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HomeMy WebLinkAboutReso 28-19 Coast Guard CUPRESOLUTION NO. 28-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE CONCEPT /PRECISE PLAN FOR CONDITIONAL USE PERMIT (CUP 18- 10) FOR 806SF ADDITION TO US COAST GUARD STATION BUILDING AT 1279 EMBARCADERO, US COAST GUARD (CITY LEASE SITE 141). 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 April 16, 2019, for the purpose of considering the Concept/Precise Plan for Conditional Use Permit #CUP18-10 and adopted PC Resolution 07-19 to forward a favorable recommendation to the City Council for approval; and WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on May 14, 2019, pursuant to the Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17,40.030), for the purpose of considering the Project for 1279 Embarcadero, also known as the US Coast Guard Station Building, 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 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 Council public 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. CUP18-10 is categorically exempt under Section 15301, Class 1 e. This exemption allows for additions to existing structures if the increase is not more than 50 percent of floor area or 2,500 square feet whichever is less, for which the proposed 806sf Coast Guard addition would qualify for an exemption. In addition, none of the exceptions found in CEQA Section 15300.2 apply to this 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 806sf addition to the existing Coast Guard building at 1279 Embarcadero is a permitted use as a government building within the commercial/recreational fishing zoning district; and said building addition structure complies with all applicable project conditions and City regulations, is consistent with the City's Local Coastal Program, and as a branch of the U.S. military is responsible for maritime safety. 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 addition will provide enhanced ability for the Coast Guard to fulfil its mission of boating safety, search and rescue, and enforcement of maritime laws while also indirectly benefitting public safety and recreation for visitors and residents and is consistent with the character of the existing development. The loss of five parking spaces will not be detrimental to the lease site or adjacent public parking lot because the addition is proposed to maintain the minimum drive aisle width to allow for continued function of the parking lot. C. The proposed project includes the removal of 5 parking spaces in the area where the addition is located, and the City Council has adopted Resolution No. 22-19, approving a Supplemental Lease Agreement with the Coast Guard requiring payment of $75,000 ($15,000 per space) to offset the removal of the parking spaces. Waterfront Master Plan Findings A. The proposed project makes a positive contribution to the visual accessibility to the bay and rock while supporting the harbor. B. In the case of granting exceptions to development standards including lot coverage, the proposed project provides significant public benefit pursuant to the Planned Development Overlay zone requirements in that the proposed project of an 806sf single story addition to an existing Coast Guard building provides for and supports and actively encourages the continued permanent presence by the Coast Guard as an essential element of boating safety in the region. C. Meets the Waterfront plan height limit, 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. D. 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 a single story addition on the east side of the building outside of public view corridors. E. The proposed project provides the amenities identified in the Waterfront Master Plan, facilitates visual and physical access to the waterfront, and takes advantage of outward views and characteristics of the topography. F. The proposed project makes a positive contribution to the working fishing village character and quality of the Embarcadero area in that the new project supports and actively encourages the continued permanent presence by the Coast Guard as an essential element of boating safety in the region.. G. The proposed project recognizes the pedestrian orientation of the Embarcadero by maintaining the surrounding area and proposing a small addition with minimal impact to the surrounding parking lot that does not create view impacts and also in that the project will provide historical interpretive sign on the history of the US Coast Guard for pedestrian passers-by as a public educational benefit that is consistent with the character of the existing development. H. The project gives its occupants and the public some variety in materials and/or application in that the project is designed to match color and materials of existing building and retain building character. The project contains the elements of harmony, continuity, proportion, simplicity, and balance, and its appearance matches its function and the uses proposed. J. 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. 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/Precise Plan Conditional Use Permit #CUP18-10 subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the Coast Guard addition on land described in the City Council staff report dated May 1, 2019, (Council meeting date May 14, 2019) for the project at 1279 Embarcadero depicted on plans dated March 19, 2019, 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 CUP18-10, 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 %J 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 DIVISION CONDITIONS: CONDITIONS TO BE MET 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 project. All cut and fill slopes shall be for stability; details shall be provided. Bay soils report waiver request. qualified professional .shall be required for this provided with subsurface drainage as necessary Alternatively, submit a completed City of Morro 7. BUILDING PERMIT APPLICATION. To apply for building permits, submit three (3) sets of construction plans to the Building Division, 8. The Title sheet of the plans shall include: a. Street address, lot, block, track and Assessor Parcel Number. b. Description of use. C. Type of construction. d. Maximum Height of the building allowed and proposed. e. Floor area of the building(s). f. Vicinity map. g. Minimum building set back per zoning designation or conditional use approval. 9. All construction will conform to the 2016 California Building Code (CBC), 2016 California Residential Code (CRC), 2016 California Fire Code (IFC), 2016 California Mechanical Code (CMC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016 California Energy Code, 2016 California Green Code (CGBC), and Accessibility Standards where applicable and all City codes as they apply to this project. (Code adoption dates are subject to change. The code adoption year is established by application date of plans submitted to the Building Division for plan review.) CONDITIONS TO BE MET DURING CONSTRUCTION 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. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to foundation inspection, and/or building height prior to framing inspection when determined necessary by the Planning Division, CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY: 13. 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. 14. Title 24 form(s) 2F-6R (Certificate of installation) for building, mechanical, electrical and plumbing systems. FIRE DEPARTMENT CONDITIONS: 1. Automatic fire sprinklers. An automatic fire sprinkler system, in accordance with NFPA 13-D7 California Fire Code (Section 903) and Morro Bay Municipal Code (Section 14.08.090). 2. 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. 3. Fire Apparatus Access Roads -Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. (CFC 50362,1) 4. Fire Department access to equipment. Rooms or areas containing controls for Electrical, FAU, Alarm and Fire Sprinkler Systems shall be identified by approved and appropriate signage for Fire Department use. (CFC 1001.8) PUBLIC WORKS CONDITIONS: The following Public Works conditions shall be satisfied with the 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. Projects with more than 2,500sf of new or redeveloped impervious area are subject to these requirements. The submitted "SFR Performance Requirement Determination Form" indicates this project is "Exempt". 2. Sewer Mainline: Indicate and label new sewer mainline per City specifications in the "City of Morro Bay Standard Drawings and Specifications". Add note to "Maintain all sewer lateral connections along sewer mainline". 3. Sewer Manhole: Indicate and label new sewer manhole per City standard detail S-3. 4. Sewer Lateral: Indicate and label new or existing sewer lateral and connections. 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 proposed 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. Show on plans the 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. 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. 9. 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. 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. HARBOR CONDITIONS: 1. Applicant shall submit for a lease line amendment to be approved by the City Council prior to issuance of a building permit. PLANNING CONDITIONS: 1. 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. 2. An interpretive sign with content relating to the historical nature of the Coast Guard in Morro Bay shall be submitted for review and approval by the Community Development Director for installation prior to final occupancy of the building permit. 3. Compliant ADA path of travel shall be shown on building construction plans. Planning condition 4 added by the Planning Commission on 4/16/2019: 4. Applicant shall submit a construction staging and traffic control plan that minimizes impact to neighboring business and pedestrian traffic to the greatest extent feasible. Said plan shall be submitted for review and approval by the Community Development Director prior to issuance of a building permit PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on this 14th day of May, 2019, on the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST Headding, Addis, Davis, McPherson None Heller None ANA SWANSON, City Clerk