HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51691
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PLANNING COMMISSION RESOLUTION NO. 5169
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A VETERINARY CLINIC
ON PROPERTY GENERALLY LOCATED IN THE PLAZA
PASEO REAL SHOPPING CENTER WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: ALGA PET HOSPITAL
CASE NO.: CUP 95-02x1
WHEREAS, Johnathon Lax, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Board of Admin. Trust, “Owner,” described
as
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.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated April 19, 1995, on file in the Carlsbad
Planning Department, ALGA PET HOSPITAL - CUP 95-02x1 and as provided by the
conditions of approval of CUP 95-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April 2002, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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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 95-02
as described and conditioned in Planning Commission Resolution No. 3766.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES ALGA PET HOSPITAL - CUP 95-02x1, to be
effective retroactively from April 19, 2000 to April 18, 2005, based on the
following findings and subject to the following conditions:
Findinm:
1. The adopted project findings for CUP 95-02 which are contained in Planning
Commission Resolution No. 3766 apply to this extension and are incorporated by this
reference.
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 modi@ all approvals herein granted; deny or Mer 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 extension.
2. This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 95-02) as contained in Planning Commission Resolution No. 3766
PC RES0 NO. 5 169 -2-
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except Condition No. 5 which is replaced by Condition No. 3 below and Conditions No.
7,9 through 13,15,16,19 and 20 which have been satisfied.
3. This Conditional Use Permit is granted for a period of 5-years retroactively from April
19,2000 through April 18,2005. 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 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.
EnPineerinP:
4. Within six months of approval of this Conditional Use Permit Extension, Developer shall
submit and receive approval for a Storm Water Pollution Prevention Plan (SWPPP) to the
City of Carlsbad Engineering Department and the California Regional Water Quality
Control Board (CRWQCB). This project qualifies as a “priority project” as defined by
Order No. 2001-01 by the California Regional Water Quality Control Board and
therefore, this project is required to capture and reduce pollutants to a level of
insignificance. The organization and content of the SWPPP shall be prepared in
accordance with the guidelines as established by the CRWQCB and as modified by the
City of Carlsbad. The SWPPP shall address the anticipated pollutants of concern
associated with the Project. The SWPPP shall also suggest the type(s) of post-
construction (structural) Best Management Practices (BMPs) required to capture and
filter said pollutants of concern.
5. Prior to the next annual review of this Conditional Use Permit in 2002, Developer shall
have constructed the necessary BMP measures necessary to capture and filter the
anticipated pollutants of concern associated with the Project in accordance with the
SWPPP and the latest California National Pollution Discharge Elimination System
(NPDES) permit.
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
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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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of April 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HGLZ-LER
Planning Director
PC RES0 NO. 5 169 -4-