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HomeMy WebLinkAboutReso 14-18 House of JujuRESOLUTION NO. 14-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING CONCEPT PLAN APPROVAL OF CONDITIONAL USE PERMIT (UPO= 446) FOR COMMERCIAL RESTAURANT REMODEL, IMPROVEMENTS TO PUBLIC ACCESS, AND REPAIR OF 5 EXISTING PILINGS AND BATTER WALL AT 945 CRAM ARCADEROALSO KNOWN AS HOUSE OF JUJU , 945 EMBARCADERO (CITY LEASE SITE 96 AND 96W). 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 September 5, 2017, for the purpose of considering a Concept Plan approval of Conditional Use Permit #UP0446 ("the Project"); and WHEREAS, the City's City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on October 10, 2017, pursuant to the Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for the purpose of considering the Project for 945 Embarcadero, also known as the House of Juju, in an area within the original jurisdiction of the California Coastal Commission; and WHEREAS, the City's City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on March 27, 2018, pursuant to the Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for the purpose of considering the Project for 945 Embarcadero (City lease site 96 and 96W), also known as the House of Juju, in an area within the original jurisdiction of the California Coastal Commission; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission 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. UP0446 is categorically exempt under Class 1d, Section 15301 where under existing facilities restoration or rehabilitation of deteriorated or damaged structures to meet current standards of public health and safety are allowed which the repair and rehabilitation of the 5 pilings and non-structural repairs to the gunny sack batter wall would qualify for an exemption. In addition, Section 15301, Class 1d which also under existing facilities allows for additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet and the area in which the project is located is not environmentally sensitive based on the eelgrass planning survey submitted by Tenera Environmental dated November 24, 2015 and implementation of best management practices as conditioned by Planning conditions 7-11. 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 commercial remodel, public access improvements, and piling and wharf repairs, and non-structural repairs to gunny sack batter wall at 945 Embarcadero are permitted uses within the zoning district; the waiver of parking in lieu fees for four parking spaces triggered by the restaurant remodel per Council resolution 54-16; and said commercial 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 neighborhood and the general welfare of the City in that the proposed commercial remodel, public access improvements, and piling repairs and batter wall repairs will provide a visitor -serving opportunity which will provide additional benefit and improvements to an existing 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: 1. Meets the Waterfront plan height limit and maximum building coverage, bulk, and scale requirements in that the proposed project does not exceed development standards. 2. The proposed project provides the amenities identified in the WF Plan, facilitates pedestrian visual and physical access to the waterfront, and takes advantage of outward views and characteristics of the topography in that the bayside lateral access is improved to allow for easier pedestrian access, enjoyment and better bay views. It preserves and enhances the views as seen around the building. 3. The project does not worsen or block more views, it does not block view corridors or intrude into pedestrian access areas. It takes advantage of outward views and characteristics of the topography in that the project proposes outdoor public seating on the bayside in addition to providing a minimum of 10 foot bayside lateral access. 4. The proposed project makes a positive contribution to the working fishing village character and quality of the Embarcadero area in that the new project will add to the amenities of the existing adjacent Anchor Park, will add an outdoor seating option which will maintain and enhance views of the bay. 5. The proposed project maintains the pedestrian orientation of the Embarcadero by maintaining existing commercial visitor -serving that does not increase height or create view impacts from the 71sf commercial addition and also in that the project will provide improved lateral public access to the water docks while assisting in the Harborwalk plan to continue public access along the waterfront that is consistent with the character of the existing development. 6. The project gives its occupants and the public some variety in materials and/or application in that the project, including the improved angled harborwalk leading from Anchor Park to the project lease site, and also retains building character. 7. 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 new public lateral access and outdoor seating counter will be accessible to the public and provides articulation that is consistent with the character of the existing development. 8. 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 neighbor in that the bayside lateral access is existing and will be enhanced by opening up the northwesterly entrance to make the lateral access more inviting to pedestrians. And is in keeping with the architectural style, massing, materials, scale, and use of its surroundings. Architectural Consideration A. As required by Ordinance Section 17.48.200 the Planning Commission 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. Section 2. Action. The City Council does hereby approve Concept Conditional Use Permit #UPO-446 subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the land described in the staff report dated March 14 2018, for the project at 945 Embarcadero depicted on plans dated February 45 2018, 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 UP0446, unless otherwise specified herein. 2. Inaugurate Within Two Years: Unless the construction or operation of the structure, facility, or use is commenced not later than two (2) years after the effective date of this Resolution and is diligently pursued, thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, the applicant may request up to two extensions for not more than one (1) additional year each. Any extension may be granted by the City's Community Development Director , 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 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. 6. Compliance with Conons: 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 misdemeanor. 7. Compliance with Morro Bay Standards: This project shall meet all applicable requirements under the MBMC, and shall be consistent with all programs and policies contained in the LCP and General Plan of the City. 8. Conditions of Approval: The Findings and Conditions of Approval shall be included as a full-size sheet in the Building Plans. Building Conditions: 1. Prior to construction, the applicant shall submit a complete building permit application and obtain the required building permit. Fire Department Conditions: 1. Fire Sprinkler Coverage.. Sprinkler coverage shall be extended to include the following areas, in accordance with Morro Bay Municipal Code, Sections 140082090 (L) (2), 14,08,090 (N), 14.52.060, CFC 3604, NFPA 13 and NFPA 303: a. Applicant shall. .provide sprinkler coverage beneath the existing public access deck. b. Applicant shall extend sprinkler coverage for protection of proposed new dining area, new bar area, and new trash enclosure. c. Applicant shall submit plans for required automatic fire sprinkler system protection to Morro Bay Community Development Department for review. Public Works Conditions: The following Public Works conditions shall be satisfied with the Building Plan submittal: 1. Sewer Lateral: 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 if 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. If a new lateral is being proposed and old lateral exists, include a note on the plans to cap and abandon existing sewer lateral. 2. Sewer Backwater Valve: 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). Indicate and label on plan 3. Erosion and Sediment Control Plan: Provide a standard erosion and sediment control plan per MBMC Chapter 14.48. 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. 4. Encroachment Permits: A sewer encroachment permit shall be required for the installation of the sewer lateral. When utility connections require pavement cuts a traffic control plan indicating appropriate signing, marking, barricades and flaggers must be submitted with the Encroachment Permit application. 5. Water Backflow Prevention Device: Verify and label all new or existing water backflow preventers0 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. Add the following Items/Notes to the Plans: 6. 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. 7. No work shall occur within (or use of) the City's Right of Way without an encroachment permit. Encroachment permits are available at the City of Morro Bay Public Works Office located at 955 Shasta Ave. The Encroachment permit shall be issued concurrently with the building permit. Planning Conditions: 1. A Coastal Development Permit shall be submitted to the Community Development Department prior to issuance of a building permit. 2. Inspection: The applicant shall comply with all City conditions of approval and conditions 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. 3. Landscaping: A landscaping plan shall be submitted for review and approval with the Precise Plan submittal. 4. Public Access Closure:. 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. 5. 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 Quality Control Board, California Department of Fish and Wildlife), or submit documentation that such permits are not required. 6. Eelgrass —Applicant .shall be subject to the California Eelgrass Mitigation. Policy (CEMP) which requires that a pre -construction survey shall be completed within 30-60 days prior to issuance of a building permit. Post. construction survey 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 7. 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 100-foot 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. 8. 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. 9. Prior to issuance of a building permit, a pile driving plan and hydroacoustical 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). 10. Netting or fencing around and underneath the project site shall be installed to catch and remove debris released during and after construction. 11.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. 12. The proposed restaurant remodel established a requirement of 13 parking spaces with 9 spaces provided as historic credit. Pursuant to the provisions of City Council resolution 54-16 dated June 28, 2016, the amount of the remaining four required parking spaces shall be calculated as free for the first four parking spaces. If Council parking in -lieu resolution has expired as of building permit approval, then parking in -lieu fees shall be calculated according to fees in place as of the time of City Council Concept Conditional Use Permit approval. Said parking in -lieu fee shall be paid prior to issuance of a building permit. Planning Commission conditions: 13. The Harborwalk decking shall be raised to match elevation and provide a smooth transition to the lease site to the south without need for a ramp or additional transition material. 14.Applicant shall obtain an encroachment permit for off -site improvements, including landscaping, installed in the adjacent Anchor Park or as otherwise determined applicable by the Public Works Director, City Council conditions: 15.Outdoor trash containers shall be designed to prevent wildlife from removing trash and shall be regularly maintained and emptied. This design shall be included on plans submitted with the Precise Plan CUP. Trash can shall be located to the south of the public counter seating area and near the building and shall not encroach into the required 10400t public bayside lateral access. 16. Public coastal access signs shall be designed to include Morro Bay Harborwalk instead of identifying business name. Revised sign plan shall be included with the Precise Plan CUP. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 27t" day of March, 2018, on the following vote: AYES: Irons, Davis, Headding, Makowetski, McPherson NOES: None ABSENT: None ABSTAIN: None