HomeMy WebLinkAbout2001-09-19; Planning Commission; ; CUP 169X3 - AARDVARK ANIMAL HEALTH CENTERC .. --.
The City of CARLSBAD Planning Departme)(
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: September 19, 2001
Item No.(!)
Application complete date: March 12, 2001
Project Planner: Greg Fisher
Project Engineer: David Rick
SUBJECT: CUP 169x3 -AARDVARK ANIMAL HEALTH CENTER -Request for a 5
year extension of CUP 169x2 to allow the continued operation of a veterinary
clinic located in the West Bluff Plaza Commercial Center at the northeast comer
of Alga Road and El Camino Real in Local Facilities Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5044
APPROVING a five-year extension of CUP 169x2 based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed retroactive five-year extension of CUP 169x2 will allow the continued operation
of a veterinary clinic located in the West Bluff Plaza Commercial Center from January 23, 2000
through January 23, 2005.
III. PROJECT DESCRIPTION AND BACKGROUND
On January 23, 1980 the Planning Commission approved CUP 169 to allow the operation of a
veterinary clinic located in the West Bluff Plaza Commercial Center. Condition No. 2 of the
approving CUP Resolution No. 1591 specifies that CUP 169 is granted for a period of five-years
but may be extended upon written application of the permittee. The applicant requested, and was
granted a ten-year extension for the facility on May 2, 1990 extending the CUP retroactivity
from January 23, 1985 to January 23, 1995. In 1995, the applicant requested a second extension
and was granted a five-year extension for the facility on April 19, 1995. The applicant, (William
R. Robertson), is now requesting a third 5-year extension of CUP 169 effective retroactively
from January 23, 2000 through January 23, 2005 to allow the continued operation of the
veterinary clinic at this site.
IV. ANALYSIS
A. The veterinary clinic continues to be consistent with all applicable plans, policies and
regulations described below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan 6; and,
C CUP 169x3 -AARDVARK ANIMAL HEAL TH CENTER
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""""' September 19, 2001
Page2
3. Title 21 of the Carlsbad Municipal Code.
B. The adopted project conditions for CUP 169x2, which are contained in Planning
Commission Resolution No. 3761 still apply to this project (CUP 169x3) with the
exception of Condition No. 2 which is replaced by Condition No. 3 in Planning
Commission Resolution No. 5044 and new Condition No. 4 which requires submittal of a
SWPPP within six months of approval of the project. Condition No. 3 retroactivity
extends CUP 169x2 for 5 years from January 23, 2000 through January 23, 2005.
C. No formal written complaints regarding CUP 169 have been submitted to the City.
D. Annual reviews have been conducted for CUP 169 and the project is in compliance with
all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 5044 (CUP)
2. Location Map
3. Disclosure Statement
3. Planning Commission Resolution No. 3761, dated April 19, 1995.
4. Planning Commission Resolution No. 3015, dated May 2, 1990.
5. Planning Commission Resolution No. 1591, dated January 23, 1980.
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SITE
AARDVARK ANIMAL HEALTH
CENTER
CUP 169x3
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_Cli_y of Carlsbad • • --· UEi,t,il,14i•J4•ilii,O§IJI
DISCLOSURE STATll:MENT
Applicant's sLatcment or disclosure of certain ownership interests on all applications which will
require discretionary action on 1hc part of the City Council or any appointed Board, Commission
or Committee.
The fo)lowing information ~UST be disclosed at the time of app\icaLion submittal. Your
project cannot he reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-parlnership,joint venture, association, social duh,
fraternal organiz.ation, corporation, estate, trost, receiver, syndicate, in this an<l any other county,
city and counLy, city municipality, districl or other pt,litical subdivision or any olht,'T group or
combination acting as a unit.''
Agents may sign this document; however, the legal name and entity or the applicant and
property owner must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COM~LETE, LJ4:GAI~ names and addresses of ALL p\;rsons having a
financial inleresl in the appJicatlon. If the applicanl includes a comoration or partnership.
include lhe names. title, addresses of all individuals owning more than 10°/ii of the shares.
lF NO TNDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (NIA) 1N THE SPACE BELOW Tf a lli!hlicly~Qwned
corporation, include the names, titles, and addresses of the corporate officers. (A
separnte page may be attached if necessary.)
Person_ Ld, (.,L 1.4riz i;,1• jj. 1'£ d... J s<N Corp/Part __ . _ /4 r~;Nll,V: •·'? . Title Av> /.,Vl::(5 (.'c,-·vt'"A 't'-~_s..e. C: T1tle_._
I
Address(, f~ Ci.c.-,Nf""-,u 12._i:::~-;,,_L:-✓/ y_·-Address __ _
, A,<c > ,-.J•1-p
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('",{
OWNER (N<:lt the owner's agent)
Provide lhe COMrLEJ'E, LEGAL names an<l a<ldrcsscs of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e, partnership, tenants in common, non-profit, corporation. elc.). If the
ownership includes a corporation or partnership, include the names, title, addresses of all
in<lividuals owning more than 10% of lhe shams. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, Pl.EASE INDICATE NON-APPLICABLE (NIA) IN
THE SPACE BELOW. If a !!!!bli~l_y-owncd_ GQJ:P9ration. include the names, titles, and
a<l<lresses of1hc corporate officers. (A separate page may be attached if necessary.)
Title \\J~~v-:...---Title _____________ _
P.03
Address :$½~ ~ Address 6 ~----'S.i: 3>00 S-u .::t±.L\{)D
~\-t-L.c...~-e.. c:::::... ~"'-'isc.+ I\.\
1635 Faraday Avanue • Carl$bad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-6559 • www.ci.car bad.ca.us @
1. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is ~.nonprofit org_anizatiun or_ a trust,
list the names an<l addresses of ANY peTson serving as ru1 officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust_ ____ Non Profit/Trnst ___ .
Title __
Address __
Title. __ _
Address __ _
4. Have you had more than $250 worth of business transacted with any member of City
stare Boards, Commissions, Co1mniUees and/or Council within the past twelve ( 12)
months?
D Yes ~ No If yes, please indicate pcrson(s): __ _
NOTE: Auach additional sheets if necessary.
L 1at all the above information is true and correct to the hesl or my knowledge.
-----,~..,_..,....\t=s Q~~LI .. A/ !2dz,,,-I-:,.-~/,-.;,,
Signalure or o • ncr/date \ i _ J Signature of applicant/date . I ,:, V \) ~ Cl I";·• 6.,5, /..-I,. ,c_. -~1t,k ✓ \~\V\J\¼kk !,J:L( ,_4 ··'c-,.I/✓"~:~£~ ?f<:.I'/
Prinl or 1ypc name of owner Print or type name of applicant
Signature of owner/applicant's agent jf applicable/dare
Print or type name of owner/applicant's agent
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PLANNING COMMISSION RESOLUTION NO. 3761
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5 YEAR
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A VETERINARY CLINIC
ON PROPERTY GENERALLY LOCATED IN THE WESTBLUFF
PLAZA COMMERCIAL CENTER AT THE NORTHEAST
CORNER OF ALGA ROAD AND EL CAMINO REAL.
CASE NAME: WESTBLUFF ASSOCIATES LTD
CASE NO: CUP 169x2
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Chapter
21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 19th day of April, 1995, hold a duly noticed public hearing to consider
said application on property described as:
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.
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 169x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 169x2, based on the following findings and subject to the
following conditions:
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Findings:
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 or to uses specifically permitted in the zone in which
the proposed use is to be located, in that it is a non-disruptive commercial service use
which has operated in an existing commercial center for 15 years;
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the use is conducted entirely within the commercial space provided without
impacting adjacent uses;
That all of 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 sound insulation in adjoining walls has been
provided, and the placement of animal cages along the rear wall to avoid noise
impacts to adjacent uses has been required; and
That the street system serving the proposed use includes El Camino Real and Alga
Road. These prime and major arterials currently operate at acceptable levels and
are adequate to properly handle all traffic generated by the proposed use.
Conditions:
1.
2.
All conditions of approval imposed upon CUP 169 and CUP 169xl as stated in
Planning Commission Resolutions 1591 and 3015 shall apply as conditions of
approval for CUP 169x2 except as amended by Condition No. 2 below.
This Conditional Use Permit is granted for a period of five (5) years beginning January
23, 1995 and expiring January 23, 2000. 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 affect 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 permit may be revoked at any time after a public hearing, if it is found that
the use has a substantial detrimental affect 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 5 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 fmds that there are no
substantial negative affects on surrounding land uses or the public's health and welfare.
If a substantial negative affect 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.
PC RESO NO. 3761 -2-
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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 19th day of April, 1995, by the
following vote, to wit:
A YES: Oiairperson Welshons; Commissioners Compas, Erwin, Monroy,
Nielsen, Noble and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
~~
PLANNING DIRECTOR
PC RESO NO. 3761
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF
CARLSBAD, CALIFORNIA, APPROVING A 10 YEAR EXTENSION OF
A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF A VETERINARY CLINIC ON PROPER1Y GENERALLY
LOCATED IN THE WEST BLUFF PLAZA COMMERCIAL CENTER AT
THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO
REAL ..
CASE NAME: WESTBLUFF ASSOCIATES, LTD.
CASE NO: CUP 169xl
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Com.mission~ and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the prov1S1ons of the Municipal Code, the Planning
Commission did, on the 20th day of June, 1990, hold a duly noticed public hearing to consider
said application on property described as:
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.
WI-I£R.£AS, 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 169xl.
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 Commission APPROVES
CUP 169xl, based on the following findings and subject to the following conditions:
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Findings:
1. 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 or to uses specifically pennitted in the zone in which
the proposed use is to be located;
2. That the site for the intended use continues to be adequate m size and shape to
accommodate the use;
3. That all of 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;
4. That the street system serving the proposed use continues to be adequate to properly
handle all traffic generated by the proposed use.
Conditions:
1. All conditions of approval imposed upon CUP 169 as stated in Planning Commission
Resolution 1591 shall. apply as conditions of approval for CUP 169xl.
2. This conditional use pennit is extended for a period of ten (10) years beginning on
January 23, 1985 and expiring on January 23, 1995 unless subsequent extensions are
approved. This conditional use permit shall he reviewed. by the Planning Director on a
yearly basis to detemrine if all conditions of this permit have been. met and that the use
does not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director detemrines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning Commission,
after providing the permittee the opportunity to be heard, add additional conditions to
mitigate the significant adverse impacts. This permit may be revoked at any time aftei: a
public hearing, if it is found that the use has a significant detrimental affect on
surrounding land uses and the publics 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 (5) years upon written application.
PC RESO NO. 3015 -2-
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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 May, 1990, by the
following vote, to wit~
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chairperson Schramm, Commissioners: Schlehuber, Holmes,
McFadden, Marcus & Hall.
None.
Commissioner Erwin.
None.
--~-!1!'-' ~~
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
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MICHAEL.LHOMILL
16 PLANNING DIRECTOR
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PC RESO NO. 3015 -3-
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PLANNING COMMISSION RESOLUTION NO. 1591
RESOLUTION OF THE PLANNING COM.MISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO PERMIT A VETERINARY
CLINIC IN A COMMERCIAL CENTER ON THE NORTH
SIDE OF ALGA ROAD, EAST OF EL CAMINO REAL.
APPLICANT: GOETZE
CASE NO: CUP-169
WHEREAS, a verified application has been with the
8 City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request
10 as provided by Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, purusant to the provisions of the Municipal Code,
12 the Planning Commission did, on the 9th day of January, 1980,
13 hold a duly noticed public hearing to consider said application
14 on property described as:
15 Being a portion of the west half of the northeast quarter
of Section 26, Township 12 South, Range 4 West, San
16 Bernardino base and meridian, in the City of Carlsbad,
County of San Diego, State of California, according to
17 United States Government Survey.
18 WHEREAS, the subject property has complied with the require-
19 ments of the City of Carlsbad's Environmental Protection Ordinance
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20 1 of 1972 and the State Environmental Quality Act in that the
21 project has been processed through Environmental Review and a
22 Negative Declaration, Log No. 627, has been issued for the
23 following reasons:
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An Environmental Impact Report (EIR NO. 283) was certified
for the subject property on May 6, 1975. Measures to
mitigate potential significant environmental impacts were
included as part of the original approval of the
commercial center.
The proposed veterinary hospital would be located entirely
within the existing building.
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No landform alteration or site modifications are proposed.
The commercial center has been adequately improved to
accommodate the subject project.
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WHEREAS, at said public hearing a staff report was submitted
and all persons desiring to speak on the subject proposal were
heard. At the conclusion of said hearing, upon considerations
of all evidence presented, the Planning Commission found the
following facts and reasons to exist:
Findings:
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This project is consistent with the General Plan Land
Use Element designation of neighborhood commercial since
it will serve the local area.
This project is consistent with all applicable Public
Facility Policies and Ordinances and with the Public
Facilities Element since:
a. Sewer service is currently provided by the Leucadia
County Water District.
b. Water service is currently provided by the Carlsbad
Municipal Water District.
c. Gas and Electric service is provided by SDG&E.
d. All necessary on-site and adjacent public improvements
are existing or will be required as conditions of
approval.
This project is consistent with all other elements of the
General Plan.
This project will not have a significant adverse environ-
mental impacts. A Negative Declaration, Log No. 627, was
issued on December 17, 1979, the following reasons:
a. An Environmental Impact Report (EIR NO. 283) was
certified for the subject property on May 6, 1975.
Measures to mitigate potential significant environ-
mental impacts were included as part of the original
approval of the commercial center.
b. The proposed veterinary hospital would be located
entirely within the existing building.
c. No landform alteration or site modifications are
proposed.
PC RESO # 1591 -2-
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5.
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d. The commercial center has been adequately improved
to accommodate the subject project.
This use is desirable for the development of the community
and is not detrimental to existing or proposed uses because:
a. The surrounding uses will be commercial.
b. There is currently a need for a veterinary clinic in
the La Costa area.
The site is adequate 1n size and shape to accommodate the
use because:
a. There is adequate room for all activities, including
a waiting room.
b. Parking, landscaping, etc., have been provided for
the entire center.
The use has been adequately adjusted to the surrounding
areas because:
a. Sound insulation will be required for all walls
adjoining other offices.
b. The interior design of the clinic provides for the
cages to be along the rear wall not adjacent to
other uses.
The street system is adequate to service the use because
the property is located just off of El Camino Real and
Alga Road which are major streets capable of handling
large amounts of traffic.
WHEREAS, the Planning Commission, by the following vote,
approved CUP-169, subject to certain conditions:
1.
2.
Approval is granted for CUP-169 as shown in Planning
Commission Exhibits A & B dated 11/26/79, incorporated
by reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
This Conditional Use Permit shall expire and all uses
pursuant to it shall cease 5 years after the date of issuance.
This expiration period may be extended upon written
application of permittee for a reasonable period of time
not to exceed five years. In granting such extension, the
Planning Commission shall find that no substantial adverse
effect on surrounding land uses will result because of the
continuation of the permitted use. If a substantial adverse
effect on surrounding land uses is found, the extension shall
be considered as an original application for a Conditional
PC RESO # 1591
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Use Permit. There is no limit on the number of extensions
the Planning Commission may grant.
This Conditional Use Permit will be reviewed by the
Planning Department in ninety days to ensure compliance
with the conditions. If any of the conditions have not
been met, or are violated, the Planning Department shall
present a report to the Planning Commission.
The applicant shall insulate all party walls to meet an
S.T.C. rating of 50 dBa.
AYES:
NOES:
ABSENT:
Larson, Rorobotis, Schick, Marcus, Leeds.
None.
Friestedt, Jose.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing
recitations are true and correct.
E irman
CARLSBAD, PLANNING C~M..MI\8ION
'•,.,_)
ATTEST:
23 ·s C. HA%:AMAN, ,.Secretary
1 /i'ARLSBAD PLANNIN9·' COMMISSION 24 ;-/
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l STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
2 CITY OF CARLSBAD )
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5 I, JAMES C. HAGMIT...AN, Secretary to the Planning Commission
6 of the City of Carlsbad, California, do hereby certify that
7 the foregoing resolution was duly introduced, approved and adopted
8 by the Planning Commission of the City of Carlsbad at a regular
9 meeting of said Commission held on the 23rd day of January, 1980,
10 by the following roll call vote:
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AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt,
Larson
NOES: None
ABSTAIN: None
ABSENT : None
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