HomeMy WebLinkAbout2017-11-15; Planning Commission; Resolution 7274
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF DURKIN CAC LOT 24
LLC AND DETERMINING THAT AN AUTO BODY AND REPAIR SHOP USE
PROPOSED AT 5817 DRYDEN PLACE AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 5 IS NOT A MORE CONFORMING USE THAN THE
EXISTING USE, AND IS A PROHIBITED USE IN THE CARLSBAD AIRPORT
CENTRE SPECIFIC PLAN (SP 181(H)).
CASE NAME: DURKIN CAC LOT 24 APPEAL
CASE NO: PCD 2017-0001 (DEV2017-0120)
WHEREAS, Freeland, McKinley & McKinley, “Applicant’s Representative,” has filed a
verified appeal application with the City of Carlsbad regarding property owned by Durkin CAC Lot 24 LLC,
“Owner,” described as
Lot 24 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
11287, filed in the Office of the County Recorder of San Diego County
on July 16, 1985
(“the Property”); and
WHEREAS, said verified application constitutes an appeal of the City Planner’s decision
and a request for a Planning Commission Determination on file in the Planning Division, DURKIN CAC LOT
24 APPEAL – PCD 2017-0001, as provided in Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on November 17, 2017, consider said request;
and
WHEREAS, at said 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 Planning
Commission Determination.
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 hearing, the Commission DENIES DURKIN
CAC LOT 24 APPEAL – PCD 2017-0001 based on the following findings and subject to the
following conditions:
PLANNING COMMISSION RESOLUTION NO. 7274
PC RESO NO. 7274 -2-
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Findings:
1. That an auto body and repair shop, a prospective use proposed at 5817 Dryden Place, is not a
more conforming use than the existing office/industrial use. The current use of the property is
generally allowed in Area 1 of the Specific Plan. However, it is nonconforming in its particular
location under the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) as the
property is located in Safety Zone 1 and is an “incompatible” use pursuant to the ALUCP. The
proposed auto body and repair shop is specifically excluded under the Specific Plan. A change
to auto body and repair would make the property nonconforming in both plans.
2. That the proposed auto body and repair shop use is not consistent with the intent and purpose
of the Carlsbad Airport Centre Specific Plan because it is expressly prohibited in Area 1 of the
Carlsbad Airport Centre Specific Plan (SP 181(H)).
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on November 15, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Goyarts, Montgomery,
Rodman and Siekmann
Commissioner Black
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7274 -3-