HomeMy WebLinkAboutReso 08-24 801 Embaradero Conditional Use PermitRESOLUTION NO. 08-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING COMBINED CONCEPT/PRECISE PLAN CONDITIONAL
USE PERMIT APPROVAL (#CUP22-09) FOR DEMOLITION AND
RECONSTRUCTION OF TWO-STORY WITH BASEMENT MIXED -USE
BUILDING INCLUDING RESTAURANT, COFFEE SHOP, BREWING AREA, 7
UNIT HOTEL, OUTDOOR DINING, RECONSTRUCTION OF NEW SIDE -TIE
DOCK AND GANGWAY, MASTER SIGN PROGRAM APPROVAL,
HARBORWALK AND PUBLIC ACCESS IMPROVEMENTS, INCLUDING
REMOVAL OF 11 PUBLIC PARKING SPACES IN STREET -END FOR
CREATION OF NEW PUBLIC PLAZA,
AT 801 EMBARCADERO, LIBERTINE BREWING
(CITY LEASE SITE 86 AND 86W).
THE CITY COUNCIL
City of Morro Bay, California
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 December 19, 2023,
for the purpose of considering a combined Concept/Precise Plan approval of Conditional Use
Permit #CUP22-09 ("the Project"); and
WHEREAS, the City's City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on January 23, 2024, pursuant to the Planned
Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for the purpose
of considering the Project for 801 Embarcadero, also known as the Libertine Brewing Company,
in an area within the original jurisdiction of the California Coastal Commission; and
WHEREAS, notices of the public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the Applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1: Findings. Based upon all the evidence, the Council makes the following findings:
California Environmental Quality Act (CEQA)
A. That for purposes of the California Environmental Quality Act, Case No. CUP22-09 is
categorically exempt under Section 15302, Class 2b where under replacement of
reconstruction of commercial structure with a new structure of substantially the same, size,
purpose, and capacity is allowed for which the proposed Harborwalk Plaza project would
quality for an exemption. In addition, an eelgrass survey was performed on October 16, 2022
which found no eelgrass growing in the proposed waterfront project area. The project will be
subject to marine mammal monitoring during construction with implementation of best
management practices (BMPs) as conditioned by Planning conditions 10-15. Additionally,
none of the Categorical Exemption exceptions, noted under section 15300.2, apply to the
project.
CONDITIONAL USE PERMIT FINDINGS
A. The project will not be detrimental to the health, safety, morals, comfort and general welfare
of the persons residing or working in the neighborhood in that demolition/reconstruction of
mixed use two story building of 7 hotel units and ground floor restaurant and coffee shop uses
with reconstructed dock system at 801 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 hotel use, new
restaurant, coffee shop, outdoor dining, reconstructed side -tie dock and gangway along with
public plaza will provide a visitor -serving recreational opportunity which will provide additional
benefit and improvement to a visitor -serving commercial use and is consistent with the
character of the existing development.
Waterfront Master Plan Findings
A. The proposed project makes a positive contribution to the visual and public accessibility to the
bay while increasing and maintaining commercial fishing industry:
1. Meets the Waterfront plan height limit and maximum building coverage, bulk, and scale
requirements in that the proposed project does not exceed the maximum height
allowed and interesting articulation breaks up the bulk and scale, and complies with
roof sloping requirements.
2. In the case of granting height greater than 17 feet, the proposed project also provides
significant public benefit pursuant to the Planned Development Overlay zone
requirements in that the proposed project is providing significant public benefit in the
form of a 15 foot wide Harborwalk where 10 foot is the requirement, a second floor
public viewing deck, publicly accessible dock, and creation of public plaza
improvements and event space.
3. The proposed project provides the amenities identified in the WF Plan, facilitates
pedestrian visual and physical access to the waterfront, and takes advantage of
outward views and characteristics of the topography in that the buildingincluding a
2"d level open public viewing deck, adding new public coastal access signage,
improved overall commercial signage aesthetics through the sign program
proposed for the new building, provides overnight accommodations, and
preserves scenic vistas at the street ends which enhances public amenities in
this areas with the creation of the public plaza. The open second floor public
viewing deck enhances the views as seen from the bluff top looking across the building
towards the bay.
4. The proposed project makes a positive contribution to the working fishing village
character and quality of the Embarcadero area in that the new project will add to the
pedestrian orientation with outdoor dining area, public plaza improvements, which will
maintain and enhance views of the bay.
5. The proposed project recognizes the pedestrian orientation of the Embarcadero and
provides an interesting and varied design that will enhance the pedestrian experience
in that the new building will open up to the passing pedestrian through creation of 15
foot Harborwalk/bayside lateral access where none currently exists.
6. The project gives its occupants and the public some variety in materials and/or
application in that the building will consist of composite wood and shiplap siding, corten
panels and standing seam metal roof and the outdoor dining area will be bordered by
drought tolerant landscaping in an attractive planter area.
7. The project contains the elements of harmony, continuity, proportion, simplicity, and
balance, and its appearance matches its function and the uses proposed in that the
new structure will provide more horizontal and vertical articulation, provide bay views
with the second level public viewing deck, and creation of 15-foot wide
Harborwalk/bayside lateral access all of which provides articulation that is consistent
with the character of the waterfront.
8. The proposed project does not diminish, either directly or by cumulative impact of
several similar projects, the use, enjoyment, or attractiveness of adjacent buildings
and provides a visual and pedestrian transition to its immediate neighbor in that the
existing and new construction is in keeping with the architectural style, massing,
materials, scale, and use of its surroundings.
Planned Development Overlay Finding
A. The Planning Commission finds the project as conditioned with the provision of public
benefits including 15 foot Harborwalk where 10 foot is otherwise required, second floor
public viewing deck, publicly accessible dock, and creation of public plaza improvements
and event space in the adjacent street end constitutes greater than normal benefits and
warrants modification of standards to allow a reduction in the second floor front setback,
a small encroachment into the required diagonal view corridor at the southwest building
corner, allow projecting pub signs as shown on project plans on the east and north
elevation to be located less than 30 feet apart, less than 15 feet from edge of fagade, and
less than the minimum 4 square feet in size if desired by the applicant, and also to allow
building height up to 25 feet where otherwise 17 feet would be the standard building height.
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.
Design Review Finding
A. Pursuant to 2022 Zoning Code Chapter 17.38, the Planning Commission finds that
the overall design of the project including its form, scale, massing, site plan, exterior
design, and landscaping will implement the General Plan Vision for Community Character
Areas for the particular area in which it is located as well as complement the natural and
built features of surrounding properties and incorporate sustainable development features.
B. The project design is appropriate to the function of the project and will provide an attractive
and comfortable environment for occupants, visitors, and the general community.
C. Project details, materials, signage and landscaping, are internally consistent, fully
integrated with one another, and used in a manner that is visually consistent with the
proposed architectural design.
D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is
consistent with the intended character of the area.
E. Hardscape areas are designed and developed to buffer surrounding land uses;
compliment pedestrian -oriented development; enhance the environmental quality of the
site, including minimizing stormwater run-off and the heat-island effect; and achieve a
safe, efficient, and harmonious development.
F. Lighting and lighting fixtures are designed to complement buildings, be of appropriate
scale, provide adequate light over walkways and parking areas to create a sense of
pedestrian safety, avoid creating glare, and conform to dark sky principles.
G. Landscaping is designed to be compatible with and enhance the vision for the Community
Character Area in which the development is located as well as the architectural character
and features of the buildings on site.
Downtown Waterfront Strategic Plan Finding
A. The Planning Commission finds that the project as proposed is consistent with the
Waterfront Specific Design Guidelines in the 2018 Downtown Waterfront Strategic Plan as
evaluated in the staff report. The project redesigns the lease site with the demolition and
reconstruction of the existing two story building and improves the view corridor and
improves overall public views through to the Bay. The project proposes design materials
consistent with the fishing village character of the community and consistent with the
materials of the adjacent lease site. The project proposes diagonal view corridors, and
provides 15 feet of Harborwalk bayside lateral access where none currently exists. The
project proposes a nautical design theme through the proposed commercial signage. The
project as conditioned includes enhanced amenities such as a new public plaza, benches
and informational signs, and the project also proposed appropriate lighting to encourage
safety and comfort, but with downcast, shielded lighting fixtures.
Section 2. Action. The Planning Commission does hereby approve. Conditional Use Permit
#CUP22-09 subject to the following conditions:
STANDARD CONDITIONS
A. This permit is granted for the land described in the staff report dated December 11, 2023,
for the project at 801 Embarcadero depicted on plans dated November 1, 2023, 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 CUP22-09, unless otherwise
specified herein.
B. 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 "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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Compliance with Mono 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.
H. Conditions of Approval: The Findings and Conditions of Approval shall be included as a
full-size sheet in the Building Plans.
BUILDING CONDITIONS:
A. PRIOR TO ISSUANCE OF A BUILDING PERMIT:
1. Building permit plans shall be submitted by a California licensed architect or engineer
when required by the Business & Professions Code, except when otherwise approved by
the Chief Building Official.
2. The owner shall designate on the building permit application a registered design
professional who shall act as the Registered Design Professional in Responsible Charge.
The Registered Design Professional in Responsible Charge shall be responsible for
reviewing and coordinating submittal documents prepared by others including phased and
staggered submittal items, for compatibility with design of the building.
3. The owner shall comply with the City's Structural Observation Program. The owner shall
employ the engineer or architect responsible for the structural design, or another engineer
or architect designated by the engineer of record or architect responsible for the structural
design, to perform structural observation as defined in Section 220. Observed deficiencies
shall be reported in writing to the owner's representative, special inspector, contractor and
the building official. The structural observer shall submit to the building official a written
statement that the site visits have been made and identify any reported deficiencies that,
to the best of the structural observer's knowledge, have not been resolved.
4. The owner shall comply with the City's Special Inspection Program. Special inspections
will be required by Section 1704 of the California Building Code. All Special Inspectors
shall first be approved by the Building Official to work in the jurisdiction. All field reports
shall be provided to the City Building Inspector when requested at specified increments in
order for the construction to proceed. All final reports from Special Inspectors shall be
provided to the Building Official when they are complete and prior to final inspection.
5. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo
County Air Pollution Control District.
6. A soils investigation performed by a qualified professional shall be required for this project.
All cut and fill slopes shall be provided with subsurface drainage as necessary for stability;
details shall be provided. Alternative, submit a completed City of Morro Bay soils report
waiver request.
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. Occupancy Classifications)
b. Construction Type
c. Maximum height of the building allowed and proposed
d. Floor area of the building(s)
e. Fire sprinklers proposed or existing
f. Minimum building setback allowed and proposed
All construction will conform to the 2022 California Building Code (CBC), 2022 California
Residential Code (CRC), 2022 California Fire Code (IFC), 2022 California Mechanical
Code (CMC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code
(CEC), 2022 California Energy Code, 2022 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:
BUILDING DIVISION:
1. SITE MAINTENANCE. During construction, the site shall be maintained so as to not
infringe on neighboring property, such as debris and dust.
2. 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.
3. 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.
4. 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.
5. 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 2022 California Residential Code.
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF
CERTIFICATE OF OCCUPANCY:
BUILDING DIVISION:
1. 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.
2. 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
verified 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.
3. 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.
4. 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.
5. If special inspections were required, the final special inspection report shall be submitted
to the building division prior to the issuance of the certificate of occupancy or final
inspection approval.
6. Final soils summary report from the geotechnical representative indicating compliance
with the required conditions set forth in the soils report.
7. Final T-24 energy reports (Certificates of Installation).
Fire Department Conditions:
1 Fire Protection Systems and Equipment. An approved automatic fire sprinkler system shall be
provided throughout this project, pursuant to Morro Bay Municipal Code, Section 14.60.200.
2. Submit all plans and specification sheets for the required automatic fire sprinkler system to the
Fire Department for review and approval prior to installation. Sprinkler plans shall be submitted
prior to issuance of a Building Permit. The sprinkler system shall be in accordance with NFPA
Standard 13. All Marine floating docks and gangway construction shall be in accordance with
Morro Bay Municipal Code, Chapter 14.52 and 2007 California Fire Code (Section 905), a
Class II I Standpipe System is Required for the proposed Floating Dock.
3. Fire Alarms. Plans and specifications for the automatic fire sprinkler system and fire alarm
system shall be submitted to the Fire Department for review and approval. (CFC 1001.3 and
1001.4) The fire sprinkler and alarm systems shall be supervised by a central station and
constructed in accordance with NFPA 72.
4. Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided, at least
one elevator shall be provided for fire department emergency access to all floors. The elevator
car shall be of such a size and arrangement to accommodate an ambulance stretched 24-
inches by 84-inches with not less than 5-inch radius comers, in the horizontal, open position
and shall be identified by the international symbol for emergency medical services (star of life).
The symbol shall not be less than 3-inches high and shall be placed inside on both sides of the
hoist way door frame. (MBMC 14.08.090)
Public Works Conditions:
The following Public Works conditions shall be satisfied prior to Building Plan submittal:
1. Lease Line Adjustment: A lease line adjustment is required to extend western lease line
due to the proposed lease boundary line adjustments and requires payment of fees, a
legal description and lease exhibit created by a licensed surveyor, a City Council
Resolution approving the lease line adjustment, and a signed agreement recorded with
the County. (MBMC 8.14.020)
2. Right of Way: A Special Encroachment Permit Agreement is required for structures and
new design items within the city right way (where public parking current exists). (MBMC
8.14.020)
3. Stormwater Management: The City has adopted Low Impact Development (LID) and Post
Construction requirements. All proposed projects must complete the "Performance
Requirement Determination Form" to determine if any requirements should be submitted.
The requirements can be found in the Stormwater management guidance manual on the
City's website: https://www.morrobayca.gov/DocumentCenter/View/11828/MB-
Stormwater-Management-MAIN-Manual (MBMC 14.48.140)
4. Frontage Improvements: The installation of frontage improvements and upgrades to
deteriorated frontage improvements are required. Show the installation of a City standard
driveway approach per detail B-6, 8-foot minimum sidewalk per detail B-5, curb and gutter
per B-1, and curb ramps per Caltrans detail A88A. Show and label 18" asphalt cutback at
all portions of curb and gutter to be replaced. (MBMC 14.44.020)
5. Frontage Improvements: Spot elevations on Topographic Map suggest sidewalk cross -
slope exceeds 2%. Show on plans replacement of all nonconforming sidewalks with ADA
compliant sidewalks per Caltrans DIB 82-06 4.3.5(1).
6. Sewer Lateral: Indicate and label if private sewer lateral pipe will be replaced or to remain
in place. If the existing sewer lateral is proposed to remain in place, then perform a video
inspection of the lateral (from the clean -out at structure to the connection at the sewer
mainline pipe) and submit to Public Works via flash drive, prior to building permit plan
approval. Requirements for the sewer video inspection can be located on the City's
website at the following location: https://www.morro-
bay. ca. us/DocumentCenter/View113500/Private-Sewer-Line-Video-Requirements.
Lateral shall be upgraded, repaired or replaced as required to prohibit inflow/infiltration.
All repairs or replacements identified from sewer video, shall be noted on approved set of
plans, prior to plan approval. (MBMC 14.07.030)
7. Sewer Backwater Valve: Indicate and label sewer backwater valve on plan. A backwater
valve, extended to and accessible from grade for maintenance, shall be installed on every
Building sewer. Exception: Installation of backwater valve shall not be required when, to
the satisfaction of Building Official, it is determined that the intent and purpose of this
section is otherwise met. (MBMC 14.07.010.C).
8. 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. Guidelines for the control plan may be found on
the City's website at the following location:
hftps://www.morrobayca.gov/documentcenter/view/462
9. Water Meter: Indicate on plans location and sizes of both water meter and water lateral.
Coordinate sizes with Fire Sprinkler plans as necessary. (MBMC 13.04.010 &
14.04.010.C)
10. Water Backflow Prevention Device: Verify and label all new or existing water backflow
preventers. Water backflow preventer 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 required to be an approved domestic
water backflow prevention device. (MBMC 13.08.040)
11. 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. Clarify how runoff around structure will be directed to City right-of-
way. (CBC 107.2.1)
12. Utilities: Show all existing and proposed locations of the sewer lateral, water service, and
water and sewer mains on the building plans. Include sizes where appropriate. Note the
location of all overhead utilities and construction underground service entrances per the
CBC.
13. Debris Barrier: A Floating Debris Barrier shall be installed around the waterside perimeter
of the construction site and maintained throughout the duration of the project. Note the
beginning and end termini of the Floating Debris Barrier on Construction Plans. Silt
screens and/ or straw waddles may be needed to prevent demolition/repair debris and
sediments from entering the bay in the area of the piling repairs. The location of screens
and waddles in this area should also be noted on the plans.
14. Flood Zone Requirements: A Flood Hazard Development Permit is required. The City's
Flood Hazard Prevention Ordinance describes the requirements to obtain this permit.
Pertinent requirements include, but are not limited to:
a) Per Section 14.72.050 A.3.a., new or substantial improvement construction, shall
have the lowest floor (including basement) elevated two feet above the base flood
elevation. Elevation data shall be based on NAVD 1988.
b) Submit a FEMA Elevation Certificate which will indicate the base flood elevation to
be used with the proposed construction drawings. (Prior to Final Sign -off, submit an
Elevation Certificate to indicate the finish elevations of the completed building.)
c) Verify that all mechanical and electrical machinery and controls (heating, A/C, etc.)
is above BFE or flood proofed.
Add the following Notes to the Plans:
1. 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.
2. No 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.
�riveway
A standard encroachment permit shall be required for the proposed driveway; the
shall comply with B-9 (Driveway Ramps: Size & Location).
• A sewer encroachment permit shall be required for any repairs or installation of a
sewer lateral within the City right-of-way or within a utility easement.
• If a construction dumpster is used, the dumpster location shall be on private
property, unless allowed by a temporary encroachment permit within the City right-of-way.
Planning Conditions:
1. A Coastal Development Permit shall be submitted to the Community Development
Department prior to issuance of a building permit.
2. Inspection: The applicant shall comply with all City conditions of approval and conditions
imposed by the California Coastal Commission and obtain final inspection clearance from
the Planning Division at the necessary time in order to ensure all conditions have been
met.
3. Bayside Lateral Public Accessway (Harborwalk). The bayside lateral access, also known
as the Harborwalk, shall maintain a minimum 15-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 restaurant seating within the 15 foot lateral
access shall be prohibited.
4. Floating dock. The floating dock shall be publicly available for general public pedestrian
access and either short-term or long-term use by recreational or commercial boats. Signs
discouraging the public from walking on the docks during daylight hours are prohibited.
The dock shall be open to the general public during at least daylight hours (i.e. one hour
before sunrise to one hour after sunset).
5. Dock material as shown on Project Plans dated November 1, 2023 shall be revised with
the building plan submittal to be composite decking material in lieu of fiberglass decking
in order to have consistent materials pursuant to the DWSP design guidelines unless
otherwise required by the preconstruction eelgrass survey and the California Eelgrass
Mitigation Policy (CEMP).
6. The second floor public view deck as part of the public benefit shall be made open and
available to the public during daylight hours.
7. Historical interpretive sign copy shall be reviewed and approved by the Community
Development Director prior to issuance of the building permit.
8. Twenty five percent of hotel rooms shall be set at rates equal to the City's area low-cost
threshold pursuant to LUP Policy LU-6.5 or as otherwise approved consistent with the coastal
development permit. The low cost threshold would be established based on the City's Lower
Cost Visitor Serving Accommodations Technical Memorandum, or Smith Travel Research data
or not to exceed 75 percent of the prior year's statewide average daily rate.
9. The diagonal view corridors at southwest and southeast building comers 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 required view corridor.
10. Eelgrass —Applicant shall be subject to the California Eelgrass Mitigation Policy (CEMP)
which requires that a pre -construction survey shall be completed within 30-60 days prior
to issuance of a building permit. Post -construction survey shall be completed within 30
days of construction completion or as otherwise determined by the National Marine
Fisheries Service (NMFS) in order to determine amount of impact if any and CEMP-
required annual reporting and mitigations. Any eelgrass habitat shall be documented and
reported to the Community Development Director. If the report identifies a reduction in
eelgrass coverage then a plan shall be prepared to identify the appropriate mitigations
necessary and in line with the specifications for mitigation of eelgrass habitat as provided
for in the California Eelgrass Mitigation Policy, dated October 2014 or successor guiding
document.
11. A Marine Wildlife Contingency Plan shall be developed and approved by the City of Morro
Bay prior to the initiation of pile driving activities. This plan shall describe specific methods
that will be used to reduce pile -driving noise. Power to the pile driver shall be ramped up
to allow marine wildlife to detect a lower sound level and depart the area before full -power
noise levels are produced. The plan shall identify a USFWS-approved biologist to monitor
all construction within the water -lease area who shall be retained by the applicant. The
plan shall describe on -site marine wildlife monitoring and reporting requirements as well
as identify specific conditions when the biological monitor shall be allowed to stop work,
such as observance of a marine mammal within 100 feet of the project area. The biologist
shall be responsible to monitor for compliance with all environmental mitigation measures,
and regulatory permit conditions (as applicable). The approved biological monitor shall be
present onsite during construction and shall have the authority to stop construction if any
individuals of southern sea otter are seen within 100 feet of the project area. Construction
will be allowed to resume after sighted otters have left the 100-foot radius of the project
area. The species shall not be disturbed or forced from the project site by equipment,
noise, or other disruptive activity. The monitor will have discretionary authority to
temporarily halt the project if it is determined that the otter, or other marine mammal, could
be affected by the project, even if the animal is beyond the 100-foot boundary. All
construction crew employees shall be informed on the requirements of this condition.
12. 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 operations)
c. Barrel Absorbent Pads
d. Container Absorbent Granules
e. Rainwater runoff pollution from equipment stored on deck shall be prevented
through ongoing equipment maintenance and appropriate double containment.
f. The work area shall be contained within a boom to prevent debris from falling into
the water.
g. All equipment fueling shall take place on the barge, with containment in -place. No
refueling between vessels shall occur.
h. An Absorption Tarp shall be placed underneath any portable equipment while in
use.
i. No equipment shall be permitted to enter the water with any petroleum products.
j. All equipment used during pile driving operations shall be in good condition without
fuel or oil leakage.
k. Should any equipment begin to leak, that equipment shall be removed immediately
from the barge and repaired or replaced.
I. All vessels shall have portable, regularly serviced sanitation equipment. No
overboard discharge is permitted.
13. Prior to issuance of a building permit, a pile driving plan and hydroacoustical noise
mitigation plan shall be submitted to the Community Development Director to ensure that
underwater noise generated by pile driving activities is minimized to the maximum extent
feasible and does not exceed: (1) an accumulated 187 dB SEL as measured 5 meters
from the source; and (2) peak dB above 208 dB as measured 10 meters from the source
as determined by the Fisheries Hydroacoustic Working Group. In the instance anything
other than a vibratory hammer is to be used for pile driving activities, the plan shall provide
for a hydro -acoustical monitor to ensure that underwater noise generated by pile driving
activities does not exceed such limits. The plan shall identify the type of method used to
install pilings. Vibratory hammers shall be used where feasible; if another method is used,
a bubble curtain shall be employed to contain both noise and sediment. The plan shall
also provide for additional acoustical BMPs to be applied if monitoring shows underwater
noise above such limits (including, but not limited to, alternative pile driving methods
(press -in pile placement, drilling, dewatered isolation casings, etc.) and additional noise
dampening measures (sound shielding and other noise attenuation devices).
14. Netting or fencing around and underneath the project site shall be installed to catch and
remove debris released during and after construction.
15. 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.
16. Exterior lighting fixtures shall include specifications on the building plans submittal for
approval consistent with Zoning Code section 17.14.090 that ensure exterior lighting is
cut-off, shielded, or downward fixtures and is between 2600 and 3500 Kelvin and has a
CRI of 85 or greater.
17. A minimum of three trash cans with self -closing lid or other bird deterrent as approved by
the Community Development Director shall be identified on plans to be included with the
building permit submittal.
18. A 4-8 capacity public bike rack shall be installed on the site and placed so as not to impede
public pedestrian flow. Location and brand of bike rack shall be included with the building
permit submittal. Bike rack shall be consistent with other City facilities or as otherwise
approved by the Community Development Director.
19. Two benches available for general public use shall be located in the general public plaza
area.
20. Building plans submitted for approval shall meet all accessibility requirements to both
adjacent lease site and public ways and match the grades without requirement for
handrails providing a smooth transition between lease sites.
Planning Commission conditions 21 and 22 added on December 19, 2023:
21. Exterior stairs along the south elevation shall be adjusted so there is clear 10-foot wide
vertical access with minimum 8 foot clearance height.
22. The alternate second floor plan which shows two hotels rooms facing the bay as presented
at the December 19, 2023 Planning Commission meeting shall be incorporated into the
revised plan set for City Council CUP review.
23. Signage shall be added to entrance of publ;c view deck and at street level announcing
public access. Form and design of signage shall be consistent with the approval public
coastal access signs as approved by the California Coastal Commission. Final public
access signs shall be included and shown on the building permit plans and shall denote
all signage locations.
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24. A railing not to exceed 42 inches in height shall enclose the outdoor dining tables located
on the west side of the building to prevent tables from encroaching into the required 15
foot Harborwalk lateral access. Design of the railing shall be included on building permit
plans and approved by the Community Development Director.
City Council conditions 25 and 26 added on January 23, 2024:
25. Plaza improvements shall be deferred until a relocation plan is prepared that addresses
relocation of parking spaces; or unless relocation of parking spaces for street ends is
identified and included with approval of the future Waterfront Master Plan update. Deferral
of the plaza improvements shall be included in the lease for the subject property. Plaza
improvements shall be installed within 24 months of an approved relocation plan for the
relocated parking spaces. Upon written determination by the City Manager and the
Community Development Director, that parking relocation is unlikely, including but not
limited to, through anticipated untimely delay of the waterfront master plan update,
Applicant will within 30 calendar days deposit into the City's general fund for use in Harbor
area by City a sum equal to the total amount of plaza improvement cost as reasonably
determined by the Community Development Director based upon industry standards. If
within 14 months after the building permit is issued for Applicant's project, plaza
improvements have not been determined by the City to move forward then Applicant has
the option of depositing said sum to the City, rather than waiting for a determination on
whether or not parking relocation will or will not occur.
26. Staff will investigate ability to place an ADA parking space along the frontage or within
street end and/or a passenger drop off loading zone space with priority toward providing
an ADA parking space.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on this 231 day of January, 2024, on the following vote:
AYES:
Wixom, Landrum, Barton, Edwards, Ford
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
CARLA WIXOM, Mayor
ATTEST
An-Fo1
�
SW NSON, City Clerk