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Home My WebLink About2011-03-02; Planning Commission; Resolution 67641 PLANNING COMMISSION RESOLUTION NO. 6764 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TEN (10) YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED 5 OPERATION OF AN EMERGENCY HOMELESS SHELTER ON PROPERTY LOCATED AT 2478 IMP ALA DRIVE IN LOCAL 6 FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA DE GUADALUPE DE 7 CARLSBAD CASE NO.: CUP 98-18x28 9 WHEREAS, Catholic Charities, a Non-Profit Religious Corporation, 10 "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 March 2, 2011, on file in the Planning18 19 Department LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18, as provided by 20 the conditions of approval of CUP 98-18x1 and Chapter 21.42 and/or 21.50 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the Planning Commission did, on March 2, 2011, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP Extension; and 28 WHEREAS, on January 20, 1999, the Planning Commission approved CUP 98- 18 as described and conditioned in Planning Commission Resolution No. 4452; and 1 WHEREAS, on January 7, 2004, the Planning Commission approved CUP 98- 2 18x1 as described and conditioned in Planning Commission Resolution No. 5510; and 3 WHEREAS, on February 4, 2004, the Planning Commission approved the4 r amended CUP 98-18x1 as described and conditioned in Planning Commission Resolution No. 6 5570. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 1 ] Commission APPROVES LA POSADA DE GUADALUPE DE CARLSBAD ^2 - CUP 98-18X2 based on the following findings and subject to the following conditions: 13 Findings: 14 , <- 1. The adopted findings for CUP 98-18x1 which are contained in Planning Commission Resolution No. 5570 apply to this extension and are incorporated by this reference. 16 Conditions: 17 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 19 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 20 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 21 property title; 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 23 Extension. 24 2. All conditions of approval imposed upon Conditional Use Permit CUP 98-18x1 as stated in Planning Commission Resolution No. 5570 shall apply as conditions of approval for CUP 98-18x2 and are incorporated by this reference, except Conditions 4 is replaced by 26 Condition No. 4 below. 27 3. CUP 98-18x2 shall be reviewed by the Planning Director annually 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, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by PC RESO NO. 6764 -2- fraud or misrepresentation; or 2) the use for which such approval was granted is not being 2 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 3 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 4 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is <- being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 6 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 7 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.8 9 4. This Conditional Use Permit is granted retroactively for a period of ten years from February 11, 2011 through February 10, 2021. This permit may be revoked at any time 10 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 12 not to exceed ten 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 13 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 14 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. 16 5. Developer shall submit to the City a Notice of Restriction executed by the owner of the 17 real property to be developed. Said notice is 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 j g Permit Extension by Resolution No. 6764 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 20 and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute 21 and record an amendment to the notice which modifies or terminates said notice upon a ~~ showing of good cause by the Developer or successor in interest. 23 NOTICE 24 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 25 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 26 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 2<> 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 PC RESO NO. 6764 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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. 9 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 , I 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 12 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on March 2, 2011 by the following vote, to 15 wit: 16 AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann 18 NOES: 19 ABSENT:20 21 ABSTAIN: 22 23 STEPHENS*HAP" L'HEJtfllEUX, Chairperson CARLSBAD PLANNING COMMISSION 25 ATTEST: 26" 27 2g DON NEU Planning Director PC RESO NO. 6764 -4-