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