HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 4452?
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PLANNING COMMISSION RESOLUTION NO. 4452
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW 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
CASE NO. : CUP 98-18
CARLSBAD
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Corporation, “Developer”, has filed a verified application with the City of Carlsbad 10
WHEREAS, Catholic Charities, a California Non-Profit
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property owned by Catholic Charities, a California Non-Profit Religious Cor
“Owner”, described as
Parcel 2 of Parcel Map No. 15247, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, May 25,1988 as file
No. 88-247094 of Official Records
(“the Property”); and
18 WHEREAS, said verified application constitutes a request for a Condil
19 Permit as shown on Exhibit “A” dated January 20, 1999, on file in the Carlsbad
20 Department, LA POSADA DE GUADALUPE DE CARLSBAD, CUP 98-18, as pr
21 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 I1 WHEREAS, the Planning Commission did, on the 20th day of Janu;
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24 // hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all
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relating to the CUP. 27
and arguments, if any, of all persons desiring to be heard, said Commission considered
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Co
based on the following findings and subject to the following conditions:
APPROVES LA POSADA DE GUADALUPE DE CAFUSBAD - C1
Findinys:
1. That the requested use is necessary or desirable for the development of the com
essentially in harmony with the various elements and objectives of the General
is not detrimental to existing uses specifically permitted in the zone in I
proposed use is located, in that the temporary homeless shelter provides a 1
service to homeless males seeking to reenter the job and housing market.
2. That the site for the intended use is adequate in size and shape to accommodate 1
that the shelter and all ancillary improvements continue to fit on the site.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoc
provided and maintained, in that the existing landscaping and walls, along
topographic characteristics, adjust the shelter to its industrial and r(
surroundings.
4. That the street system serving the proposed use is adequate to properly handle
generated by the proposed use, in that the traffic generated by the use is less
generated by an industrial activity in the same building and that the site’s
improvements (curbs, and gutters), adjacent public roadways, and the intc
near the project site have all been sized and constructed to meet the
demand.
5. The Planning Commission has reviewed each of the exactions imposed on the 1
contained in this resolution, and hereby finds, in this case, that the exactions arc
to mitigate impacts caused by or reasonably related to the project, and the exte
degree of the exaction is in rough proportionality to the impact caused by the prc
6. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Sectic
on the environment.
i Existing Facilities, of the state CEQA Guidelines and will not have any signific
I PC RES0 NO. 4452 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all CI
and modifications to the Conditional Use Permit document(s) necessary to m
internally consistent and in conformity with final action on the project. De\
shall occur substantially as shown in the approved Exhibits. Any proposed de\
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, dl
hold harmless the City of Carlsbad, its Council members, officers, employees, a:
representatives, from and against any and all liabilities, losses, damages, deman’
and costs, including court costs and attorney’s fees incurred by the City arisin;
or indirectly, from (a) City’s approval and issuance of this Conditional Use P
City’s approval or issuance of any permit or action, whether discretionaq
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permittec
including without limitation, any and all liabilities arising from the emissic
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 Cl
Use Permit shall be reviewed by the Planning Director on a yearly basis to de
all conditions of this permit have been met and that the use does not have a s
negative effect on surrounding properties or the public health and welfart
Planning Director determines that the use has such substantial negative el
Planning Director shall recommend that the Planning Commission, after pro’
permittee the opportunity to be heard, add additional conditions to reduce or elir
substantial negative effects. This permit may be revoked at any time aftel
hearing, if it is found that the use has a substantial detrimental effect on surrow
uses and the public’s health and welfare, or the conditions imposed herein havc
met. This permit may be extended for a reasonable period of time not to excet
years upon written application of the permittee made no less than 90 days PI
expiration date. The Planning Commission may not grant such extension, unlc
that there are no substantial negative effects on surrounding land uses or th
health and welfare. If a substantial negative effect on surrounding land u!
public’s health and welfare is found, the extension shall be denied or gra
conditions which will eliminate or substantially reduce such effects. There is I
the number of extensions the Planning Commission may grant.
5. The Developer shall report, in writing, to the Planning Director within 30
address change from that which is shown on the conditional use permit applicat
6. Within 30 days of the approval of the Conditional Use Permit, Developer SI
to the City a Notice of Restriction to be filed in the office of the County Record
to the satisfaction of the Planning Director, notifying all interested parties and ~
in interest that the City of Carlsbad has issued a Conditional Use Permit by 1
~ PC RES0 NO. 4452 -3 -
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No. 4452 the real property owned by the Developer. Said Notice of Restriction
the property description, location of the file containing complete project detai
conditions of approval as well as any conditions or restrictions specified for in1
the Notice of Restriction. The Planning Director has the authority to execute a
an amendment to the notice which modifies or terminates said notice upon a SI
good cause by the Developer or successor in interest.
7. Approval is granted for CUP 98-18 for an emergency shelter for up to
homeless males for a maximum stay of sixty (60) days per individual.
8. Notices shall remain posted on the site, in English and Spanish, asking res
travel on public streets to and from the shelter.
9. Prior to the next extension of the conditional use permit, the developer SI
the remainder of the parking area, and make related drainage improveme]
satisfaction of the city engineer, and the trash receptacle area shall be enclc
six-foot high masonry wall with gates pursuant to City standards.
General
10. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have thl
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap:
this Conditional Use Permit.
Code Reminders
12. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
13. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition’’
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
PC RES0 NO. 4452 -4-
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You have 90 days from January 20, 1999 to protest imposition of these fees/exactior
protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Mi
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees,
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of January, 19'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heurc
Nielsen, Savary, and Welshons
NOES: Commissioner Noble
, ABSENT:
ABSTAIN:
COURTNEY HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
)I PC RES0 NO. 4452 -5-