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HomeMy WebLinkAbout1980-01-23; Planning Commission; Resolution 1591a c. 0 e 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 'I PLANNING COMMISSION RESOLUTION NO, 1591 RESOLUTION OF THE PLANNING COW~ISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A VETERINARY CLINIC IN A COMMERCIAL CENTER ON THE NORTH SIDE OF ALGA ROAD, EAST OF EL CAMINO REAL. APPLICANT: GOETZE CASE NO: CUP-169 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; an WHEREAS, said verified application constitutes a reques as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, purusant to the provisions of the Municipal Co the Planning Commission did, on the 9th day of January, 1980 hold a duly noticed public hearing to consider said applicat on property described as: Being a portion of the west half of the northeast quart of Section 26, Township 12 South, Range 4 West, San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. WHEREAS, the subject property has complied with the reg ments of the City of Carlsbad's Environmental Protection Ord of 1972 and the State Environmental Quality Act in that the project has been processed through Environmental Review and Negative Declaration, Log No. 627, has been issued for the following reasons: 1. An Environmental Impact Report (EIR NO. 283) was certif for the subject property on May 6, 1975. Measures to mitigate potential significant environmental impacts WE included as part of the original approval of the commercial center. 2. The proposed veterinary hospital would be located entil within the existing building. " e e 111 3. No landform alteration or site modifications are propos 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4. The commercial center has been adequately improved to accommodate the subject project. WHEREAS, at said public hearing a staff report was subn and all persons desiring to speak on the subject proposal WE heard. At the conclusion of said hearing, upon consideratic of all evidence presented, the Planning Commission found thc following facts and reasons to exist: Findings: 1. This project is consistent with the General Plan Land Use Element designation of neighborhood commercial sinc it will serve the local area. 2. This project is consistent with all applicable Public Facility Policies and Ordinances and with the Public Facilities Element since: a. Sewer service is currently provided by the Leucadi County Water District. 3. b. Water service is currently provided by the Carlsba Municipal Water District. c. Gas and Electric service is provided by SDG&E. d. A11 necessary on-site and adjacent public improvem are existing or will be required as conditions of approval. This project is consistent with all other elements of t General Plan. 21 4. This project will not have a significant adverse enviro mental impacts. A Negative Declaration, Log No. 627, w 22 issued on December 17, 1979, for the following reasons: 23 24 25 a . An Environmental Impact Report (EIR NO. 283) was certified for the subject property on May 6, 1975. Measures to mitigate potential significant environ, mental impacts were included as part of the origin' approval of the commercial center. 26 27 b. The proposed veterinary hospital would be located proposed. 28 entirely within the existing building. c. No landform alteration or site modifications are PC RES0 # 1591 -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 I 0 0 d. The commercial center has been adequately improved to accommodate the subject project. 5. This use is desirable for the development of the commun and is not detrimental to existing or proposed uses bec a. The surrounding uses will be commercial. b. There is currently a need for a veterinary clinic the La Costa area. 6. The site is adequate in size and shape to accommodate t use because: a. There is adequate room for all activities, includi a waiting room. b. Parking, landscaping, etc., have been provided for the entire center. 7. The use has been adequately adjusted to the surrounding areas because: a. Sound insulation will be required for all walls adjoining other offices. b. The interior design of the clinic provides for the cages to be along the rear wall not adjacent to other uses. 8. The street system is adequate to service the use becaus the property is located just off of El Camino Real and Alga Road which are major streets capable of handling large amounts of traffic. WHEREAS, the Planning Commission, by the following vote approved CUP-169, subject to certain conditions: 1. Approval is granted for CUP-169 as shown in Planning Commission Exhibits A & B dated 11/26/79, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This Conditional Use Permit shall expire and all uses pursuant to it shall cease 5 years after the date of is This expiration period may be extended upon written application of permittee for a reasonable period of tin not to exceed five years. In granting such extension, Planning Commission shall find that no substantial adve effect on surrounding land uses will result because of continuation of the permitted use. If a substantial ai effect on surrounding land uses is found, the extensior be considered as an original application for a Conditic PC RES0 # 1591 -3- - &* U il 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Use Permit. There is no limit on the number of eXtenSi the Planning Commission may grant. 3. This Conditional Use Permit will be reviewed by the Planning Department in ninety days to ensure compliance with the conditions. If any of the conditions have not been met, or are violated, the Planning Department shal present a report to the Planning Commission. 4. The applicant shall insulate all party Walls to meet ar S.T.C. rating of 50 dBa. AYES : Larson, Rombotis, Schick, Marcus, Leeds. NOES: None. ABSENT: Friestedt, Jose. NOW, THEREFORE, BE IT HEREBY RESOLVED that the fOregOir recitations are true and correct. ATTEST : i CARLSBAD, PLANNING <OM_MI' SIC 9 ,-,..- 1 '..& z5 /# 26 27 28 PC RES0 # 1591 -4- ~ ’*’ ” ., a 0 1 1 CITY OF CARLSBAD 2 COUNTY OF SAN DIEGO ) STATE OF CALIFORNIA ) ss. 3 4 5 I, JAMES C. HAGWAN, Secretary to the Planning Commissi 6 9 by the Planning Commission of the City of Carlsbad at a regc 8 the foregoing resolution was duly introduced, approved and E 7 of the City of Carlsbad, California, do hereby certify that meeting of said Commission held on the 23rd day of January, 10 by the following roll call vote: I1 11 12 13 14 15 16 17 18 19 20 21 AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt NOES : None ABSTAIN : None ABSENT : None Larson ,”<‘ / 7 ; ./’ 22 I1 23 24 25 26 27 28 PC mso #1591 -5-