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HomeMy WebLinkAboutReso 40-21 Denying 429 Tulare appeal (CUP21-03)RESOLUTION NO. 40-21 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 (CUP21-03) FOR A 560 SQ. FT ADDITION TO A SINGLE-FAMILY HOME AT 429 TULARE AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing on May 18, 2021, for the purpose of considering approval of Conditional Use Permit (CUP21-03) for the site located at 429 Tulare Avenue ("the Project"); and WHEREAS, on May 18, 2021, the Planning Commission of the City of Morro Bay adopted Resolution 11-21 to approve Conditional Use Permit (CUP21-03); and WHEREAS, on May 27, 2021, an appeal of the Planning Commission action to approve the project was filed with the City of Morro Bay by Wayne Johnson 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 June 22, 2021, to consider an appeal of the Planning Commission'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 recommendations made by the Planning Commission, the testimony of the Appellant, the testimony of the Applicant 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. 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 following findings: A. The Conditional Use Permit (CUP21-03) was approved in a manner consistent with the City's General Plan, Local Coastal Program and Zoning Ordinance. B. The size, massing and location of the proposed addition is consistent with other residential development in the immediate vicinity of the proposed project. C The Planning Commission Hearing was adequately noticed in accordance with Government Code 65091. Section 2: Action. The City Council does hereby deny the appeal filed on May 27, 2021, by Wayne Johnson and uphold the Planning Commission approval of Conditional Use Permit (CUF21-03) for the property located at 429 Tulare Avenue, subject to the conditions as included in PC Resolution No. 11-21. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 22nd day of June 2021, on the following vote: AYES. Headding, Addis, Barton, Davis, Heller NOES. None ABSENT: None ABSTAIN: None a JO N G, Mayor ATTEST DANA SWANSON, Deputy City Clerk