HomeMy WebLinkAboutReso 23-17 Approve Roses Landing CUP UP0-359s �!
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E EAS, notices o the public Bari s ere made at the time and in the anner
required la ;
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the City Co ncil o the City o orro s
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City Council Resolution ;;23,AAAAA17
a .Amendment to Concept -359
725 Earca er®
Page 2
leen reduced to a level less than significant.
an additional 139sfencroachment of unvegetated eelgrass habitat_
signit N icant impacts, because it avoids vegetated habitat and also because the acces
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will be required to comply with eelgrass habitat requirements, pursuant to the Californi
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(NMFS),
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welfare of the persons residing or working in the neighborhood in that the conversion of
the existing second floor restaurant use to al 10 unit boutigue hotel use alonq with
mprovements
• public access and new • ! •40 1
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" •aa•' uses within
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y, dock, seven (7) boat slips at 725
• district and said structures comply
ations and is consistent with the City's
access and floating dock and new slips will provide a visitoriiiesserving recreationa
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ornmercial use and is consistent with the character of the existing developTment. I
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istrict and the parking requirement for hotel use Is not on
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Meets the Waterfront plan height limit and maximum building coverage, bulk, and
All The proposelt e
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City Council Resolution *23-wl 7
a.Amendment to Concept UPM59
725 Earca ero
Page
iews. It preserves and enhances the views as seen from street -ends and around
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maintaining commercial visltor�serving retail on the ground floor and limiting hotel
uses to second floor occupancy and also in that the project will provide improved
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lateral public access to the water and docks while assisting in the Harborwalk plan to
ontinue public access along the waterfront as well as create a second floor public
view deck open to the public is c• - - character of •
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Nor
•aiance, ano iis appearance tricuon . ! ine tses pro lo • in inat
new docks and public lateral- be a • to the public and also in that
the second floor hotel use, related fagade improvements, and public view deck
provides articulation that is consistent with the character of the existing development.
and provides a visual and pedestrian transition to its immediate neighbor in that the
bayside lateral access is existing and will be enhanced by opening up the northerly
entrance to make the lateral access more Inviting to pedestrians. and conversion of
second floor use to hotel use along with new construction of dock and slips is in
keeping with the architectural style, massing, materials, scale, and use of its
surroundings.
The Citv Council finds the a
racter
of • • •... waterfront
area, compatible with the A aa. •.. a
Ian design theme adopted by the City, and are not detrimental to the orderly and
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armoniousdevelopment;of the City or #the
desirability
s ♦f of investment of occupation
he
area.
City Councilesluti® 2-7
a.Amendment to Concept UPM59
725 Earca erc
Page
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.etermining lower cost, moderate cost andl N
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h cost hotel accommodations, that 64% aT
• a . • a • • • � • ! �' I # • •otel rooms in the City met the definition of lower�cost for August 2016 thereby meetinghe requirement of LCP Policy 2.07. In addition, the average daily rate for the State ofalifornia was determined by Smith Travel Research (STR) to be $171.48 for July 2016ind $169.74 for August 2016 where the City Average Daily Rate was $141.71 for July016 and $120.46 for August 2016 calculated by dividing total monthly receipts byumber of rooms using data maintained by the City ) s Tourism office.
'oncept Conditional Use Permit #UPO�359 subject to the following
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Communitythe project at 725 Embarcadero depicted on plans dated April 4, 2017, on file with the
' •• ' •. ' as modified by -conditionsof 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
approved plans submitted for Major Amendment (#AOO�041) to UPO�359, unless
otherwise speCITieci herein.
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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
"CDM") upon f 0 a I
Community Development Manager (the inding the project complies Wth all
applicable provisions of - - and certified Local CoastalProgram
Land Use Plan (LCP) in effect II
t the time of the extension request.JIM AM
to 11
determined, by the CDM, not to be minor shall require the filing of an application for a
permit amendment subject to Planning Commission review.
ompliance with the Law. (a) All re uirements of, any law, ordinance or regulation of
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.
Hold Harmless: The applicant, as a condition of approval, hereby agrees to defenc
City council Resolution ;P23-17
a.Amendment to Concept -359
725 E arca e ro
Page 5
UF TV0111drij udill.. • •. . . ..•. . - •
pplicant's project; or applicants failure to comply with conditions of approval. Applicant
nderstands and acknowledges the City is under no obligation to defend any legal
ctions challenging the City's actions with respect to the project. This condition and
greement shall be binding on all successors and assigns.
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 CDM or as authorized by
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a, Planning • • • City Council. Failure • • • with . • these conditions
shall render this entitlement, at the discretion of the CDM, null and void. Continuation of
the use without a valid entitlement will constitute a violation of the MBMC and is a
misdemeanor.
as � �•• �• �.
requirements • the MBMC,• shall •- consistent
contained in the LCP and General Plan of the City.
point on the pier or float- exceeds 150 feet fr• •# •- hose connection.
3604.2,905, and MBMC 14.52.060).
a. Applicant shall submit plans for a Class 1 Standpipe System, for protection of the
and NFPA 303, to Moro Bay Community Development Department for review.
accordanceextinguishers, suitable for the hazards involved, shall be provided and maintained in
a. Applicant shall provide one (2A�l OBC) fire extinguisher and cabinet on the floating
,truction and operations of marinas, boatyards, yacht clubs, boat condominiums, docking
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City Council esol do 23-7
aj. Amendment to Concept -359
725 Embarcadero
Page
systems, a. • I systems, fire standpipe systems, If - • • systems, private servic
mains and all other fire protection systems and appurtenances thereto shall be subject It
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• a tests contained ainstallation. •. f . • as approved bythe fire••
augmentedofficial. The fire code official shall be notified before reauired accer)tance testina. (CF]
ism
required fire detection, alarm and suppression systems have been tested and approved.
(CFC 9012521)a
installation standards for that system. Required systems shall be extended, altered o
altered, remodeled or added to. Alterations to fire protection systems shall be done i
accordance with applicable standards. (CFC 901.4).
go W 0 all
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Water CrossConnections.
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pavement cuts a traffic control plan indicating appropriate signing, marking, barricades
and flaggers must be submitted with the Encroachment Permit application.
4. 110 work shall occur within (or use of
concurrently
lie
epartment located at 955 Shasta Ave. The Encroachment permit shall be issu
with
r. building permit.
City Council Resolution ;F23-1 7
a .Amendment to Concept -359
725 Embarcadero
Page 7
lice s lI e ues 1H VVI i t a itY V a J UO t e le se li es s FJHis le e
appropriate time.
and the Community Development Manager prior to issuance of a building permit.
Applicant shall retain responsibility for maintenance and legal responsibility if the bridge
is made of wood or other highly perishable material.
Department prior to issuance of ! building permit.
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imposed 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.
Nest side ot building ff •- coastal access v itn !•unobstructed access in order to maximize public use and enjoyment. Any uses that
obstruct the accessway such as private uses or barriers such as furniture, planters,
ropes, or restaurant seating and specifically table seating within the 8 foot coastal
accessway shall be prohibited.
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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).
Signs announcing public coastal access shall be placed at both north and south entry
points to the semiiiiiiiiienclosed public access way or as consistent with a Public Access
Management Plan as approved by the California Coastal Commission.
IS a
Shading of eelgrass iiiiiiiiiiiiiiim No part of an y floating dock, boat structure or other portion thereof
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site plan. Nothing shall be allowed to dock, for any length of time, above any existing
eelgrass bed. Translucent grating shall be used to the greatest extent feasible on the
floating dock area over the unvegetated 5 meter eelgrass buffer, or as otherwise
required ! theCalifornia - • r Mitigation
City Council Resolution ;;26-17
a .Amendment to Concept UPM59
725 Embarcadero
Page
MIJUIlly
2esign of signage shall be consistent with the approved public coastal access signs as
Htj i signage locations.
foot wide- access to provide public access from .•- • R.• west to
purchase the
bay. Any existing public tables and benches which impinge on the 10 foot requirement
shall be moved to allow for open pedestrian access. Any existing outdoor dining tables
on the lease site shall have table signs permanently affixed informing the public that no
is required.
with no furniture item, table um-brellas, landscaping, hostess stands, or other objects to
exceed 30 inches in height per the Waterfront Master Plan.
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of building.
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sign, location of signs and method of attachment.
7.Plans shall be revised to the greatest extent feasible, to ensure lateral access at the
o unperitte outdoor display o erc a ize shall be allowed i y landscaped
area.
City Council • •
Amendment • e•t UPO�359
725 Embarcadero
Page 9
lateral access way up to the plaza area on the south side of the building.
additional stormwater management and educational components to improve .
runoffte
•the• •ect beyond those impacts'! to i ust the constructionphase of
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floor public observation deck.
with a cover and doors in order to be screened and covered from the public view and
maintain the view corridor • the satisfaction of - Community Development Director.
The redesign shall be included for•• • - Plan submittal.
City Council conditions added 5/23/2017:
4. The applicant shall enter into a lease agreement with the City for use of ten City owned
parking spaces in the City lot across the street from Rose's Landing. Said lease
agreement shall reserve the ten parking spaces as in interim solution, from 3pm to 11 am
daily, for hotel guests only. In addition, 1 permanent and signed passenger
loading/unloading parking zone space shall be provided in the public right of way
immediately in front of the Rose's Landing main entrance.
5. Applicant shall retain the 10 foot accessway on the south side of the building in a
manner that retains the circular fountain planter in the center of the plaza. Applicant is
allowed to remove one permanent landscape concrete planter on the south side, to be
replaced with potted plants, in a manner, location, and number to be submitted to the
Community Development Director for review and approval. The public access pathway
shall be maintained free and clear, except where the round concrete fountain/planter
encroaches into the 10400t public access path. As recommended by Planning
Commission, public benches shall number no more than 4 in the plaza and table seating
shall be limited to no more than 3.
6. No vessel mooring or boat slip tie-up shall be allowed within protected eelgrass habitat
area west of the immediately west of the Bayside lateral access walkway and east of the
floating docks.
7. Applicant shall agree to participate in a future parking fund or parking district as
developed by the City. Item to be included into the Rose's landing lease.
City Council R' •
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Amendment •Concept !' •
725 b. .•e.•
P•- 10
PASSED AND AD®PTED by the City Council of the City of Morr
thereof held on this 23rd day of May, 2017 on the following vote:
AYES: Irons,
NOES: None
ABSENT: None
ABSTAIN: None
NA SWANSON, City Clerk
JANE L. IRONS, Ma�ior