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HomeMy WebLinkAboutReso 77-15 Deny the appeals and uphold the Planning Commissions adoption of Mitigated Negative Dec 3420 Toro LaneRESOLUTION NO. 77-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO DENY THE APPEALS AND UPHOLD THE PLANNING COMMISSION'S ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A COASTAL DEVELOPMENT PERMIT (CPO-419) AND CONDITIONAL USE PERMIT (UPO-383) TO CONSTRUCT A NEW SINGLE- FAMILY DWELLING ON A VACANT BEACH FRONT PROPERTY AT 3420 TORO LANE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay conducted public hearings at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on August 18 and October 6, 2015, for the purpose of considering Coastal Development Permit #CPO-419 and Conditional Use Permit #UPO-383; and WHEREAS, on October 6, 2015, the Morro Bay Planning Commission adopted Resolution 28-15 with findings and conditions for approval of Coastal Development Permit #CPO-419 and Conditional Use Permit #UPO-383; and WHEREAS, on October 9, 2015, an appeal of the Planning Commission action approving Coastal Development Permit #CPO-419 and Conditional Use Permit UPO-383 was filed by Linda Stedjee, specifically requesting the Council overturn the Planning Commission decision and deny Coastal Development Permit #CPO-419 and Conditional Use Permit UPO-383 because the project would block an existing beach access path; and WHEREAS, on October 13, 2015, an appeal of the Planning Commission action approving Coastal Development Permit #CPO-419 and Conditional Use Permit UPO-383 was filed by Barry Branin, specifically requesting the Council overturn the Planning Commission decision and deny Coastal Development Permit #CPO-419 and Conditional Use Permit UPO-383 because the project would block an existing beach access path; and WHEREAS, the City Council of the City of Morro Bay conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on December 8, 2015, for the purpose of considering appeals of the Planning Commission approval of Coastal Development Permit #CPO-419 and Conditional Use Permit #UPO-383; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 2 WHEREAS, the City Council has duly considered all evidence, whether written or oral, including without limitation, the testimony of the appellants, the applicant, interested parties, City staff and all written and oral evaluations and recommendations by staff, presented at Planning Commission hearings and the City Council 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 City Council makes the following findings: California Environmental Quality Act CEQA) Finding 1. For purposes of the California Environmental Quality Act, an Initial Study was prepared for the project which resulted in a Mitigated Negative Declaration. The Mitigated Negative Declaration was routed to the State Clearinghouse for the required 30 day review and all other legal noticing and review requirements have been met. The project applicants agreed to all mitigation measures. With the incorporation of these mitigation measures the project will have a less than significant impact on the environment. Coastal Development Finding 1. As conditioned, the project is consistent with applicable provisions of the Local Coastal Program for construction of a new single-family residence and bluff development in the Atascadero State Beach Bluff Area. Conditional Use Findings 1. As conditioned, the project is consistent with the General Plan and Local Coastal Program regarding the location of residential uses and development of property in coastal bluff setback review area.. 2. As conditioned, the project will not be detrimental to the health, safety and welfare of persons residing or working in the neighborhood. Reduced Buffer Area Finding 1. Consistent with the Coastal Land Plan Use (Policy 11.14) and the Environmentally Sensitive Habitat development standards in the City's Zoning Ordinance (subsection 17.40.040.D.6), the reduction in the stream corridor buffer area from 50 feet to 25 feet is reasonably necessary to allow development of the site and environmental mitigation is incorporated into the project description to require native habitat restoration landscaping in the buffer area. Coastal Access Finding 1. The project is consistent with the public access and public recreation policies of Chapter 3 of the Coastal Act because it includes a beach access trail through the project site. City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 3 Section 2. Action. The City Council does hereby deny the appeals, adopt the June, 2015 Mitigated Negative Declaration and approve Coastal Development Permit CPO-419 and Conditional Use Permit UPO-383 for property located at 3420 Toro Lane subject to the following conditions: STANDARD CONDITIONS l . This permit is granted for the land described in the staff report dated October 6, 2015, for the project at 3420 Toro Lane (the "Property"), as depicted on plans received by the City on September 29, 2015, as part of Coastal Development Permit CPO-419 and Conditional Use Permit UPO-383, 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 plans, 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 Manager (the "Manager"), 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 Manager. Any changes to this approved permit determined, by the Manager, 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 applicant's 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. City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 4 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 Manager or as authorized by the Planning Commission. Failure to comply with any of these conditions shall render this entitlement, at the discretion of the Manager, 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. PLANNING CONDITIONS 1. Construction Hours: Pursuant to MBMC subsection 9.28.030.I, Construction or Repairing of Buildings, the erection (including excavating), demolition, alteration or repair of any building or general land grading and contour activity using equipment in such a manner as to be plainly audible at a distance of fifty feet from the building other than between the hours of seven a.m. and seven p.m. on weekdays and eight a.m. and seven p.m. on weekends except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Community Development Department, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. 2. Dust Control: That prior to issuance of a grading permit, a method of control to prevent dust and wind blow earth problems shall be submitted for review and approval by the Building Official. 3. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the final Conditions of Approval shall be attached to the set of approved plans. The sheet containing Conditions of Approval shall be the same size as other plan sheets and shall be the last sheet in the set of Building Plans. 4. Exterior Materials: Building color and materials shall be as shown on plans approved by the Planning Commission and specifically called out on the plans submitted for a Building Permit to the satisfaction of the Community Development Manager Manager. 5. Boundaries and Setbacks: The property owner is responsible for verification of lot boundaries. Prior to requesting foundation inspection, a licensed land surveyor shall verify lot boundaries and building setbacks to the satisfaction of the Community Development Manager. A copy of the surveyor's Form Certification based on a boundary survey shall be submitted to the Building Inspector with the request for foundation inspection. City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 5 6. Building Height Verification: Prior to foundation inspection, a licensed land surveyor shall measure and inspect the forms and submit a letter to the Community Development Manager certifying that the tops of the forms are in compliance with the finish floor elevations as shown on approved plans. Prior to either roof nail or framing inspection, a licensed surveyor shall submit a letter to the Building Inspector certifying that the height of the structures is in accordance with the approved plans. 7. Maximum Building Height: Building height shall comply with the maximum building height standards in the S-2.AOverlay, which are 14 feet for flat roofs and roof deck sills, and 17 feet for roofs with a minimum pitch of 4 in 12. Height shall be measured from the average natural grade beneath the building footprint. 8. Stream Corridor Buffer: The minimum buffer area for the stream corridor shall be 25 feet from the top of bank as delineated on the project site plan. 9. Coastal Dune Buffer: The minimum buffer area for the coastal dune habitat shall be 50 feet as delineated on the project site plan. 10. ESH Easement: Consistent with Land Use Element Policy LU-61, the property owners shall dedicate a permanent easement over portions of the Property determined to be sensitive habitat as defined by the Zoning Ordinance. This will include the stream corridor and the coastal dune area as shown on the project site plan and in the Addendum to Biological Resources Assessment (KMA 2014) together with the approved buffer areas. Easement boundaries shall be clearly delineated to the satisfaction of the Community Development Manager. 11. Geologic Reports: The applicant shall comply with all recommendations contained in the geologic reports, prepared for this property by Earth Systems Pacific (June/September 2002, September, 2013 Update). 12. Slope Stability Analysis: The applicant shall comply with all recommendations contained in the slope stability analysis prepared for this property by Earth Systems Pacific (March 5, 2015). 13. Soils En ineering Report: The applicant shall comply with all recommendations contained in the soils engineering report prepared for this property by GeoSolutions (August, 2014). 14. Utili1y Undergrounding: Prior to final occupancy clearance, the applicant shall install all utility distribution and service lines to the site underground. 15. Landscaping: Project landscaping shall include native and drought tolerant plants consistent with the Habitat Restoration and Enhancement Plan (as required by Biological mitigation measure 4 in the Mitigation, Monitoring and Reporting Program approved by the Community Development Manager). Landscaping shall be designed to minimize City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 6 ecological and geological disturbances. Only plant materials recognized for their drought tolerance or erosion controlling properties shall be authorized on bluffs or bluff tops. Project landscaping shall be maintained such that it does not obstruct the Public Access Trail. 16. HVAC Location: Any HVAC system shall be located under the roof lines or on the ground outside of required setbacks and not visible from the public right of way to the satisfaction of the Community Development Manager. 17. Shoreline Protective Structures Prohibited: Shoreline protective structures that protect the approved development (including but not limited to seawalls, revetments, retaining walls, tie backs, caissons other than for structural foundation purposes, piers, groins, etc.) shall be prohibited. Prior to issuance of a building permit, the Applicant shall record acknowledgement of this condition on behalf of itself and all successors and assigns in a manner and form acceptable to the City. 18. Public Access Offer to Dedicate: The Applicant has volunteered to offer to dedicate an area for an unimproved public access trail through the project site to the satisfaction of the City Engineer and the Community Development Manager (the "Public Access Trail"). Prior to issuance of a building permit, the offer of dedication of the Public Access Trail shall be recorded. Upon that recordation, the City will not make nor support any effort to preserve that implied dedication. The Applicant's offer of dedication and any acceptance thereof shall not require the City, the Applicant or other public entity to maintain the Public Access Trail. 19. Public Access Desi n: To effectuate Condition No. 18 above, prior to issuance of a building permit, the Applicant shall submit a design for the creation of the Public Access Trail through the project site and the adjacent Toro Lane right-of-way to the satisfaction of the City Engineer and the Community Development Manager (the "Design"). 20. Preparation of the Public Access: Prior to issuance of final occupancy for the project, the Applicant shall create the Public Access Trail in accordance with the Design. 21. Trail Hours: The Public Access Trail shall be open to the public from one hour before dawn until one hour after sunset. This information shall be posted at both ends of the Public Access Trail using standard coastal access signage to the satisfaction of the Community Development Manager. 22. Limitation on Trail Area: Trails through the ESH areas located on the Property, other than the Public Access Trail and a link from the residence to the Public Access Trail shall be prohibited. 23. Retaining Wall: There shall be no retaining wall or fence past the western edge of the patio. City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 7 24. Fence Height: The maximum fence height adjacent to the patio shall not exceed the minimum height required by the Building Code. ENVIRONMENTAL CONDITIONS 1. The applicant shall comply with the environmental mitigation measures as detailed in the Mitigation Monitoring and Reporting Program which is attached hereto as Attachment 1. PUBLIC WORKS CONDITIONS 1. The project shall provide frontage improvements as noted below and must include Low Impact Development (LID) Performance Requirements as required by the Storm Water Management Guidance- EZ Manual, March 6. 2014 amendment to the City Standard Drawings and Specifications. The following comments shall be addressed with the building permit submittal: 2. Stormwater: Since the project is > 2,500sf of impervious area provide a Stormwater Performance Requirement #1 Certification, prepared by a Registered Civil Engineer. Since there is no potential for downstream flooding, the project is exempt from the requirements of Performance Measure #5. 3. Erosion and sediment control: Provide a standard erosion and sediment control plan. The �r 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. Frontage improvements: a. City standard driveway approach and a concrete curb and gutter are required. A street tree is required. b. All standard improvements (e.g. driveway approach) in the City right of way per City Engineering Standards require a Standard Encroachment Permit. c. Non-standard improvements in the right of way (e.g. retaining wall) shall require a Special Encroachment Permit. 5. Utilities: a. Include the locations of all proposed utilities, gas, sewer, water etc. Indicate on the plans if the sewer lateral is proposed or existing. If the existing sewer lateral is going to be used the following must be completed: i. Conduct a video inspection of the conditions of existing sewer lateral prior to building permit issuance. Submit a DVD to City Public Services Department. Repair or replace as required to prohibit inflow/infiltration. b. 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 14.07.030) Indicate on the plans. City Council Resolution #77-15 Appeal Hearing for #CPO-419 and UPO-383 Page 8 Add the following Notes to the Plans: 1. Any damage 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. BUILDING CONDITIONS 1. Building Permit: Prior to construction, the applicant shall submit a complete Building Permit Application and obtain the required Permit. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 8th day of December, 2015 on the following vote: AYES: Headding, Johnson, Makowetski, Smukler NOES: Irons ABSENT: None ABSTAIN: None J IE L. IRONS, AYOR ATTEST: �h.(� !�►V L��sN DANA SWANSON, City Clerk Attachment 1 to Resolution CC 77-15 Mitigation Monitoring and Reporting Program AESTHETICS: AES Impact 1 Visibility of night lighting and daytime glare would adversely affect views resulting in a direct long-term impact. AES/mm-1 Prior to issuance of a buildingpermit, a comprehensive lightingplan shall be submittedfor review and approval by the City. The lighting plan shall be prepared using guidance and best practices endorsed by the International Dark Sky Association. The lighting plan shall address all aspects of the lighting, including but not limited to all buildings, infrastructure, parking and driveways, paths, recreation areas, safety, and signage. The lighting plan shall include the following at minimum: a) The point source of all exterior lighting shall be shielded from offsite views. b) Light trespass from exterior lights shall be minimized by directing light downward and utilizing cut-off fixtures or shields. c) Lumination from exterior lights shall be the lowest level allowed by public safety standards. d) Exterior lighting shall be designed to not focus illumination onto exterior walls. e) Bright white -colored light shall not be used for exterior lighting. Any signage visible from offsite shall not be internally illuminated. AESImm-2 Prior to issuance of a building permit, the applicant shall submit building plans and elevations for review and approval consistent with the following conditions: a) No highly reflective glazing or coatings shall be used on windows. b) No highly reflective exterior materials such as chrome, bright stainless steel, or glossy tile shall be used on the portions of the development where visible from off -site locations. After implementation of these measures, residual impacts would be less than significant. Monitorine: The City of Morro Bay would verify implementation of these design details through review and approval of the lighting plan and building plans prior to issuance of building permits for the project. AIR QUALITY AQ Impact 1 Construction activities associated with development of the proposed project would result in short-term emissions of DPM, potentially affecting sensitive receptors. AQ/mm-1 Prior to issuance of grading and construction permits, the applicant shall submit plans including the following notes, and shall comply with the following standard mitigation measures for reducing diesel particulate matter (DPM) emissions from construction equipment: a) Maintain all construction equipment in proper tune according to manufacturer's specifications; 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting b) Fuel all off -road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off -road); c) Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off -road heavy-duty diesel engines, and comply with the State off -Road Regulation; d) Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation; e) Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; fi All on and off -road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5-minute idling limit; g) Excessive diesel idling within 1, 000 feet of sensitive receptors is not permitted; h) Electrify equipment when feasible; i) Substitute gasoline powered in place of diesel powered equipment, where feasible; and, j) Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ Impact 2 Construction activities associated with development of the proposed project could generate dust that could be a nuisance to adjacent sensitive receptors. AQ/mm-2 Prior to issuance of grading and construction permits, the applicant shall include the following notes on applicable grading and construction plans, and shall comply with the following standard mitigation measures for reducing fugitive dust emissions such that they do not exceed the APCD's 20 percent opacity limit (APCD Rule 401) and do not impact off -site areas prompting nuisance violations (APCD Rule 402) as follows: a) Reduce the amount of disturbed area where possible; b) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non potable) water shall be used whenever possible; c) All dirt stockpile areas shall be sprayed as needed; d) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; f) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting g) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; h) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114; i) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; j) All PM10 mitigation measures required shall be shown on grading and building plans; and k) The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust off -site. The name and telephone number of such persons shall be provided to the APCD Compliance Division and listed on the approved building plans prior to the start of any grading, earthwork or demolition. AQ Impact 3 Construction activities associated with development of the proposed project could generate dust that could be a nuisance to adjacent sensitive receptors. AQ/mm-3 Prior to issuance of a grading permit, the applicant shall submit a geologic evaluation that determines if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request shall be filed with the District. If NOA is found at the site, the applicant shall comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. With implementation of these measures, air quality impacts would be less than significant. Monitoring: Copies of regulatory forms will be submitted to the APCD for review and approval, consistent with existing regulations. The applicant is required to submit approval documentation from APCD to the City Community Development Director/Planning Manager. Monitoring or inspection shall occur as necessary to ensure all construction activities are conducted in compliance with the above measures. Measures also require that a person be appointed to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust off -site. All potential violations, remediation actions, and correspondence with APCD will be documented and on file with the City Community Development Director. BIOLOGICAL RESOURCES BIO Impact 1 Development of the project could indirectly affect the natural drainage feature to the north of the site, coastal and shoreline habitat to the west, and special -status species and wildlife in the proximity. BIO/mm-1 Prior to issuance of construction permits, the applicant shall submit documentation verging designation of a qualified environmental monitor for all biological resources measures to ensure compliance with Conditions of Approval and mitigation measures. The monitor shall be responsible for: (1) ensuring that procedures for verifying compliance with environmental mitigations are followed; (2) lines of communication and reporting methods; (3) compliance reporting; (4) construction crew training regarding environmentally sensitive areas; (S) authority to stop work; and (6) action to be taken in the event of non-compliance. Monitoring shall be at a frequency and 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting duration determined by the affected natural resource agencies, which may include the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, California Coastal Commission, U.S. Fish and Wildlife Service, and the City of Morro Bay. BIO/mm-2 Prior to the initiation of construction, the environmental monitor shall conduct environmental awareness training for construction personnel. The environmental awareness training shall include discussions of sensitive habitats and animal species in the immediate area. Topics of discussion shall include: general provisions and protections afforded by the Endangered Species Act; measures implemented to protect special -status species; review of the project boundaries and special conditions; the monitor's role in project activities; lines of communications; and procedures to be implemented in the event a special -status species is observed in the work area. BIO/mm-3 Prior to the initiation of construction, the applicant's contractors and the environmental monitor shall coordinate the placement of project delineation fencing throughout the work areas. The environmental monitor shall field fit the placement of the project delineation fencing to minimize impacts to sensitive resources. The project delineation fencing shall remain in place and functional throughout the duration of the project. During construction, no project related work activities shall occur outside of the delineated work area. BIO/mm-4 Prior to issuance of grading and construction permits, the applicant shall submit a Habitat Restoration and Enhancement Plan prepared by a qualified restoration ecologist for the review and approval by the City Community Development Manager. The plan shall be implemented concurrent with or immediately following construction. The plan shall include, but not be limited to the following measures, pursuant to the Biological Resources Assessment (KMA December 2013 and KMA Addendum 2014): a. Prior to any construction activities, a construction buffer shall be demarcated with highly visible construction fencing or staking for the benefit of contractors and equipment operators. b. Restoration of surface contours through minor grading and seeding native vegetation may be required to reduce the erosion potential and provide temporary cover during and after construction. c. Non-native and invasive plant species shall not be permitted in the approved buffer areas. For a list of noxious weeds and appropriate plant materials, please refer to the following sources: the California Invasive Plant Council website at www.cal-ipc.org and the County of San Luis Obispo's approved landscape plant list. Substitutions may be allowed, but shall be approved by a qualified botanist. d. The ESH buffer areas shall utilize native species characteristic of the coastal scrub and coastal grassland habitat. Landscaping around the house and to the east and south shall utilize drought tolerant, non-invasive species. e. As part of any building permit application, a sediment and erosion control. plan shall be submitted that specifically seeks to protect the drainage and protected native habitat adjacent to the construction site. Erosion control measures shall be implemented to prevent runoff from the site. Silt fencing, straw bales, and/or sand bags shall be used as well as other methods to prevent erosion and sedimentation of the drainage channel. The plan shall speck locations and types of erosion and sediment control structures and materials that would be used on -site during construction activities. Biotechnical approaches using native vegetation shall be used as feasible. The plan shall also describe how any and all pollutants originating from construction equipment would be collected and disposed. f Current Best Management Practices (commonly referred to as BMPs) shall be utilized to minimize impacts to the drainage feature and native habitat areas onsite. Washing of concrete, paint, or equipment shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. Washing of equipment, tools, roads, etc. shall not be allowed in any location where the tainted water could affect the drainage and adjacent beach's sensitive biological resources. 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting g. Identification of areas to be seeded or planted following weed abatement, planting and weed control methodologies, measures to protect plantings during the establishment period, irrigation methods and timing (which shall not result in erosion or down -gradient sedimentation). h. The plan shall be monitored for two years following initial site preparation, planting, and seeding. Two annual monitoring reports shall be submitted to the City Community Development Manager, and shall include written explanation of adherence to the plan, any necessary remediation or maintenance actions, and photo -documentation. BIO Impact 2 Development of the project could adversely affect nesting birds onsite or in the proximity. BIO/mm-5 Prior to ground disturbance, to minimize impacts to nesting bird species, including special status species and species protected by the Migratory Bird Treaty Act, initial site grading shall be limited to outside the nesting season and focused during the time period between September 1 and February I as feasible. If initial site disturbance cannot be conducted during this time period, a pre -construction survey for active bird nests onsite shall be conducted by a qualified biologist. Surveys shall be conducted within two weeks prior to any construction activities. If no active nests are located, ground disturbing/construction activities can proceed. If active nests are located, then all construction work shall be conducted outside a non -disturbance buffer zone to be developed by the qualified biologist based on the species (i.e., 50 feet for common species and upwards of 250 feet for special status species), slope aspect and surrounding vegetation. No direct disturbance to nests shall occur until the young are no longer reliant on the nest site as determined by the project biologist. The biologist shall conduct monitoring of the nest until all young have fledged. After implementation of these measures, residual impacts to biological resources would be less than significant. Monitoring: The City shall verify required elements on plans and compliance in the field. The City shall review and approve plans and monitoring reports. CULTURAL RESOURCES CR Impact 1 Ground disturbance associated with the construction of the residence and all associated facilities may result in the inadvertent discovery of previously undocumented archaeological resources. CR/mm-I A qualified archaeologist and a Salinan or Chumash Native American who is culturally affiliated to the project area, as approved by the City, shall be on site to monitor grading, trenching and related site preparation. The name and contact information of the monitoring archaeologist shall be included on the cover sheet of the building plans. Prior to a request for foundation inspection, the applicant shall submit a report prepared by the monitoring archaeologist summarizing the dates and times of monitoring and observations regarding the presence or absence of cultural material during grading operations. CR/mm-2 In the event that intact and/or unique archaeological artifacts or historic or paleontological resources are encountered during grading, clearing, grubbing, and/or other construction activities associated with the proposed project involving ground disturbance, all work in the immediate vicinity of the find shall be stopped immediately, the onsite archaeological monitor shall be notified, and the resource shall be evaluated to ensure the discovery is adequately recorded, evaluated and, ifsignificant, mitigated. 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting CR/mm-3 Prior to any grading or construction; contractors involved in grading and grubbing activities shall receive training from a City -approved qualified archaeologist knowledgeable in local tribes. At a minimum, the training shall address the following: a) Review of the types of archaeological artifacts that may be uncovered. b) Provide examples of common archaeological artifacts to examine. c) Review what makes an archaeological resource significant to archaeologists and local Native Americans. d) Describe procedures for noting involved or interested parties in case of a new discovery. e) Describe reporting requirements and responsibilities of construction personnel. j) Review procedures that shall be used to record, evaluate, and mitigate new discoveries. g) Describe procedures that would be followed in the case of discovery of disturbed or intact human burials and burial -associated artifacts. After implementation of these measures, residual impacts would be less than significant. Monitorinz: The City Community Development Director shall verify compliance with this measure. GEOLOGY/SOILS GS Impact 1 Development associated with the proposed project places structures and people in an area subject to geologic hazards including seismic groundshaking, and risks associated with slope stability. GS/mm-1 Upon application for grading and construction permits, all mitigation measures identified in the September 13, 2002 Geologic Report and September, 2013 Update prepared by Earth Systems Pacific shall be incorporated into the project. These measures shall be included on all grading and building plans. These include the following: a. The Certified Engineering Geologist of record shall provide an engineering geologist's written certification of adequacy of the proposed site development for its intended use. b. A Certified Engineering Geologist shall review, approve and stamp construction plans including all plans for building foundations and excavation. c. The Certified Engineering Geologist shall inspect work on -site and verb that building construction, including all foundation work, has been performed in a manner consistent with the intent of the plan review and engineering geology report. d. Before final inspection andlor issuance of occupancy permits, should the services of the Certified Engineering Geologist be terminated the applicant shall submit a transfer of responsibility statement to the Planning Division from the new Certified Engineering Geologist pursuant to the Uniform Building Code. GS/mm-2 Concurrent with submittal of construction plans, the applicant shall submit a Soils Report, prepared by a California Registered Geologist or Soils Engineer, a Geology Report, prepared by a 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting California Registered Geologist, and a Slope Stability Report, prepared by a California Registered Engineering Geologist. The Soils Report shall address soils engineering and compaction requirements, slope stability issues, drainage locations with respect to walls, finish floor elevations, drain materials, and shall contain recommendations regarding foundation design, retaining wall design, and paving sections, where applicable, for the project. The soils report shall be reviewed and approved by the City Engineer. GS/mm-3 Prior to issuance of grading and construction permits, the applicant shall prepare a drainage and erosion control plan to reduce the potential for erosion and down -gradient sedimentation both during construction and for the life of the project. Grading and construction plan shall include measures to prevent and avoid spills or spread of dangerous materials and clean-up procedures in the event of a spill. Monitoring or inspection of construction activities by the City Building Inspector shall occur as needed to ensure compliance with the erosion control plan. After implementation of these measures, residual impacts related to geology and soils would be less than significant. Monitoring: Design plans shall be inspected and approved by the City Engineer to ensure compliance with the requirements of the Geologic Report. Erosion control plans shall be submitted to the City Community Development Department for review and approval, in consultation with the City Engineer. Monitoring or inspection of construction activities by the City Building Inspector shall occur as needed to ensure compliance with design plans and the drainage and erosion control plan. HAZARDS AND HAZARDOUS MATERIALS HAZ Impact 1 Development associated with the proposed project has the potential to result in the accidental release of hazardous materials into sensitive areas adjacent to the project site. HAZ✓mm-1 Prior to construction, the applicant shall prepare a drainage and erosion control plan which also specifically addresses hazardous materials to be used during construction and operation, and identifies procedures for storage, distribution, and spill response for review and approval by the City Community Development Department. The plan shall identify hazardous materials to be used during construction and operation, and shall identi)� procedures for storage, distribution, and spill response. Equipment refueling shall be done in non -sensitive areas and such that spills can be easily and quickly contained and cleaned up without entering any existing stormwater drainage system or creek. The plan shall include procedures in the event of accidents or spills, identification of and contact information for immediate response personnel, and means to limit public access and exposure. Any necessary remedial work shall be done immediately to avoid surface or ground water contamination. The plan shall be implemented by the construction contractor, and verified by the City Building Inspector. With implementation of this mitigation measure, impacts related to hazards and hazardous materials would be less than significant. Monitoring: The applicant shall be responsible for implementing the approved drainage and erosion control including spill prevention control and response measures. The City Building Inspector shall conduct periodic inspections to verify compliance. 3420 Toro Lane CPO-419 & UPO-383 Resolution CC 77-15 Mitigation, Monitoring and Reporting HYDROLOOGY AND WATER QUALITY HWQ Impact 1 The project would increase impervious surfaces at the project site, which would increase the total volume of storm water runoff and could contribute to erosion, siltation and flooding risks. HWQ/mm-1 Prior to issuance of grading permits, the applicant shall submit a final grading and drainage plan for review and approval by the City Engineer and California Department of Transportation (Caltrans). The drainage plan shall demonstrate that additional runoff resulting from the project would not compromise the existing culvert under Toro Lane, and would avoid scour under the culvert structure and concrete portion of the channel. HWQ/mm-2 Prior to issuance of grading permits, final plans shall clarify if any work will occur within the easement for the culvert and drainage channel and obtain any encroachment permit deemed necessary by the City Engineer. HWQ/mm-3 Prior to issuance of grading and building permits, the applicant shall submit construction plans incorporating Low Impact Development (LID) planning principles, to the maximum extent feasible, consistent with the City of Morro Bay "Stormwater Management Guidance Manual for Low Impact Development and Post -Construction Requirements" to the satisfaction of the Public Works Director. After implementation of these measures, residual impacts would be less than significant. Monitoring: Monitoring shall occur as necessary to ensure development is proceedings consistent with the final grading and drainage plan. The City shall verify receipt of a copy of the Caltrans-issued Encroachment Permit. NOISE N Impact 1 The proposed project places structures and people in an area subject to excessive noise levels associated with traffic along State Route 1. N/mm-1 Prior to issuance of building permits, the applicant shall submit plans incorporating noise mitigation measures, including, but not limited to: a. location of all vents and other roof and wall penetrations on walls and roofs facing away from the noise source (on the north, west and east elevations whenever possible) b. use of bends and insulation in ventilation systems c. use of closable dampers d. Sound Transmission Class rated wall, door and window materials e. use of acoustical sealant on all windows and other openings as appropriate. With implementation of these construction measures, impacts would be less than significant. Monitoring: Monitoring shall occur as necessary to ensure development is proceeding consistent with the mitigation measures and that all exterior and interior noise levels are consistent with levels established in the Noise Element prior to occupancy.