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HomeMy WebLinkAbout2005-08-17; Planning Commission; Resolution 59491 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. 5949 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 VETERTNARY HOSPITAL ON PROPERTY GENERALLY LOCATED IN THE PLAZA DE LA COSTA SHOPPING CENTER AT THE SOUTHEAST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: CASE NO.: CUP 254x4 WHEREAS, Dr. Edward F. Mowry, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Azure Investors, LLC, “Owner,” described as LA COSTA ANIMAL HOSPITAL Parcel D of Parcel Map 10283 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” dated June 11, 1984, on file in the Planning Department, La Costa Animal Hospital - CUP 254x4, as provided by the conditions of approval of CUP 254x3 and Chapter 21.42 and/or 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of August 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 November 15,2000, the Planning Commission approved CUP 254x3 as described and conditioned in Planning Commission Resolution No. 4852. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES LA COSTA ANIMAL HOSPITAL - CUP 254x4 based on the following findings and subject to the following conditions: Findinm: 1. The adopted findings for CUP 254x3 which are contained in Planning Commission Resolution No. 4852 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 modi@ 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. All conditions of approval imposed upon Conditional Use Permit CUP 254x3 as stated in Planning Commission Resolution No. 4852 shall apply as conditions of approval for CUP 254x4 and are incorporated by this reference, except Conditions No. 3 which is replaced by Condition No. 4 below and Condition No. 5 which has been added to ensure compliance with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. 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 fiom August 24,2005 through August 23,2010. 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 PC RES0 NO. 5949 -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 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. 5. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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 fiom 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. PC RES0 NO. 5949 -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 17th day of August 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: m JEFFRE N. SEGALL,xhairperson CARLSBAD PLANNING COMMISSION ATTEST: h DON NEU Assistant Planning Director PC RES0 NO. 5949 -4-