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HomeMy WebLinkAbout2017-11-15; Planning Commission; Resolution 7274 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 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- 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 - 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-