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-