HomeMy WebLinkAbout2005-03-02; Planning Commission; Resolution 58431
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. 5843
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF A VETERINARY
CLINIC ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CASE NO.: CUP 169x4
WHEREAS, William R. Robertson, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Alpaca Properties LLC, “Owner,”
described as
AARDVARK ANIMAL HEALTH CENTER
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 Planning
Department, AARDVARK ANIMAL, HEALTH CENTER - CUP 169x4, as provided by the
conditions of approval of CUP 169x3 and Chapter 21.42 andor 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 2nd day of March 2005, 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; and
WHEREAS, on September 21, 2001, the Planning Commission approved CUP
169x3 as described and conditioned in Planning Commission Resolution No. 5044.
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
Commissio
A)
B)
Findinps :
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
of the City of Carlsbad as follows:
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 169x4, to be effective retroactively from January 23, 2005 based on the
following findings and subject to the following conditions:
1. The adopted findings for CUP 169x3 which are contained in Planning Commission
Resolution No. 5044 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
4.
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; record a notice of violation on the
property title; 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.
All conditions of approval imposed upon Conditional Use Permit (CUP 169x3) as stated
in Planning Commission Resolution No. 5044 shall apply as conditions of approval for
CUP 169x4 and are incorporated by this reference, except Condition No. 4 which has
been satisfied, and Condition No. 3 is replaced by Condition No. 4 below.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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.
This Conditional Use Permit is granted for a period of five years retroactively from
January 23,2005 through January 22,2010. 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 RES0 NO. 5843 -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.
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 feedexactions. 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 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.
...
...
...
...
...
...
...
...
PC RES0 NO. 5843 -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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
945, JEFFRE N. SEGAL , Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5843 -4-