HomeMy WebLinkAbout2018-03-27; City Council; Resolution 2018-046March 27, 2018 Item #9 Page 5 of 56
RESOLUTION NO. 2018-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL OF DURKIN CAC LOT 24 LLC AND
UPHOLDING THE PLANNING COMMISSION'S DETERMINATION 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 OFFICE/INDUSTRIAL USE, AND IS A
PROHIBITED USE IN THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN (SP
181(H)).
CASE NAME:
CASE NO.:
DURKIN CAC LOT 24 LLC APPEAL
PCD 2017-0001 (DEV2017-0120)
WHEREAS, the City Council of the City of Carlsbad, California has determined that
pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 15, 2017,
hold a meeting as prescribed by law to consider an appeal of the City Planner's determination that an
auto body and repair shop use is not a more conforming use than the existing office/industrial use, and
is a prohibited use in the Carlsbad Airport Centre Specific Plan (SP 181(H)); 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 auto body and repair shop
use is not a more conforming use than the existing office/industrial use, and is not a permitted use in
the Carlsbad Airport Centre Specific Plan (SP 181(H)); and
WHEREAS, the Planning Commission voted 6-0 (Black absent) to deny the appeal and
uphold the City Planner's determination; and
WHEREAS, on November 27, 2017, the appellant, Durkin CAC Lot 24 LLC, timely filed an
appeal with the City as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, on February 13, 2018, the City Council held a meeting as prescribed by law
to consider the appeal of the Planning Commission's determination that an auto body and repair shop
use is not a more conforming use than the existing office/industrial use, and is not a permitted use in
the Carlsbad Airport Centre Specific Plan (SP 181{H)); and
WHEREAS, at said meeting, 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.
March 27, 2018 Item #9 Page 6 of 56
2. That the appeal of the Planning Commission's decision is denied and that the findings
contained in Planning Commission Resolution No. 7274 on file in the City Clerk's office
and incorporated herein by reference are the findings and conditions 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 of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of March, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, C. Schumacher, M. Packard.
None.
M. Schumacher.
(SEAL)
March 27, 2018 Item #9 Page 7 of 56
NOT TO SCALE
SITE MAP
Durkin CAC Lot 24 LLC Appeal
PCD 2017-0001
EXHIBIT 2
PALOMAR
AIRPORT
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 7274
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)
B)
That the foregoing recitations are true and correct.
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:
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Findings:
1.
2.
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.
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.
PC RESO NO. 7274 -2-
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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-