Loading...
2015-40 (EG)RESOLUTION NO. PC 2015-40 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION DENYING A MAJOR USE PERMIT, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH EXISTING ANCILLARY STRUCTURES ONSITE AND TO CONSTRUCT A NEW VEHICLE TOWING OPERATIONS AND IMPOUND YARD LOCATED AT 601 SANTA FE DRIVE. (CASE NO. 15-152 MUP/DR/CDP; APN: 260-121-15) WHEREAS, Leucadia Towing submitted an application with authorization by the San Dieguito Water District (SDWD) for a Major Use Permit, Design Review Permit and Coastal Development Permit application to demolish existing ancillary structures onsite and to construct a new vehicle towing operations and impound yard for the project site located at 601 Santa Fe Drive, legally described in Exhibit "A"; and WHEREAS, the Planning Commission conducted a noticed public hearing on the application on December 17, 2015, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: The December 17, 2015 agenda report to the Planning Commission with attachments; 3. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; and 4. Oral evidence submitted at the hearing; 5. Written evidence submitted at the hearing; and WHEREAS, the Planning Commission made the following findings pursuant to Section 30.74.070 (Use Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby denies application Case No. 15-152 MUP/DR/CDP. BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that denial of this project is statutorily exempt from environmental review pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, which exempts projects that are disapproved by a public agency. PBD\TGM\\t:\Reso1utions\rpc 15-152 MUPDRCDPdenied - I - PASSED AND ADOPTED this 17t" day of December, 2015, by the following vote, to wit: AYES: Boemer Horvath, Brandenburg, Drakos, Flores NOES: None ABSTAIN: None ABSENT: O'Grady I ,,ATTEST: Manieet Rand. AICP PBD\TGM\\t:\Resolutions\rpc15-152 MUPDRCDPdenied -2- EXHIBIT "A" Resolution No. PC 2015 -40 Case No. 15 -152 MUP /DR/CDP LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF ENCINITAS AND DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 EAST, S.B.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF 1887.0 FEET WESTERLY FROM ITS NORTHEAST CORNER, BEING THE NORTHEAST CORNER OF THIS TRACT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF 270.0 FEET TO THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 162.0 FEET TO THE SOUTHWEST CORNER OF THIS TRACT; THENCE EASTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 22, A DISTANCE 270.0 FEET TO THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 162.0 FEET TO THE NORTHEAST CORNER OF THIS TRACT; BEING THE PLACE OF BEGINNING IN THE NORTH LINE OF SAID SECTION 22, CONTAIN 1.0 ACRE MORE OR LESS. EXCEPTING THEREFROM THAT PORTION OF SAID LAND IS DESCRIBED IN A DEED FROM SAN DIEGUITO IRRIGATION DISTRICT TO THE STATE OF CALIFORNIA, IN A DEED RECORDED AUGUST 14, 1961 AS INSTRUMENT NO. 1961- 139021, OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 EAST, S.B.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF 1882.0 FEET WESTERLY FROM THE NORTHEAST CORNER; THENCE CONTINUING WESTERLY ALONG THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF FIVE FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 162.0 FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF FIVE FEET; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARETER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 162.0 FEET TO THE POINT OF BEGINNING IN THE NORTH LINE OF SAID SECTION 22. PBD \TGM \ \t: \Resolutions\rpc15 -152 MUPDRCDPdenied -3- SUBJECT TO ALL CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD. APN: 260-121-15 PBD\TGM\\t:\Resolutions\rpc15-152 MUPDRCDPdenied -4- EXHIBIT "B" Resolution No. PC 2015 -40 Case No. 15 -152 MUP /DR/CDP FINDINGS Based on Encinitas Municipal Code Section 30.74.070, findings for a Major Use Permit and the aforementioned analysis, the Planning Commission has made the following findings to deny the project: The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project. b. The unsuitability of the site for the type and intensity of use or development which is proposed. c. The harmful effect, if any, upon environmental quality and natural resources of the city. The applicant did not demonstrate that the project will be compatible with the surrounding neighborhood and would not adversely affect the neighborhood. The applicant did not demonstrate that noise will not be disruptive. Furthermore, the applicant did not demonstrate that the spacing and design of the transitions between the project uses and adjacent residential provide sufficient buffer from the operational impacts of a towing and impound yard. The project site is not suitable for the proposed towing and impound yard. The site is surrounded by residential properties to the north, south, east and west and is more intensive than the SDWD facility. The operational characteristics of the proposed use will have an adverse impact on the surrounding residential neighborhood due to the limited space available for the use, proximity to adjacent residential uses and 24- hour operations. The permit as submitted is not compatible and will adversely affect the neighboring properties. The applicant failed to address common negative impacts that result from operations of a towing and impound yard, especially the impound operations including noise and traffic. In addition, there is inadequate buffer between the proposed use and surrounding neighborhood in consideration of these operational impacts. PBD \TGM\ \t:AReso1utions\rpc15 -152 MUPDRCDPdenied -5-