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Home My WebLink About2001-09-19; Planning Commission; Resolution 50441 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 PLANNING COMMISSION RESOLUTION NO. 5044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR RETROACTIVE EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW A VETERINARY CLINIC ON PROPERTY GENERALLY LOCATED IN THE WEST BLUFF PLAZA COMMERICAL CENTER AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: AARDVARKANIMAL HEALTHCENTER CASE NO.: CUP 169x3 WHEREAS, William R. Roberston D.V.M, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Victor Kimball, “Owner,” 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. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” dated January 23, 1980, on file in the Carlsbad Planning Department, AARDVARK ANIMAL HEALTH CENTER - CUP 169x3 as provided by the conditions of approval of CUP 169x2 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of September 2001, 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 April 19, 1995 the Planning Commission approved CUP 169x2 as described and conditioned in Planning Commission Resolution No. 3761. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES AARDVARK ANIMAL HEALTH CENTER - CUP 169x3, to be effective retroactively from January 23, 2000, based on the following findings and subject to the following conditions: Findinps: ~ 1. The adopted project findings for CUP 169x2 which are contained in Planning Commission Resolution No. 3761 apply to this extension. 2. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. 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 future 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. 2. This project shall comply with all conditions required as part of the approved Conditional Use Permit (CUP 169x2) as contained in Planning Commission Resolution No. 3761 except Condition No. 2 which is replaced by Condition No. 3 below. Condition No. 2 which is no longer applicable. 3. This Conditional Use Permit is granted for a period of five years retroactively from January 23, 2000 through January 23, 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 PC RESO NO. 5044 -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 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 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. 4. Within six month of this CUP extension, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff from the project. At a minimum, the Plan shall: A) Identify on-site pollutants. B) Recommend source control Best Management Practices (BMPs) to filter said pollutants. C) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and customer education on the proper procedures for handling clean up and disposal of pollutants. D) Ensure long-term maintenance of all BMPs in perpetuity. 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 file 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. 5044 -3- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of September, 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HvLZMIkER Planning Director PC RESO NO. 5044 -4-