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HomeMy WebLinkAboutMCUP 09-10; LA COSTA ANIMAL HOSPITAL; Admin Decision LetterSeptember 3, 2009 Larry Tucker • Cit Grant Tucker Properties One Upper Newport Plaza Newport Beach, CA. 92660 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-10 -LA COSTA ANIMAL HOSPITAL Request for approval of a Minor Conditional Use Permit (MCUP) without an expiration date for the operation of a veterinary hospital (as defined in Section 21.04.378 of the Carlsbad Municipal Code) within the La Costa Plaza Shopping Center located at 7668 La Costa Avenue, in the La Costa Master Plan (MP 149), the C-L Zone, and Local Fadlities Management Zone 6. Dear Larry Tucker, The Planning Director has completed a review of your application for a Minor Conditional Use Permit, MCUP 09-10 -La Costa Animal Hospital, for the operation of a veterinary hospital located at 7668 La Costa Avenue. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on August 10, 2009). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the use (a veterinary hospital} is desirable because it provides a convenient veterinary care service in close proximity to residents within the La Costa Master Plan, and is consistent with the General Plan in that the C-L (Local Shopping Center) Zone, which implements the L (Local Shopping Center} General Plan designation, allows veterinary hospitals as conditional uses. Furthermore, the La Costa Animal Hospital has been operating in Carlsbad in a nearby location for the past 25 years and has been a non-disruptive and desirable commercial use for residents in the surrounding area. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that required on-site parking exists to service the use. Potential noise (barking dogs), air quality 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ MCUP 09-10-LA COSTA,lllVfAL HOSPITAL September 3, 2009 • Page 2 (odors), and medical waste impacts associated with the veterinary hospital operation are mitigated through the location of cages, fully insulated walls, air conditioning, and medical waste measures incorporated into the design and operation of the use or required as conditions of approval. Furthermore, the project has been designed whereby: 1) cages will be located on the easterly side (end of the building where no tenants exist) to alleviate any potential noise impacts to customers and surrounding commercial uses; 2) no operable windows exist and the walls are fully insulated in the veterinary hospital building further mitigating any noise and odor impacts to adjacent uses; and 3) all the uses will be operated within the building eliminating any potential exterior nuisance. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other. uses in the neighborhood in that the use will be located in an existing end building and no exterior on-site alterations will be made. The existing building presently meets all development standards of the La Costa Master Plan and the C-L Zone. The proposed use has designated locations for cages, fully insulated walls, air conditioning, and medical waste disposal measures designed into it to minimize nuisance impacts to surrounding tenants and customers. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the use will be located in an existing, developed, commercial site where the street improvements have already been designed to adequately handle the traffic generation. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements rega_rding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space; related to the project will be installed to serve new development prior to or concurrent with need. 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 7. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impacts caused by the project. MCUP 09-10-LA COST.\!IMAL HOSPITAL September 3, 2009 Paae 3 Conditions: • Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 1. Approval is granted for MCUP 09-10 as shown on Exhibits "A"-"B" dated September 2, 2009 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. ' 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 09-1 0 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed_ development different from this approval shall require an amendment to this approval. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. rv1cur 09-iO -LA cos1A1MAL HOSPITAL September 3, 2009 Paqe4 • 8. MCUP 09-10 shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the L)Se permitted by the Minor Conditional Use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 9. This Minor Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after final approval, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Prior to the issuance of building permits, the owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any'"conditions or restrictions specified for inclusion in the Notice of Restriction. The _Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. • 12. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 13. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 14. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include, ·but are not limited to, pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or .. MCUP 09-10 -LA COST"\JIMAL HOSPITAL September 3, 2009 • Pa e 5 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 15. All sharp objects (i.e. needles and blades) and cadavers shall be disposed of off- site through the appropriate waste collection organization. 16. Cremations shall be performed off-site through an appropriate off-site facility. 17. The hours of operation shall be limited to Monday through Sunday, 6 A.M. -10 P.M, except for occasional after hour medical emergency services. 18. Minor Conditional Use Permit No. MCUP 09-10 is approved for a 1,920 square foot veterinary hospital. Board and care is limited to the eastern side of the building only, and may only be allowed if it is incidental to the veterinary treatment. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 19. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 20. The project shall comply with th~_ latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 22. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the La Costa Plaza Sign Program Criteria and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to fot convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely MCUP 09-10-LI\ COST.IMAL HOSPITAL September 3, 2009 Page 6 • follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Gina Ruiz at (760) 602-4675. Sincerely, ~7.~~ Assistant Planning Director GTB:GR:lt c: Christer Westman, Team Leader Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager File Copy Data Entry