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HomeMy WebLinkAboutR-10918 Denying modification of MOA for Garden Street Terraces - 736 Marsh StRESOLUTION NO. 10918 (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPLICATION FOR A MODIFICATION TO A CONDITION OF APPROVAL AND ASSOCIATED MEMORANDUM OF AGREEMENT THAT WOULD ALLOW FOR THE SHORT-TERM RENTAL OF SIX UNITS WITHIN THE APPROVED GARDEN STREET TERRACES PROJECT LOCATED AT 736 MARSH STREET (MOD -1499-2018) WHEREAS, on July 10, 2018 the City Council of the City of San Luis Obispo considered a request from Garden Street SLO Partners, LP, applicant, to modify Resolution No. 10505 Condition of Approval # 11 to allow for the short-term rental of six residential units, and to modify the Memorandum of Agreement and associated 99 -year lease of Public Parking Lot 2; 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 testimony of the applicant, interested parties, and the evaluation and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The California Environmental Quality Act does not apply to projects that a public agency rejects or disapproves (State CEQA Guidelines Section 15270). R 10918 Resolution No. 10918 (2018 Series) Page 2 SECTION 2. Action. The City Council of the City of San Luis Obispo hereby denies the request to modify project conditions of approval and the associated Memorandum of Agreement. The City Council finds that the request is inconsistent with the findings of approval for the project; is inconsistent with the project objectives as stated in the Final Environmental Impact Report (Final EIR) for the Garden Street Terraces project; is inconsistent with the CEQA Statement of Overriding Considerations adopted in association with the City Council's approval of the project; and is inconsistent with Land Use Element and Housing Element policies regarding the jobs and housing balance and provision of a variety of housing types within the City and the Downtown Core. Upon motion of Council Member Pease, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: Council Members Gomez The foregoing resolution was adopted this 10th day c ATTEST: Teresa Purrington, City Cler APPROVED AS TO FORM: J. (thkistine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 2S44 day of \J 2018. l n - Teresa Purrington, City Cler R 10918