HomeMy WebLinkAboutReso 29-21 Upholding MUP 20-02 to allow Supportive Housing 2460 Main StRESOLUTION NO. 29-21
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY CALIFORNIA
DENYING AN APPEAL OF THE PLANNING COMMISSION
DECISION DENYING THE FIRST APPEAL AND UPHOLDING
THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
OF A MINOR USE PERMIT (MUP20-02) TO ALLOW A CHANGE
IN USE FROM MOTEL TO SUPPORTIVE HOUSING
AT 2460 MAIN STREET.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Community Development Director ("Director") of the City of Morro Bay
administratively approved the Minor Use Permit (MUP20-02) on February 24, 2021, for a change
in use of an existing motel supportive housing, in accordance with the requirements of the Morro
Bay Municipal Code for the site located at 2460 Main ("the Project"); and
WHEREAS, The Director's approval was appealed to Planning Commission of the City of
Morro Bay by Ashley Smith and on April 20 2021, the Planning Commission adopted Resolution
8-21 denying the appeal and upholding the Director's approval of MUP20-02; and
WHEREAS, on April 28, 2021 Ashley Smith filed an appeal of the Planning Commission
decision to deny the first appeal and uphold the Director's approval of the Minor Use Permit,
specifically requesting a decision by City Council and a stay on the MUP; and
WHEREAS, the City Council conducted a public hearing on June 8, 2021, to consider an
appeal of the Planning Commission s denial of the first appeal and confirmation of the Director's
approval of the project; 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 action taken
by the Planning Commission, the testimony of the Appellants, the testimony of the applicant, and
the evaluation and recommendations by staff presented at the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1: The above recitals are true and correct and are incorporated herein by reference.
Section 2: Findings upholding the Director and Planning Commission Approval of the
Change in Use:
A. As conditioned, 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.
B. Supportive housing is allowed in all residential zoning districts and many commercial/mixed-
use zoning districts, including the subject property zoning district (MCR]R-4/SP), subject to a
Minor Use Permit requiring administrative approval. MBMC Section 17.24.110.
C. The proposed use fits the definition of supportive housing pursuant to MBMC 17.12 626 and
Section 50675.14 of the Health and Safety Code.
D. The MUP was noticed and approved through an administrative approval process in
accordance with the requirements of MBMC Section 17.24.110.
E Conditions imposed through the required administrative approval process do not create
restrictions that are not imposed on any other residential use within that zoning district.
State Assembly Bill 2162 Findings
F. The project was approved in compliance with AB 2162, which specifies that transitional housing
and supportive housing are a residential use of property, subject only to those restrictions that
apply to other residential dwellings of the same type in the same zone. Gov't Code §
65583(c)(3).
Section 3: 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. 29-21.
Section 4. Action. The City Council does hereby deny the appeal filed on April 28, 2021, by
Ashley Smith and uphold the Planning Commission's denial of the appeal and approval of the
Minor Use Permit (MUP20-02) for the property located at 2460 Main Street, subject to the
conditions as included in the February 24, 2021, permit and two added conditions: 1) the applicant
is mandated to timely provide copies to the City of any reporting required by California
Department of Health Care Services, provided that any information identifying the patient, any
medical information, or information protected by law is redacted; and 2) the applicant shall provide
the City with notice of any findings of violation or disciplinary action taken by the California
Department of Health Care Services against the facility within 30 days of receiving notice of
violation by the Department.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 8th day of June 2021, on the following vote:
AYES: Headding, Addis, Barton, Davis, Heller
NOES. None
ABSENT: None
ABSTAIN: None
ATTEST
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BONA SWANSON, City Clerk