HomeMy WebLinkAboutReso 03-15RESOLUTION NO.03-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF AN APPEAL AND UPHOLDING THE DIRECTOR'S DECISION
TO DENY A TIME EXTENSION REQUEST FOR
PARKING EXCEPTION ADO-075 AT 1000 RIDGEWAY AVENUE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on October 17, 2012, the Planning Commission approved a parking
exception reducing the garage setback to 11 feet where 20 feet is required (ADO-075); and
WHEREAS, Parking Exception Permit ADO-075 ("Permit") was valid for a period of
two years and would automatically become null and void on October 14, 2014; and
WHEREAS, Cathy Novak, acting as representative for Reed Adamson, submitted a 1-
year time extension request on September 4, 2014; and
WHEREAS, the conditions of approval for the Permit provide the Public Services
Director "may" exercise discretion whether to proceed with granting an extension; and
WHEREAS, if he chose to exercise his discretion, the conditions for the Permit only
allow the Planning Services Director to grant an extension upon finding "the project" complies
with all applicable provisions of the Morro Bay Municipal Code, General Plan, and Local
Coastal Program Land Use Plan in effect at the time of the extension request; and
WHEREAS, at all times since the time of the request for an extension there have been no
pending application or approved entitlements for a "project" to develop the property located at
1000 Ridgeway Avenue on file with the City;
WHEREAS, the property located at 1000 Ridgeway Avenue can be developed without a
Parking Exception Permit; and
WHEREAS, denial of the application for extension would not preclude the owner from
seeking another such permit at some future date when a development project was actually filed
with the City; and
WHEREAS, as designee of the Planning Services Director, the Planning Manager
denied the time extension request on September 5, 2014 based on these and other grounds; and
WHEREAS, Reed Adamson submitted an appeal of the denial on September 15, 2014;
and
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City Council Resolution #03-15
Page 2
WHEREAS, the Planning Commission of the City of Morro Bay, on November 4, 2014
adopted Resolution 26-14 denying the appeal and upholding of the Planning Manager's decision
to deny a time extension request for parking exception (Permit ADO-075).
WHEREAS, the appellant, Reed Adamson, on November 14, 2014 filed an appeal of the
Planning Commission action denying the appeal of the Planning Manager's decision to deny the
time extension of Permit ADO-075.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, whether written or oral,
including without limitation, the testimony of the appellant, interested parties, written petitions,
consultants, City staff and all written and oral evaluations and recommendations by staff,
presented at the January 13, 2015 hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, as follows:
Section 1: Findings. Based upon all the evidence, the Council makes the following findings:
California Environmental Quality Act (CEQA)
1. Pursuant to the California Environmental Quality Act Guidelines Section 15270, CEQA
does not apply to projects that are disapproved or denied by the approval body.
Time Extension Request Denial
1. The Planning Service's Director had independent discretion to deny the extension, he was
not required to grant the extension even if the findings required by the Permit could be
made, and without affirmative approval by the Director the Permit would automatically
become null and void by its own terms.
2. As of the time of the extension request there have been no pending applications or
approved entitlements for a "project" to develop the property located at 1000 Ridgeway
Avenue on file with the City. As such, an extension was also not warranted as the
Director could not find there was a "project" that would comply with all applicable
provisions of the Morro Bay Municipal Code, General Plan, and Local Coastal Program
Land Use Plan as required by the Permit.
The property located at 1000 Ridgeway Avenue can be developed without a Parking
Exception Permit.
4. Denial of the extension would not preclude the approval of a future Parking Exception
Permit. A parking exception can be resubmitted along with any future application for
development of the subject lot, if so desired.
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City Council Resolution #03-15
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Section 2. Action. The City Council does hereby uphold Planning Commission's denial of the
appeal, thereby upholding the Planning Services Director's decision to deny the Time Extension
request for Parking Exception ADO-075.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 13t' day of January, 2015 on the following vote:
AYES:
Irons, Headding, Johnson, Makowetski, Smukler
NOES:
None
ABSENT:
None
ABSTAIN:
None
�L.
J IE L. IRONS, Mayor
ATTEST:
Gam_ SA-*l t c tli
DANA SWANSON, City Clerk
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