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HomeMy WebLinkAbout1996-08-21; Planning Commission; Resolution 3972d* +. 0 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. 3972 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A TEMPORARY HOMELESS SHELTER ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ORION WAY AND IMPALA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASENAME: LA POSADA DE GUADALUPE DE CARLSBAD CASE NO: CUP 91-10x2 WHEREAS, Catholic Charities has filed a verified application with the C Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension as shown on Exhibit “A”, dated December 4, 1991, on file in the Plal Department (CUP 91-10x2) and as provided by the conditions of approval of CUP 91-1(1 Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pla Commission did, on the 21st day of August, 1996, hold a duly noticed public hearing to COI 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 testj and arguments, if any, of all persons desiring to be heard, said Commission considered all f relating to CUP 91-10x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI2 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 - i 0 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 B) That based on the evidence presented at the public hearing, the Commi APPROVES the one year extension of Conditional Use Permit, CUP ! (CUP 91-10x2), based on the following findings and subject to the follc conditions: Findings: 1. That the Planning Director has determined that the project is exempt fron requirements of the California Environmental Quality Act (CEQA) per Section 15: the State CEQA Guidelines and will not have any adverse significant impacts o environment. 2. That the requested use is necessary or desirable for the development of the commun essentially in harmony with the various elements and objectives of the General Plar is not detrimental to existing uses specifically permitted in the zone in whic: proposed use is located, in that the temporary homeless shelter provides a nece service to homeless males seeking to reenter the job and housing market. 3. That the site for the intended use is adequate in size and shape to accommodate the u that the shelter and all ancillary improvements continue to fit on the site. 4. That all the yards, setbacks, walls, fences, landscaping, and other features necess: adjust the requested use to existing or permitted future uses in the neighborhood m provided and maintained, in that the existing landscaping and walls, along topographic characteristics, adjust the shelter to its industrial and residc surroundings. 5. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that Impala Drive is an industrial street w capacity of 10,000 daily trips and only some of the surrounding propertie developed. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit exte for the temporary homeless shelter project entitled “La Posada de Guadalul Carlsbad”. (Exhibit “A”, on file in the Planning Department and incorporated b reference, dated December 4, 1991), subject to the conditions herein set forth. SI authorized and directed to make or require the Developer to make all correction modifications to the Conditional Use Permit Extension Documents, as necess make them internally consistent and conform to Planning Commission’s final acti the project. Development shall occur substantially as shown on the approved ex1 Any proposed development substantially different from this approval, shall requ amendment to this approval. 2. This Conditional Use Permit is extended for a period of two (2) year from the d expiration with a new expiration date of September 5, 1998 . This Conditiona PC RES0 NO. 3972 -2- I/ e * 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 Permit shall be reviewed by the Planning Director on a yearly basis to determine conditions of this permit have been met and that the use does not have a subs negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative effect Planning Director shall recommend that the Planning Commission, after providil permittee the opportunity to be heard, add additional conditions to reduce or elimin: substantial negative effects. This permit may be revoked at any time after a , hearing, if it is found that the use has a substantial detrimental effect on surroundin1 uses and the public's health and welfare, or the conditions imposed herein have no1 met. This permit may be extended for a reasonable period of time not to exceed 01 year upon written application of the permittee made no less than 90 days prior expiration date. The Planning Commission may not grant such extension, unless it that there are no substantial negative effects on surrounding land uses or the p1 health and welfare. If a substantial negative effect on surrounding land uses ( public's health and welfare is found, the extension shall be denied or granted conditions which will eliminate or substantially reduce such effects. There is no li the number of extensions the Planning Commission may grant. 3. All other conditions of approval contained in Planning Commission Resolutio! 3704, shall remain in full force and effect as conditions of approval for CUP 91, except as modified, by condition No. 2 above. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 21st day of August, 1996, k following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Mo Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \/lJ.',& MICHAEL J. HOLZMI~LER Planning Director PC RES0 NO. 3972 -3 -