HomeMy WebLinkAbout1991-07-17; Planning Commission; Resolution 32490 0
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PLANNING COMMISSION RESOLUTION NO. 3249
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE OPERATION OF A CATS-ONLY VETERINARY CLINIC ON
PROPERTY LOCATED AT 7040 AVENIDA ENCINAS, SUITE 109 IN THE
POINSETTIA VILLAGE SHOPPING CENTER.
CASE NAME: ALL CATS HOSPITAL,
CASE NO: CUP 90-12
WHEREAS, a verified application has been filed with the City of Carlsbad anc
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 23
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of July, 1991, hold a duly noticed public hearing tc
consider said application on property described as:
Lot 14 of Parcel Map 15187, City of Carlsbad, County of San Diego, State
'of California, filed March 28, 1988.
WHEREAS, at said public 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 CUP 90-12.
NOW, THEREFORE?, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 90-12, based on the following findings and subject to the
following conditions:
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Findin@:
1. The proposed cats-only veterinary clinic is consistent with all the required findings
for a Conditional Use Permit as follows:
a) The clinic is an allowed commercial use which will be compatible with
surrounding commercial development and which will serve the growing
population in this area of the City.
b) The site is adequate in size and shape to serve the use because as a tenant
improvement, there is no additional square footage proposed. The use is in
compliance with the approved parking ratio which is adequate to serve the
clinic as well as existing retail uses located in the shopping center.
c) The clinic is not proposing any alteration of the approved Site Development
Plan (SDP 82-3) which provided adequate setbacks, landscaping, etc.
d) The street system, designed and constructed to meet all future traffic
demands created by the shopping center, is adequate to serve the proposed
clinic to be developed within the center.
2. The Planning Director has determined that the environmental impacts of the
project have already been considered in conjunction with previously certified
environmental documents and therefore, no additional review is necessary.
3. The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Mudcipal Code. TI& dl
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
4. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 9.
Conditions:
1. Approval is granted for CUP 90-1 2, as shown on Exhibit "A", dated July 17, 1991,
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
PC RES0 NO. 3249 -2-
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2. This project is approved upon the express condition that building permits will nor
be issued for development of the subject property unless the City Enginee:
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy.
3. This project shall comply with all conditions and mitigation measures which ma3
be required as part of the Zone 9 Local Facilities Management Plan and an3
amendments made to that Plan prior to the issuance of building permits.
4. This project is also approved under the express condition that the applicant pa3
the public facilities fee adopted by the City Council on July 28, 1987 and a:
amended from time to time, and any development fees established by the Ciq
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othel
ordinance adopted to implement a growth management system or facilities anc
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated September 25, 1990, a copy of which is on file with the Ciq
Clerk and is incorporated by this reference. If the fees are not paid this application
will not be consistent with the General Plan and approval for this project will be
void.
5. 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
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
Government Code Section 659135 If any such condition is determined to be
6. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
7. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
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PC RES0 NO. 3249 -3 -
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This conditional use permit is granted for a period of five years. This conditional
use permit 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 significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental affect on surrounding land uses and the public’s health
and welfare, or the conditions imposed herein have not been met. This permit
may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public’s health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public’s health and
welfare is found, the extension shall be considered as an original application for
Planning Commission may grant.
If the property owner/owners’ address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
Any signs proposed for this use shall be in conformance with the approved sign
program for Poinsettia Village shopping center (SDP 82-3) and shall require
approval of the Planning Director prior to installation.
a conditional use permit. There is no limit to the number of extensions the
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En&eerinrr Conditions:
11. Pretreatment of the sanitary sewer discharge from this project may be required.
The developer shall conform to the requirements of Chapter 13.16 of the Carlsbad
Municipal Code. The developer shall apply for an industrial waste water discharge
permit con-ently with the building permit for the project. No Certificates of
Occupancy for the project will be issued before the industrial waste discharge
permit application requirements have been met, all applicable fees paid and permit
issued.
Fire Conditions:
12. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
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13. Plans and/or specifications for fire alarm system, fire hydrants, extinguishing
1 systems, automatic sprinklers, and other systems pertinent to the project shall be
submitted to the Fire Department for approval prior to construction. 2
3 14. Compressed medical gas systems shall comply with Unifom Fire Code Article 74,
1988 Edition.
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Water Conditions:
15. This conditional use permit is approved upon the express condition that building
permits for the tenant improvements will not be issued for development of the
subject property unless the water district serving the development determines that
adequate water and service is available at the time of application for water service
and will continue to be available until time of occupancy.
9 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 17th day of July, 1991, by
the following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Savary, Erwin,
Noble and Hall.
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None. "4"
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CARLSBAD PLANNING COMMISSION
ATTEST:
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