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HomeMy WebLinkAboutReso 22-21 Approving Major Mod. 571 Embarcadero (Salt Building)RESOLUTION NO. 22-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, TO CONDITIONALLY APPROVE MAJOR MODIFICATION (MAJ19-006) OF CONCEPT / PRECISE PLAN APPROVAL OF CONDITIONAL USE PERMIT (UPO-260) FOR CONVERSION OF 839 SF OF EXISTING SECOND FLOOR OFFICE SPACE TO ONE VACATION RENTAL UNIT WITH 988SF DECK, 450SF WATER LEASE LINE AMENDMENT, REPLACEMENT OF TWO FINGER DOCKS AND 28 FOOT GANGWAY, REPLACEMENT OF PILINGS TO SUPPORT NEW 207SF EXPANSION OF HARBORWALK PUBLIC ACCESS, APPROVAL FOR A MASTER SIGN PROGRAM ALLOWING 73.9 SF WHERE 67.5 SF IS ALLOWED, AND RELATED BUILDING FACADE IMPROVEMENTS LOCATED AT 571 EMBARCADERO, SALT BUILDING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing via video conference on April 6, 2021 for the purpose of considering a favorable recommendation to the Morro Bay City Council for approval of a Major Modification (MAJ19-006) to Conditional Use Permit UPO-260 ("Project"); and WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a public hearing via video conference on May 11, 2021, for the purpose of considering the favorable recommendation by the Planning Commission; and WHEREAS, pursuant to the Governor's Executive Order N-29-20 issued on March 17, 2020 in response to the present State of Emergency in existence due to the threat of COVID-19, the City of Morro Bay Planning Commission and the City Of Morro Bay City Council are authorized to hold public meetings via teleconferencing and all requirements in the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived; 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 the 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: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: California Environmental Quality Act (CEQA) A. That for purposes of the California Environmental Quality Act, Case No. MAJ19-006 is exempt u nder Section 15301 and 15303 Class 1e and 1g for minor alterations to existing structures and changes to sign copy; and Class 3c for conversion of commercial structures from one use to another where the commercial remodel of this project converting 2nd floor office space, public access improvements, and sign program approval would qualify for an exemption with implementation of best management practices as conditioned by Planning conditions 7-9. To e nsure there are no future impacts to eelgrass, a condition of approval has been added to require an updated eelgrass survey prior to construction of the dock and gangway replacement per the California Eelgrass Mitigation Policy (CEMP) (Planning condition 10). Additionally, none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project. 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 conversion of existing second floor office space to one vacation rental unit, improvements to public access, dock and gangway replacement, and building facade improvements at 571 Embarcadero are permitted uses within the zoning district and said structures comply with all applicable project conditions and City regulations and is consistent with the City's Local Coastal Program. B. The project will not be injurious or detrimental to property and improvements in the n eighborhood and the general welfare of the City in that the proposed widening of the Harborwalk from 8.5 feet to 10 feet and updated public coastal access signage as well as removal of obstructions within the view corridor, will provide greater public coastal access to a visitor -serving commercial use and is consistent with the character of the existing development. Waterfront Master Plan Findings A. The proposed project makes a positive contribution to the visual and public accessibility to the bay while increasing and maintaining commercial fishing industry a. The proposed project provides the amenities identified in the WF Plan, facilitates pedestrian visual and physical access to the waterfront in that the Harborwalk bayside lateral access is improved to increase from 8.5 feet to 10 feet in width to allow for e asier pedestrian access, enjoyment and better bay views by opening up vertical access to improve view corridor from the street b. The proposed project makes a positive contribution to the working fishing village character and quality of the Embarcadero area in that the new project reconstructs the finger docks and gangway leading to the existing boat slips in the bay for recreational o r commercial boat rental and also with the removal of visual obstructions within the ✓ iew corridor will maintain and enhance views of the bay. c. The design recognizes the pedestrian orientation of the Embarcadero and provides an interesting and enhanced pedestrian experience in that the project will provide improved lateral public access to the water and docks while assisting in the Harborwalk plan to continue public access along the waterfront as well as create improved view corridor through the vertical access leading to the bayside lateral access. In addition the project recognizes the pedestrian orientation by approving a sign program which includes a directory sign accessible by pedestrians to inform the types of businesses present. The project is consistent with the character of the existing development. d. The project gives its occupants and the public some variety in materials and/or application in that the harborwalk lateral access will be of wood material consistent with the character of the building and coastal access signage will be updated to be consistent with other Embarcadero projects in order to have consistent public access signage in order to promote public awareness of coastal bayside access. e. The project contains the elements of harmony, continuity, proportion, simplicity, and balance, and its appearance matches its function and the uses proposed in that the improved harborwalk public lateral access will be accessible to the public and is consistent with the character of the existing development. f. The proposed project does not diminish, either directly or by cumulative impact of several similar projects, the use, enjoyment, or attractiveness of adjacent buildings and provides a visual and pedestrian transition connection point to its immediate neighbor to the south and will be enhanced by opening up the vertical access along the center of the building. Architectural Consideration A. As required by Morro Bay Municipal Code Section 17.48.200 the Planning Commission 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. Precise Plan Finding A. As required by Morro Bay Municipal Code Section 17.40.030.G, the Planning Commission finds the project is developed sufficiently to approve the project as a combined concept/precise plan approval of the conditional use permit. Downtown Waterfront Specific Plan (DWSP) Finding A. The project is consistent with the Waterfront Design Guidelines for the DWSP in that the proposed project includes outdoor dining, exterior lighting, and a sign program which includes centrally located directory signage and projecting signs oriented toward pedestrians and bicyclists which are encouraged. The project also includes project exterior light consistent with the architectural style of the building as well as outdoor dining deck adjacent to proposed 10- foot wide Harborwalk bayside lateral access. Section 2. Action. The City Council does hereby approve Major Modification #MAJ19-006 to Conditional Use Permit #UP0-26- as a combined Concept/Precise Plan approval subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the land described in the staff report dated May 4, 2021, for the project at 571 Embarcadero depicted on plans received April 26, 2021, 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 Planning Commission approved plans submitted for MAJ19-006, unless otherwise specified herein. Inaugurate Within Two Years: Unless the construction or operation of the structure, facility, o r 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, 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 agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the 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 applicant's failure to comply with conditions of approval. 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 Planning Commission 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 e ntitlement will constitute a violation of the MBMC and is a misdemeanor. 7. Compliance with Morro Bay Standards: This project shall meet all applicable requirements u nder the MBMC, and shall be consistent with all programs and policies contained in the LCP and General Plan of the City. Budding Conditions: A. THE FOLLOWING CONDITIONS AND SELECTED CODE REQUIREMENTS SHALL BE MET PRIOR TO ISSUANCE OF A BUILDING PERMIT. BUILDING DIVISION 1. 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 2016 California Building Code (CBC), 2016 California Fire Code (IFC), 2016 California Mechanical Code (CMC), 2016 California Plumbing Code (CPC) 2016 California Electrical Code (CEC) 2016 California Energy Code, 2016 Green Building Code, 2016 California Residential Code 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.) 2. 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 3. 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 4. 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 appropriate Observed deficiencies shall be reported in wnting 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 5. The owner shall comply with the City's Special Inspection Program. Special inspections may 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. Deferred submittals are not allowed, unless otherwise permitted by the Building Official, i.e. fire sprinkler plans and calculations and truss calculations. Fire sprinklers shall be required in the vacation rental unit. Identify how ADA access is provided to the upper floor unit. B CONDITIONS TO BE MET DURING CONSTRUCTION: BUILDING DIVISION: 1 SITE MAINTENANCE During construction, the site shall be maintained so as to not infringe on neighboring property, such as debris and dust. 2. A licensed surveyor or engineer shall verify pad elevations, and setbacks, prior to foundation inspection when determined necessary by the planning division. 3. ARCHAEOLOGICAL MATERIALS. In the event unforeseen archaeological resources are unearthed during any construction activities, all grading and or excavation shall cease in the immediate area and the find left untouched. The Building Division shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist Native American, or palaeontologist, whichever is appropriate. The qualified professional shall evaluate the find and make reservations related to the preservation or disposition of artifacts in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the Building Official shall notify to county coroner. If human remains are found to be of ancient age and of archaeological and spiritual significance, the Building Official shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation. C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY: BUILDING DIVISION. 1. Prior to building division final approval all required inspections from the other various departments 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. D. CONDITIONS SUBJECT TO ONGOING COMPLIANCE 1. COMPLIANCE WITH APPLICABLE LAWS. All applicable requirements of any law or agency of the State, City of Morro Bay and any other governmental entity at the time of construction shall be met. The duty of inquiry as to such requirements shall be upon the applicant. Fire Conditions: 1. Fire Safety during Construction and Demolition shall be in accordance with 2016 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. Automatic fire sprinklers for the entire building. An automatic fire sprinkler system, in accordance with NFPA 13, California Fire Code (Section 903) and Morro Bay Municipal Code (Section 14.08.090). Applicant shall submit 3 sets of sprinkler plans to Morro Bay Community Development Department for review. 3 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 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. 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). Public Works Conditions: 1. Frontage: Show sidewalk and street frontage on plans. Verify current ADA accessibility requirements are in place. 2. Sewer Lateral: Indicate and label new or existing sewer lateral and connection. If an existing lateral is used, perform a video inspection of the lateral and submit to Public Works via flash drive or DVD, prior to building permit issuance. Lateral shall be repaired as necessary and all repairs shall be noted on approved set of plans. A sewer backwater valve and downstream cleanout, extended to grade, shall be installed on the sewer lateral. 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). 4. Erosion and Sediment Control Plan: For small projects less than one acre and less than 15% slope, provide a standard erosion and sediment control plan. 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. 5. Harbor Deck Extension: Show debris barrier and BMP's on construction plans. 6. 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. 7. Water Backflow Prevention Device: Verify and label all new or existing water backflow preventers Devices are required for fire water systems, irrigation systems on a dedicated water meter systems which may change in character of use (commercial rentals etc.) gray water systems, or any plumbing system which has 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. Public Access: Note on plans how the public will be protected/ screened from work areas. Provide temporary physical barriers that will momentarily segregate the public from construction. Encroachment Permits: A sewer encroachment permit shall be required for any repairs or installation of a sewer lateral within the City right-of-way or within a utility easement. When utility connections require pavement cuts a traffic control plan indicating appropriate signing, marking, barricades and flaggers must be submitted with the Encroachment P ermit application. If a construction dumpster is placed within the City nght-of-way or parking spaces are required for construction an encroachment permit is required Add the following Notes to the Plans: 1. Any damage as a result of construction operations for this project, to City facilities, i.e. curb/berm, street, sewer line, water line, or any public improvements shall be repaired at no cost to the City of Morro Bay. N o 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. A Coastal Development Permit shall be submitted to the Community Development Department prior to issuance of a building permit. 2. Prior to issuance of a building permit, the Applicant shall either acquire all required regulatory permits and authorizations (i.e. U.S. Army Corps of Engineers, Regional Water Q uality Control Board, California Department of Fish and Game), or submit documentation that such permits are not required. 3. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the final Conditions of Approval for both the Conditional Use Permit and the Coastal Development Permit shall be attached to the set of approved plans. The sheet containing Conditions of Approval shall be the same size as other plan sheets and shall be the last sheet in the set of Building Plans 4. Inspection: The applicant shall comply with all City conditions of approval and conditions mposed by the California Coastal Commission and obtain final inspection clearance from the Planning Division at the necessary time in order to ensure all conditions have been met. 5. Floating dock. Signage shall be added that reflects that the floating dock shall be publicly available for general public pedestrian access and either short-term or long-term use by recreational or commercial boats Signs discouraging the public from walking on the docks during daylight hours are prohibited The docks shall be open to the general public during at least daylight hours (i.e. one hour before sunrise to one hour after sunset). 6. The public access closure shall be limited to no more than 45 days. Any extension of public access closure beyond 45 days shall be subject to review and approval by the Community Development Director. 7. A project specific Oil Spill Response and Recovery Plan that includes specifics on reporting and response procedures, available on -site equipment and contracted services, and responsibilities shall be completed and approved prior to the initiation of construction activities. Specifically, the project shall include the following Best Management Practices (BMPs) and shall be included on building plans submitted for approval: a. No refueling of equipment without adequate containment and spill response equipment. The barge shall have only double contained fuel storage below decks, with the spill containment and clean up kits on -site and easily accessible Spill containment and clean up kits shall include the following: b. 150 feet Absorbent Boom 200 square feet Absorbent Tarp (for use during pile driving operations) c. Barrel Absorbent Pads d. Container Absorbent Granules e. Rainwater runoff pollution from equipment stored on deck shall be prevented through ongoing equipment maintenance and appropriate double containment. f. The work area shall be contained within a boom to prevent debris from falling into the water. g. All equipment fueling shall take place on the barge, with containment in -place. No refueling between vessels shall occur h. An Absorption Tarp shall be placed underneath any portable equipment while in use. i. No equipment shall be permitted to enter the water with any petroleum products. j. All equipment used during pile driving operations shall be in good condition without fuel or oil leakage. k. Should any equipment begin to leak, that equipment shall be removed immediately from the barge and repaired or replaced. I. All vessels shall have portable regularly serviced sanitation equipment. No overboard discharge is permitted. 8. Netting or fencing around and underneath the gangway project site shall be installed to catch and remove debris released during and after construction. 9. To reduce potential turbidity -associated impacts, silt screens should be used when and where they will be effective. The relatively high tidal currents within Morro Bay could reduce the effectiveness of silt screens and should be considered prior to placing of these screens. 10 Eelgrass —Applicant shall be subject to the California Eelgrass Mitigation Policy (CEMP) which requires a pre -construction survey shall be completed within 30-60 days prior to issuance of a building permit unless otherwise waived under the Army Corps permitting requirements. Post -construction survey, if required by the CEMP, shall be completed within 30 days of construction completion or as otherwise determined by the National Marine Fisheries Service (NMFS) in order to determine amount of impact if any and CEMP required annual reporting and mitigations. Any change in eelgrass extent shall be documented and reported to the Community Development Director. If the report identifies a reduction in eelgrass coverage then a plan shall be prepared to identify the appropriate mitigations necessary and in line with the specifications for mitigation of eelgrass habitat as provided for in the California Eelgrass Mitigation Policy, dated October 2014. 11. Harborwalk Bayside Lateral Public Accessway. The bayside lateral access, also known as the Harborwalk, shall maintain a 10-foot-wide coastal access with open unobstructed access at all times with no tables or dining encroachments in order to maximize public access. Any uses that obstruct the lateral access such as private uses or barriers including furniture, planters, ropes, or restaurant seating within the 10-foot lateral access shall be prohibited. 12 Outdoor Dining Deck. The outdoor dining deck with windscreen approved adjacent to the Harborwalk area shall be for public access only, no table setups shall be permitted, locked accordion gate shall be removed, and coastal access signage shall be posted stating no purchase necessary. 13. Outdoor Lighting. Existing lighting fixtures shall be revised to be consistent with the Jim Maul architectural style Revised lighting fixtures shall be downward facing to avoid light spillage to areas facing the bay and cutoff style as applicable. Type of lighting fixtures to be submitted to the Planning Division for review and approval by the Community Development Director. Planning conditions 14-18 added by Planning Commission on December 18, 2018 and conditions 10 (in bold), 15, and 18 updated by Planning Commission on April 6, 2021. 14. Remove the trash area (storage area) to expose the original brick facade. 15. Add signage for on -site public restroom and relocate as a pub sign for improved visibility. 16. Tone down the brightness of the white color of the directory sign on the brick column. 17. Revise lighting fixtures to be more consistent with original Jim Maul architecture. Lighting fixtures A and E are preferred to be replicated where possible. 18. Revise proposed materials for the ADA vertical lift support wall from the proposed brick veneer finish to the brown wood paneling. City Council conditions: 19. Lighting plan sheet page A7.0 Fixture C shall be revised to a downward facing cut off fixture in a style more consistent with the project architecture. Fixture design shall be submitted to the Community Development Director for review and approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 11 th day of May 2021 on the following vote: AYES. Headding, Addis, Barton, Davis, Heller NOES. None ABSENT: None ABSTAIN: None ATTEST (DANA SW NSON, City Clerk JOHN EA ;I DING, Mayor