HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52921
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PLANNING COMMISSION RESOLUTION NO. 5292
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A VETERINARY
CLINIC ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND
LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 11.
CASE NAME: CANYON CREEK ANIMAL HOSPITAL
CASE NO.: CUP 02-10
WHEREAS, Betty J. Hall, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Rancho La Costa Village, LLC, “Owner,”
described as
Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad,
County of San Diego, State of California, recorded on
February 25,1983 as file/page No. 83-060578 of oficial records
in the office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit “A” - “F” dated October 2,2002, on file in the Carlsbad Planning
Department, CANYON CREEK ANIMAL HOSPITAL - CUP 02-10, as provided by Chapter
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of October 2002,
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 CUP 02-10.
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CANYON CREEK ANIMAL CLINIC - CUP 02-10, based on
the following findings and subject to the following conditions:
Findinps: -
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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 the proposed veterinary clinic is a conditionally
permitted use in the C-2 zone and will provide a necessary and desirable service to
the residents of Carlsbad; required on-site parking exists to service the site and the
site has adequate traffic circulation. Potential noise and waste impacts associated
with veterinary clinic operation are to be mitigated through sound attenuation and
waste mitigation measures incorporated into the design and operation of the clinic.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project involves only tenant improvements to a building in an approved
commercial center. No expansion of previously approved square footage is
proposed.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in the approved Site Development Plan for the commercial
center ensured compatibility with surrounding residential uses through increased
building setbacks and landscaping. The proposed veterinary clinic incorporates
sound and waste mitigation measures into the design of the building and the
operation of the clinic in order to minimize the potential impacts of veterinary clinic
operation on surrounding land uses and tenants.
That the street system serving the proposed use is adequate to properly handle all trafic
generated by the proposed use, in that the impacts of future commercial tenants on the
existing street system were evaluated and addressed though the approval of Site
Development Plan, SDP 99-07, which approved the commercial center in which the
clinic is to be located.
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.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5292 -2-
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
PC RES0 NO. 5292 -3-
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7. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
8.
a. This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such substantial negative
effects, the Planning Director shall recommend that the Planning Commission, after
providing the permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects.
b. This Conditional Use Permit is granted for a period of five (5) years from October 2,
2002 to October 1, 2007. 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.
9. The Developer shall submit to the City a Notice of Restriction to be filed in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifjmg all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 5292 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
Enpineering
10. The Developer shall submit and receive approval of a Storm Water Management Plan
(SWMP) as required by the California Regional Water Quality Control Board. The
SWMP has addressed the anticipated pollutants of concern associated with the project
and has suggested Best Management Practices (BMP’s) which eliminate the discharge of
these pollutants to maximum extent possible ...
PC RES0 NO. 5292 -4-
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Code Reminders
11. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
II 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.
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11 PC RES0 NO. 5292 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of October by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMI~LER
Planning Director
PC RES0 NO. 5292 -6-