HomeMy WebLinkAbout2015-05-05; City Council; Resolution 2015-1141
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2015-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO DENY THE APPEAL
AND UPHOLD THE CITY PLANNER'S DETERMINATION THAT AN
INDOOR SHOOTING RANGE IS NOT A PERMITTED OR
CONDITIONALLY-PERMITTED USE IN THE PLANNED INDUSTRIAL (P-
M} ZONE NOR IS IT SIMILAR TO A PERMITTED OR CONDITIONALLY-
PERMITTED USE IN THE P-M ZONE.
CASE NAME:
CASE NO.:
GUNTHER'S GUNS INDOOR SHOOTING RANGE
MCUP 14-17
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on February 18, 2015, hold a duly noticed public hearing as prescribed by law
to consider an appeal of the City Planner's determination that an indoor shooting range is not a
permitted or conditionally-permitted use in the P-M zone nor is it substantially similar to a
permitted or conditionally-permitted use in the P-M zone; and
WHEREAS, the Planning Commission vote resulted in a tie, 3-3 (Scully, Anderson
and Segall voted yes; Black, L'Heureux, and Montgomery voted no} with Commissioner Siekmann
recused; and
WHEREAS, the unbreakable tie vote resulted in the denial ofthe appeal of the City
Planner's determination and the approval of Planning Commission Resolution No. 7087; and
WHEREAS, the Planning Commission determined that there was not an error or
abuse of discretion on the part of the City Planner in the determination that an indoor shooting
range is not a permitted or conditionally-permitted use in the P-M zone nor is it substantially
similar to a permitted or conditionally-permitted use in the P-M zone; and
WHEREAS, on February 27, 2015, the appellant, Lisa Gunther, timely filed an
appeal with the City as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors
relating to the appeal.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That the appeal of the Planning Commission's decision is denied and that
the findings contained in Planning Commission Resolution No. 7087 on file in the City Clerk's
office and incorporated herein by reference are the findings of the City Council.
3. That this action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a request
for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
preparation of such record, the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written request for
the preparation oft he record of the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
Ill
Ill
Ill
Ill
-2-
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City
2 of Carlsbad on the 5th day of May 2015, by t he following vote to wit:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES: Council Members Hall, Schumacher, Wood, Packard.
NOES: Council Member Blackburn.
ABSENT: None.
ATTEST: