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HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48521 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 I - PLANNING COMMISSION RESOLUTION NO. 4852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO A VETERINARY HOSPITAL ON PROPERTY GENERALLY LOCATED IN THE PLAZA DE LA COSTA SHOPPING CENTER AT THE SOUTHEAST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA ANIMAL HOSPITAL CASE NO.: CUP 254X3 WHEREAS, Dr. Edward Mowry, La Costa Animal Hospital, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Azure Investors, LLC, “Owner,” described as Parcel D of Parcel Map 10283 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” dated June 11,1984, on tile in the Carlsbad Planning Department, LA COSTA ANIMAL HOSPITAL - CUP 254x3 as provided by the conditions of approval of CUP 254x2 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of November 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 the CUP Extension WHEREAS, on September 18, 1996 the Planning Commission approved CUP 254x2 as described and conditioned in Planning Commission Resolution No. 3981 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES LA COSTA ANIMAL HOSPITAL - CUP 254X3, to be effective retroactively from August 24, 2000, based on the following findings and subject to the following conditions: Findings: 1. The adopted project findings for CUP 254x2 which are contained in Planning Commission Resolution No. 3981 apply to this extension except Finding No. 1 which is replaced by Finding No. 2 below. 2. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: 1) veterinary hospitals are conditionally permitted uses in the C-l zone; and 2) the existing veterinary hospital is a non-disruptive commercial service use which has operated in the La Costa Towne Center (formerly Plaza de la Costa) commercial center for 17 years. Conditions: 1. 2. 3. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all mture building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this conditional use permit. This project shall comply with all conditions required as part of the approved Conditional Use Permit (CUP 254x2) as contained in Planning Commission Resolution No. 3981 except Condition No. 2 which is replaced by Condition No. 3 below, and Condition No. 3 which is no longer applicable. This Conditional Use Permit is granted for a period of five years retroactively from August 24,200O through August 24,2005. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect 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. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or PC RESO NO. 4852 -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 granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. I NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4852 -3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: ;: ,’ ,:c, /~%AbL WILLIAM COMPAS, Chairper&in CARLSBAD PLANNING COMMISSION ATTEST: MICHABL J. HOmILtiR Planning Director PC RESO NO. 4852 -4-