HomeMy WebLinkAboutReso 04-25 Upholding Appeal, Approving CUP24-04 (Gillen)RESOLUTION NO. 04-25
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
TO: 1) UPHOLD AN APPEAL BY PAUL GILLEN (APPLICANT); 2) REVERSE
THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT
CUP24-04; AND APPROVE A REVISED PROJECT (JANUARY 2025) FOR
THE DEMOLITION OF EXISTING STRUCTURES AND REDEVELOPMENT OF
LEASE SITES AT 431, 451, AND 495 EMBARCADERO ROAD, MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
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 November 19, 2024,
for the purpose of considering approval of Conditional Use Permit No. 24-04 ("the Project"); for a
proposed commercial development and redevelopment project located 431, 451, and 495
Embarcadero Road; and
WHEREAS, on November 19, 2024, the Planning Commission of the City of Morro Bay
adopted Resolution 04-24 to deny the Conditional Use Permit (CUP24-04); and
WHEREAS, on December 2, 2024, an appeal of the Planning Commission action to deny
the project was filed with the City of Morro Bay by Paul Gillen (Applicant) specifically requesting
the City Council review and approve the project; and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's Hall,
209 Surf Street, Morro Bay, California, on January 28, 2025, to consider an appeal of the Planning
Commission's denial of the project; and
WHEREAS, the Applicant submitted a revised project that eliminates one of the proposed
second -floor hotel rooms (reducing the total number of hotel rooms from 8 to 7), adds a 420
square -foot retail space ("Reggie's Place") at the southern end of the Embarcadero, and
incorporates cut-outs and translucent grates to allow natural light to penetrate the sidewalk below,
among other changes (Revised Project [January 2025]); and
WHEREAS, the Revised Project (January 2025) is consistent with and addresses the spirit
of the Planning Commission's suggestions to reduce the massing and scale of the proposed
development, preserve character -defining elements of the existing vacation rentals, and activate
the southern end of the Embarcadero with public visitor -serving uses; and
WHEREAS, the City Council reviewed and duly considered the Revised Project (January
2025); and
WHEREAS, notices of the 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 previous
decisions made by the Planning commission, the testimony of the Applicant, interested parties,
and the evaluation and recommendations by staff, presenting at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1: Findings to Reverse the Planning Commission Denial. Based upon all the written
and oral testimony and evidence presented to the Council at and for the above public hearing,
the City Council makes the following findings:
California Environmental Quality Act (CEQA)
1. That for purposes of the California Environmental Quality Act, Case No. CUP24-04 is
categorically exempt under 15303 (Class 3) for the new construction of limited small new
facilities, and Section 15332 for in -fill development projects in urban areas. In addition, an
eelgrass report was provided on October 2, 2024, which concluded that preconstruction
surveys would be required (see condition no. 70).
2. The project will not be injurious or detrimental to property and improvements in the
neighborhood and the general welfare of the City in that the proposed two-story building
remodel to include a restaurant, demolition of rental cottages to develop a seven (7) room
hotel, construction of a new commercial retail space to look like the previously locally
significant structure, installation of a new sidewalk and Harborwalk, and development of a
pocket park, observation deck, permanent dock, floating dock, and water slips, will provide
a visitor -serving recreational opportunity which will provide additional benefit and
improvement to a waterfront use and is consistent with the character of the existing
development.
Conditional Use Permit Findings
3. The proposed project is allowed within the applicable zoning district and complies with all
other applicable provisions of this Title (Title 17) and all other titles of the Municipal Code.
The proposed office, retail, restaurant, and lodging uses (proposed use) are consistent
with the Waterfront zoning district.
4. The proposed use is consistent with the General Plan and any applicable specific plan.
The project is in compliance with the General Plan and certified Local Coastal Program
as well as the Downtown Waterfront Master Plan (WMP) and will not be detrimental to the
health, safety, and general welfare of persons residing or working in the surrounding
neighborhood.
5. The proposed use will not be adverse to the public health, safety, or general welfare of the
community, nor detrimental to surrounding properties or improvements.
The proposed use benefits the occupant and will not be adverse to the public health,
safety, or general welfare of the community, nor detrimental to surrounding properties or
improvements.
6. The proposed use complies with any design or development standards applicable to the
zoning district or the use in question unless waived or modified pursuant to the provisions
of Title 17.
The proposed use complies with both the Zoning Code and WMP design and development
standards.
7. The design, location, size, and operating characteristics of the proposed activity are
compatible with the existing and reasonably foreseeable future land uses in the vicinity.
The proposed remodel of the building at 495 Embarcadero Road, and the addition of
seven (7) new hotel rooms and one (1) commercial retail space is compatible with the
surrounding waterfront businesses and reasonably foreseeable future land uses in the
vicinity.
8. The site is physically suitable for the type, density, and intensity of the use being proposed.
The site is currently used as an office space and vacation rental property and therefore is
physically suitable for the type, density, and intensity of the redevelopment being
proposed.
Waterfront Master Plan Findings
9. The proposed project makes a positive contribution to the visual and public accessibility
to the bay and rock while maintaining the existing commercial fishing industry:
a. Meets the Waterfront plan height limit and maximum building coverage, bulk, and
scale requirements in that the proposed project does not exceed the maximum
height allowed and interesting articulation breaks up the bulk and scale, and
complies with roof sloping requirements.
b. Preserves and enhances the views as seen from street ends;
c. Enhances views to the waterfront through and/or around the building; and,
d. Maintains a pedestrian character along the Embarcadero.
On the west side of the Embarcadero, in the case of granting heights greater than 17 feet,
the proposed project also provides significant public benefits, including (but not limited to):
new public restrooms; new floating dock, finger slips, and a kayak rental space; new
observation deck and seating benches; second floor observation deck; public tables and
chairs; new pocket park with bicycle racks and benches. The project also provides indirect
public benefits including increased City revenues to maintain and repair the Embarcadero
for the safe enjoyment by the public.
The proposed project is a response to the city's RFP to revitalize the southern terminus of
the Embarcadero and will make a positive contribution to the visual accessibility to the bay
and rock as identified above.
10. The proposed project provides the amenities identified in the Waterfront Master Plan,
facilitates pedestrian visual and physical access to the waterfront, and takes advantage of
outward views and characteristics of the topography.
The proposed project provides a new Harborwalk, public observation deck, benches and
tables, as well as public access to the floating docks. From these vantage points there are
many opportunities for visitors to experience the views of Morro Bay.
11. The proposed project makes a positive contribution to the working fishing village character
and quality of the Embarcadero and provides an interesting and varied frontage that will
enhance the pedestrian experience. The project gives its occupants and the public some
variety in materials and/or their application. The project contains the elements of harmony,
continuity, proportion, simplicity and balance and its appearance matches its function and
the uses proposed.
The architect for this project is a longtime member of the community and has designed
many of the buildings along the Embarcadero; this project will include a varied frontage
that is consistent with the existing streetscape and contribute positively to the working
fishing village character and quality of the area.
12. 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 to its immediate neighbours.
The architect for this project is a longtime member of the community and has designed
many of the buildings along the Embarcadero; this project will include a varied frontage
that is consistent with the existing streetscape and contribute positively to the working
fishing village character and quality of the area.
Architectural Consideration
13. The City Council finds that 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.
Design Review Finding
14. The City Council finds that the overall design of the project including its form, scale,
massing, site plan, exterior design, and landscaping will implement the General Plan
Vision for Community Character Areas for the particular area in which it is located as well
as complement the natural and built features of surrounding properties and incorporate
sustainable development features.
15. The project design is appropriate to the function of the project and will provide an attractive
and comfortable environment for occupants, visitors, and the general community.
16. Project details, materials, signage and landscaping, are internally consistent, fully
integrated with one another, and used in a manner that is visually consistent with the
proposed architectural design.
17. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is
consistent with the intended character of the area.
18. Hardscape areas are designed and developed to buffer surrounding land uses;
compliment pedestrian -oriented development; enhance the environmental quality of the
site, including minimizing stormwater run-off and the heat-island effect; and achieve a
safe, efficient, and harmonious development.
19. Lighting and lighting fixtures are designed to complement buildings, be of appropriate
scale, provide adequate light over walkways and parking areas to create a sense of
pedestrian safety, avoid creating glare, and conform to dark sky principles.
20. Landscaping is designed to be compatible with and enhance the vision for the Community
Character Area in which the development is located as well as the architectural character
and features of the buildings on site.
Section 2. Action, The City Council does hereby uphold the appeal filed on December 2, 20241
by Paul Gillen, the project applicant; reverses the Planning Commission denial of CUP24-04; and
hereby approves the Revised Project (January 2025) subject to the conditions of approval below:
STANDARD CONDITIONS:
1. Permit: Conditional Use Permit (CUP24-04) to allow development and redevelopment of
City lease sites 49 L 49 W, 50 L 50 W, 51 L 51 W and 52 L 52 W to include the renovation
of an existing office building, demolition of existing vacation rental buildings, construction
of a new two-story building with seven (7) hotel rooms, and construction of one (1) new
approximately 420 square -foot commercial retail building. A new water area will include
one (1) new floating dock, three (3) new finger slips, and one (1) finger dock space with a
low floating dock for a kayak rental business. A new Harborwalk connection is proposed
to connect pedestrians along the Embarcadero to Tidelands Park. The project zoning is
WF, and the property is located within the California Coastal Commission original
jurisdiction.
2. Revised Plans: Within 30 days (by February 28, 2025), the applicant shall submit revised
plans to the Community Development Department for review and approval showing the
following revision consistent with Condition #1: Elimination of the southernmost second -
story hotel room. Building permit plans and development shall be consistent with the
revised plans.
3. 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 Manager (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.
4. 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.
5. 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.
6. 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 applicants 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.
7. 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
entitlement will constitute a violation of the MBMC and is a misdemeanour.
8. 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.
9. Conditions of Approval: The Findings and
full-size sheet in the Building Plans.
BUILDING CONDITIONS:
Conditions of Approval shall be included as a
The codes in effect during this project review include the 2022 editions of the California Building
Code (CBC), California Green Building Code (CGBC), California Plumbing Code (CPC),
California Mechanical Code (CIVIC), California Electrical Code (CEC), and the California Energy
Code (CEnC). The CBC is based on the 2021 editions of the International Building Code which
was published by the International Code Council. The CPC & CIVIC are based on the 2021 editions
of the Uniform Plumbing & Mechanical Codes which were published by IAPMO. The CEC is based
on the 2020 edition of the National Electrical Code published by the National Fire Protection
Association (NFPA).
GENERAL:
10. All common use public areas must be provided with vertical accessibility, and an
accessible route from the public way to provided amenities.
PRIOR TO ISSUANCE OF A BUILDING PERMIT:
11. Building permit plans shall be submitted by a California licensed architect or engineer
when required by the Business and Professions Code, except when otherwise approved
by the Chief Building Official,
12. 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.
13. 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.
14. The owner shall comply with the City's Special Inspection Program. Special inspections
will be required by Section 1704 of the California Building Code and a Statement of Special
Inspections is required on the structural cover sheet. 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 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.
15. 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. Alternatively, submit a completed City of Morro Bay soils report
waiver request.
16. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo
County Air Pollution Control District,
17, BUILDING PERMITAPPLICATION, To apply for building permits, submit three (3) sets of
construction plans, fire sprinkler plans, if applicable, and supplemental documents to the
Building Division. Construction plans shall be consistent with Condition of Approval No. 1
above, as well as exhibits provided in Attachment 5 of the staff report prepared for the
January 28, 2025 City Council hearing.
18. The Title sheet of the plans shall include, but not limited to:
a. Street address, lot, block, tract and Assessor Parcel Number
b. Occupancy Classifications)
c. Construction Type
d. Maximum height of the building allowed and proposed
e. Floor area of the building(s)
f. Fire sprinklers, proposed or existing
g. Minimum building setback allowed and proposed
All construction will conform to the 2022 California Building Code (CBC), 2022 California
Residential Code (CRC), 2022 California Fire Code (IFC), 2022 California Mechanical
Code (CIVIC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code
(CEC), 2022 California Energy Code, 2022 California Green Building Code (CGBC), Title
14 and 17 of the Morro Bay Municipal Code.
(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.)
CONDITIONS TO BE MET DURING CONSTRUCTION:
19. Site Maintenance. During construction, the site shall be maintained so as to not infringe
on neighboring property, such as debris and dust. A storm water management plan shall
be maintained throughout the duration of the project. The storm water management
measures such as fiber rolls, silt fencing, etc, will be enforced by City staff by random site
visits.
20. 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 Official shall be notified so that
the extent and location of discovered materials may be recorded by a qualified
archaeologist, Native American, or paleontologist, 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.
21. Foundation Setback Verification: Prior to the placement of concrete and upon completed
form installation, a licensed surveyor is required to measure and record the distance from
the proposed foundation walls to the established lot lines. The contractor shall submit
these findings in letter format to the building inspector upon the request for a foundation
inspection. Letter shall specify the findings of front, sides and rear yard setbacks as
defined in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -
case basis for some lot types.
22. Building Height Verification: Prior to roof sheathing or shear all inspection, a licensed
surveyor is required to measure and record the height of the structure. The contractor shall
submit this finding in letter format to the building inspector upon the request for roof
sheathing/shear wall inspection. Letter shall specify the recorded height of structure as
defined in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -
case basis for some site -specific projects.
23. Existing Buildings: Where windows are required to provide emergency escape and rescue
openings, replacement windows shall comply with the maximum sill height requirements
of section R310.2.2 and the minimum opening area requirements of section R310.2.1 of
the 2022 California Residential Code,
CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF
CERTIFICATE OF OCCUPANCY:
24. 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. This permit card shall then be turned into the building division for
scheduling of the final building inspection.
25. Any as -built drawings that were required by the building inspector or plans examiner must
be submitted for approval prior to the request for final inspection.
26. If structural observations were required, the final structural observation report shall be
submitted to the building division prior to issuance of the certificate of occupancy or final
inspection approval.
27. If special inspections were required, the final special inspection report shall be submitted
to the building division prior to the issuance of the certificate of occupancy or final
inspection approval.
28. Final soils summary report from the geotechnical representative indicating compliance
with the required conditions set forth in the soils report.
29. Final T-24 energy reports (Certificates of Installation).
FIRE DEPARTMENT CONDITIONS:
30, Demolition Site Plan, General Notes. Provide the following notation: Fire Safety During
Construction and Demolition shall be in accordance with 2022 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.
31. 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.
32. Submit all plans and specification sheets for the required automatic fire sprinkler system
to the Fire Department for review and approval prior to installation. The sprinkler system
shall be in accordance with NFPA Standard 13. All Marine floating docks and gangway
construction shall be in accordance with Morro Bay Municipal Code, Chapter 14.52 and
2007 California Fire Code (Section 905), a Class III Standpipe System is Required for the
proposed Floating Dock,
33. Fire Alarms. Plans and specifications for the automatic fire sprinkler system and fire alarm
system shall be submitted to the Fire Department 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.
34. Hood System. The exhaust hood and duct systems of all commercial ranges, fryers,
broilers, and other cooking devices shall be protected by an automatic fire protection
system incorporating full surface protection and automatic fuel shut-off. There shall be a
remote activation device placed along the route of egress. If the building is equipped with
a fire alarm system, the activation of the hood and duct system shall initiate an alarm with
a separate zone.
35. 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.
36. 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 tool. Exception 2
may apply when fully sprinklered in accordance with NFPA 13.
37. 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)
38. 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).
39. 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)
40. Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided, at
least one 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 844ches 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 34ches high and shall
be placed inside on both sides of the hoist way door frame. (MBMC 14.08.090)
41. 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.
42. Key Boxes. Where access to or within a structure or an area is restricted because of
secured openings or where immediate access is necessary for lifesaving 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.
43. Means of egress illumination. The means of egress, including the exit discharge, shall
always be illuminated in the building space served by the means of egress is occupied
(CFC 1006.1. Applicant shall provide a schedule of illuminated exit signs and emergency
backup lighting locations and there is a readily visible sign adjacent to the doorway stating,
"This Door to Remain Unlocked during Business Hours",
44. Fire Protection for Wharves, docks, marinas, boat moorings. Firefighting appliances and
equipment shall be provided and maintained in an operable manner for all commercially
operated marinas and dock facilities, as specified by ordinances of the city, and all
installations shall be subject to the approval of the fire marshal of the fire department.
PUBLIC WORKS CONDITIONS:
The following Public Works conditions shall be satisfied prior to Building Plan submittal:
45. Stormwater Management: The City has adopted Low Impact Development (LID) and Post
Construction requirements. The requirements can be found in the Stormwater
management guidance manual on the City's website
https://www.morrobayca.gov/DocumentCenterNiew/ 11828/MB-Stormwater-
Management-MAIN-Manual. Submitted "Performance Requirement Determination
Form" identifies the Performance No, 1 Requirement for the project. (MBMC 14,48.140)
46. Lease Line Adjustment: A lease line adjustment is required to extend western lease line
due to the proposed lease boundary line adjustments Cl" requires payment of fees, a
legal description and lease exhibit created by a licensed surveyor, a City Council
Resolution approving the lease line adjustment, and a signed agreement recorded with
the County. (MBMC 8,14,020)
47. Right of Way: A Special Encroachment Permit Agreement or equivalent agreement is
required for structures and new design items within the city right way. (MBMC 86140020)
48. Frontage Improvements: The installation of frontage improvements is required. Show the
installation of a new City standard driveway approach per detail B-6, replacement of 8'
sidewalk per detail B-5, and replacement of curb and gutter per B-1. Show and label
minimum 18" asphalt cut and pave back at all portions of curb and gutter to be installed.
Add note that asphalt cut and pave back will be to need replaced at nearest clean edge
per Public Works inspector recommendations. (MBMC 14,44,020)
49. ADA: All existing nonconforming sidewalks must be replaced or repaired to comply with
current ADA slope requirements. Building plans submitted for approval shall meet all
accessibility requirements to both adjacent lease sites and public ways and match the grades
without requirement for handrails providing a smooth transition between lease sites.
50. Construction Details: Add construction details of proposed installations.
51. Debris Barrier: A Floating Debris Barrier shall be installed around the waterside perimeter
of the construction site and maintained throughout the duration of the project. Note the
beginning and end termini of the Floating Debris Barrier on Construction Plans. Silt
screens and/ or straw waddles may be needed to prevent demolition/repair debris and
sediments from entering the bay in the area of the piling repairs. The location of screens
and waddles in this area should also be noted on the plans.
52. Sewer Lateral: Indicate and label if private sewer lateral pipe will be replaced or to remain
in place. If the existing sewer lateral is proposed to remain in place, then perform a video
inspection of the lateral (from the clean -out at structure to the connection at the sewer
mainline pipe) and submit to Public Works via flash drive, prior to building permit plan
approval. Requirements for the sewer video inspection can be located on the City's
website at the following location: https://www.morro-
bay.ca.us/DocumentCenterNiew/13500/Private-Sewer-Line-Video-Requirements/.
Lateral shall be upgraded, repaired or replaced as required to prohibit inflow/infiltration.
All repairs or replacements identified from sewer video, shall be noted on approved set of
plans, prior to plan approval. (MBMC 14.07.030)
53. Water Meter: Indicate on plans location and sizes of both water meter and water lateral.
Coordinate sizes with Fire Sprinkler plans. Separate residential, commercial or industrial
occupancies, if situated on the same premises and not under a common roof, shall have
separate service connections and meters. (MBMC 13.04,140 & 14.04.010.C)
54. Water Backflow Prevention Device: Verify and label all new or existing water backflow
preventers. Water backflow preventer 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 required to be an approved domestic
water backflow prevention device. (MBMC 13.08.040)
55. County Cross -Connection Inspection: Add note to plan that contractor is required to
contact the County Cross -Connection Control Program to confirm prevention device
location and completed test form. The contractor must provide the city a copy of the rest
results. (MBMC 13,08.040)
56. Grading and Drainage: Indicate on plans the existing and updated contours, drainage
patterns, spot elevations, finish floor elevation, roof downspouts, and all existing and
proposed drainage pipes and structures. All runoff must be directed onto vegetated areas.
(CBC 107,241 /CRC R106.1 a 1)
57. 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 utility maps.
58. Underground Utilities: Per MBMC 17.48.050, All utility service lines to all new
development, except single-family residences, on vacant lands (including the demolition
and replacement of individual structures), and to major redevelopment projects, shall be
undergrounded.
59. Easements: Identify and label all easements. Provide preliminary title report to verify all
easements and property boundaries.
60. 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. Guidelines for
the control plan may be found on the City's website at the following location:
https://www.morrobayca.gov/ documentcenter/view/462/
61. 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.
62. Inspections: Add note that erosion &sediment control inspections to be performed by the
Public Works Department Inspector Matt Bishop at (805)772-6232.
63. Flood Zone Requirements: A Flood Hazard Development Permit is required. The City's
Flood Hazard Prevention Ordinance 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. Verify that all mechanical and electrical machinery and controls (heating, A/C, etc.)
is above BFE or flood proofed.
64. Add the following Notes to the Plans:
a. 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.
b. It is the responsibility of the designer and contractor to verify all utility locations and
connections for the project.
c. No work shall occur within (or use of) the City's Right of Way without an
encroachment permit. Encroachment permit application and requirements are
available on the City's website at the following location: https://www.morro-
bay.ca. us/197/Public-Works/.
• A standard encroachment permit shall be required for the proposed
driveway; the driveway shall comply with 13-9 (Driveway Ramps: Size &
Location).
• 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.
• A water encroachment permit and water meter application shall be
required for new water meter installations within the City right-of-way.
• If a construction dumpster is used, the dumpster location shall be on private
property, unless allowed by a temporary encroachment permit within the
City right-of-way.
PLANNING CONDITIONS.
65. Permit Required: A Coastal Development Permit shall be submitted to the Community
Development Department prior to the issuance of a building permit.
66. Bayside Lateral Public Accessway (Harborwalk): The bayside lateral access, also known
as the Harborwalk, shall maintain a minimum 10400t-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 10400t lateral
access shall be prohibited.
67. Public Observation Viewing Deck: The second -floor public observation viewing deck is a
public benefit and shall be made open and available to the public during daylight hours.
68. Floating Dock: 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 dock shall be open to the general public during at least daylight hours (i.e. one hour
before sunrise to one hour after sunset).
69. Lower Cost Visitor -Serving Accommodations: Twenty-five percent of hotel rooms shall be
set at rates equal to the City's area low-cost threshold pursuant to LUP Policy LU-6.5 or
as otherwise approved consistent with the Coastal Development Permit. The low-cost
threshold would be established based on the City's Lower Cost Visitor Serving
Accommodations Technical Memorandum, or Smith Travel Research data or not to
exceed 75 percent of the prior year's statewide average daily rate.
70. Eelgrass Survey Required: Applicant shall be subject to the California Eelgrass Mitigation
Policy (CEMP) which requires that a pre -construction survey shall be completed within 30
to 60 days prior to issuance of a building permit. A post -construction survey shall be
completed within 30 days of construction completion or as otherwise determined by the
National Marine Fisheries Service (NMFS) to determine amount of impact if any and
CEMP-required annual reporting and mitigations. Any eelgrass habitat shall be
documented and reported to the Community Development Director. If the report identifies
a reduction in eelgrass coverage, 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 or
successor guiding document.
71. Pile Driving Activities: A Marine Wildlife Contingency Plan shall be developed and
approved by the City of Morro Bay prior to the initiation of pile driving activities. This plan
shall describe specific methods that will be used to reduce pile -driving noise. Power to the
pile driver shall be ramped up to allow marine wildlife to detect a lower sound level and
depart the area before full -power noise levels are produced. The plan shall identify a
USFWS-approved biologist to monitor all construction within the water -lease area who
shall be retained by the applicant. The plan shall describe on -site marine wildlife
monitoring and reporting requirements as well as identify specific conditions when the
biological monitor shall be allowed to stop work, such as observance of a marine mammal
within 100 feet of the project area. The biologist shall be responsible to monitor for
compliance with all environmental mitigation measures, and regulatory permit conditions
(as applicable). The approved biological monitor shall be present onsite during
construction and shall have the authority to stop construction if any individuals of southern
sea otter are seen within 100 feet of the project area. Construction will be allowed to
resume after sighted otters have left the 100400t radius of the project area. The species
shall not be disturbed or forced from the project site by equipment, noise, or other
disruptive activity. The monitor will have discretionary authority to temporarily halt the
project if it is determined that the otter, or other marine mammal, could be affected by the
project, even if the animal is beyond the 100-foot boundary. All construction crew
employees shall be informed on the requirements of this condition.
72. Oil Spill Response and Recovery Plan: Aproject-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.
73. Pile Driving Plan Required: Prior to issuance of a building permit, a pile driving plan and
hydro acoustical noise mitigation plan shall be submitted to the Community Development
Director to ensure that underwater noise generated by pile driving activities is minimized
to the maximum extent feasible and does not exceed: (1) an accumulated 187 dB SEL as
measured 5 meters from the source; and (2) peak dB above 208 dB as measured 10
meters from the source as determined by the Fisheries Hydroacoustic Working Group. In
the instance anything other than a vibratory hammer is to be used for pile driving activities,
the plan shall provide for a hydro -acoustical monitor to ensure that underwater noise
generated by pile driving activities does not exceed such limits. The plan shall identify the
type of method used to install pilings. Vibratory hammers shall be used where feasible; if
another method is used, a bubble curtain shall be employed to contain both noise and
sediment. The plan shall also provide for additional acoustical BMPs to be applied if
monitoring shows underwater noise above such limits (including, but not limited to,
alternative pile driving methods (press -in pile placement, drilling, dewatered isolation
casings, etc.) and additional noise dampening measures (sound shielding and other noise
attenuation devices).
74. Netting or Fencing: Netting or fencing around and underneath the project site shall be
installed to catch and remove debris released during and after construction.
75. Turbidity -Associated Impact Mitigation: 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.
76. Construction Hours: Pursuant to MBMC subsection 9.28.030.1, 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.
77. 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.
78. Architecture: Building colors and materials shall be as shown on plans approved by the
Planning Commission and specifically called out on the plans submitted for a Building Permit
to the satisfaction of the Community Development Director.
79. 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.
80. 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.
I.
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.
82. 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.
83. Exterior Lighting and Illumination Plan: Exterior lighting and illumination shall comply with
MBMC Section 17.14.090.6. A lighting plan including safety corridor lighting shall be identified
on plans to be included with the building permit submittal. All lights shall be directed, oriented,
and shielded to prevent light trespass or glare onto adjacent properties. The light level at
property lines shall not exceed 0.3 foot-candles. Building plans submitted for approval shall be
lighting that uses cut-off, shielded, or downward fixtures (i.e., the bulb is not directly visible) and
is between 2600 and 3500 Kelvin and has a CRI of 85 or greater.
84. Reconstruction of Existing Cottage at 451 Embarcadero: The proposed commercial retail
building at lease site 49L shall be a reconstruction of the existing vacation rental at 451
Embarcadero Road. The reconstructed building will re-create the appearance of the non -
surviving property in materials, design, color, and texture. To the greatest extent feasible, this
structure shall be constructed using salvaged materials from the existing cottage and would
incorporate character -defining architectural features (e.g., ship port windows, etc.) of the
existing cottage. When it's not feasible to use salvaged materials for building or fire code
purposes, the Applicant shall use the most similar code -compliant materials.
85. Replicative Reconstruction Plan: At the time of application for a Building Permit, the applicant
shall submit and construction plans shall be consistent with a "Replicative Reconstruction Plan"
that includes, at a minimum, the following:
a. A description (including photos) of the character defining features, elements, and
building materials (e.g., ship port windows, siding, etc.) of the existing vacation rental
cottage at 451 Embarcadero and how they will be salvaged and/or repurposed in the
construction of the new commercial building on lease site 49L.
b. When it is not possible to salvage or repurpose an existing character defining
architectural feature, element, or building material, the plan shall identify the most
similar duplicate materials. When appropriate, this may include incorporating
distressed or reclaimed building materials to mimic the original aesthetic of the existing
vacation rental cottage.
c. Reconstruction shall include measures to preserve any remaining significant materials,
features, and spatial relationships.
d. The reconstruction plan shall be based on the accurate duplication of historic features
Cl"d elements substantiated by documentary or physical evidence.
e. A reconstruction shall be clearly identified as a contemporary re-creation.
f. Reconstruction shall include measures to preserve any remaining significant materials,
featuresI and spatial relationships.
86. Landscape and Irrigation Plan: A Landscape and Irrigation Plan consistent with MBMC Section
17.14.090.0 shall be included with the building permit submittal.
87. Pocket Park Completion: The pocket park shall be completed and open to the public prior to
the issuance of the first certificate of occupancy. A plaque and/or informational stand in memory
of Reg Whibley shall be included within the boundaries of the pocket park.
88. Historical Interpretive Signs: Historical interpretive sign copy shall be reviewed and
approved by the Community Development Director prior to issuance of the first certificate
of occupancy.
89. Landscape and Irrigation Completion: Landscaping shall be fully installed and appropriately
irrigated prior to the issuance of the first certificate of occupancy and must be maintained in a
thriving condition at all times.
90. Trash Receptacles: A minimum of five trash cans with self -closing lids or other bird deterrent
as approved by the Community Development Director shall be identified on plans to be
included with the building permit submittal. It is the responsibility of the building tenant(s) to
establish trash pickup accounts and services.
91. Pocket Park and Observation PierAmenities -Tables, Chairs and Benches: A minimum of four
(4) public tables and 16 chairs, as well as five (5) public benches and one (1) marine sculpture
shall be available for general public use and shall be located in the general public plaza as
indicated on the approved plans. One (1) bicycle rack with a minimum capacity of holding eight
(8) bicycles shall be installed within the pocket park and placed so as not to impede public
pedestrian flow. The location and brand of bicycle rack shall be included with the building permit
submittal. The bicycle racks shall be consistent with other city facilities or as otherwise
approved by the Community Development Director. It is the responsibility of the developer or
his designee to ensure that theft or damage of these items are replaced within 14 days to the
satisfaction of the Community Development Director.
92. Signaqe -General: Any new signage will require a master sign program and/or sign permit from
the Community Development Director. Signs must be permitted and installed prior to each
tenant receiving a certificate of occupancy.
93. Signaqe: PublicAccess: signage shall be added to the entrance of the public observation deck,
dock, restrooms, and at street level announcing public access. The form and design of public
access signage shall be consistent with the approved public coastal access signs as approved
by the California Coastal Commission. Final public access signs shall be included and shown
on the building permit plans and shall denote all signage locations.
94. PublicAccess Safety Plan: At the time of application for a building permit, the Applicant shall
submit a public access safety plan for the commercial wharf area. The public access safety
plan shall identify measures to maximize public accessibility of the commercial wharf and
adjacent harbor walk, consistent with LCP coastal access requirements and applicable safety
regulations. This will include painting a loading area in a visible location and only allowing for
temporary closures for the minimum time necessary for safety reasons.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on this 28th day of January 2025, on the following vote:
AYES: Wixom, Eckles,
NOES: None
ATTEST �,
WANA SWANSON, City Clerk
EdwardsLandrumLuffee
CA LA WIXOM, Mayor