HomeMy WebLinkAboutReso 82-18 TLC Concept approval 833 EmbarcaderoRESOLUTION NO. 82-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONCEPT PLAN APPROVAL OF CONDITIONAL USE PERMIT (UPO-509) FOR
DEMOLITION AND RECONSTRUCTION OF A TWO-STORY BUILDING WITH 8 UNIT
BOUTIQUE HOTEL, RESTAURANT, RETAIL, PUBLIC ACCESS IMPROVEMENTS,
INCLUDING CHILDREN'S COURTYARD PLAY AREA AND RECONSTRUCTION OF NEW
SIDE -TIE DOCK SYSTEM AND GANGWAY, PILING REMOVAL/REPAIR,
AT 833 EMBARCADERO, HARBORWALK PLAZA
(CITY LEASE SITE 87188 AND 87W/88W).
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 August 21,
2018, for the purpose of considering a Concept Plan approval of Conditional Use Permit #UPO-
509 ("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 9, 2018, pursuant .to the
Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for
the purpose of considering the Project for 833 Embarcadero, also known as the Harborwalk
Plaza, in an area within the original jurisdiction of the California Coastal Commission; 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 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. For purposes of the California Environmental Quality Act, Case No. UPO-509 is categorically
exempt under Section 15302, Class 2b where under replacement of reconstruction of
commercial structure with a new structure of substantially the same, size, purpose, and
capacity is allowed for which the proposed Harborwalk Plaza project would quality for an
exemption. In addition, an eelgrass survey was performed on October 17, 2014 which
found no eelgrass growing in the proposed waterfront project area. The Project will be
subject to marine mammal monitoring during construction. with implementation of best
management practices (BMPs) as conditioned by Planning conditions 12-17. 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 demolition/reconstruction of
mixed use two story building of 8 hotel units and ground floor retail, and restaurant uses with
reconstructed dock system at 833 Embarcadero are permitted uses within the zoning district
and said structures comply with all applicable project conditions and City regulations and is
consistent with the City's Local Coastal Program. In addition, as shown on the Project's
plans
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 hotel use, new
restaurant, retail, and children's outdoor play area along with reconstructed side -tie dock
and gangway will provide a visitor -serving recreational opportunity which will provide
additional benefit and improvement to a visitor -serving commercial use and is consistent
with the character of the existing development.
Waterfront Master Plan Findings
A. The 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 Project does not exceed the maximum height allowed
and interesting articulation breaks up the bulk and scale.
2. In the case of granting height greater than 17 feet, the Project also provides
significant public benefit pursuant to the Planned Development Overlay zone
requirements in that the Project is creating an expanded and upgraded children's
play area, adds three public restrooms on both sides of the building, public seating,
ecological exhibits, energy feature exhibits and viewfinder/telescope along the 10
foot Harborwalk with outdoor public seating adjacent to the harborwalk.
3. The 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 courtyard is improved to allow for
easier pedestrian access, enjoyment and better bay views through the removal of the
rear dining patio. It preserves and enhances the views as seen from street -ends and
around the building.
4. The 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 pedestrian
orientation while maintaining the side tie dock and also with the removal of the rear
dining patio which will maintain and enhance views of the bay as well as better views
of docked boats.
5. The Project recognizes the pedestrian orientation of the Embarcadero and provides
an interesting and varied design that will enhance the pedestrian experience in that
the new building will open up to the passing pedestrian through creation of 10 foot
bayside lateral access where none currently exists and removal of the rear dining
patio for better bay views through the view corridor.
6. The Project gives its occupants and the public some variety in materials and/or
application in that the building will consist of brown cement siding and shingles, gray
metal roofing, glass railings at the hotel unit balconies, and rooftop garden boxes.
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 structure will provide more horizontal and vertical articulation, with an enhanced
courtyard with new children's play area, removal of outdoor dining area which will
increase bay views, and creation of 10 foot wide bayside lateral access also known
as the Harborwalk all of which provides articulation that is consistent with the
character of the existing development.
8. The 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
existing and new construction 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-509 subject to the following conditions:
STANDARD CONDITIONS
1. This permit is granted for the land described in the staff report dated September 27, 2018,
for the Project depicted on plans dated May 28, 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 UPO-509, 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 conons 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 fora 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 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 misdemeanor.
7. Compliance with Morro Bay Standards: This project shall meet all applicable requirements
under the MBMC, and shall be consistent with all programs and policies contained in the
LCP and General Plan of the City.
8. Conditions of Approval: The Findings and Conditions of Approval shall be included as a full-
size sheet in the Building Plans.
BUILDING CONDITIONS:
A. PRIOR TO ISSUANCE OF A BUILDING PERMIT:
1. Building permit plans shall be submitted by a California licensed architect or engineer when
required by the Business &Professions Code, except when otherwise approved by the
Chief Building Official.
2. The owner shall designate on the building permit application a registered design
professional who shall act as the Registered Design Professional in Responsible Charge.
The Registered Design Professional in Responsible Charge shall be responsible for
reviewing and coordinating submittal documents prepared by others including phased and
staggered submittal items, for compatibility with design of the building.
3. The owner shall comply with the City's Structural Observation Program. The owner shall
employ the engineer or architect responsible for the structural design, or another engineer or
architect designated by the engineer of record or architect responsible for the structural
design, to perform structural observation as defined in Section 220. Observed deficiencies
shall be reported in writing to the owner's representative, special inspector, contractor and
the building official. The structural observer shall submit to the building official a written
statement that the site visits have been made and identify any reported deficiencies that, to
the best of the structural observer's knowledge, have not been resolved.
4. The owner shall comply with the City's Special Inspection Program. Special inspections will
be required by Section 1704 of the California Building Code. All Special Inspectors shall first
be approved by the Building Official to work in the jurisdiction. All field reports shall be
provided to the City Building Inspector when requested at specified increments in order for
the construction to proceed. All final reports from Special Inspectors shall be provided to the
Building Official when they are complete and prior to final inspection.
5. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo
County Air Pollution Control District,
6. A soils investigation performed by a qualified professional shall be required for this project.
All cut and fill slopes shall be provided with subsurface drainage as necessary for stability;
details shall be provided.
BUILDING PERMIT APPLICATION. To apply for building permits submit three (3) sets of
construction plans to the Building Division.
7. The Title sheet of the plans shall include:
Street address, lot, block, track and Assessor Parcel Number.
Description of use.
Type of construction.
Height of the building.
Floor area of the building(s).
Vicinity map.
All construction shall conform to the edition of the applicable California Building Code
(CBC), California Residential Code (CRC), California Mechanical Code (CMC), California
Plumbing Code (CPC), California Electrical Code (CEC), California Energy Code, California
Green Building Standards Code (CGBC), and City of Morro Bay amendments in effect when
the application for construction permit is submitted to the Building Division,
8. PLAN REVISIONS: Building plans shall include a revised site plan clearly delineating the
difference between the extent of the lower floor addition and new deck addition above.
9. Fire sprinklers, shall be required by City Codes.
B. CONDITIONS TO BE MET DURING CONSTRUCTION:
BUILDING DIVISION:
10. SITE MAINTENANCE. During construction, the site shall be maintained so as to not infringe
on neighboring property, such as debris and dust.
11. 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.
12. Certification of compliance with the soils report shall be submitted to the Building Division
prior to foundation approvals. A final report certifying compliance with the soils report or
grading plans shall be submitted to the Building Division prior to final approvals.
13. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to foundation
inspection, and building height prior to framing inspection when determined necessary by
the Planning Division,
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF
CERTIFICATE OF OCCUPANCY:
BUILDING DIVISION:
14. Prior to building division
divisions must have been
inspection approvals must
the permit card.
Fire Department Conditions:
final approval all required inspections from the other various
completed and verified by a city inspector. All required final
be obtained from the various departments and documented on
1. Fire Safety. during Construction and Demolition shall be in accordance with 2016 California Fire
Code, Chapter 33. This chapter prescribes minimum safeguards for construction, alteration and
demolition operations to provide reasonable safety to life and property from fire during such
operations.
2. Automatic Fire Sprinklers. The applicant shall provide fire sprinkler protection of all
cantilevered water side elements, restaurant space, retail structure, hotel space and trash
area, in accordance with Morro Bay Municipal Code (Section 14.08.090(L)) and 2016
California Fire Code (Section 903).
3. Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in
accordance with NFPA 303. Systems shall be provided with hose connections located such
that no point on the pier or float system exceeds 150 feet from the standpipe hose
connection. (CFC 3604.2, 905, and MBMC 14.52.060)
4. Fire Alarm and Detection Systems. Applicant shall provide an approved fire alarm system, in
accordance with NFPA 72 and 2013 California Fire Code (Section 907).
5. Knox key box. Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved location (CFC 506).
Provide a Knox Box on exterior of the structure, in an approved location. Please obtain a Knox
application from Morro Bay Fire Department during business hours.
6. Fire extinguishers. One Provide one wall mounted 2A:10-B:C fire extinguisher, and approved
signage, for each 3,000 square feet of light hazard fuel load, Travel distance shall not in
accordance with California Code of Regulations, Title 19, Division 1.
7. Carbon monoxide. alarms in new dwellings and sleeping units. An approved carbon monoxide
alarm shall be installed in dwellings having a fossil fuel -burning heater or appliance, fireplace or
an attached garage. Carbon monoxide alarms shall be listed as complying with UL 2034 and be
installed and maintained in accordance with NFPA 720 and the manufacturer's instructions. (CRC
R315.2)
8. Address identification. All new and existing single family residence and ADU's shall have their
own approved address numbers or building numbers placed in a position to be plainly legible
from the street or road fronting the property (CFC 505). Provide approved address numbers 4
inches high with 1/2 inch stroke in contrasting numbers.
9. 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 84-inches with not less than 5-inch radius corners, in the horizontal,
open position and shall be identified by the international symbol for emergency medical
services (star of life). The symbol shall not be less than 3-inches high and shall be placed
inside on both sides of the hoist way door frame. (MBMC 14.08.090(I)
Provide above language in Site Plan General Notes,
Public Works Conditions:
The following Public Works conditions shall be satisfied prior to Building Plan submittal:
1. Stormwater Management: The City has adopted Low Impact Development (LID) and Post
Construction requirements to protect water quality and control runoff flow from new and
redevelopment projects. The requirements can be found in the Stormwater management
guidance manual on the City's website www.morro-bay.ca.us/EZmanual Projects with more
than 2,500sf of new or redeveloped impervious area are subject to these requirements.
Complete and submit identified Stormwater Performance Requirements.
2. Construction Staging Area: Due to the Embarcadero being a busy and space restricted area,
show location of construction staging area and corridor to project site. Develop timeline of
staging area (i.el will staging area be moved during different construction phases).
3. Frontage Improvements: The installation of frontage improvements is required. Remove all
non-standard exposed aggregate sidewalk. Update any deteriorated frontage improvements
and non-ADA compliant frontage. Remove the driveway approach along the frontage. City
standard 8400t sidewalk is required along the entire frontage. An encroachment permit is
required for any work within the Right of Way.
4. Sewer Lateral: Indicate and label new or existing sewer lateral and connection. If an existing
lateral is used, perform a video inspection of the lateral and submit to Public Works via flash
drive or DVD, prior to building permit plan approval. Lateral shall be repaired as necessary
and all repairs shall be noted on approved set of plans.
5. Sewer Backwater Valve: Indicate and label sewer backwater valve on plan. A sewer
backwater valve shall be installed on site to prevent a blockage or maintenance of the
municipal sewer main from causing damage to the Project (MBMC 14.24.070).
6. Erosion and Sediment Control Plan: For small projects less than one acre and less than
15% slope, provide a standard erosion and sediment control plan. The Plan shall show
control measures to provide protection against erosion of adjacent property and prevent
sediment or debris from entering the City right of way, adjacent properties, any harbor,
waterway, or ecologically sensitive area.
7. Water Meter: Indicate and label new or existing water meter on plans.
8. Grading and Drainage: Indicate on plans the existing and updated contours, drainage
patterns, spot elevations, finish floor elevation and all existing and proposed drainage pipes
and structures.
9. 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.
10, Encroachment Permits: A standard encroachment permit shall be required for frontage
improvements. 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. If a construction
dumpster is used, the dumpster location shall be on private property, unless allowed by an
encroachment permit within the City right-of-way.
11. Water Backflow Prevention Device: Verify and label all new or existing water backflow
preventers. Devices are required for fire water systems, irrigation systems on a dedicated
water meter, systems which may change in character of use (commercial rentals, etc.), gray
water systems, or any plumbing system which has cross -connections or the ability to allow
water of deteriorated sanitary quality to enter the public water supply. Add note to plan that
device is an approved domestic water backflow prevention device.
Add the following Notes to the Plans:
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.
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. All utilities shall be undergrounded.
4. Bayside Lateral Public Accessway. The bayside lateral access, also known as the
Harborwalk, shall maintain a 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.
5. 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).
6. Twenty five percent of hotel rooms shall be set at rates equal to the City's area low-cost threshold
pursuant to LUP Policy 2.07 or as otherwise approved consistent with the coastal development
permit. The low cost threshold would be established by setting the Lodging rates as 85% of the
average daily rate of all lodging facilities along both sides of the Embarcadero
7. The 30% view corridor located along the north side of the building shall be maintained with no
furniture item or table umbrellas to exceed 30 inches in height per the WaterFront Master Plan.
No podium, hostess stand or station shall be allowed within the entire plaza area.
8. The Applicant shall participate toward the development of Centennial Plaza. The amount of
contribution to be negotiated as part of future lease site negotiations.
9. Precise Plan shall include a specific sign plan with both commercial tenant and public
access signs shown, including but not limited to, plans denoting size and material of sign,
location of signs and method of attachment.
10. Precise Plan submittal shall include additional detail regarding the proposed children's play
area including, but not limited to, a color and materials board and photo simulations.
11. Plans shall ensure lateral access at the south end of the lease site is able to accommodate
a connection point to future lateral access to the lease site at 801 Embarcadero,
12. Eelgrass —Applicant shall be subject to the California Eelgrass gation 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 eelgrass habitat 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
13. 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 100400t boundary. All construction crew
employees shall be informed on the requirements of this condition.
14. Aproject-specific if 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.
15. 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).
16. Netting or fencing around and underneath the Project site shall be installed to catch and
remove debris released during and after construction.
17. 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.
18. The Project as proposed identifies numerous green features in support of the finding of
significant public benefit required in order to allow a building height of up to 25 feet.
Accordingly, prior to issuance of a building permit, Applicant shall submit evidence of LEED
precertification and pursue and obtain LEED certification prior to final occupancy,
Planning Commission conditions 19-20 added 8/21/2018:
19.Outdoor table areas shall be delineated with differential paving material in order to
distinguish between public and private seating areas. The outdoor tables shall be delineated
at both the west side of the building adjacent to the 10 foot width of Harborwalk as well as
the proposed tables at the northwest corner of the building adjacent to the view corridor
which has a required width of 22.5 feet.
20. Reduce the depth of the proposed planter adjacent to the street sidewalk to increase
sidewalk width. Information to be included on landscape plan to be provide with the Precise
Plan submittal.
City Council conons 21-24 added 10/9/2018:
21. No restaurant condiments or table setups shall be allowed at the outdoor public seating
located on the west and north sides of the building.
22. A 4-8 capacity public bike rack shall be installed on the site and placed so as not to impede
public pedestrian flow. Location of bike rack shall be identified on plans to be included with
the Precise Plan submittal. Brand of bike rack shall be consistent with other City facilities or
as otherwise approved by the Community Development Director,
23. A minimum of three trash cans with self -closing lid or other bird deterrent as approved by the
Community Development Director shall be identified on plans to be included with the
Precise Plan submittal.
24. Project shall include soft landing material added to the children's play area. Playground
protective surfaces shall be installed and maintained per the requirements of the U.S.
Consumer Product Safety Commission's Public Playground Safety Handbook; California
Health and Safety Code Sections 115725 — 115750, and ASTM F1292-09, Standard
Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of
Playground Equipment,
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
tI ereof held on this 9th day of October, 2018, on the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
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