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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 01181.0005/237982.1 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. 01181.0005/237982.1 City Council Resolution #03-15 Page 3 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 01181.0005/237982.1