HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 37660 e
1 PLANNING COMMISSION RESOLUTION NO. 3766
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A VETERINARY CLINIC ON
PROPERTY GENERALLY LOCATED AT 6955 EL
CAMINO REAL, SUITES 101 AND 102 IN THE PLAZA
CAMINO REAL SHOPPING CENTER.
CASE NAME ALGA ANIMAL CLINIC
CASE NO: CUP 95-02
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g and referred to the Planning Commission; and
WHEREAS, a verified application has been filed with the City of C
10 WHEREAS, said verified application constitutes a request as prov ’ ’ Chapter 21.42 of the Carlsbad Municipal Code; and
l2 I1 WHEREAS, pursuant to the provisions of the Municipal Code, the P
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Commission did, on the 19th day of April, 1995, hold a duly noticed public he;
consider said application on property described as:
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Lot 1 of Carlsbad Tract No. 82-23 in the City of Carlsbad,
County of San Diego, State of California according to the map
thereof number 11002 filed in the office of the County
Recorder of said County and a parcel of land being a portion
of record of survey number 9900, County of San Diego, State
of California filed in the office of the County Recorder of said
County together with those portions of the west half of the
northeast corridor of section 26, township 12 south, range 4
west, San Bernardino Meridian in the County of San Diego,
State of California according to the official plat thereof.
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WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission consid
25 /I factors relating to CUP 95-02.
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Commission of the City of Carlsbad as follows: 27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
A) That the foregoing recitations are true and correct.
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1 B) That based on the evidence presented at the public hearing, the Corn
APPROVES CUP 95-02, based on the following findings and subject to the fo
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Findings: 3
conditions:
1. That the Planning Director has determined that the project is exempt fr
15301 of the state CEQA GuideIines and will not have any adverse significant
5 requirements of the California Environmental Quality Act (CEQA) per
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on the environment.
Land Use Element of the General Plan which designates the site for Con
02), is in conformance with the Elements of the City’s General Plan, incluc 8
2. The Planning Commission finds that the project, as conditioned herein for (C
9 Commercial uses.
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3. The project is consistent with the Citywide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a) The project has been conditioned to ensure that building permits wil
issued for the project unless the District Engineer determines tha
service is available, and building cannot occur within the project unle
service remains available, and the District Engineer is satisfied 1
requirements of the Public Facilities Element of the General Plan ha
met insofar as they apply to sewer service for this project.
l7 II b) All necessary public improvements have been provided or are req1
conditions of approval.
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c) The developer is required by the inclusion of an appropriate conditio
a public facilities fee. Performance of that contract and payment of
will enable this body to find that public facilities will be available co1
with need as required by the General Plan.
4. The project has been conditioned to pay any increase in public facility fee
construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared 1
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c(
availability of public facilities and will mitigate any cumulative impacts creatr
project.
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6. That the requested use is necessary or desirable for the developmen 27
of the Local Facilities Management Plan for Zone 6.
community, is essentially in harmony with the various elements and objectiv
General Plan, and is not detrimental to existing uses specifically permitte
5. This project has been conditioned to comply with any requirement approve1
PC RES0 NO. 3766 -2-
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zone in which the proposed use is located, in that the veterinary clinic is an i
commercial use which will be compatible with the surrounding coml
development and which will serve the growing population in this area of thc
7. That the site for the intended use is adequate in size and shape to accommod
use, in that because the tenant improvements necessary for this project
involve any increase in building square footage and the use will be in com
with the approved parking ratio of SDP 86-11(A) which is adequate to se
animal clinic as well as existing commercial uses located in the shopping cc
8. That all the yards, setbacks, walls, fences, landscaping, and other features ne
to adjust the requested use to existing or permitted future uses in the neighb
will be provided and maintained, in that the clinic is not proposing any alte
to the approved Site Development Plan (SDP 86-ll(A)) which provided at
yards, setbacks, walls, fences, landscaping, etc.
9. That the street system serving the proposed use is adequate to properly ha
traffic generated by the proposed use, in that the street system was desi
constructed to meet all future traffic demands created by the Plaza Past
Shopping Center (SDP 86-ll(A)).
Planning Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit
animal clinic project entitled “Alga Animal Clinic”, (Exhibits “A - “C, date
19, 1995, on file in the Planning Department and incorporated by this ref€
subject to the conditions herein set forth. Staff is authorized and directed t
or require the Developer to make all corrections and modifications to the AJ
Documents, as necessary to make them internally consistent and conform to P
Commission’s final action on the project. Development shall occur substan
shown on the approved exhibits. Any proposed development substantially d
from this approval, shall require an amendment to this approval.
2. If any of the foregoing conditions fail to occur, or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have f
to revoke or modify all approvals herein granted, deny or further condition i
of all future building permits, deny, revoke or further condition all certifi(
occupancy issued under the authority of approvals herein granted, instib
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a suca
interest by the City’s approval of this Resolution.
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
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4. This project shall comply with all conditions and mitigation measures w
required as part of the Zone 6 Local Facilities Management Plan ~
amendments made to that Plan prior to the issuance of building permits.
5. This Conditional Use Permit is granted for a period of 5 years. This Co1
Use Permit shall be reviewed by the Planning Director on a yearly basis to de
if all conditions of this permit have been met and that the use does no1
substantial negative affect on surrounding properties or the public health and
If the Planning Director determines that the use has such substantial negative
the Planning Director shall recommend that the Planning Commissio
providing the permittee the opportunity to be heard, add additional cond
reduce or eliminate the substantial negative effects. This permit may be re1
any time after a public hearing, if it is found that the use has a sul
detrimental affect on surrounding land uses and the public’s health and we
the conditions imposed herein have not been met. This permit may be exter
a reasonable period of time not to exceed 5 years upon written applicatiol
permittee made no less than 90 days prior to the expiration date. The E
Commission may not grant such extension, unless it finds that there
substantial negative affects on surrounding land uses or the public’s hea
welfare. If a substantial negative affect on surrounding land uses or the
health and welfare is found, the extension shall be denied or granted with co:
which will eliminate or substantially reduce such effects. There is no limi
number of extensions the Planning Commission may grant.
6. The Developer shall report, in writing, to the Planning Director within 30 d;
address change from that which is shown on the conditional use permit appl
7. Prior to the issuance of Building permits the Developer shall submit to the
Notice of Restriction to be filed in the office of the County Recorder, subjec
satisfaction of the Planning Director notifying all interested parties and sum
interest that the City of Carlsbad has issued a Conditional Use Permit by Res
No. 3766 on the real property owned by the developer. Said Notice of Res
shall note the property description, location of the file containing complete
details and all conditions of approval as well as any conditions or rest]
specified for inclusion in the Notice of Restriction. The Planning Director I
authority to execute and record an amendment to the Notice which modi
terminates said Notice upon a showing of good cause by the Developer or su
in interest.
8. No outdoor storage of material shall occur onsite unless required by the Fire
In such instance a storage plan will be submitted for approval by the Fire Ch
the Planning Director.
9. Prior to issuance of Building permits, the Developer shall receive approv;
Coastal Development Permit issued by the California Coastal Commissic
substantially conforms to this approval. A signed copy of the Coastal Develc
Permit must be submitted to the Planning Director. If the approval is substz
different, an amendment to CUP 95-02 shall be required.
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10. The Developer shall provide the City with a reproducible 24” x 36”, mylar co]
Site Plan as approved by the Planning Commission. The Site Plan shall re
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
11. The Developer shall include, as part of the plans submitted for any pen
check, a reduced, legible version of the approving resolution/resolutions on
36” blueline drawing. Said blueline drawing(s) shall also include a cop4
applicable Coastal Development Permit and signed approved site plan.
12. Building permits will not be issued for development of the subject propert
the District Engineer determines that sewer facilities are available at the
application for such sewer permits and will continue to be available until
occupancy.
13. The Developer shall pay the public facilities fee adopted by the City Council
28, 1987 (amended July 2, 1991) and as amended from time to time, L
development fees established by the City Council pursuant to Chapter 21.9r
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subc
agreement to pay the public facilities fee dated June 20, 1988, a copy of whi
file with the City Clerk and is incorporated by this reference. If the fees are 1
this application will not be consistent with the General Plan and approval
project will be void.
14. Any signs proposed for this development shall at a minimum be desi]
conformance with the City’s Sign Ordinance and the Plaza Paseo Real sign g
(SI 90-28) and shall require review and approval of the Planning Director ,
installation of such signs.
15. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
16. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provided herein.
17. The project shall comply with the latest non-residential disabled access requi~
pursuant to Title 24 of the State Building Code.
Engineering Conditions:
18. The applicant shall comply with all the rules, regulations and design requiren
the respective sewer and water agencies regarding services to the project.
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19. The applicant shall be responsible for coordination with S.D.G.&E., Pa(
Telephone, and Cable TV authorities.
20. Prior to building permit issuance, the applicant shall pay all current fees and
required.
21. Pretreatment of the sanitary sewer discharge from this project may be requ
addition to the requirements for a sewer connection permit the applicati
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Co
applicant shall apply for an industrial waste water discharge permit concurre:
the building permit for this project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held on the 19th day of
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, Noble and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST
KIM WkLSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
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Planning Director
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