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HomeMy WebLinkAbout1996-07-17; Planning Commission; Resolution 39510 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 0 0 PLANNING COMMISSION RESOLUTION NO. 3951 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT EXTENSION TO ALLOW CONTINUED OPERATION OF AN ALL-CATS VETERINARY HOSPITAL ON PROPERTY GENERALLY LOCATED AT 7040 AVENIDA ENCINAS IN SUITE 109 OF THE POINSETTIA VILLAGE SHOPPING CENTER. CASE NAME: ALL CATS HOSPITAL CASE NO: CUP 90-12x1 WHEREAS, Lynn Yut, D.V.M., applicant, has filed a verified applicatior the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension as shown on Exhibit “A”, dated May 27, 1991 (CUP 90-12x1), an provided by the conditions of approval for CUP 90-12 and by Chapter 21.42 of the Car Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plsu Commission did, on the 17” day of July, 1996, hold a duly noticed public hearing to COI said application on property described as: Lot 14 of Parcel Map 15187, City of Carlsbad, County of San Diego, Sta California, filed March 28,1988. WHEREAS, at said public hearing, upon hearing and considering all testi~ and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to CUP 90-12x1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ~ ~ ... 0 * 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 B) That based on the evidence presented at the public hearing, the Comm APPROVES Conditional Use Permit Extension, CUP 90-12x1, based c following findings and subject to the following conditions: Findings: 1. That the requested continuation of an existing use is necessary or desirable fc development of the community, is essentially in harmony with the various elemenl objectives of the General Plan, and is not detrimental to existing uses specif permitted in the zone in which the proposed use is located, in that the ex commercial use is still compatible with surrounding commercial developmen will serve the growing population in the City. 2. That the site for the existing use is adequate in size and shape to accommodate the L that the existing use involved only tenant improvements with no additional s! footage required, and the site still contains adequate parking to accommodat use in compliance with the City parking requirements. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess2 adjust the continuation of the existing use to existing or permitted hture uses i neighborhood will be provided and maintained, in that the use still does not requirc alteration of the approved Site Development Plan (SDP 82-03), which pro’ adequate setbacks, landscaping, etc. 4. That the street system serving the existing use is adequate to properly handle all ti generated by the proposed use, in that the street system, designed and constructc meet all future traffic demands created by the shopping center, is still adequa serve the existing veterinary hospital and all other uses on the site. 5. That the Planning Director has determined that the project is exempt fiorr requirements of the California Environmental Quality Act (CEQA) per Section 1531 the State CEQA Guidelines and will not have any adverse significant impact 01 environment. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit Exter for the veterinary hospital project entitled “All Cats Hospital” (Exhibit “A” on fi the Planning Department and incorporated by this reference, dated May 27, l! subject to the conditions herein set forth. Staff is authorized and directed to mal require the Developer to make all corrections and modifications to the CUP 90- Documents, as necessary to make them internally consistent and conform to Plan Commission’s final action on the project. ~ 2. All of the conditions of approval contained in Planning Commission Resolution 3249 (CUP 90-12) are included herein by reference with the exception of Cond No. 8, which is replaced by Condition No. 3 below. PC RES0 NO. 3951 -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 0 0 3. ... . .. ... This Conditional Use Permit is extended for a period of five (5) years from the d expiration with a new expiration date of July 17, 2001. This Conditional Use F shall be reviewed by the Planning Director on a yearly basis to determine if all cond of this permit have been met and that the use does not have a substantial negative . on surrounding properties or the public health and welfare. If the Planning Dil determines that the use has such substantial negative effects, the Planning Director recommend that the Planning Commission, after providing the permittee the opporf to be heard, add additional conditions to reduce or eliminate the substantial neg effects. This permit may be revoked at any time after a public hearing, if it is founl the use has a substantial detrimental effect on surrounding land uses and the pu health and welfare, or the conditions imposed herein have not been met. This permi be extended for a reasonable period of time not to exceed five (5) years upon w application of the permittee made no less than 90 days prior to the expiration date. Planning Commission may not grant such extension, unless it finds that there art substantial negative effects on surrounding land uses or the public’s health and we If a substantial negative effect on surrounding land uses or the public’s health and wt is found, the extension shall be denied or granted with conditions which will eliminr substantially reduce such effects. There is no limit to the number of extensions whic Planning Commission may grant. ... ... ... ... ... ... ... ... ... . .. PC RES0 NO. 3951 -3 - * 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 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 17th day of July, 1996, k following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Mo Nielsen, Noble, Savary NOES: ABSENT: Commissioner Welshons ABSTAIN: WILLIAM COMPAS, Chairiferson CAFUSBAD PLANNING COMMISSION ATTEST: , on, W MICHAEL J. HOLZMILLEFU Planning Director ~ ~ 1 PC RES0 NO. 3951 -4- 1