HomeMy WebLinkAboutCUP 98-18x2; La Posada de Guadalupe de Carlsbad; Conditional Use Permit (CUP)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. ( 1
P.C. AGENDA OF: March 2, 2011
Application complete date: July 01, 2010
Project Planner: Dan Halverson
Project Engineer: Tecla Levi
SUBJECT: CUP 98-18x2 - LA POSADA DE GUADALUPE DE CARLSBAD
EXTENSION - Request for a retroactive ten (10) year extension of CUP 98-
18x1 to allow the continued operation of an emergency homeless shelter located
at 2480 Impala Drive in Local Facilities Management Zone 5.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6764
APPROVING a retroactive ten (10) year extension of CUP 98-18x1 based upon the findings
and subject to the conditions contained therein.
II.INTRODUCTION
This proposed retroactive ten year extension of CUP 98-18x1 will allow the continued operation
of an emergency homeless shelter facility located at 2480 Impala Drive from February 11, 2011
through February 10, 2021. The CUP expired February 11, 2010. The applicant, Catholic
Charities Diocese of San Diego filed for an extension in a timely manner, May 24, 2010, and is
requesting the extension of CUP 98-18x2 to allow for the continued operation of the emergency
homeless facility.
III. PROJECT DESCRIPTION AND BACKGROUND
On February 4, 2004 the Planning Commission approved CUP 98-18x1 to permit the continued
operation of an emergency homeless shelter for fifty (50) homeless migrant workers at 2480
Impala Drive. Condition No 4 of the approving CUP Resolution No. 5570 specifies that CUP 98-
18x1 is granted for a period of 7 years but may be extended upon written application of the
permittee (Catholic Charities). The applicant, Catholic Charities, is requesting a 10 year
extension of CUP 98-18x1 to allow the continued operation of an emergency homeless shelter
facility for fifty (50) homeless migrant workers at this site.
The shelter has been in operation under CUP approval (original CUP 91-10) since December
1991. That original CUP was subsequently extended, the first time in September 1994 (CUP 91-
10x1) and then again in August 1996 (CUP 91-10x2). Because the applicant missed the deadline
to apply for a third extension, a new Conditional Use Permit was applied for (CUP 98-18) and
approved by the Planning Commission on January 20, 1999. The application was granted for five
(5) years.
CUP 98-18x2 - LA POSADA DE GUADALUPE DE CARLSBAD
March 2, 2011
PAGE 2
On January 7, 2004 the Planning Commission approved an extension (CUP 98-18x1) for five (5)
additional years for the homeless shelter. On February 4, 2004 the Planning Commission
approved a request from the applicant for an additional two years on the expiration so that the
permit would coincide with the loan period from the State of California Department of Housing
and Community Development. The permit extension was granted from January 21, 2004 to
February 11,2011.
The applicant, Catholic Charities Diocese of San Diego filed for an extension in a timely
manner, May 24, 2010, and is requesting the extension of CUP 98-18x2 to allow for the
continued operation of the emergency homeless facility. The applicant also applied for a new
Conditional Use Permit at the same time as the extension to build a new facility in the future on
this same site. Because the new CUP, once approved, would void the CUP extension, staff
delayed bringing the extension forward until necessary. The new CUP will be processed and will
be seen by the Planning Commission in the near future.
The facility works as an emergency shelter for up to fifty (50) homeless males for a maximum
stay of sixty (60) days per individual, with one thirty (30) day extension, to be approved on an
individual basis and at the discretion of the shelter staff.
IV. ANALYSIS
A. The temporary emergency homeless shelter for fifty (50) homeless migrant workers
continues to be consistent with all applicable plans, policies and regulations described
below:
1. Carlsbad General Plan - Planned Industrial & Open Space (PI/OS);
2. Title 21 of the Carlsbad Municipal Code - Industrial/ Q overlay (M-Q);
3. Mello II Segment of the Local Coastal Plan;
4. Palomar Airport Land Use Compatibility Plan; and
5. Local Facilities Management Plan for Zone 5
B. The adopted project findings for CUP 98-18x1, which are contained in Planning
Commission Resolution No. 5570, still apply to this project (CUP 98-18x2).
C. The adopted project conditions for CUP 98-18x1, which are contained in Planning
Commission Resolution No. 5570, still apply to this project (CUP 98-18x2) with the
exception of Condition No. 4 which is amended by Condition No. 4 in Planning
Commission Resolution No. 6764 to retroactively extend CUP 98-18x1 for 10 years from
February 11, 2011 through February 10, 2021.
D. No formal written complaints regarding CUP 98-18x1 have been submitted to the City.
E. Annual reviews have been conducted for CUP 98-18x1 and the project is in compliance
with all conditions of approval.
CUP 98-18x2 - LA POSADA DE GUADALUPE DE CARLSBAD
March 2, 2011
PAGE 3
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. 6764
2. Location Map
3. Disclosure Statement
4. 'Reduced Exhibit "A" of CUP 91-10, dated March 2, 2011
5. Planning Commission Resolution No. 5570, dated February 4, 2004.
6. Planning Commission Resolution No. 5510, dated January 7, 2004.
7. Planning Commission Resolution No. 4452, dated January 20, 1999.
NOT TO SCALE
SITEMAP
La Posada de Guadalupe de Carlsbad
CUP 98-18x2
•W"'Nj/ CITY OF
CARLSBAD
DISCLOSURE
STATEMENT
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www. ca rlsbadca .gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Sister RayMonda DuVall Corp/Part Catholic Charities Diocese of San Dieg
Title Executive Director
Add ress
Title
Address 349CedarSt, San Diego CA 92101
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses 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, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person_
Title
Corp/Part_
Title
Address Address
Page 1 of 2 Revised 04/09
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Catholic Charities
Diocese of San Diego
Non Profit/Trust.
Title
Address
Title
Address Coporate Board of Directors
attached
Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
Yes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Sister RayMonda DuVall, Executive Director- Sister RayMonda DuVall. Executive Director
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
Page 2 of 2 Revised 04/09
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1 PLANNING COMMISSION RESOLUTION NO. 5570
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SEVEN-
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
4 ALLOW THE CONTINUED OPERATION OF AN
EMERGENCY HOMELESS SHELTER ON PROPERTY
LOCATED AT 2478 IMP ALA DRIVE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 5.
CASE NAME: LA POSADA DE GUADALUPE DE
7 CARLSBAD
CASE NO.: CUP 98-18x1 '8_ '
9 WHEREAS, Catholic Charities, a California Non-Profit Religious
10 Corporation, "Developer/Owner," has filed a verified application with the City of Carlsbad
* * regarding property described as
12 Parcel 2 of Parcel Map No.15247 in the City of Carlsbad,
13 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego, May 25, 1988 as file
14 number 88-247094
15 ("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit Extension as shown on Exhibit "A" dated January 20, 1999, on file in the Carlsbad18
19 Planning Department LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18, as
20 provided by the conditions of approval of the previously approved CUP 98-18x1 and Chapter
21 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 4th day of February 2004,
23
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
Z* 3
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP Extension; and
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WHEREAS, on January 20, 1999, the Planning Commission approved CUP 98-
18 as described and conditioned in Planning Commission Resolution No. 4452; and
WHEREAS, on January 7, 2004, the Planning Commission approved CUP 98-
18x1, as described and conditioned in Planning Commission Resolution No. 5510.
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 the amended LA POSADA DE GUADALUPE DE
CARLSBAD - CUP 98-18x1 based on the following findings and subject to the
following conditions:
Findings:
1. The adopted findings for CUP 98-18x1 which are contained in Planning Commission
Resolution No. 5510 apply to this extension and are incorporated by this reference.
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; 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.
2. All conditions of approval imposed upon Conditional Use Permit CUP 98-18x1 as stated
in Planning Commission Resolution No. 5510 shall apply as conditions of approval for
amended CUP 98-18x1 and are incorporated by this reference, except Condition No. 4 is
replaced by Condition No. 4 below.
3. 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.
PCRESONO. 5570. -2-
4. This Conditional Use Permit is granted for a period of seven (7) years from January 21,
2 2004 through February 11, 2011. 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
3 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 seven
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.o
9 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."
12
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
1 . 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
15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
16
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 fees/exactions of which you have previously been given a
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 5570 -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 4th day of February 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Segall
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMK,LER
Planning Director
PCRESONO. 5570 -4-
PLANNING COMMISSION RESOLUTION NO. 5510
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA,. APPROVING A FIVE-
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
4 ALLOW THE CONTINUED OPERATION OF AN
5 EMERGENCY HOMELESS SHELTER ON PROPERTY
LOCATED AT 2480 IMP ALA DRIVE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 5.
CASE NAME: LA POSADA DE GUADALUPE DE
7 CARLSBAD
CASE NO.: CUP 98-18x18
9 WHEREAS, Catholic Charities, a California Nou-ProfIt Religious
10 Corporation, "Developer/Owner," has filed a verified application with the City of Carlsbad
regarding property described as
12 Parcel 2 of Parcel Map No.15247 in the City of Carlsbad,
13 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego, May 25, 1988 as file
14 number 88-247094
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit Extension as shown on Exhibit "A" dated January 20, 1999, on file in the Carlsbad18
19 Planning Department LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18x1, as
20 provided by the conditions of approval of CUP 98-18 and Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 7th day of January 2004, hold
23
a duly noticed public hearing as prescribed by law to consider said request; and
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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
27 relating to the CUP Extension.
28
WHEREAS, on January 20, 1999, the Planning Commission approved CUP 98-
2
18 as described and conditioned in Planning Commission Resolution No. 4452.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
r Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES LA POSADA DE GUADALUPE DE CARLSBAD -
CUP 98-18x1 based on the following findings and subject to the following
9 conditions:
10 Findings:
1. The adopted findings for CUP 98-18 which are contained in Planning Commission
12 Resolution No. 4452 apply to this extension and are incorporated by this reference.
13 Conditions:
14 l. if any of the following conditions fail to occur; or if they are, by their terms, to be
, r 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
16 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
17 issued under the authority of approvals herein granted; 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
19 this Conditional Use Permit.
20 2. All conditions of approval imposed upon Conditional Use Permit CUP 98-18 as stated in
Planning Commission Resolution No. 4452 shall apply as conditions of approval for CUP
98-18x1 and are incorporated by this reference, except Conditions No. 6 and 9 which
22 have been satisfied, Condition No. 4 is replaced by Condition No. 4 below, and Condition
No. 7 which is replaced by Condition No. 5 below.
23
3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
24 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
26 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
27 substantial negative effects..
28 4. This Conditional Use Permit is granted for a period of five years from January 21, 2004
through January 20, 2009. This permit may be revoked at any time after a public
PCRESONO. 5510 -2-
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
7 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
3 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
r 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
6 conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
7
5. Approval is granted for CUP 98-18 for an emergency shelter for up to fifty (50)
homeless males for a maximum stay of sixty (60) days per individual, with one thirty
9 (30) day extension, approved on an individual basis and at the discretion of the
shelter staff.
10
n NOTICE
12 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."
14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
15 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
16 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.
18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
19 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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PCRESONO. 5510 -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 7th day of January 2004 by the
following vote, to wit:
AYES:
NOES:
Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Segall
Commissioner Whitton
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.
Planning Director
PCRESONO. 5510 -4-
1 PLANNING COMMISSION RESOLUTION NO. 4452
2
A RESOLUTION OF THE PLANNING COMMISSION OF
3 THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A TEMPORARY
4 HOMELESS SHELTER ON PROPERTY GENERALLY
5 LOCATED ON THE NORTHWEST CORNER OF ORION
WAY AND IMPALA DRIVE IN LOCAL FACILITIES
6 . MANAGEMENT ZONE 5.
CASE NAME: LA POSADA DE GUADALUPE DE
7 CARLSBAD
CASE NO.: CUP 98-18 '
o
9 WHEREAS, Catholic Charities, a California Non-Profit Religious
10 Corporation, "Developer", has filed a verified application with the City of Carlsbad regarding
property owned by Catholic Charities, a California Non-Profit Religious Corporation,
12
"Owner", described as
13
Parcel 2 of Parcel Map No. 15247, in the City of Carlsbad,
*4 County of San Diego, State of California, filed in the Office of
, r the County Recorder of San Diego County, May 25,1988 as file
No. 88-247094 of Official Records
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Uselo
19 Permit as shown on Exhibit "A" dated January 20, 1999, on file in the Carlsbad Planning
20 Department, LA POSADA DE GUADALUPE DE CARLSBAD, CUP 98-18, as provided by
21 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22
WHEREAS, the Planning Commission did, on the 20th day of January, 1999,
23
hold a duly noticed public hearing as prescribed by law to consider said request; and
24
~? WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
r B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18,
6 based on the following findings and subject to the following conditions:
7 Findings:
g
1. That the requested use is necessary or desirable for the development of the community, is
9 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
10 proposed use is located, in that the temporary homeless shelter provides a necessary
service to homeless males seeking to reenter the job and housing market.
12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the shelter and all ancillary improvements continue to fit on the site.
13
3. 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
, r provided and maintained, in that the existing landscaping and walls, along with the
topographic characteristics, adjust the shelter to its industrial and residential
16 surroundings.
17 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the traffic generated by the use is less than that
generated by an industrial activity in the same building and that the site's frontage
19 improvements (curbs, and gutters), adjacent public roadways, and the intersections
near the project site have all been sized and constructed to meet the land use
20 demand.
21 5. The Planning Commission has reviewed each of the exactions imposed on the Developer
22 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
23 degree of the exaction is in rough proportionality to the impact caused by the project.
^ 6. That the Planning Director has determined that the 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 significant effect
26 on the environment.
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Conditions:
2 Staff is authorized and directed to make, or require Developer to make, all corrections
3 and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
4 shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
, 2. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
7 3. The Developer/Operator.shall and does hereby agree to indemnify, protect, defend and
8 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-
11 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
12 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
4. This Conditional Use Permit is granted for a period of five (5) years. This Conditional
Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if
15 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
13 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 effect on surrounding land
19 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 (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 finds
that there are no substantial negative effects on surrounding land uses or the public's
22 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
24 the number of extensions the Planning Commission may grant.
25 5. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
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6. Within 30 days of the approval of the Conditional Use Permit, Developer shall submit
27 to the City a Notice of Restriction to be filed in the office of the County Recorder, subject
to the satisfaction of the Planning Director, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution
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No. 4452 the real property owned by the Developer. Said Notice of Restriction shall note
2 the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
3 the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
4 good cause by the Developer or successor in interest.
7. Approval is granted for CUP 98-18 for an emergency shelter for up to fifty (50)
homeless males for a maximum stay of sixty (60) days per individual.
7 I 8. Notices shall remain posted on the site, in English and Spanish, asking residents to
travel on public streets to and from the shelter.
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9. Prior to the next extension of the conditional use permit, the developer shall pave
" the remainder of the parking area, and make related drainage improvements to the
satisfaction of the city engineer, and the trash receptacle area shall be enclosed by a
six-foot high masonry wall with gates pursuant to City standards.
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General
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10. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
13 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
15 future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
16 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.
18 Code Reminders
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12. Approval of this request shall not excuse compliance with all applicable sections of the
20 Zoning Ordinance and all other applicable City ordinances in effect at time of building
,,, permit issuance, except as otherwise specifically provided herein.
22 13. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
23 Director prior to installation of such signs.
24 NOTICE
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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
27 "fees/exactions."
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You have 90 days from January 20, 1999 to protest imposition of these fees/exactions. 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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of January, 1999 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Heineman, Commissioners Compas, L'Heureux,
Nielsen, Savary, and Welshons
Commissioner Noble
COURTNEY HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. liOLZMSLLER
Planning Director
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