HomeMy WebLinkAboutReso 22-23 Appeal of CDP22-025 (LAUREL APPEAL) (1)RESOLUTION NO. 22-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
TO UPHOLD THE FEBRUARY 7, 2023 PLANNING COMMISSION APPROVAL OF
COASTAL DEVELOPMENT PERMIT #CDP22-025 WITH CHANGES IN CONDITIONS
FOR THE PROPOSED NEW HOME AT 2440 LAUREL AVE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay (the "City")
conducted a public hearing on February 7, 2023 at the Morro Bay Veterans Memorial
Building at 209 Surf Street, Morro Bay, CA as well as through virtual public participation
provided telephonically through Zoom, for the purpose of considering appeal of an
administrative Coastal Development Permit (CPD22-025) for demo of an existing home
and construction of a new home at 2440 Laurel Ave ("Project") ; and
WHEREAS, The Planning Commission denied the appeal and upheld the
administrative approval of Coastal Development Permit No. CDP22-025 with two new
conditions; and
WHEREAS, Ms. Tina Metzger filed an appeal on February 16, 2023, of the
Planning Commission February 7, 2023, decision to deny her previous appeal and uphold
the approval of CDP22-025 with added conditions; and
WHEREAS, Mr. Michael Murphy, property owner/applicant filed an appeal on
February 17, 2023, of the Planning Commission February 7, 2023, decision to approve
CDP22-025 with added conditions; and
WHEREAS, the City Council of the City of Morro Bay conducted a public hearing
on April 11, 2023, for the purpose of considering both appeals of the Planning Commission
February 7, 2023, approval of Coastal Development Permit #CDP22-025 with the two new
conditions; and
WHEREAS, notice of the public hearing was provided at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the appellant, applicant, interested parties, 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. Based upon all the evidence, the Council makes the following
findings:
California Environmental Quality Act (CEQA)
For purposes of the California Environmental Quality Act, the project meets the
requirements for a categorical exemption under CEQA Guidelines Section 15301,
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Class 1 for the demo of an existing home and Section 15303, Class 3a, for a new
single-family home on a residentially zoned parcel. Additionally, none of the
Categorical Exemption exceptions, noted under Section 15300.2, apply to the project.
Coastal Development Permit Findings
1. The City Council finds that the project is consistent with applicable provisions of
the Local Coastal Program and Chapter 3 of the California Coastal Act for a new
single-family home and removal of the existing residential dwelling unit.
2. The City Council finds the project, as conditioned, is consistent with the character
of the neighborhood in which it is located. The project is surrounded by compatible
uses of moderate density residential development; and is of a design, mass and
scale suitable for the location.
Section 2: Action. The City Council does hereby deny both appeals and upholds the
Planning Commission approval of Coastal Development Permit (CDP22-025), with the
added condition, as modified below (additions shown in bold italics, deletions shown in
st i 'gig",) Approval is supported by the above findings:
PLANNING COMMISSION ADDED CONDITIONS:
Enhance front elevation step back on upper level: Applicant shall move the west side
of the roofline back to extend no more than 8 feet from the vertical face of the
upper floor and
submit for review and approval by Community Development Director. This is in
accordance with Residential Design Guidelines: Single-family design guidelines: B.
Mass and scale and C: Surface articulation. [Change made April 25, 2023 by City
Council.]
Section 3: Incorporation of Facts. The findings and conclusions herein are further
supported by all findings of fact presented at the April 11, 2023, City Council hearing,
including without limitation those facts stated in the accompanying staff report, exhibits,
public and appellant comments, and City Council deliberations; all of which evidence is
incorporated herein by this reference.
PASSED AND ADOPTED by the City Council of the City of Morro Bay for consent at a
regular meeting thereof held on this 251 day of April 2023 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAI N:
RECUSE:
Wixom, Barton, Edwards, Ford, Landrum
None
None
None
None
ATTEST
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DANA SWANSON, City Clerk
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CARLA WIXOM, Mayor
01181.0005/874265.1