HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 37611
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PLANNING COMMISSION RESOLUTION NO. 3761
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5 YEAR
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A VETERINARY CLINIC
ON PROPERTY GENERALLY LOCATED IN THE WESTBLUFF
PLAZA COMMERCIAL CENTER AT THE NORTHEAST
CORNER OF ALGA ROAD AND EL CAMINO REAL.
CASE NAME: WESTBLUFF ASSOCIATES LTD
CASE NO: CUP 169x2
WHEREAS, a verified application has been filed with the City of Carls
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by '
21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P
commission did, on the 19th day of April, 1995, hold a duly noticed public hearing to c
said application on property described as:
Being a portion of the west half of the northeast quarter of Section
26, Township 12 South, Range 4 West, San Bernardino base
meridian, in the City of Carlsbad, County of San Diego, state of
California.
WHEREAS, at said public hearing, upon hearing and considering all testim
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to CUP 169x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn
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 Corn
APPROVES CUP 169x2, based on the following findings and subjeci
1 following conditions:
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1 Findings:
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1. That the requested use is necessary or desirable for the development of the corn
is essentially in harmony with the various elements and objectives of the general pl
is not detrimental to existing uses or to uses specifically permitted in the zone ir
the proposed use is to be located, in that it is a non-disruptive commercial sen
which has operated in an existing commercial center for 15 years;
2. That the site for the intended use is adequate in size and shape to accommodate *
in that the use is conducted entirely within the commercial space provided I
impacting adjacent uses;
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8 3. That all of the yards, setbacks, walls, fences, landscaping, and other features ne
to adjust the requested use to existing or permitted future uses in the neighborho
provided, and the placement of animal cages along the rear wall to avoic 9
impacts to adjacent uses has been required; and 10
be provided and maintained, in that sound insulation in adjoining walls ha
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4. That the street system serving the proposed use includes El Camino Real an
Road. These prime and major arterials currently operate at acceptable lev1
are adequate to properly handle all traffic generated by the proposed use.
Conditions:
1. All conditions of approval imposed upon CUP 169 and CUP 169x1 as sta
Planning Commission Resolutions 1591 and 3015 shall apply as conditil
approval for CUP 169x2 except as amended by Condition No. 2 below.
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2.
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This Conditional Use Permit is granted for a period of five (5) years beginning Jt
23, 1995 and expiring January 23, 2000. This Conditional Use Permit SI
reviewed by the Planning Director on a yearly basis to determine if all conditions
permit have been met and that the use does not have a substantial negative af
surrounding properties or the public health and welfare. If the Planning I:
determines that the use has such substantial negative effects, the Planning Direct1
recommend that the Planning Commission, after providing the permittee the oppc
to be heard, add additional conditions to reduce or eliminate the substantial n
effects. This permit may be revoked at any time after a public hearing, if it is fot
the use has a substantial detrimental affect on surrounding land uses and the 1
health and welfare, or the conditions imposed herein have not been met. This pern
be extended for a reasonable period of time not to exceed 5 years upon
application of the permittee made no less than 90 days prior to the expiration dat
Planning Commission may not grant such extension, unless it finds that there
substantial negative affects on surrounding land uses or the public's health and v
If a substantial negative affect on surrounding land uses or the public's health and 1
is found, the extension shall be denied or granted with conditions which will eli
or substantially reduce such effects. There is no limit to the number of extensit
Planning Commission may grant.
PC RES0 NO. 3761 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the PI
Commission of the City of Carlsbad, California, held on the 19th day of April, 1995,
following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas, Erwin, h
Nielsen, Noble and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
PC RES0 NO. 3761 -3-
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