HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59851
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PLANNING COMMISSION RESOLUTION NO. 5985
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A VETERINARIAN HOSPITAL WITH A CARETAKER
UNIT ON PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF EL CAMINO REAL AND CASSIA
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CASSIA PROFESSIONAL OFFICES
CASE NO.: CUP 05-01
WHEREAS, Franz-Yut El Camino, A Limited Liability Company,
“Developer,” has filed a verified application with the City of Carlsbad regarding property owned
by Bressi Daughters’ Trust U/D/T dated November 22,2000, “Owner,” described as
A portion of parcel 2 of Parcel Map 1188, recorded December
20, 1972, as File No. 340344, being a portion of fractional
Section 23, Township 12 South, Range 4 West, San Bernardino
Meridian, being within 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 as shown on Exhibits “A” - “Q” dated November 2, 2005, on file in the Planning
Department, CASSIA PROFESSIONAL OFFICES - CUP 05-01, 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 November 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.
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 CASSIA PROFESSIONAL OFFICES - CUP 05-01, based on the
following findings and subject to the following conditions:
1.
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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 veterinarian hospital use is appropriate
in the Office land use and zoning designation, that the proposed development meets
the minimum development standards for the Office zone and that adequate
separation of uses would ensure compatibility with the adjacent residential and
open space land uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards without the need for a
variance from development standards.
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 that the project provides the required setbacks and
incorporates architectural enhancements and landscaping consistent with the Office
zone, the Non-Residential Planned Development Ordinance and City of Carlsbad
Landscape Manual. The staff residential unit allows personnel to monitor and take
care of animals during the night.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Cassia Road and El Camino Real, a prime
arterial roadway, have adequate capacity to handle the 490 ADT generated by the
project. The project’s only access is through the signalized intersection of Cassia
Road and El Camino Real.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or grading permit, whichever occurs first.
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
PC RES0 NO. 5985 -2-
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2.
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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.
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.
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 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.
This Conditional Use Permit is granted for a period of 10 years from November 2,2005
to November 1,2015. 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 10 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. 5985 -3-
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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.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 05-03, ZC 05-01, LFMP
87-10(A), HMPP 05-06, CT 05-06, PUD 05-04, SDP 05-03, HDP 05-02 and SUP 05-
01 and is subject to all conditions contained in Planning Commission Resolutions No.
5977, 5978, 5979, 5980, 5981, 5982, 5983, 5984, 5986 and 5987 for those other
approvals.
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. 5985 -4-
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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 November 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATJEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5985 -5-