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HomeMy WebLinkAbout1994-09-07; Planning Commission; Resolution 3704. /I 0 @ * 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 PLANNING COMMISSION RESOLUTION NO. 3704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW THE OPERATION OF A TEMPORARY EMERGENCY SHELTER FOR 50 HOMELESS MALES ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF IMPALA DRIVE BETWEEN PALMER WAY AND ORION WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA GUADALUPE DE CARLSBAD CASE NO: CUP 91-10x1 WHEREAS, a verified application has been filed with the City of Carlsbad an( referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for extension of CUI 91-10 as provided by that CUP and the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin; Commission did, on the 7th day of September, 1994, hold a duly noticed public hearing tc consider said application on property described as: Parcel 2 of Map No. 15247 in the City of Carlsbad, County of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimon! and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 91 -10x1. 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 extension of CUP 91 -10 (CUP 9 1-1 Oxl), based on the following findings and subject to the following conditions: .... I/ 1i . 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 e e Findincs: 1. That the requested use continues to be necessary or desirable for the development of the community and is essentially in harmony with the various elements and objectives of the general plan, since it supplies a needed housing supply, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, as demonstrated through its compatibility during the last two years. 2. That the site for the intended use remains adequate in size and shape to accommodate the use because all required and desired facilities and landscaping still fit within the project boundary. 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 have been provided and maintained, as demonstrated by the large structural setback from the top of slope and the increasingly dense landscaping along Impala Drive. 4. That the street system serving the proposed use is still adequate to properly handle all traffic generated by the proposed use since Impala Drive remains an industrial street with a capacity of 10,000 average daily trips. Conditions: 1. Approval is granted for CUP 91 -10x1, for an emergency shelter for up to 50 homeless males for a maximum of 60 days per individual, as shown on Exhibit "A", dated December 4, 1991, incorporated by reference and on file in the Planning Department. Development shall remain substantially as approved unless otherwise noted in these conditions. 2. Approval of CUP 91-10x1, Planning Commission Resolution 3704, supersedes CUP 91-10, Planning Commission Resolution 3326, dated December 4, 1991 and on file in the Planning Department. The approved continued use is subject to all of the following conditions. 3. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 4. The Term of this extended conditional use permit approved is for two (2) years, from September 7, 1994 to September 6, 1996. 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 significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines 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 PC RES0 NO. 3704 -2- 11 e 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. .... . . .. .... impacts. This permit may be revoked at any time after a public hearing, if it is fount that the use has a significant detrimental affect on surrounding land uses and th public's health and welfare, or the conditions imposed herein have not been met. Thi permit may be extended for a reasonable period of time not to exceed one (1) year up0 written application of the permittee made no less than 90 days prior to the expiratio date. In granting such extension, the Planning Commission shall find that n substantial adverse affect on surrounding land uses or the public's health and welfare wi result because of the continuation of the permitted use. If a substantial adverse affec on surrounding land uses or the public's health and welfare is found, the extension shal be considered as an original application for a conditional use permit. There is no limi to the number of extensions the Planning Commission may grant. Trash receptacle areas shall remain enclosed by a six-foot high solid barrier with gates Location of said receptacles shall be approved by the Planning Director. Enclosure shal be of similar colors and/or materials to the project to the satisfaction of the Plannin Director. No outdoor storage of material shall occur onsite unless required by the Fire Chief. I1 such instance a storage plan will be submitted for approval by the Fire Chief and thc Planning Director. All landscaped areas shall be maintained in a healthy and thriving condition, free fron weeds, trash, and debris. Any signs proposed for this development shall at a minimum be designed ir conformance with the City's Sign Ordinance and shall require review and approval o the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing building so as to be plainly visible from the street or access road; color of identification and/ol addresses shall contrast to their background color. Notices shall remain posted on the site, in English and Spanish, asking residents to travel on public streets to and from the shelter. The dormitory shall continue to meet the requirements of Title 24. Upon expiration or earlier termination of this extension of the CUP, the property will be returned to its prior state, in accordance with the term2 and conditions of the lease. .... PC RES0 NO, 3704 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e @ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 7th day of September, 1994, b the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Erwin, Compa Monroy and Nielsen. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. CARLSBAD PUNNING COMMISSION ATTEST: u- MICHAEL. J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 3704 -4-