HomeMy WebLinkAboutReso 21-20 295 Atascadero (004)RESOLUTION NO. 21-20
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH#2019129078)
WITH MITIGATION AND MONITORING PROGRAM (MMP) AND
CONDITIONALLY APPROVE COASTAL DEVELOPMENT PERMIT (CDP19-
039) AND CONCEPT./PRECISE PLAN CONDITIONAL USE PERMIT (CUP19-
13) FOR NEW CONSTRUCTION OF 56,538SF 83 GUEST -ROOM HOTEL
LOCATED AT 295 ATASCADERO ROAD, MORRO BAY HOTEL
THE CITY COUNCIL
City of Morro Bay California
WHEREAS, the City Council of the City of Morro Bay conducted a public hearing at the
Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California on March 10, 2020, for the
purpose of considering approval of Coastal Development Permit #CDP19-039 and Conditional
U se Permit #CUP19-13 for the Morro Bay Hotel project located at 295 Atascadero Road in an
area located in the Coastal Commission appeals jurisdiction; and
WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing
at the Morro Bay Veteran s Hall, 209 Surf Street, Morro Bay, California, on February 4 2020, for
the purpose of considering approval of Coastal Development Permit #CDP19-039 and Conditional
U se Permit #CUP19-13 for the Morro Bay Hotel project located at 295 Atascadero Road in an
area located in the Coastal Commission appeals jurisdiction and forwarded a favorable
recommendation to the City Council pursuant to Morro Bay Municipal Code.17 40.030; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
Escape Hospitality, LLC (Applicant), interested parties, and the evaluation and recommendations
by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
S ection 1. Findings. Based upon all the evidence, the Council makes the following findings:
California Environmental Quality Act (CEQA)
A. For purposes of the California Environmental Quality Act, Case No. CDP19-039/CUP19-13 is
subject to a Mitigated Negative Declaration (MND) based upon potentially significant impacts
to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and
Soils, Greenhouse Gas Emissions, Land Use and Planning, Transportation and Tribal
Cultural Resources. Any impacts associated with the proposed development will be brought
to a less than significant level through the mitigations contained in the MND. Additional
mitigation has been added to the Mitigation and Monitoring Plan (MMP) as a result of
comments received during the 30-day comment period by the County of San Luis Obispo Air
Pollution Control District (APCD) and CalTrans. The addition of APCD and CalTrans
mitigations did not result in any additional impacts that would require re -circulation and all
impacts have been reduced to a level less than significant.
B. The MMP attached to the MND has been reviewed and determined to be adequate in
mitigating or avoiding potentially significant environmental effects.
Coastal Development Permit Findings
A. The project as proposed is consistent with the applicable provisions of the certified Local
Coastal Plan. The Local Coastal Plan is consistent with the General Plan and the project
is an allowable use in its zoning district The project is consistent with CLUP Policies
12.01 and 12.02 and General Plan Visual Resources Element policies VR-2 and VR-3
in that the project has been sited and designed to protect views to the Rock and is
visually compatible with surrounding areas in that the bulk of the structure is located in
front of the existing windrow of mature Monterey cypress trees and the project has been
redesigned at the southern elevation to remove the shed roof and contain mechanical
equipment within a parapet wall instead of being located on the roof.
B. The City Council finds the project is consistent with and in conformity with the public
access and public recreation policies of Chapter 3 of the California Coastal Act. The
Morro Bay Hotel project is proposed to provide publicly available electric vehicle
charging stations as public benefit which facilitates public access as further described in
the staff report presented to the Planning Commission at its February 4 2020 meeting.
Conditional Use Permit Findings
A. The project will not be detrimental to the health, safety, morals, comfort and general
welfare of the persons residing or working in the neighborhood in that the new construction
of the hotel project has been designed with a large front setback and development pushed
to the rear of the lot. The project provides for public benefit of extension of the Class 1
bike path/multi-use path to facilitate pedestrians and passers-by; new electrical vehicle
charging locations; and dedication of a stub portion of the southwest property to the
adjacent Morro Bay High School and the proposed hotel project at 295 Atascadero is a
permitted use within the zoning district; and the project's structures comply with all
applicable project conditions and City regulations and are consistent with the City's Local
Coastal Program
B. The project will not be injurious or detrimental to property and improvements in the
neighbourhood and the general welfare of the City in that the proposed hotel use will
provide a visitor -serving commercial use with public benefit consistent with the character
of the surrounding area
Planned Development Overlay Finding
A. The City Council finds the project as conditioned with the provision of 9 electric vehicle
charging stations, which exceeds building code requirements, extension of the Class 1
bike lane/ multi -.use path across the property frontage to provide a safe path of travel for
bicyclists and pedestrians passing by the property which exceeds frontage improvement
requirements; the dedication of a stub portion of the southwest property to be dedicated
to Morro Bay High School for use as extension of their bike lane adjacent to their eastern
most vehicular entrance, and various green measures such as net zero energy goal, bike
share, recycled content building materials, LED lighting, reflective roofing, permeable
pavers, high performance glazing system consist of greater than normal public benefits
and results in a project with improved site design which warrants modification of the height
standard to allow an increase in height from 30 feet to 35 41 feet.
B. The project also provides for 92 parking spaces with a mix of rectangular landscape
parking planter areas and diamond landscape parking planter areas This design
modification improves the site design that would otherwise result because it maintains the
required 92 parking spaces while also allowing for parking lot tree shading
Architectural Consideration
A. As required by Morro Bay Municipal Code Section 17.48.200 the City Council finds the
architectural treatment and general appearance of all proposed structures and open areas
are in keeping with the character of the surrounding areas, are compatible with any design
themes adopted by the City, and are not detrimental to the orderly and harmonious
development of the City or to the desirability of investment of occupation in the area.
Section 2. Action. The City Council does hereby approve Coastal Development Permit #CDP19-
039 and Conditional Use Permit #CUP19-13 subject to the following conditions:
STANDARD CONDITIONS
1. This permit is granted for the land described in the staff report dated February 26, 2020,
for the project at 295 Atascadero depicted on plans dated February 12, 2020, on file with
the Community Development Department, as modified by these conditions of approval,
and more specifically described as follows: Site development, including all buildings and
other features, shall be located and designed substantially as shown on City Council plans
submitted for CDP19-039/CUP19-13, unless otherwise specified herein.
2. Inaugurate Within Two Years: Unless the construction or operation of the structure, facility,
or use is commenced not later than two (2) years after the effective date of this Resolution
and is diligently pursued, thereafter this approval will automatically become null and void;
provided, however, that upon the written request of the Applicant, prior to the expiration of
this approval, the Applicant may request up to two extensions for not more than one (1)
additional year each Any extension may be granted by the City's Community
Development Director (the "Director"), upon finding the project complies with all applicable
provisions of the Morro Bay Municipal Code (the MBMC"), General Plan and certified
Local Coastal Program Land Use Plan (LCP) in effect at the time of the extension request
3. Changes: Minor changes to the project description and/or conditions of approval shall be
subject to review and approval by the Community Development Director. Any changes to
this approved permit determined, by the Director, not to be minor shall require the filing of
an application for a permit amendment subject to Planning Commission review
4. Compliance with the Law (a) All requirements of any law, ordinance or regulation of the
State of California, the City, and any other governmental entity shall be complied with in
the exercise of this approval, (b) This project shall meet all applicable requirements under
the MBMC, and shall be consistent with all programs and policies contained in the LCP
and General Plan for the City.
5. Hold Harmless: The Applicant, as a condition of approval, hereby agreesto defend,
'ndemnify, and hold harmless the City, its agents, officers, and employees from any claim,
action, or proceeding against the City as a result of the (i) action or inaction by the City, or
from any claim to attack, set aside, void, or annul this approval by the City of the Applicant's
project or (ii) Applicant's failure to comply with conditions of approval. The Applicant
understands and acknowledges the City is under no obligation to defend any legal actions
challenging the City's actions with respect to the project. This condition and agreement
shall be binding on all successors and assigns
6. Compliance with Conditions: The Applicant's establishment of the use or development of
the subject property constitutes acknowledgement and acceptance of all Conditions of
Approval. Compliance with and execution of all conditions listed, hereon, shall be required
prior to obtaining final building inspection clearance. Deviation from this requirement shall
be permitted only by written consent of the Director or as authorized by the City Council
Failure to comply with any of these conditions shall render this entitlement, at the
discretion of the Director, null and void. Continuation of the use without a valid entitlement
will constitute a violation of the MBMC and is a misdemeanor.
7. Compliance with Morro Bay Standards. This project shall meet all applicable requirements
under the MBMC, and shall be consistent with all programs and policies contained in the
LCP and General Plan of the City.
8. Conditions of Approval The Findings and Conditions of Approval shall be included as a
full-size sheet in the Building Plans.
Building Conditions:
A. PRIOR TO ISSUANCE OF A BUILDING PERMIT:
1. Building permit plans shall be submitted by a California licensed architect or engineer when
required by the Business & Professions Code, except when otherwise approved by the Chief
Building Official.
2. The owner shall designate on the building permit application a registered design professional who
shall act as the Registered Design Professional in Responsible Charge The Registered Design
Professional in Responsible Charge shall be responsible for reviewing and coordinating submittal
documents prepared by others including phased and staggered submittal items, for compatibility
with design of the building.
3. The owner shall comply with the City's Structural Observation Program. The owner shall employ
the engineer or architect responsible for the structural design, or another engineer or architect
designated by the engineer of record or architect responsible for the structural design, to perform
structural observation as defined in Section 220. Observed deficiencies shall be reported in
writing to the owner's representative, special inspector, contractor and the building. official The
structural observer shall submit to the building official a written statement that the site visits have
been made and identify any reported deficiencies that, to the best of the structural observer's
knowledge, have not been resolved.
4. The owner shall comply with the City's Special Inspection Program. Special inspections will be
required by Section 1704 of the California Building Code. All Special Inspectors shall first be
approved by the Building Official to work in the jurisdiction. All field reports shall be provided to
the City Building Inspector when requested at specified increments in order for the construction
to proceed All final reports from Special Inspectors shall be provided to the Building Official when
they are complete and prior to final inspection.
5. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo County
Air Pollution Control District
6. A soils investigation performed by a qualified professional shall be required for this project. All cut
and fill slopes shall be provided with subsurface drainage as necessary for stability; details shall
be provided.
8. .Fire sprinklers, shall be required by City Codes.
9. BUILDING PERMIT APPLICATION. To apply for building permits submit three (3) sets of
construction plans to the Building Division.
10. The Title sheet of the plans shall include:
a. Street address, lot, block, track and Assessor Parcel Number.
b. Description of use.
c. Type of construction.
d. Height of the building.
e. Floor area of the building(s).
f. Vicinity map
All construction will conform to the 2019 California Building Code (CBC), 2019 California
Residential Code (CRC), 2019 California Fire Code (IFC), 2019 California Mechanical
Code (CMC), 2019 California Plumbing Code (CPC), 2019 California Electrical Code
(CEC), 2019 California Energy Code 2019 California Green Code (CGBC), and
Accessibility Standards where applicable and all City codes as they apply to this project.
(Code adoption dates are subject to change. The code adoption year is established by
application date of plans submitted to the Building Division for plan review.)
B. CONDITIONS TO BE MET DURING CONSTRUCTION:
1. SITE MAINTENANCE During construction, the site shall be maintained so as to not
infringe on neighbouring property, such as debris and dust
2. Certification of compliance with the soils report shall be submitted to the Building Division
prior to foundation approvals. A final report certifying compliance with the soils report or
grading plans shall be submitted to the Building Division prior to final approvals.
3. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to foundation
inspection, and building height prior to framing inspection when determined necessary by
the Planning Division.
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF
CERTIFICATE OF OCCUPANCY:
Prior to Building division final approval all required inspections from the other various
divisions must have been completed and verified by a city inspector. All required final
inspection approvals must be obtained from the various departments and documented on
the permit card.
Fire Department Conditions:
1. Demolition Site Plan, General Notes. Provide the following notation: Fire Safety During
Construction and Demolition shall be in accordance with 2019 California Fire Code Chapter
33. This chapter prescribes minimum safeguards for construction, alteration and demolition
operations to provide reasonable safety to life and property from fire during such operations.
2 Fire Protection Systems and Equipment. An approved automatic fire sprinkler system shall
be provided throughout this project, pursuant to Morro Bay Municipal Code, Section
14.60.200.
Submit all plans and specification sheets for the required automatic fire sprinkler system to the
Building Department for review and approval prior to installation. Sprinkler plans shall be
submitted prior to issuance of a Building Permit. The sprinkler system shall be in accordance
with NFPA Standard 13
3. Fire Alarms Plans and specifications for the automatic fire sprinkler system and fire alarm
system shall be submitted to Public Services Division for review and approval. (CFC 1001.3
and 1001.4) The fire sprinkler and alarm systems shall be supervised by a central station and
constructed in accordance with NFPA 72.
4. Fire Department access to equipment. Rooms or areas containing controls for Electrical, FAU,
Alarm and Fire Sprinkler Systems shall be identified by approved and appropriate signage for
Fire Department use (CFC 1001.8)
5. Every sleeping room below the fourth story shall have at least one operable window or door
approved for emergency escape or rescue that shall open directly into a public street and shall
be operable from inside to provide a full, clear opening without tools (CBC 310.4). Exception 2
may apply when fully sprinklered in accordance with NFPA 13.
6. Fire Extinguishers. A minimum of one 2A-10-BC extinguisher shall be provided for each floor
area so that travel distance does not exceed 75 feet. Extinguishers shall be serviced annually
and shall have a current service tag attached. (CCR, Title 19, Sec. 3.29)
7. Required water supply. An approved water supply capable of supplying the required fire flow
for fire protection shall be provided to premises upon which facilities, buildings or portions of
buildings are hereafter constructed or moved into or within the jurisdiction (CFC 507.1). Provide
the required fire -flow requirement as contained in CFC Table B105.1(2).
8. Fire hydrant where required. Where a portion of the facility or building hereafter constructed or
moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus
road, as measured by an approved route around the exterior of the facility or building, on -site
fire hydrants and mains shall be provided where required by the fire code official. (CFC 507.5.1)
9. Minimum number of fire hydrants for a building. The number of fire hydrants available to a
building shall not be less than the minimum specified in Table C102.1. (CFC C102.1)
10. Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided, at least
o ne elevator shall be provided for fire department emergency access to all floors. The elevator
car shall be of such a size and arrangement to accommodate an ambulance stretched 24-
inches by 84-inches with not less than 5-inch radius corners, in the horizontal, open position
and shall be identified by the international symbol for emergency medical services (star of life).
The symbol shall not be less than 3-inches high and shall be placed inside on both sides of the
hoist way door frame. (MBMC 14.08.090)
11. Dumpsters and containers with an individual capacity of 1.5 cubic yards or more shall not be
stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof
eave lines. (CFC 304.3.3
12. Key Boxes. Where access to or within a structure or an area is restricted because of secured
o penings or where immediate access is necessary for life-saving or fire -fighting purposes, the
fire code official.
Provide a Knox Key Box for installation to the exterior of the structure. Obtain a Knox
Application from Morro Bay Fire Department during business hours.
13. Obstruction and Locations. Unobstructed access to fire hydrants shall be maintained at all
times. The fire department shall not be deterred or hindered from gaining immediate access to
fire protection equipment or fire hydrants. (CFC 507.5.4)
Provide location of the sprinkler riser, backflow double check device, fire hydrants and fire
protection equipment at site
14. Standpipe systems shall be installed throughout buildings where the floor level of the highest
story is located more than 30 feet (9144 mm) above the lowest level. of fire department vehicle
access, or where the floor level of the lowest story is located more than 30 feet (9144 mm)
below the highest level of fire department vehicle access."
15. Fire Lanes. Access roads and fire lanes shall be provided and identified by approved
signage to read: "Fire Lane, No Parking" stenciled over red painted curbs and signage.
Public Works Conditions:
The following Public Works conditions shall be satisfied prior to Building Plan submittal:
1. Existing 40' Right of Way Conversion to 20' Wide Public Utility Easement The 66th Street
Right of Way (ref. 2 MB 15), will need to be abandoned and a 20' wide public utility
e asement be dedicated to the City (centered on the existing 18' sewer main). Since this
project is required to merge the underlying lots, use of a parcel map to finalize merger and
effectuate the abandonment may be appropriate.
2. Private Sewer Lines and Easements: Per the attached "Existing Utilities" information, we
have identified two separate sewer services which connect to the existing 18" sewer main
and extend to the south across Atascadero Road. Show these on the plans Also
demonstrate that these private sewer lines will not conflict with the proposed underground
infiltration facilities.
3. Frontage Improvements, Public Improvements and Signage. and Striping Plan: Please
revise the roadway ' half -section" per the attached "Atascadero RoadStreet Section
Exhibit". Please include a separate "Public Improvements Plan" at a larger scale (e.g. 1"
= 10"), so that existing features and required frontage improvements can be identified and
checked against the proposed design. This shall also include a "Signage and Striping
Plan" at an acceptable scale that identifies all existing and proposed signage and striping
features with appropriate dimensions.
4. Driveways: All driveway approaches used for 2-way traffic shall be a minimum of 24 feet
wide.
5. City Utilities: Show all existing and proposed locations of the sewer lateral, water service,
and water and sewer mains on the building plans. Include sizes where appropriate. Note
the location of all overhead utilities and construction underground service entrances per
the CBC. (See attached ex. utilities exhibit).
6. Water Meter: Indicate and label new water meter on plans.
7. Water Backflow Prevention Device: Verify and label all proposed water backflow
preventers. Devices are required for all water line connections, including fire water
systems, irrigation systems on a dedicated water meter, or any plumbing system which
has potential for cross -connections or the ability to allow water of deteriorated sanitary
quality to enter the public water supply. Add note to plan that device is an approved
domestic water backflow prevention device.
8. Sewer Backwater Valve: Indicate and label sewer backwater valve on plan. A sewer
backwater valve shall be installed on site to prevent a blockage or maintenance of the
municipal sewer main from causing damage to the proposed project (MBMC 14.24.070).
9. Sewer Impact: The City's "OneWater Plan" which is available at the following link;
https://www. morro-bay.ca. us/DocumentCenter/View/12500/OneWater-Plan-Final
identifies existing flow in the 18" sewer main adjacent to and downstream of the proposed
project exceeding capacity during Peak Wet Weather Flow (PVVVVF). The City has defined
`exceeding capacity" when the water surface elevation in the system during PVVWF is
above the elevation defined as three feet below the manhole rim. The Applicant shall work
with the City's consultant (Carollo Engineers -Fresno Office) to model the additional flow
from this proposed project into this under capacity line to verify that the resultant elevations
in wastewater depth do not exceed any manhole rim elevation downstream of the project.
Additionally, the Applicant shall replace the existing 18" sewer main with a 27" sewer main
in its current alignment through the project site, or delay development of this portion of the
site until the City constructs said improvements.
10. Flood Zone Requirements: This proposed project is located within an AE Special Flood
Hazard Area (SERA). A Flood Hazard Development Permit is required. The City's Flood
Hazard Prevention Ordinance (MBMC Chapter 14.72) describes the requirements to
obtain this permit. Pertinent requirements include, but are not limited to:
a) Submit a FEMA Elevation Certificate which will indicate the base flood elevation to be
used with the proposed construction drawings. (Prior to Final Sign -off, submit an
Elevation Certificate to indicate the finish elevations of the completed building.)
b) Submit a FEMA "Floodproofing Certificate for Non -Residential Structures" which will
indicate the base flood elevation to be used with the proposed construction drawings.
(Prior to Final Sign -off, submit an Elevation Certificate to indicate the finish elevations
of the completed building.)
11 Stormwater Management: The City has adopted Low Impact Development (LID) and Post
Construction requirements to protect water quality and control runoff flow from new and
redevelopment projects. The requirements can be found in the Stormwater management
guidance manual on the City's website www.morro-bay.ca.us/mainmanual . Projects with
more than 2,500sf of new or redeveloped impervious area are subject to these
requirements. This project appears to require Performance Requirement No. 1, 2, 3, and
4. Provide the completed "Appendix A - SFR Performance Requirement Determination
Form" and other required performance requirement certification forms as required.
12 Detailed Erosion and Sediment Control Plan: Required for sites greater than 1 /2 acre, or
for building or other site disturbance proposed on slopes over 15%, or for projects located
within critical areas. The Plan shall show control measures to provide protection against
erosion of adjacent property and prevent sediment or debris from entering the City right of
way, adjacent properties, any harbor, waterway, or ecologically sensitive area. It must
include a written narrative, detailed site plan, typical drawing and details. The City of Morro
Bay "Erosion and Sedimentation Control Plan Manual" which is available on the City
website at the following link: https://www.morro-bay.ca.us/689/Construction-Sites
13 Stormwater Pollution Prevention Plan (SWPPP): The SWPPP is required for all sites over
1 acre. Prior to issuance of a building permit, the owner shall submit a Notice of Intent
(NOI) to the State Water Resources Control Board (SWRCB) and develop a SWPPP
according to the requirements of a Construction General Permit. Incorporate City of Morro
Bay Post Construction requirements to SWPPP. A copy of the SWPPP with the reference
WDID shall be submitted to the City.
14. Traffic Impact Assessment: The Applicant has provided a "Draft Transportation Impact
Study". This study shall be used to further analyze the traffic flows at the intersection of
"Main/Hwy 41 (Atascadero Rd.)/Hwy 1". The City has initiated a project of proposed
improvements at this location. The current estimated cost of the improvements are
$7,550,000. The Applicant is conditioned to pay a pro rata fee proportional to increased
traffic at this location. At peak hour the project contributes 30 additional trips or 1.01 % of
the traffic to the subject intersection. This calculates to $76,255.00 as being this proposed
project's share of the intersection improvements.
15. Caltrans. Submit all comments from Caltrans regarding project requirements Submit copy
of Caltrans encroachment permit prior to building permit issuance from the City of Morro
Bay.
16. Encroachment Permits: A standard encroachment permit shall be required for the
proposed driveway; the driveway shall comply with B-9 (Driveway Ramps: Size &
Location). An underground encroachment permit shall be required for installation of a
sewer lateral within the City right-of-way or within a utility easement.
Additional Notes - Add the following notes to the plans. These are required for Building Permit
Approval.
1. Any damage, as a result of construction operations for this project, to City facilities, i.e.
pavement surface, sidewalk, curb/berm, street, sewer line, water line, or any public
improvements shall be repaired at no cost to the City of Morro Bay.
2. No work shall occur within (or use of) the City's Right of Way without an encroachment
permit Encroachment permits are available at the City of Morro Bay Public Works Office
located at 955 Shasta Ave. The Encroachment permit shall be issued concurrently with
the building permit.
Planning Conditions:
1. Archaeology: In the event of the unforeseen encounter of subsurface materials suspected
to be of an archaeological or paleontological nature, all grading or excavation shall
immediately cease in the immediate area, and the find should be left untouched until a
qualified professional archaeologist or paleontologist, whichever is appropriate is
contacted and called in to evaluate and make recommendations as to disposition,
mitigation and/or. salvage. The developer shall be liable for costs associated with the
professional investigation and monitoring The archaeological monitoring program as
outlined in the Mitigation and Monitoring Report in the Mitigated Negative Declaration.
2. Construction Hours: Pursuant to MBMC subsection 9.28.030.I, Construction or Repairing
of Buildings, the erection (including excavating), demolition, alteration or repair of any
building or general land grading and contour activity using equipment in such a manner
as to be plainly audible at a distance of fifty feet from the building other than between the
hours of seven a.m. and seven p.m. on weekdays and eight a.m. and seven p.m. on
weekends except in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Community Development Department, which permit
may be granted for a period not to exceed three days or less while the emergency
continues and which permit may be renewed for a period of three days or less while the
emergency continues.
3. Dust Control: That prior to issuance of a grading permit, a method of control to prevent
dust and wind blow earth problems shall be submitted for review and approval by the
Building Official
4. Architecture: Building color and materials shall be as shown on plans approved by the City
Council and specifically called out on the plans submitted for a Building Permit to the
satisfaction of the Community Development Director
5. Boundaries and Setbacks: The property owner is responsible for verification of lot
boundaries. Prior to requesting foundation inspection, a licensed land surveyor shall verify
lot boundaries and building setbacks to the satisfaction of the Community Development
Director. A copy of the surveyor's Form Certification based on a boundary survey shall be
submitted with the request for foundation inspection.
6. Building Height Verification: Prior to foundation inspection, a licensed land surveyor shall
measure and inspect the forms and submit a letter to the Community Development
Director certifying that the tops of the forms are in compliance with the finish floor
elevations as shown on approved plans. Prior to either roof nail or framing inspection, a
licensed surveyor shall submit a letter to the building inspector certifying that the height of
the structures is in accordance with the approved plans and complies with the maximum
height requirements as approved for this project.
Inspection: The Applicant shall comply with all City conditions of approval and obtain final
inspection clearance from the Planning Division at the necessary time in order to ensure
all conditions have been met.
8. Per City of Morro Bay Municipal Code section 17.48.050, all overhead utilities on the
project site shall be placed underground. Prior to issuance of grading permits, the
applicant shall provide revised plans showing compliance with this measure for review
and approval by the City of Morro Bay Community Development Department
9. A sign program including sign design and materials specifications shall be submitted prior
to City Council approval of the project.
10. A complete Lot Merger application shall be approved and recorded prior to issuance of
the building permit.
11. The 9 electric vehicle charging stations (Two level 3 and Seven level 2) shall be made
available for general public use and signed indicating for public use.
12. The Mitigation and Monitoring Program included in the Mitigated Negative Declaration and
attached to PC Resolution 03-20 as Attachment A and also attached to the City Council
staff report as Attachment 4 are hereby incorporated as conditions of approval.
Planning Commission Conditions:
13. Project landscaping shall be evaluated by a third -party arborist to ensure viability of both
the proposed trees and to assess potential impacts to the existing off -site Monterey
Cypress. Evaluation shall include review of permeable paver installation specification
proposed within the dripline of the Monterey Cypress for possible negative impacts to tree
roots and the overall health of the trees. Arbonst shall be chosen by City staff with report
submitted to the City for review and acceptance prior to issuance of a building permit. The
Applicant shall pay for the cost of the peer review City staff shall prepare a summary
report for presentation to Planning Commission.
14. Revise landscaping plan to provide Monterey cypress trees within the finger planter areas
within the parking lot on the east side of the property. If necessary, this can be
accomplished by consolidating the parking planter areas to provide more tree planting
area.
15. The Applicant shall work with the School District by making an offer to provide up to 4
Monterey cypress trees at a maximum size of 24-inch box to be used as interplanting
among existing row of Monterey cypress trees along the west property boundary. The
peer reviewing arborist shall evaluate the efficacy of this concept, in light of the desire to
maintain the Monterey cypress rows along the western property line. The Director, subject
to concurrence by the peer reviewer, can approve a smaller tree size if it is determined
that planting of smaller trees would be more appropriate to achieve the desired result
16. The Applicant shall revise the plans to remove the roof mounted mechanical equipment
and to place the equipment within a mechanical well along the south elevation. To make
room for the mechanical well, plans shall be revised to remove the shed roof on south
elevation. The Applicant shall also reduce the height of the parapet surrounding the roof,
to the greatest extent feasible, while still providing screening for the roof mounted solar
panels as viewed from Highway. 1. The Applicant shall provide revised drawings depicting
both the revised south elevation and the lowered parapet prior to the project moving
forward for Council review.
17. The Applicant shall revise the plans to carry the corten steel around the upper portion of
the rear (north) elevation. Revised elevation drawings to be submitted to the Planning
Division for review by the City Council.
18. Revise plans to provide conduit and appropriately rated circuits to accommodate two
additional level 3 electric vehicle charging stations on site. Conduit and circuits shall be
shown on the plans submitted for building permit review.
19. Provide an exhibit to the Planning Division' for inclusion in the City Council staff that shows
how the parallel parking spaces located along the west property line can accommodate a
parked tour bus.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 10th day of March, 2020 on the following vote:
AYES. Headding, Addis, Davis, Heller, McPherson
NOES. None
ABSENT: None
ATTEST
R GOODWIN,Deputy City Clerk
JOHN t AClDI-NG, Mayor