HomeMy WebLinkAboutReso 87-18 Denying Appeal 2783 Coral Ave•
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HEREAS, 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 August 7,
2018, for the purpose of considering approval of Conditional Use Permit #UPO-284, Tentative
Vesting Map #2859 (SOO-127) and Mitigated Negative Declaration for the site located at 2783
Coral Ave ("the Project"); and
HEREAS, the Project originally .included Coastal Development Permit (CPO-530), but
the City has subsequently voided that at the request of the California Coastal Commission
(CCC) due to the CCC revising its position regarding that permit and deciding it must be
reviewed and issued, if at all, by the CCC, as an Immaterial Amendment to the coastal permit
issued by the CCC to the Cloisters development in 1992; and
IIIfHEREAS, on August 7, 2018, the Planning Commission of the City of Morro Bay
adopted Resolution 20-18 to approve the Project; and
HEREAS, on August 14, 2018, an appeal of the Planning Commission action
approving the Project was filed with the City of Morro Bay by Dawn Beattie (Appellant)
specifically requesting the City Council overturn the Planning Commission's approval and
remand the project back to Planning Commission for review; and
1NHEREAS, on September 12, 2018, Steve Stevens filed a supplement to the appeal,
which was approved by the Appellant; and
HEREAS, on September 25, 2018, the City Council conducted a public hearing at the
Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, and continued the hearing to a
date certain, November 13, 2018, to allow the Appellant and Applicant to meet; and
WHEREAS,
the City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on November 13, 2018, to continue consideration of
an appeal of the Planning Commission's approval of the Project, located in an area within the
appeal 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 decision
made by the Planning Commission, the testimony of the Appellants, the testimony of the
Applicant (property 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. All the foregoing recitals are accurate, accepted and incorporated into this Section.
B. The Project was approved in a manner consistent with the City's General Plan, and Zoning
Ordinance.
C. The Planning Commission Hearing was adequately noticed in accordance with Government
Code 65091.
D. The Gloisters Architectural Review Committee application was submitted by the Applicant in
accordance with the prescribed submittal process and received schematic approval by the
designated ARC representative and attomey-in4act, but is not required by the City to render a
land use decision.
E. The Cloisters ARC design guidelines must follow the applicable laws and regulations of the
governing jurisdiction with authority over the improvements in the Subdivision.
F. The Appellant and Applicant met on October 9, 2018, to review and discuss the proposed
plans.
Section 2: Findings. Based upon all the written and oral testimony and evidence presented to
the Council at and for the above public hearings, the City Council makes the above findings.
Section 3. Action. The City Council does hereby deny the appeal filed on August 14, 2018, by
Dawn Beattie and supplement filed on her behalf by Steve Stevens on September 12; 2018,
and uphold the Planning Commission approval of the Project
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 13' day of November 2018, on the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
JA L. IR098, May r
ATTEST
G%/V
LORI M. KUDZMA, Deputy City Clerk