HomeMy WebLinkAboutReso 68-20 for 405 atascadero appealRESOLUTION NO. 68-20
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY CALIFORNIA
DENYING AN APPEAL OF THE PLANNING COMMISSION
APPROVAL OF A CONDITIONAL USE PERMIT (CUP19-12), A COASTAL
DEVELOPMENT PERMIT (CDP20-001), PARKING EXCEPTION (PKG19-05)
AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A 35
UNIT AFFORDABLE HOUSING PROJECT AT 405 ATASCADERO ROAD
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing
on June 2, 2020, for the purpose of considering approval of Conditional Use Permit (Cup19-12)
Coastal Development Permit (Cdp20-001) Parking Exception (Pkg19-05) and approval of a
Mitigated Negative Declaration for the site located at 405 Atascadero Road ("the Project"); and
WHEREAS, on June 2, 2020, the Planning Commission of the City of Morro Bay adopted
Resolution 11-20 to approve Conditional Use Permit (Cup19-12), Coastal Development Permit
(Cdp20-001), Parking Exception (Pkg19-05) and approval of a Mitigated Negative Declaration;
and
WHEREAS, on June 12, 2020, an appeal of the Planning Commission action to approve
the project was filed with the City of Morro Bay by Betty Winholtz specifically requesting the City
Council overturn the Planning Commission's approval and remand the project back to Planning
Commission for review; and
WHEREAS, the City Council conducted a public hearing on July 14, 2020, 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.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
Section 1: Findings upholding the Planning Commission Approval
A. The Conditional Use Permit (Cup19-12), Coastal Development Permit (Cdp20-001), Parking
Exception (Pkg19-05) and approval of a Mitigated Negative Declaration were approved in a
manner consistent with the City's General Plan, Local Coastal Program and Zoning Ordinance.
B. The Planning Commission approval followed the provisions of State Assembly Bill 1763
providing earned incentives necessary to support the creation of affordable housing.
C. The Planning Commission Hearing was adequately noticed in accordance with Government
Code 65091.
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 No. 68-20.
Section 3. Action. The City Council does hereby deny the appeal filed on July 14, 2020 by Betty
Winholtz and uphold the Planning Commission approval of Conditional Use Permit (Cup19-12),
Coastal Development Permit (Cdp20-001), Parking Exception (Pkg19-05) and approval of a
Mitigated Negative Declaration for the property located at 405 Atascadero Road, subject to the
conditions as included in PC Resolution 11-20.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 14th day of July 2020, on the following vote:
AYES Headding, Addis, Davis, McPherson
NOES: Heller
ABSENT: None
ATTEST
SON, Deputy City Clerk