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HomeMy WebLinkAbout2008-10-15; Planning Commission; Resolution 64971 PLANNING COMMISSION RESOLUTION NO. 6497 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, DENYING A SITE DEVELOPMENT PLAN, SDP 07-01, TO DEVELOP A 25.08- 4 ACRE PARCEL INTO THREE SEPARATE PARCELS FOR AN AUTOMOTIVE AND OTHER MOTOR VEHICLES SALES FACILITY LOCATED ON THE EAST SIDE OF AVENIDA 6 ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT 7 ZONE 22. CASE NAME: CARLSBAD ENCINA AUTO PLAZA 8 CASE NO.: SDP 07-01 9 WHEREAS, Hoehn Avenida Encinas LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Encina Wastewater , 2 Authority, a California public agency, "Owner," described as 13 That portion of Section 20, Township 12 South, Range 4 west, San Bernardino Base and Meridian, according to official Plat 14 thereof and that portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26,1927 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development18 jo Plan as shown on Exhibits "A" - "II" dated September 3, 2008, on file in the Planning 20 Department, CARLSBAD ENCINA AUTO PLAZA - SDP 07-01 as provided by Chapter 21 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on September 3, 2008, September 23 17, 2008, and October 15, 2008, hold duly noticed public hearings as prescribed by law to 24 consider said request; and 25 WHEREAS, at said public hearings, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2° relating to the Site Development Plan. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 <- B) That based on the evidence presented at the public hearing, the Planning Commission DENIES CARLSBAD ENCINA AUTO PLAZA - SDP 07-01 6 based on the following findings: Findings: 1. The proposed plan would be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the Carlsbad Encina Auto Plaza project is not compatible with the nearby residences and will cause nuisance impacts in the 10 form of increased light, noise, and vehicular traffic from the proposed project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 15, 2008, by the following 14 vote, to wit: 15 AYES: Commissioners Boddy, Dominguez, Douglas, and Montgomery NOES: Commissioners Baker, Cardosa, and Chairperson Whitton 17 ABSENT: 18 ABSTAIN:19 20 21 'FRANK H. WHITTON, Chairperson 22 CARLSBAD PLANNING COMMISSION 23 24 ATTEST: 25 26 27 DON NEU Planning Director 28 PC RESO NO. 6497 -2-