HomeMy WebLinkAboutReso 51-18 Virg's Landing Appealmobluiis T
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
DENYING AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF AMENDMENT
#A00-054 TO PRECISE PLAN CONDITIONAL USE PERMIT (UPO-284) FOR PLACEMENT
OF A SEASONAL KIOSK FOR THE VIRG'S LANDING BUSINESS AT 1001 FRONT STREET.
WHEREAS, the Planning Commission of the City of Morro Bay conducted a public
hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on April 17,
2018, for the purpose of considering an Amendment (A00-054) to the Precise Plan approval of
Conditional Use Permit #UPO-284 ("the Project"); and
WHEREAS, on April 17, 2018, the Planning Commission of the City of Morro Bay
adopted Resolution 12-18 to approve an amendment (A00-054) to Precise Plan Conditional Use
Permit (UPO-284); and
WHEREAS, on April 27, 2018, an appeal of the Planning Commission action to approve
the project was filed with the City of Morro Bay by Dustin Tardiff on behalf of Wade Gavin
specifically requesting the City Council overturn the Planning Commission's approval and deny
the project; and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on June 26, 2018, to consider an appeal of the
Planning Commission's approval of the project, located in an area within the original jurisdiction
of the California Coastal Commission; and
WHEREAS, notices of said public hearing were made at the time .and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
recommendations made by the Planning Commission, the testimony of the Appellants, the
testimony of the business owner, 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 upholding the Planning Commission Approval
A. The Amendment (A00-054) to Precise Plan Conditional Use Permit for Project UPO-284 was
approved in a manner consistent with the City's General Plan, Local Coastal Program and
Zoning Ordinance.
B. The Virg's Landing Kiosk is located on private property at 1001 Front Street and is a
subtenant of the property owner, Giovanni deGarimore with that portion of 1001 Front St
which is within the boundaries of City lease site 102/102W located on the waterside and not
part of the Virg's Landing kiosk location as shown on project plans reviewed by the Planning
Commission on April 17, 2018.
C. The six conditions added by the Planning Commission at the April 17, 2018 meeting were
added to address issues of public access, business performance, location, and aesthetics
which found for approval as conditioned. The project conditions as added were thoroughly
discussed and clearly articulated at the end of the hearing.
Section 2: Findings. Based upon all the written and oral testimony and evidence presented to
the Council at and for the above public hearing, the City Council makes the findings as included
in Resolution 52-18.
Section 3. Action. The City Council does hereby deny the appeal filed on April 27, 2018 by
Dustin Tardiff on behalf of Wade Gavin and uphold the Planning Commission approval of
Amendment #A00-054 to Precise Plan Conditional Use Permit #UPO-284 located at 1001 Front
Street subject to the conditions as included in Council Resolution 52-18.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 26' day of June, 2018, on the following vote:
AYES: Irons, Davis, Headding, Makowetski
NOES: None
ABSENT: None
ABSTAIN: McPherson
' • •
ATTEST
G�� ' .(mil • �'���c0[7�n�
LORI KUDZMA, Deputy City Clerk