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HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6891 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW FOR A 965 SQUARE FOOT RETAIL USE WITHIN AN EXISTING OFFICE/WAREHOUSE BUSINESS WITHIN THE PLANNED INDUSTRIAL ZONE ON PROPERTY LOCATED AT 2717 LOKER AVENUE WEST, SUITE B, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: GUNTHER’S RETAIL CASE NO.: CUP 12-02 WHEREAS, Gunther LLC., “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property” described as Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map Thereof No. 19517, Filed in the Office of the County Recorder of San Diego County, June 30, 2004 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit dated July 3, 2012, on file in the Planning Division, GUNTHER’S RETAIL – CUP 12- 02, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES GUNTHER’S RETAIL – CUP 12-02, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 6891 PC RESO NO. 6891 -2- 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 Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed retail use is not in harmony with the Land Use Element of the General Plan and that the General Plan Land Use Industrial Implementation Policy C.9 states that the conditional use must be clearly oriented to support industrial development and their populations. As discussed in the staff report in Section A, the project does not comply with this General Plan Land Use Policy and therefore cannot be supported. Furthermore, the proposed retail use is not consistent with Specific Plan 200(B) as discussed in the staff report in Section “B.” 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed retail business does meet or exceed the zoning development regulations, is architecturally compatible with the surrounding industrial buildings, and the site is adequately designed to accommodate the current on-line operations. The project does not meet the intent and purpose of the zone, whose primary purpose is to cater to the industrial populations in the area and not to cater directly to the general public. Only retail commercial uses which will cater and/or be ancillary to the other uses and populations in the zone are allowed. Therefore, the retail use is not consistent in supporting the neighboring industrial zone users and will be detrimental to surrounding industrial office uses and cannot be supported. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the proposed retail use is proposed in an existing building that is adequate in size and shape and meets all development standards and parking regulations. The project cannot be supported due to its public serving nature which does not integrate with the industrial office uses in the neighborhood. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use will not increase ADT’s significantly (approximately 8 ADT increase) and the street system is adequate to handle any traffic generated by the use. 5. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency rejects or disapproves. 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.