HomeMy WebLinkAboutReso 76-21 715 EmbarcaderoRESOLUTION NO. 76-21
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
TO CONDITIONALLY APPROVE MAJOR MODIFICATION (MAJ20-004) OF
CONDITIONAL USE PERMIT (CUP07-91) CONCEPT / PRECISE PLAN
APPROVAL FOR CONVERSION OF EXISTING COMMERCIAL FISHING
WHARF, INSTALLATION OF NEW HARBORWALK COASTAL PUBLIC
ACCESS IMPROVEMENTS, REMOVAL AND REPAIR OF PILINGS TO
SUPPORT THE NEW HARBORWALK, CONVERSION OF 470SF OF
EXISTING INTERIOR FISH PROCESSING AREA TO NEW RETAIL SPACE
FROM WITHIN EXISTING SINGLE -STORY COMMERCIAL BUILDING, NEW
461SF OF PUBLIC OUTDOOR DINING, AND RELATED BUILDING FACADE
IMPROVEMENTS
AT 715 EMBARCADERO
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing
via video conference on September 21, 2021 and October 5, 2021 for the purpose of considering
a favorable recommendation to the Morro Bay City Council for approval of a Major Modification
(MAJ20-004) to Conditional Use Permit CUP07-91 ("Project"); and
WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a public
hearing via video conference on November 9, 2021, for the purpose of considering the favorable
recommendation by the Planning Commission; and
WHEREAS, pursuant to the Governor's Executive Order N-08-21 issued on June 11, 2021
in response to the present State of Emergency in existence due to the threat of COVID-19, the
City of Morro Bay Planning Commission and the City of Morro Bay City Council are authorized to
hold public meetings via teleconferencing and all requirements in the Brown Act expressly or
impliedly requiring the physical presence of members, the clerk or other personnel of the body, or
of the public as a condition of participation in or quorum for a public meeting are hereby waived;
and
WHEREAS, notices of said 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.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
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. MAJ20-004 is exempt
under Section 15301 and 15303, Class 1e and 1g for minor alterations to existing structures;
and Class 3c for conversion of commercial structures from one use to another where the
commercial remodel of this project converting the fish processing wharf and removal to allow
for installation of new Harborwalk coastal public access where none currently exists, interior
building changes to convert 470sf of existing interior fish processing area to new retail area
from within the existing building footprint, removal of pilings and repair of existing pilings to
support the new Harborwalk would qualify for an exemption with implementation of best
management practices as evaluated in the February 1, 2019 eelgrass report prepared by
Tenera Environmental and conditioned by Planning conditions 7-9 To ensure there are no
future impacts to eelgrass, a condition of approval has been added to require an updated
eelgrass survey prior to construction of the dock and gangway replacement per the California
Eelgrass Mitigation Policy (CEMP) (Planning condition 10). Additionally, none of the
Categorical Exemption exceptions noted under Section 15300 2, apply to the project.
Conditional Use Permit Findings
A. The project will not be detrimental to the health, safety morals, comfort and general welfare
of the persons residing or working in the neighborhood in that the conversion of commercial
fish processing wharf to Harborwalk coastal public access improvements where none
currently exists, removal of pilings and repair of existing pilings to support the new Harborwalk,
conversion of 470sf of interior fishing processing area to new retail area within existing single -
story commercial visitor -serving building new 461 sf of public dining area to be located street -
facing and building facade improvements at 715 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.
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 new ten -foot -wide and
additional ten -foot -wide public bayside deck public access improvements, new 470sf retail
area, new 461 sf public outdoor dining and updated public coastal access signage, will provide
public coastal access and new amenities to a visitor -serving commercial use and is consistent
with the character of the existing development.
Waterfront Master Plan Findings
A. The proposed project makes a positive contribution to the visual and public accessibility to the
bay:
a. The proposed project provides the amenities identified in the WF Plan, facilitates
pedestrian visual and physical access to the waterfront, in that new Harborwalk
bayside lateral access is created where none currently exists providing a significant
improvement by connecting the neighboring lease site to allow for easier pedestrian
access, enjoyment, and better bay views.
b. The design recognizes the pedestrian orientation of the Embarcadero and provides an
interesting and enhanced pedestrian experience in that the project will provide new
lateral public access along the water while assisting in the Harborwalk plan to continue
public access along the waterfront via bayside lateral access. In addition, the project
recognizes the pedestrian orientation by providing a gap connection linking the lease
sites to the north and south. The project is consistent with the character of the existing
development.
c. The project gives its occupants and the public some variety in materials and/or
application in that the proposed color and materials are consistent with the character
of the building and coastal access signage will be updated to be consistent with other
Embarcadero projects in order to have consistent public access signage to promote
public awareness of coastal bayside access.
d. 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 harborwalk public lateral access improves public access and that is consistent
with the character of the existing development.
e. 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 connection point to its immediate
neighbors to the north and south.
Architectural Consideration
A. As required by Morro Bay Municipal Code Section 17.48.200 the City Council finds 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.
Precise Plan Finding
A. As required by Morro Bay Municipal Code Section 17.40.030.G, the City Council finds the
project is developed sufficiently to approve the project as a combined concept/precise plan
major modification approval of the conditional use permit.
Downtown Waterfront Specific Plan (DWSP) Finding
A. The project is consistent with the Waterfront Design Guidelines for the DWSP in that the
proposed project includes outdoor dining, exterior lighting, and coastal access signage
oriented toward pedestnans which is encouraged. The project also includes project exterior
Tight consistent with the architectural style of the building as well as public street -facing
outdoor dining and a new proposed ten -foot -wide Harborwalk bayside lateral access with an
additional ten -foot width of public bayside decking.
Section 2. Action. The City Council does hereby approve Major Modification #MAJ20-004 to
Conditional Use Permit #CUP07-91 as a combined Concept/Precise Plan approval subject to the
following conditions:
STANDARD CONDITIONS
1. This permit is granted for the land described in the staff report dated October 26, 2021,
for the project at 715 Embarcadero depicted on plans dated September 29, 2021, 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 City
Council approved plans submitted for MAJ20-004, unless otherwise specified herein.
2. Inaugurate Within Two Years: Unless the construction or operation of the structure, facility,
o r 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, 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 (the "Director"), upon finding the project complies with all applicable
provisions of the Morro Bay Municipal Code (the ' MBMC"), General Plan and certified
Local Coastal Program Land Use Plan (LCP) in effect at the time of the extension request
3. Changes: Minor changes to the project description and/or conditions of approval shall be
subject to review and approval by the Community Development Director. Any changes to
this approved permit determined, by the Director, not to be minor shall require the filing of
an application for a permit amendment subject to Planning Commission review
4. Compliance with the Law: (a) All requirements of any law, ordinance or regulation of the
State of California, the City, and any other governmental entity shall be complied with in
the exercise of this approval, (b) This project shall meet all applicable requirements under
the MBMC, and shall be consistent with all programs and policies contained in the LCP
and General Plan for the City.
5. Hold Harmless: The applicant, as a condition of approval, hereby agrees to defend,
'ndemnify, 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
o n 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
e ntitlement will constitute a violation of the MBMC and is a misdemeanor.
7. Compliance with Morro Bay Standards: This project shall meet all applicable requirements
u nder the MBMC, and shall be consistent with all programs and policies contained in the
LCP and General Plan of the City.
Building Conditions:
THE FOLLOWING CONDITIONS AND SELECTED CODE REQUIREMENTS SHALL BE MET
PRIOR TO ISSUANCE OF A BUILDING PERMIT.
A. CONDITIONS PRIOR TO THE 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
e mploy the engineer or architect responsible for the structural design, or another engineer
o r 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 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 Budding Official to work in the jurisdiction. All field reports shall be
provided to the City Building Inspector when requested at specified increments 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. 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 Alternatively, submit a completed City of Morro Bay soils report
waiver request.
6. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo
County Air Pollution Control District.
7. BUILDING PERMIT APPLICATION: To apply for building permits, submit three (3) sets of
construction plans, fire sprinkler plans, if applicable, and supplemental documents to the
Building Division.
8. The Title sheet of the plans shall include, but not limited to:
• Street address, lot, block, track and Assessor Parcel Number
• Occupancy Classification(s)
• Construction Type
• Maximum height of the building allowed and proposed
•
•
•
Floor area of the building(s)
Fire sprinklers proposed or existing
Minimum building setback allowed and proposed
9. All construction will conform to the 2019 California Building Code (CBC), 2019 California
Residential Code (CRC) 2019 California Fire Code (IFC), 2019 California Mechanical
Code (CMC) 2019 California Plumbing Code (CPC), 2019 California Electrical Code
(CEC), 2019 California Energy Code, 2019 California Green Building Code (CGBC), Title
14 and 17 of the Morro Bay Municipal Code.
(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.)
B CONDITIONS TO BE MET DURING CONSTRUCTION:
10. SITE MAINTENANCE During construction, the site shall be maintained to not infringe on
neighboring property such as debris and dust. A storm water management plan shall be
maintained through the duration of the project. The storm water management measures
such as fiber rolls silt fencing, etc. will be enforced by City staff by random site visits.
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. FOUNDATION SETBACK VERIFICATION: Prior to the placement of concrete and upon
completed form installation a licensed surveyor is required to measure and record the
distance from the proposed foundation walls to the established lot lines. The contractor
shall submit these findings in letter format to the building inspector upon the request for a
foundation inspection. Letter shall specify the findings of front, sides and rear yard
setbacks as defined in Title 17 of the MBMC. The Building Official shall have discretion on
a case by case basis for some lot types.
13. BUILDING HEIGHT VERIFICATION: Prior to roof sheathing or shear wall inspection a
licensed surveyor is required to measure and record the height of the structure. The
contractor shall submit this finding in letter format to the building inspector upon the
request for roof sheathing/shear wall inspection. Letter shall specify the recorded height
of structure as defined in Title 17 of the MBMC. The Building Official shall have discretion
on a case by case basis for some site specific projects.
14. EXISTING BUILDINGS Where windows are required to provide emergency escape and
rescue openings, replacement windows shall comply with the maximum sill height
requirements of section R310.2.2 and the minimum opening area requirements of section
R310.2.1 of the 2019 California Residential Code.
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND
ISSUANCE OF THE CERTIFICATE OF OCCUPANCY:
15. Prior to building division final approval and request for final inspection, all required
inspections from the other various divisions and departments must be completed and
venfied by a city inspector All required final inspection approvals must be obtained from
the various departments and documented on the permit card. This permit card shall then
be turned into the building division for scheduling of the final building inspection.
16. Any as -built drawings that were required by the building inspector or plans examiner must
be submitted for approval prior to the request for final inspection.
17. If structural observations were required, the final structural observation report shall be
submitted to the building division prior to issuance of the certificate of occupancy or final
inspection approval.
18. If special inspections were required, the final special inspection report shall be submitted
to the building division pnor to the issuance of the certificate of occupancy or final
inspection approval.
19. Final soils summary report from the geotechnical representative indicating compliance
with the required conditions set forth in the soils report.
20. Final T-24 energy reports (Certificates of Installation)
Fire Department Conditions:
1. Fire Safety during Construction and Demolition shall be in accordance with 2019 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. Fire Protection for Wharves docks, marinas, boat moorings. Firefighting appliances and
equipment shall be provided and maintained in an operable manner for all commercially
operated marinas and dock facilities as specified by ordinances of the city, and all installations
shall be subject to the approval of the fire marshal of the Fire Department.
Public Works Conditions:
1. Construction laydown: Show construction laydown all staging areas, point of haul-in/out
and all construction corridors to and from the construction site.
2. Pedestrian Access: Show limits of construction fencing and how pedestrian access will
be accommodated/re-routed throughout the project duration.
3. Erosion Control: Show location of silt screens and/or straw waddle needed to precent
demolition debris and sediments.
4. 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.
N o work shall occur within (or use of) the City's Right of Way without an encroachment
permit Encroachment permit application and requirements are available on the City's
website at the following location: https://www.morro-bay.ca.us/197/Public-Works.
Planning Conditions:
1. A Coastal Development Permit shall be submitted to the Community Development
Department prior to issuance of a building permit.
2. Prior to issuance of a building permit, the Applicant shall either acquire all required
regulatory permits and authorizations (i e. U.S. Army Corps of Engineers, Regional Water
Q uality Control Board, California Department of Fish and Game), or submit documentation
that such permits are not required.
3. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the
final Conditions of Approval for both the Conditional Use Permit and the Coastal
Development Permit 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. Inspection: The applicant shall comply with all City conditions of approval and conditions
mposed 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.
5. The public access closure shall be limited to no more than 45 days. Any extension of
public access closure beyond 45 days shall be subject to review and approval by the
Community Development Director.
6. The Harborwalk railing shall be a cable railing design to match with the lease site to the
north and consistent with the design guidelines of the Downtown Waterfront Strategic Plan
subject to the satisfaction of the Community Development Director.
N on -conforming signs, including window signs as discussed in the September 14, 2021
staff report shall be removed or otherwise conform to the Sign Ordinance (MBMC 17.68).
8. A project -specific Oil Spill Response and Recovery Plan that includes specifics on
reporting and response procedures, available on -site equipment and contracted services,
and responsibilities shall be completed and approved prior to the initiation of construction
activities. Specifically, the project shall include the following Best Management Practices
(BMPs) and shall be included on building plans submitted for approval:
a. No refueling of equipment without adequate containment and spill response
equipment. The barge shall have only double contained fuel storage below decks,
with the spill containment and clean up kits on -site and easily accessible Spill
containment and clean up kits shall include the following:
b. 150 feet Absorbent Boom 200 square feet Absorbent Tarp (for use during pile
driving / removal operations where applicable)
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 removal and repair operations shall be in good
condition without fuel or oil leakage.
k. Should any equipment begin to leak, that equipment shall be removed immediately
from the barge and repaired or replaced.
I. All vessels shall have portable regularly serviced sanitation equipment. No
overboard discharge is permitted.
9. Netting or fencing around and underneath the project site shall be installed as applicable
to catch and remove debris released during and after construction.
10. 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
11 Eelgrass —Applicant shall be subject to the California Eelgrass Mitigation Policy (CEMP)
which requires that a pre -construction survey shall be completed within 30-60 days prior
to issuance of a building permit unless otherwise waived under the Army Corps permitting
requirements or deemed not required by the Army Corps A Post -construction survey, if
required by the CEMP, shall be completed within 30 days of construction completion or as
otherwise determined by the National Marine Fisheries Service (NMFS) in order to
determine amount of impact if any and CEMP-required annual reporting and mitigations.
Any change in eelgrass extent shall be documented and reported to the Community
Development Director. If the report identifies a reduction in eelgrass coverage then a plan
shall be prepared to identify the appropnate 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.
12. Harborwalk Bayside Lateral Public Accessway. The bayside lateral access, also known
as the Harborwalk shall maintain a 10-foot-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 seating not otherwise approved within the ten foot bayside
lateral access shall be prohibited
13. No restaurant condiments or table setups shall be allowed at the outdoor public dining
area.
14. View Corridor. The required view corridor between the buildings at 701 and 715
Embarcadero 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 view corridor and public dining area.
Planning Commission revised conditions 15-16 and added conditions 17-23 at 10/5/21
meeting
15. Public outdoor street -facing dining tables shall be affixed to the ground to avoid movement
outside of the approved seating area as shown on project plans dated September 29
2021 and shall be limited to no more than 4 tables total as shown in the alternate table
layout option on project plan sheet A1.3.
16. Final building elevations submitted for building permit approval shall include added glazing
in the form of window/door area that equals a minimum of 20% of the square footage of
the west facing retail unit's wall area including the new retail unit's door and glass panel
at northwest corner of the building.
17. Umbrellas for public outdoor street -facing tables shall be consistent with future City policy
guidelines for Embarcadero street furniture design. Umbrellas shall be replaced at the time
of building permit issuance to the satisfaction of the Community Development Director.
18. Prior to building permit issuance, Applicant shall submit a landscaping plan for the street -
facing plaza that includes all planter areas including movable pots and and planters with
objective of being as clutter free as possible.
19. Street -facing tables shall include no -smoking signs such as a circular graphic that
illustrates smoking not allowed.
20. Plans submitted for building permit approval shall include a final plan for the Harborwalk
that includes slope profiles including in the areas where the harborwalk connects with
adjacent lease sites Plan shall be reviewed and approved bythe Community Development
Director prior to building permit issuance. Plan shall also be reviewed by Planning
Commissioner Roschen.
21. Project plans shall be revised to preserve existing wharf planking and edge curbs for the
portion of the wharf that is to remain. Relocate edge curbs to the new footprint on the
inside of guardrail.
22. Lighting shall be revised to a warm kelvin color consistent with future City policy guidelines
for public area design on the Embarcadero.
23. Existing hoist on the commercial fishing wharf shall be preserved to the greatest extent
feasible. Applicant shall work with Staff to identify options for preservation and possible
storage.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 9t" day of November 2021 on the following vote:
AYES* Headding, Addis, Barton, Ford, Heller
NOES* None
ABSENT: None
ABSTAIN: None
ATTEST
DA S ANSON, City Clerk
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JOH !HE''r ► BING-,Mayor