HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58591
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PLANNING COMMISSION RESOLUTION NO. 5859
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 AT 6955 EL
CAMINO REAL IN THE PLAZA PASEO REAL SHOPPING
CENTER WITHIN LOCAL FACILITIES MANAGEMENT
ZONE! 6.
CASE NAME: ALGA PET HOSPITAL
CASE NO.: CUP 95-02x2
WHEREAS, Johnathan Lax, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Plaza Paseo Real Associates, LLC, “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 Planning
Department ALGA PET HOSPITAL, as provided by the conditions of approval of CUP 95-
02x2 and Chapter 21.42 and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of April 2006, 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
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WHEREAS, on April 19, 1995, the Planning Commission approved CUP 95-
02x1 as described and conditioned in Planning Commission Resolution No. 5169.
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 95-02x2 based on
the following findings and subject to the following conditions:
Findinm:
1. The adopted findings for CUP 95-02x1 which are contained in Planning Commission
Resolution No. 5169 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 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
Extension.
2. All conditions of approval imposed upon Conditional Use Permit (CUP 95-02x1) as
stated in Planning Commission Resolution No. 5169 shall apply as conditions of approval
for (CUP 9502x2) and are incorporated by this reference with the exception of Condition
Nos. 4 and 5 which have been satisfied and Condition No. 3 which is replaced by
Condition No. 4 below.
3.
PC RES0 NO. 5859 -2-
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
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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.
4. This Conditional Use Permit is granted for a period of five (5) years from April 19,2005
through April 18,2010. 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 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 feedexactions
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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PC RES0 NO. 5859 -3-
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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 6th day of April 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN:
321 JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5859 -4-