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HomeMy WebLinkAboutReso 45-23 Denying Appeal for 1175 Scott StreetRESOLUTION NO. 45-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO DENY THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT CUP21-07, COASTAL DEVELOPMENT PERMIT CDP21-025 AND PARKING EXCEPTION PKG22-06 FOR NEW CONSTRUCTION OF A MIXED USE HOTEL PROJECT IN THE C-2/PD/SP ZONING DISTRICT AND OVERLAY AREA LOCATED AT 1175 SCOTT STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay (the "City") conducted a public hearing on May 16, 2023, conducted in a hybrid format with both an in -person meeting at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, CA 93442 as well as through virtual public participation provided telephonically through Zoom, for the purpose of considering the approval of the CUP21-07, CDP21-025 and PKG22-05 for a new commercial/residential project comprised of a four -bedroom hotel suite with manager/security residential unit to be located at 1175 Scott Street; and WHEREAS, The Planning Commission approved the project as submitted; and WHEREAS, Mr. Terry Simons filed an appeal on May 26, 2023, of the Planning Commission decision approving the project; and WHEREAS, the City Council of the City of Morro Bay conducted a public hearing on June 27, 2023, for the purpose of considering the appeal of the Planning Commission approval of the project; and WHEREAS, notice of the public hearing was provided 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 appellant, 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. Pursuant to the California Environmental Quality Act, the project meets the requirements for a Categorical Exemption under CEQA Guidelines Section 15303 Class 3c. The exemption applies to new construction of up to 4 commercial buildings not exceeding 10,000 sf in urban areas zoned for the specific use. Additionally, none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project. Conditional Use Permit and Coastal Development Permit findings A. The City Council finds that the proposed development is consistent with the C- 2/PD/SP Zoning designation in providing for a hotel project that allows a manager or security residential unit. The project is also consistent with the new land use designation of Community Commercial in the Local Coastal Program (LCP). The project will not have any substantial adverse impacts on the environment or coastal resources. B. The City Council finds that the project is in compliance with the General Plan and certified Local Coastal Program and will not be detrimental to the health, safety, and general welfare of persons residing or working in the surrounding neighborhood. C. The findings and conclusions herein are further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, exhibits, and public and appellant comments; all of which evidence is incorporated herein by this reference. Parkinq Exception Findings: A parking exception can be granted with the following findings. The City Council finds that the project meets the criteria in these findings. 1. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity and alternative parking design will be adequate to accommodate the parking needs generated by this use. 2. The parking exception will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity and no traffic problems will result from the compact parking space. 3. The exception is reasonably necessary for the applicant's full enjoyment of uses similar to those upon the adjoining real property. Beach Street Specific Plan Findings: The City Council finds that the project meets the criteria of the specific plan area as follows: 1. That no offensive odors will result from the proposed use. 2. That all outdoor storage yards, and dumpsters or waste containers, shall be screened, landscaped and maintained in an attractive manner. 3. That the proposed use will not result in excessive unreasonable light or glare on adjacent residential or visitor serving uses. 4. That adequate facilities shall be installed and maintained to collect waste products from entering the storm drainage system. Section 2: Action. The City Council does hereby deny the appeal and uphold the Planning Commission decision to approve the Conditional Use Permit (CUP21-07), Coastal Development Permit (CDP21-025) and Parking Exception (PKG22-05). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 27th day of June 2023 on the following vote: AYES: Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSED: Wixom CIQA:--�V � N'�ti- CA LA WIXOM, Mayor ATTEST DAX9 SWANSON, City Clerk