HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55701
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PLANNING COMMISSION RESOLUTION NO. 5570
A RESOLUTION OF THE PLANNING COMMISSION OF THE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF AN
EMERGENCY HOMELESS SHELTER ON PROPERTY
LOCATED AT 2478 IMPALA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: LA POSADA DE GUADALUPE DE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SEVEN-
CARLSBAD
CASE NO.: CUP 98-18x1
WHEREAS, Catholic Charities, a California Non-Profit Religious
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property 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, May 25, 1988 as file
number 88-247094
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated January 20, 1999, on file in the Carlsbad
Planning Department LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18, as
provided by the conditions of approval of the previously approved CUP 98-18x1 and Chapter
21.42 and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 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.
PC RES0 NO. 5570 -2-
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4. This Conditional Use Permit is granted for a period of seven (7) years from January 21,
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
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.
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.”
You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions
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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PC RES0 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:
Planning Director
PC RES0 NO. 5570 -4-