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HomeMy WebLinkAbout2011-10-25; City Council; 20689; LA POSADA DE GUADALUPE DE CARLSBADCITY OF CARLSBAD - AGENDA BILL 10 AB# 20,689 MTG. io/25/i DEPT. CED La Posada de Guadalupe de Carlsbad CUP 10-08 DEPT. DIRECTO CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2011-228 APPROVING Conditional Use Permit No. CUP 10-08 to allow for the demolition of an existing 50 bed temporary agricultural farm working housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities management Zone 5. ITEM EXPLANATION: Project Application(s) CUP 10-08 HMP 11-01 Administrative Approvals Planning Commission RA X City Council X RA = Recommended Approval x = Final City decision-making authority S = requires Coastal Commission approval On August 3, 2011, the Planning Commission recommended approval (6-0, Commissioner L'Heureux absent) of Conditional Use Permit No. CUP 10-08 to allow for the demolition of an existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive. At the same hearing, the Planning Commission also approved a Habitat Management Plan Permit to allow the project applicant (Catholic Charities Diocese of San Diego) to impact sensitive habitat subject to the payment of in-lieu fees for impacts to 2.32 acres of Southern Mixed Chaparral (SMC) and .11 acres of Non-Native Grassland (NNG). At the hearing, the applicant's representative gave a brief statement and a representative from the "Caring Residents of Carlsbad," Tom Maddox, submitted a letter of support and also spoke in support of the project at the meeting. A full disclosure of the Planning Commission's actions and a complete project description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and Staff are recommending approval of the proposed Conditional Use Permit. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer, fiscal impacts to the City have been identified. No DEPARTMENT CONTACT: Dan Halverson 760-602-4631; Daniel.Halverson@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED v£T D D D D CONTINUED TO DATE SPECIFIC CL L _ , . CONTINUED TO DATE UNKNOWN "U RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15332, In-Fill Development: in that the project is consistent with the General Plan designations and policies; the lot is less than five acres in size and is surrounded by urban development; the site has no biological value for endangered, rare or threatened species; the project would not result in any significant impacts relating to traffic, noise, air quality or water quality; and, the site is adequately served by the required utilities. A Notice of Exemption will be filed upon approval of the project. EXHIBITS: 1. City Council Resolution No. 2011-228 2. Location Map 3. Planning Commission Resolution No. 6796 4. Planning Commission Staff Report, dated August 3, 2011 5. Excerpts of Draft Planning Commission Minutes, dated August 3, 2011. EXHIBIT 1 1 RESOLUTION NO. 2011-228 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE 3 PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING 50 BED TEMPORARY AGRICULTURAL FARM WORKER 4 HOUSING FACILITY AND ALLOW FOR THE CONSTRUCTION AND OPERATION OF A NEW 120 BED TEMPORARY 5 AGRICULTURAL FARM WORKER HOUSING FACILITY ON PROPERTY LOCATED AT 2480 IMPALA DRIVE IN LOCAL 6 FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD 7 CASE NO.: CUP 10-08 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did, on August 3, 2011, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit CUP 10-08 and adopted Planning Commission Resolution No. 6796, recommending approval of Conditional Use Permit CUP 10-08; and WHEREAS, the City Council of the City of Carlsbad, on the 9Si-v. day of14 —"*° October • 2011, held a duly noticed public hearing to consider adoption of a Conditional Use Permit CUP 10-08; and16 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors18 relating to the adoption of a Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 22 1 • That the above recitations are true and correct. 23 2. That the recommendation of the Planning Commission for the approval of a Conditional Use Permit (CUP 10-08) is adopted and approved, and that the findings and 24 conditions of the Planning Commission contained in Planning Commission Resolution No. 6796 on file with the City Clerk and incorporated herein by reference, are the findings and conditions 25 of the City Council. 26 /// 27 /// 28 /// "NOTICE TO APPLICANT" 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of October, 2011, by the following vote to wit: AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Council Member Kulchin. MATT HALL, Mayor ATTEST: EXHIBIT 2 NOT TO SCALE SITEMAP La Posada de Guadalupe de Carlsbad CUP 10-08 5 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6796 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW 4 FOR THE DEMOLITION OF AN EXISTING 50 BED TEMPORARY AGRICULTURAL FARM WORKER HOUSING FACILITY AND ALLOW FOR THE CONSTRUCTION AND 6 OPERATION OF A NEW 120 BED TEMPORARY AGRICULTURAL FARM WORKER HOUSING FACILITY ON 7 PROPERTY LOCATED AT 2480 IMP ALA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 8 CASE NAME: LA POSADA DE GUADALUPE DE 9 CARLSBAD CASE NO.: CUP 10-08 10 WHEREAS, Catholic Charities, a Non-Profit Religious Corporation, ,~ "Developer/Owner," has filed a verified application with the City of Carlsbad regarding 13 property," described as 14 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 16 number 88-247094 17 ("the Property"); and 1° WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit as shown on Exhibits "A" - "GG" dated August 3, 2011, on file in the Planning 20 Department, CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD, as provided by 21 Chapter 21.42 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on August 3, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 9S WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP; and 28 (9- WHEREAS, on August 3, 2011, the Planning Commission recommended 2 approval of CUP 10-08, as described and conditioned in Planning Commission Resolution No. 3 6796.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL OF CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD, based on the following findings and subject to 10 the following conditions: Findings: 12 1. That the requested use is necessary or desirable for the development of the community, 13 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 14 proposed use (Agricultural Farm Worker Housing) is allowed within the Industrial ., (M) Zone with the approval of a CUP, which implements the Planned Industrial (PI) General Plan Land Use designation, and furthermore is necessary and desirable to 16 the community in that the shelter will continue a use which provides temporary housing for homeless seasonal agricultural farm workers. 17 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed Agricultural 19 Farm Worker Housing is not detrimental to the existing surrounding non- residential, open space, industrial office and City Facility uses or to uses specifically 20 permitted in the zone in that the use is an existing use for which the occupancy is proposed to be intensified and has had no enforcement issues in the 20 years of 21 operation at this site. Furthermore, to ensure compatibility of the project with the ~~ surrounding community, the project as designed will meet or exceed the required development standards of the Industrial (M) Zone and Q Overlay zone. 23 3... That the site for the proposed conditional use is adequate in size and shape to 24 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director, planning commission or city council, in order to integrate the use with 26 other uses in the neighborhood, in that the 3.62-acre project site, and more precisely the 1.17 acre existing pad is adequate in size and shape to accommodate the 27 proposed use in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project complies with all of " the required development standards of the Industrial (M) Zone and the Qualified Overlay Zone in that the project meets or exceeds the building setbacks and height PC RESO NO. 6796 -2- restrictions; temporary residents of the site are expected to arrive by bus, bicycle, or 2 on foot and a bus stop is nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors; and, the buildings 3 as proposed meet or exceed the slope edge setback. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system, Impala Drive, is adequate to properly handle the limited amount of traffic (265 ADT) that is generated by the project. No levels of service are expected to change on surrounding roadways in that this use is existing and the temporary residents of the site are 7 expected to arrive by bus, bicycle, or on foot and there are bus stops nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors. 9 The project is consistent with the adopted Airport Land Use Compatibility Plan for the 10 McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is conditioned to record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that it is located outside of the 60 dB CNEL noise contour and will therefore not require any 13 interior or exterior noise attenuation and is identified as a compatible land use within Safety Zone 6. Furthermore, because the maximum 25' tall building on the 14 proposed 355' tall pad (380' MSL) will be below the Federal Aviation Administration's 481' MSL Part 77 notification elevation, no FAA notification is required. 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 17 Code Section 14.28.020 and Landscape Manual Section I B). 18 7. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 19 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the 2i project is within the City limits; is less than five (5) acres in size; and is surrounded by urban uses. 22 The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permits or building plans, whichever occurs first. 28 PC RESO NO. 6796 -3- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 4 issued under the authority of approvals herein granted; record a notice of violation on the t- 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 6 or a successor in interest by the City's approval of this Conditional Use Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development n shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and * * regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 14 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims ° and costs, including court costs and attorney's fees incurred by the City arising, directly in or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 23 approval is not validated. 24 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 26 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that 27 Plan prior to the issuance of building permits. 28 ... PC RESO NO. 6796 -4- 8. This approval is granted subject to the approval of HMP 11-01 and is subject to all 2 conditions contained in Planning Commission Resolution No. 6797 for those other approvals incorporated herein by reference. 3 9. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing 6 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy.o 9 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 12. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the 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 16 Carlsbad has issued a Conditional Use Permit by Resolution No. 6796 on the property. Said Notice of Restriction shall note the property description, location of the file 17 containing complete project details 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 and record an amendment to the notice j 9 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20 13. CUP 10-08 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 22 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 23 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 24 contrary to any of the terms or conditions of approval or the conditions of approval have 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, 26 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 27 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 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 PC RESO NO. 6796 -5- whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 2 new conditions. 3 14. This Conditional Use Permit is granted for a period of ten (10) years from August 3, 2011 through August 2, 2021. 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 ten (10) 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 9 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 13 condition, free from weeds, trash, and debris. 14 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 17. Prior to the issuance of grading permit or the issuance of building permits, whichever 17 occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 20 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 21 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 23 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 24 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 26 Engineering: 27 Unless specifically stated in the condition, all of the following conditions, upon the approval of 28 this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. PC RESO NO. 6796 -6- General 2 1 . Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 4 c 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has 6 determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 7 3. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this 9 condition. 1 o Fees/Agreements 4. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 5. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 14 Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best ,,. Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 1 7 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this project. 18 7. Developer shall cause the property owner to process a street vacation to vacate the excess street dedication of Impala Drive along the project frontage as shown on the site plan. 20 Grading 21 Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit ~<, plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 24 9. Developer shall apply for and obtain a grading permit from the city engineer. Developer 25 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements.26 27 10. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 28 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and PC RESO NO. 6796 -7- educational practices, maintenance procedures, and other management practices or 2 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify 3 prospective owners and tenants of the above requirements. 4 11. Prior to the issuance of a grading permit, developer shall submit to the city engineer <- receipt of a Notice of Intent from the State Water Resources Control Board. 6 12. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan 7 (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures 9 to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection 10 fees per the city's latest fee schedule. 13. This project is subject to 'Priority Development Project' requirements. Developer shall , ~ prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment 13 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the 14 SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP 16 plan review and inspection fees per the city's latest fee schedule. 17 14. Developer is subject to hydromodification (runoff reduction) requirements. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, , o preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During 20 final design, developer shall demonstrate compliance with hydromodification requirements in accordance with the city's Standard Urban Storm Water Management 21 Plan (SUSMP) to the satisfaction of the city engineer. 22 15. Developer is responsible to ensure that all final design plans (grading plans, improvement 23 plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, hydromodification, and Low Impact Design (LID) facilities. 24 Dedications/Improvements 2g 16. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain 27 and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 28 PC RESO NO. 6796 -8- 17. Developer shall design all proposed public improvements including but not limited to 2 (pedestrian ramps, driveways, curb and gutter, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the 3 following, subject to city engineer approval: 4 A. Grading plans processed in conjunction with this project; or <- B. Construction Revision to an existing record public improvement drawing, DWG 248- 5. 6 Developer shall pay plan check and inspection fees using improvement valuations in 7 accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 8 Q Utilities 10 18. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 11 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 13 19. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 14 20. Developer shall install potable water services and meters at locations approved by the * 5 district engineer. The locations of said services shall be reflected on public improvement , c plans, grading plans, or construction revision to existing improvement plan DWG 248-5. 17 21. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans, 18 grading plans, or construction revision to existing improvement plan DWG 248-5. 19 Code Reminders: 20 ; The project is subject to all applicable provisions of local ordinances, including but not limited to 21 the following: ^ 22. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 2^ Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 24 planning purposes only. 25 23. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.26 27 24. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 28 permit issuance, except as otherwise specifically provided herein. PC RESO NO. 6796 -9- 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 26. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE 6 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 g "fees/exactions." 9 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 66020(a), and file the protest and any other required information with the City Manager for 11 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 12 annul their imposition. 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 [ 5 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6796 -10- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 3, 2011 by the following vote, to wit: AYES: NOES: Vice Chairperson Schumacher, Commissioners Arnold, Black, Nygaard, Scully and Siekmann ABSENT: Chairperson L'Heureux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6796 -11- The City of Carlsbad Planning Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 3, 2011 Application complete date: March 3, 2011 Project Planner: Dan Halverson Project Engineer: Tecla Levy SUBJECT: CUP 10-08/HMP 11-01 - LA POSADA DE GUADALUPE DE CARLSBAD - A Request for a Conditional Use Permit (CUP 10-08) and Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of the existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6796 RECOMMENDING APPROVAL of CUP 10-08, and ADOPT Planning Commission Resolution No. 6797 APPROVING a Habitat Management Plan Permit (HMP 11-01) based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This application is a request for a Conditional Use Permit (CUP 10-08) and a Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of four modular temporary buildings used as a 50 bed temporary agricultural farm worker housing facility and to allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility which includes two buildings with dorms, bathrooms, showers, laundry rooms, and office space, and one building with a kitchen and dining room on property located at 2478 Impala Drive. Findings have been provided recommending approval of this CUP and HMP permit at this location. III. PROJECT DESCRIPTION AND BACKGROUND Background: On December 4, 1991, the Planning Commission approved CUP 91-10 to permit the operation of a 50 bed temporary agricultural farm worker housing facility at this location. On September 7, 1994 CUP 91-10 was subsequently extended for a two year period. On August 21, 1996, the Planning Commission approved CUP 91-10x2 for an additional two years. The applicant subsequently missed the window for extending the permit for the third time and therefore reapplied for a new CUP on October 1, 1998. On January 20, 1999, the Planning Commission approved the new Conditional Use Permit (CUP 98-18) to continue the use on this property. Since the applicant, Catholic Charities, now owns and controls the property, the Conditional Use Permit was approved for a five year time period. o n CUP 10-08 - LA POSADA DE QUADALUPE DE CARLSBAD Augusts, 2011 PAGE 2 On January 7, 2004 the Planning Commission approved an extension (CUP 98-18x1) for five (5) additional years for the temporary agricultural farm worker housing facility. On February 4, 2004 the Planning Commission approved a request from the applicant for an additional two year extension on the CUP so that the permit would coincide with the loan period from the State of California Department of Housing and Community Development. The permit extension was granted from January 21, 2004 to February 11, 2011. On March 2, 2011 the Planning Commission approved the second extension (CUP 98-18x2) for an additional ten (10) years. Concurrently with the second extension, the applicant also applied for a new Conditional Use Permit (CUP 10-08) to build a new facility in the future on this same site. That CUP is the subject of this request. Project Description: The applicant is now proposing to demolish, in two phases, the existing four modular buildings and to construct and operate a new 13,810 square foot temporary agricultural farm worker housing facility with three permanent buildings and a courtyard. The project site is located off of Impala Drive, adjacent to and west of the Carlsbad City Facility Yard and is surrounded by planned industrial office buildings to the south and west and open space to the north. The lot has an existing pad area of approximately 51,836 sq feet (1.19 ac.) located immediately off of Impala Drive, and a steep slope (2.43 ac.) at the rear (north side) of the property for a total lot size of 3.62 acres. The proposal includes three buildings surrounding a central courtyard. Building 1 is a 4,947 square foot dorm building with 51 spaces for beds in an open floor plan, bathrooms with showers, and a laundry room. Building 2 is a 6,063 square foot dorm building with 58 bed spaces in 12 small interior rooms, a bathroom with showers, a laundry room, and small staff office. Building 3 is 2,800 square feet in area and includes a kitchen and dining room. The central courtyard will include a small turf area, enhanced pavers, an herb garden, and an outdoor covered dining area. The project will take access from Impala drive via a 24 foot wide driveway located at the southwest corner of the property. Four (4) parking spaces, a bike rack, and a trash enclosure are located off the driveway. A 24 foot wide secondary driveway intersecting with Impala Drive is located at the southeast corner of the site, which will provide access to six (6) additional parking spaces. Concurrently with this project the applicant is processing a street vacation to vacate the portion of Impala Drive fronting the property that was formerly proposed to be a cul-de-sac adjacent to the La Posada site. Since Impala Drive is a through street, the applicant, as a condition of approval, will be required to construct the street improvements, including curb, gutter, and sidewalk, along Impala Drive. Once those improvements are finished, the number of on-street parking spaces in front of the site will increase to a total of eight (8) spaces. The buildings and the courtyard are designed to reflect the "Mission" style architecture. The buildings have "S" tiled red clay roofs, arched windows, arched verandas, decorative rosettes, window accent trims, a tower element, exposed rafter tails, and a decorative wall that encloses the courtyard. The one story buildings vary in height from 19' to 24' at the peaks with the tower element being 25' tall. The site pad slopes gently from east to west. Project grading quantities include 2,029 cubic yards (CY) of cut, 342 CY of fill, and 1,737 CY of export. l-g CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD August 3, 2011 PAGE 3 The facility will continue to operate as a temporary shelter for male agricultural farm workers for a maximum stay of sixty (60) days per individual, with one thirty (30) day extension, to be approved on an individual basis and at the discretion of the shelter staff. The number of beds will fluctuate because of growing seasons. In low season the beds will number 100 and in high season, with bunk beds the maximum number of patrons could be 120 beds. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan - Planned Industrial & Open Space (PI/OS); B. Industrial Zone with a Q Overlay (M-Q)(C.M.C. Chapters 21.32 & 21.06); C. Parking Ordinance (C.M.C. Chapter 21.44); D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); E. Habitat Management Plan Permit (C.M.C. Chapter 21.210); F. Airport Land Use Compatibility Plan for McClellan-Palomar Airport; and G. Growth Management. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan - Planned Industrial & Open Space (PI/OS) The site has a General Plan Land Use designation of Planned Industrial (PI) which is generally intended for industrial development including manufacturing, warehousing, storage, research and development, and professional offices. The proposed Agricultural Farm Worker Housing is consistent with this designation since the underlying Industrial (M) zone allows Agricultural Farm Worker Housing with the approval of a Conditional Use Permit. The Zoning Ordinance implements the General Plan by regulating the distribution and intensity of land uses in such categories as residential, commercial, and industrial. Per the Carlsbad General Plan Land Use Element, agricultural and recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. Agricultural farm worker housing is considered an agricultural use therefore is a consistent use within the Planned Industrial General Plan Designation. In addition, Program 3.13 of the City's Housing Element provides that the City will continue to work with and assist social welfare agencies and other interested parties to provide shelter for permanent and migrant farm workers in the City. Consistent with this program, the City has approved the allocation of 2 million dollars of Agricultural Mitigation Conversion Fees to the project applicant for the development of this project. The slope at the rear of the property is designated Open Space and the project is not proposing any development on this slope. No changes are being proposed to either the General Plan or Zoning and the project complies with all elements of the General Plan. CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD August 3, 2011 PAGE 4 B. Industrial Zone / Q Overlay (M-Q) The proposed site is zoned Industrial with a Q Overlay (M-Q) and is therefore subject to the provisions of Chapters 21.32 and 21.06 of the Zoning Ordinance. Agricultural Farm Worker Housing is permitted in the M Zone subject to approval of a Conditional Use Permit (C.M.C. Section 21.32.10, Table A). In addition, the application for, approval of, and finding for a Conditional Use Permit required through the Industrial (M) Zone will satisfy all requirements of the Q Overlay Zone. The required findings for approval of a Conditional Use Permit within the Industrial (M) Zone are discussed below in Section D of this report. Parking is discussed separately in section C below. The project complies with all development requirements of the Industrial (M) Zone as illustrated in Table 1 below: TABLE 1 - INDUSTRIAL (M) ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED Building Height:35 feet / 45 feet for allowed protrusions Buildings = 24 feet maximum Tower w/Cross = 25 feet Setbacks:If the premises is devoted to an "R" use in the "M" Zone the depth of the front yard shall conform to the front yard requirements of the R-3 zone or 20 feet. Side Yards = 0 feet required. Rear yard = ten feet The project building located nearest to Impala Drive is set back 24 feet minimum. Side yards: 15.2 feet and 69.6 feet. Rear yard: 310 feet C. Parking Ordinance (C.M.C. Chapter 21.44) The City's Parking Ordinance has no specific standard for agricultural farm worker housing facilities. In that case, the Parking Ordinance specifies (Section 21.44.030): where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Planning Commission, and such determination shall be based upon the requirements for the most comparable use specified in this chapter. The Parking Ordinance however does not include any comparable uses such as homeless shelters. Accordingly, staff conducted research of other cities within California regarding required parking standards for temporary farm worker housing dormitories. Similar to Carlsbad, other cities do not have codified standards for such uses. The only "comparable" parking standards discovered were for homeless shelters and those parking standards varied widely, from 1 space per 10 beds plus 1 space per employee (Santa Monica), to 1 space per bed plus 1 space per employee (Monterey County). CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD Augusts, 2011 PAGE 5 The existing temporary agricultural farm worker housing facility includes 50 beds and employs a maximum of 6 staff per week with no more than 3 employees per shift. There exist ten (10) on- site standard parking spaces to accommodate this parking demand. The proposed temporary agricultural farm worker housing facility would include 100-120 beds and would employee a maximum of 9 staff per week with a maximum of four employees per work shift. During the review of the project, staff asked the applicant, Catholic Charities, for a parking analysis regarding similar uses and for the history of parking at La Posada. The applicant responded with a parking analysis letter (attachment #7) indicating that over the 20 year period of operations at the Carlsbad site, the existing 10 parking spaces for employees and 50 temporary residents has been more than adequate. Specifically, the temporary farm workers typically do not own or drive cars and arrive by bus, bicycle, or on foot. The existing parking is therefore primarily used by employees. Staff has surveyed the project during operational hours and concurs with this conclusion. Accordingly, staff is recommending approval of this Conditional Use Permit with the existing 10 parking spaces as proposed. As with all other CUP's, this CUP will be reviewed annually to assess compliance with conditions of approval, compatibility with the neighborhood, and the adequacy of the on-site parking. Pursuant to Condition No. 13 of Planning Commission Resolution No. 6796 if it is determined that the 10 spaces are inadequate, the project will be brought back to the decision makers to address this issue. D. Conditional Use Permit Regulations The proposed project is a use which is allowed in the Industrial Zone (M) subject to the approval of a CUP. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a conditional use permit. All of these findings can be made for this project as discussed below: The four findings for approving a Conditional Use Permit are as follows: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan. The proposed use (Agricultural Farm Worker Housing) is allowed within the Industrial (M) Zone with the approval of a CUP, which implements the Planned Industrial (PI) General Plan Land Use designation, and furthermore is necessary and desirable to the community in that the shelter will continue a use which provides temporary housing for homeless seasonal agricultural farm workers. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed Agricultural Farm Worker Housing is not detrimental to the existing surrounding non-residential, open space, industrial office and City Facility uses or to uses specifically permitted in the zone in that the use is an existing use, for which the occupancy is proposed to be intensified, and has had no enforcement issues in the 20 years of operation at this site. Furthermore, to ensure compatibility of the project with the surrounding CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD Augusts, 2011 PAGE 6 community, the project as designed will meet or exceed the required development standards of the Industrial (M) Zone and Q Overlay zone. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The 3.62-acre project site, and more precisely the 1.19 acre existing pad is adequate in size and shape to accommodate the proposed use in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project complies with all of the required development standards of the Industrial (M) Zone and the Qualified Development Overlay Zone in that the project meets or exceeds the building setbacks and height restrictions; temporary residents of the site are expected to arrive by bus, bicycle, or on foot and a bus stop is nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors; and, the buildings as proposed meet or exceed the slope edge setback standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The existing street system, Impala Drive, is adequate to properly handle the limited amount of traffic (265 ADT) that is generated by the project. No levels of service are expected to change on surrounding roadways in that this use is existing and the temporary residents of the site are expected to arrive by bus, bicycle, or on foot and there are bus stops nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors. E. Habitat Management Plan Permit (C.M.C. Chapter 21.210) The City of Carlsbad's Habitat Management Plan (HMP) identifies the 3.62 acre project site as a Development Area, which is located adjacent to and south of a Proposed Hardline Preserve Area. The adopted HMP is a comprehensive plan to protect native plant and animal species and their habitats by the creation of a citywide, regional habitat preserve system. In return, impacts to native habitats outside the citywide, regional preserve system boundaries are allowed. The native habitat contained on this project site is not a part of, nor is of any biological value to the HMP citywide regional habitat preserve system, and will not jeopardize the existence or survival of any rare, threatened or endangered plant or animal species, and the impact will be mitigated through the payment of a habitat in-lieu mitigation fees as conditions of approval of the project. A habitat assessment of the project site (Planning Systems, January 8, 2010) was prepared in accordance with the HMP. According to the assessment, the site contains 2.32 acres of unoccupied Southern Mixed Chaparral (SMC) and .11 acre of Non-Native Grassland (NNG). This habitat is located on the steep slope located at the rear of the property. The project grading will directly impact (remove) .32 acre of SMC and .11 acre of NNG. ^^ CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD Augusts, 2011 PAGE? In addition, the project applicant is proposing to "take" the remaining 2 acres of SMC (rather than incorporating it into the HMP, recording a conservation easement over it and providing for a non-wasting endowment to manage, maintain and monitor the habitat in perpetuity). These impacts have already been analyzed, anticipated and authorized by the City's HMP. Pursuant to the HMP, the project has been conditioned to pay in-lieu fees for impacts to 2.32 acres of SMC and . 11 acre of NNG. For reference, an open space easement will however be recorded over the 2 acres of SMC to prohibit development of this property which is currently designated for Open Space by the Carlsbad General Plan. F. Airport Land Use Compatibility Plan for McClellan-Palomar Airport The project site is located approximately 1.1 miles northeast of the McClellan-Palomar Airport and approximately 24 feet above the surface of the runway. The project is compatible with the ALUCP for the McCellan Palomar Airport in that it is located outside of the 60 dB CNEL noise contour and will therefore not require any interior or exterior noise attenuation and is identified as a compatible land use within Safety Zone 6. Furthermore, because the maximum 25' tall building on the proposed 355' tall pad (380' MSL) will be below the Federal Aviation Administration's 481' MSL Part 77 notification elevation, no FAA notification is required. Therefore, the proposed single story farm worker housing use is an allowed use on this property and only a recordation of an overflight notification document will be conditioned for the project. G. Growth Management The proposed project is located within Local Facilities Management Zone 5 in the northeast quadrant of the City. The impacts on public facilities created by the project and its compliance with the adopted performance standards are summarized in Table 2 below. TABLE 2 GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS N/A N/A 8.21 EDU N/A Basin B 265 ADT Station No. 5 N/A N/A 8.21 EDU 8,399 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15332, In-Fill Development: where the project is consistent with the General Plan designations and policies; the lot is less than five CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD August 3, 2011 PAGES acres in size and is surrounded by urban development; the site has no biological value for endangered, rare or threatened species; the project would not result in any significant impacts relating to traffic, noise, air quality or water quality; and, the site is adequately served by the required utilities. A notice of Exemption will be filed upon approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 6796 (CUP) 2. Planning Commission Resolution No. 6797 (HMP) 3. Location Map 4. Disclosure Statement 5. Background Data Sheet 6. Local Facilities Impacts Assessment Form 7. Parking Letter from Catholic Charities 8. Reduced Exhibits 9. Exhibits "A"-"Q" dated August 3, 2011 1 PLANNING COMMISSION RESOLUTION NO. 6796 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW 4 FOR THE DEMOLITION OF AN EXISTING 50 BED 5 TEMPORARY AGRICULTURAL FARM WORKER HOUSING FACILITY AND ALLOW FOR THE CONSTRUCTION AND 6 OPERATION OF A NEW 120 BED TEMPORARY AGRICULTURAL FARM WORKER HOUSING FACILITY ON 7 PROPERTY LOCATED AT 2480 IMP ALA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 8 CASE NAME: LA POSADA DE GUADALUPE DE 9 CARLSBAD CASE NO.: CUP 10-08 10 WHEREAS, Catholic Charities, a Non-Profit Religious Corporation, 12 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding 13 property," described as 14 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 16 number 88-247094 17 ("the Property"); and I o WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit as shown on Exhibits "A" - "Q" dated August 3, 2011, on file in the Planning 20 Department, CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD, as provided by 21 ~~ Chapter 21.42 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on August 3, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP; and 28 25 WHEREAS, on August 3, 2011, the Planning Commission recommended 2 approval of CUP 10-08, as described and conditioned in Planning Commission Resolution No. 3 6796.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL OF CUP 10-08 - LA POSADA DE GUADALUPE DE CARLSBAD, based on the following findings and subject to 10 the following conditions: Findings; 12 1. That the requested use is necessary or desirable for the development of the community, 13 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed use (Agricultural Farm Worker Housing) is allowed within the Industrial . <- (M) Zone with the approval of a CUP, which implements the Planned Industrial (PI) General Plan Land Use designation, and furthermore is necessary and desirable to 16 the community in that the shelter will continue a use which provides temporary housing for homeless seasonal agricultural farm workers. 17 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed Agricultural Farm Worker Housing is not detrimental to the existing surrounding non- residential, open space, industrial office and City Facility uses or to uses specifically 20 permitted in the zone in that the use is an existing use for which the occupancy is proposed to be intensified and has had no enforcement issues in the 20 years of operation at this site. Furthermore, to ensure compatibility of the project with the ~~ surrounding community, the project as designed will meet or exceed the required development standards of the Industrial (M) Zone and Q Overlay zone. 23 3. That the site for the proposed conditional use is adequate in size and shape to 24 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director, planning commission or city council, in order to integrate the use with 26 other uses in the neighborhood, in that the 3.62-acre project site, and more precisely the 1.17 acre existing pad is adequate in size and shape to accommodate the 27 proposed use in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project complies with all of the required development standards of the Industrial (M) Zone and the Qualified Overlay Zone in that the project meets or exceeds the building setbacks and height PC RESO NO. 6796 -2- restrictions; temporary residents of the site are expected to arrive by bus, bicycle, or 2 on foot and a bus stop is nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors; and, the buildings 3 as proposed meet or exceed the slope edge setback. 4 4. That the street system serving the proposed use is adequate to properly handle all traffic r generated by the proposed use, in that the existing street system, Impala Drive, is adequate to properly handle the limited amount of traffic (265 ADT) that is 6 generated by the project. No levels of service are expected to change on surrounding roadways in that this use is existing and the temporary residents of the site are 7 expected to arrive by bus, bicycle, or on foot and there are bus stops nearby and bicycle racks are being provided, therefore the 10 parking spaces can accommodate the employees and visitors. 9 5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the 10 McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is conditioned to record a notice concerning aircraft noise. The project is compatible with 11 the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that it is located outside of the 60 dB CNEL noise contour and will therefore not require any 13 interior or exterior noise attenuation and is identified as a compatible land use within Safety Zone 6. Furthermore, because the maximum 25' tall building on the 14 proposed 355' tall pad (380' MSL) will be below the Federal Aviation Administration's 481' MSL Part 77 notification elevation, no FAA notification is1 'S1 required. 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 17 Code Section 14.28.020 and Landscape Manual Section IB). 18 7. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 19 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the 2i project is within the City limits; is less than five (5) acres in size; and is surrounded by urban uses. 22 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 23 contained in this resolution, and hereby finds, in this case, that the exactions are imposed 24 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions; 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permits or building plans, whichever occurs first. 28 PC RESO NO. 6796 -3- 1, If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 4 issued under the authority of approvals herein granted; record a notice of violation on the c 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 6 or a successor in interest by the City's approval of this Conditional Use Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 9 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and * * regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 14 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 19 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 including without limitation, any and all liabilities arising from the emission by the „„ facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 23 approval is not validated. 24 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 25 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that 27 Plan prior to the issuance of building permits. 28 PC RESO NO. 6796 -4- 8. This approval is granted subject to the approval of BMP 11-01 and is subject to all 2 conditions contained in Planning Commission Resolutions No. 6797 for those other approvals incorporated herein by reference. 3 9. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing 6 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. o 9 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such 19 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 12. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the 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 16 Carlsbad has issued a Conditional Use Permit by Resolution No. 6796 on the property. Said Notice of Restriction shall note the property description, location of the file 17 containing complete project details 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 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. 20 13. CUP 10-08 shall be reviewed by the Planning Director annually to determine if all 21 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 23 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 24 contrary to any of the terms or conditions of approval or the conditions of approval have 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, 26 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 27 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 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 PC RESO NO. 6796 -5- whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 2 new conditions. 3 14. This Conditional Use Permit is granted for a period of ten (10) years from August 3, 2011 through August 2, 2021. 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 r 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 ten (10) 6 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 9 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 13 condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 17. Prior to the issuance of grading permit or the issuance of building permits, whichever 17 occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 20 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 21 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 23 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 24 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 26 Engineering; 27 Unless specifically stated in the condition, all of the following conditions, upon the approval of 28 this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. PC RESO NO. 6796 -6- General 2 1. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 4 <- 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has 6 determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 7 3. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this 9 condition. 10 Fees/Agreements 11 4. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 13 5. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 14 6. Developer shall cause property owner to process, execute and submit an executed copy to ^ the city engineer for recordation a city standard Permanent Stormwater Quality Best ,,- Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 17 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this project. 18 7. Developer shall cause the property owner to process a street vacation to vacate the excess street dedication of Impala Drive along the project frontage as shown on the site plan. 20 Grading 21 8. Based upon a review of the proposed grading and the grading quantities shown on the site 22 plan, a grading permit for this project is required. Developer shall prepare and submit ~o plans and technical studies/reports, for 'city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 24 9. Developer shall apply for and obtain a grading permit from the city engineer. Developer 25 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements.26 27 10. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 28 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and PC PvESO NO. 6796 -7- educational practices, maintenance procedures, and other management practices or 2 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify 3 prospective owners and tenants of the above requirements. 11. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 6 12. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan 7 (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection 10 fees per the city's latest fee schedule. 13. This project is subject to 'Priority Development Project' requirements. Developer shall 12 prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment 13 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the 14 SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 17 14. Developer is subject to hydromodification (runoff reduction) requirements, Hydromodification involves detailed site design and analysis to reduce the amount of 1° post-development run-off by mimicking the natural hydrologic function of the site, , o preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During 20 final design, developer shall demonstrate compliance with hydromodification requirements in accordance with the city's Standard Urban Storm Water Management 21 Plan (SUSMP) to the satisfaction of the city engineer. 22 15. Developer is responsible to ensure that all final design plans (grading plans, improvement 23 plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, hydromodification, and Low Impact Design (LID) facilities. 24 Dedications/Improvements 16. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain 27 and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 28 PC RESO NO. 6796 -8- 17. • Developer shall design all proposed public improvements including but not limited to 2 (pedestrian ramps, driveways, curb and gutter, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the 3 following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or <- B. Construction Revision to an existing record public improvement drawing, DWG 248- 6 Developer shall pay plan check and inspection fees using improvement valuations in 7 accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way,o Utilities 10 18. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 13 19. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 14 20. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement I /- plans, grading plans, or construction revision to existing improvement plan DWG 248-5. 17 21. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans, grading plans, or construction revision to existing improvement plan DWG 248-5. 19 Code Reminders: 20 The project is subject to all applicable provisions of local ordinances, including but not limited to 21 the following: 99^ 22. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 23 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 24 planning purposes only. 25 23. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 27 24. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 28 permit issuance, except as otherwise specifically provided herein. PC RESO NO. 6796 -9- 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 26. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE 6 _ 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 g "fees/exactions." 9 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 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 12 annul their imposition. 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6796 -10- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on August 3, 2011 by the following vote, 3 to wit: 4 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 11 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 13 14 ATTEST: 15 16 17 DONNEU Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6796 -11- 1 PLANNING COMMISSION RESOLUTION NO, 6797 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE , LA POSADA DE GUADALUPE DE CARLSBAD PROJECT, ON PROPERTY GENERALLY LOCATED AT 2478 IMP ALA 6 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA DE GUADALUPE DE 7 CARLSBAD CASE NO: HMP11-Q18 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, the City of Carlsbad has received authorization to issue permits to 17 impact various sensitive species and habitats, including species listed as Threatened or 18 in Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 20 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 21 and 22 WHEREAS, the authority stated above is based on a plan titled Habitat 23 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 24 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 2/: consistency with the HMP; and 27 WHEREAS, said verified application by Developer constitutes a request for a 28 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 21,210 of the Zoning Ordinance, on file in the Planning Department; and WHEREAS, the Planning Commission did on August 3, 2011, consider said 2 request; and 3 WHEREAS, at said hearing, upon hearing and considering all testimony and 4 c arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Habitat Management Plan Permit. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That the LA POSADA DE GUADALUPE DE CARLSBAD project is * * consistent with the HMP as described in the following findings. 12 C) That based on the evidence presented at the hearing, the Commission 13 APPROVES the Habitat Management Plan Permit, HMP 11-01, for the LA POSADA DE GUADALUPE DE CARLSBAD project based on the following 14 findings and subject to the following conditions: 15 Findings: 16 1. That the La Posada de Guadalupe de Carlsbad project is shown in Figure 28 of the 17 approved HMP as outside of existing or proposed Hardline Conservation Area and Standards Area.18 j 9 2. That authorization to impact sensitive habitats and take of species of concern, through the removal of .32 acre of Mixed Chaparral (Group "D") and .11 acres of Non-Native 20 Grassland (Group "E") and the take of 2 acres of Mixed Chaparral (Group "D") is subject to continuous compliance with all provisions of the Habitat Management Plan for 21 Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take 22 Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 23 3. That authorization to impact sensitive habitats and take of species of concern is subject to 24 continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to 26 Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 27 4. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the La Posada de Guadalupe de Carlsbad project. PC RESO NO. 6797 -2- 1 5. That the project design as approved by the City of Carlsbad has avoided and minimized 2 impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; the project is located outside of any existing or proposed Hardline 3 Conservation Areas or Standards Areas; the conditions of approval for the project include the payment of all applicable Habitat Mitigation In-Lieu fees; the native habitat contained on this project site is not a part of, nor is of any biological value to the HMP citywide regional habitat preserve system, and will not jeopardize the existence or survival of any rare, threatened or endangered plant or animal species; 6 and the HMP Habitat Mitigation In-Lieu Fee Program and anticipated impacts to native habitat outside the preserve areas and the payment of in-lieu mitigation fees 7 assists in conserving a full range of vegetation types remaining in the City, with focus on rare and sensitive habitats.8 9 6. That the authorization to impact sensitive habitats and incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival 10 and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 12 7. That the Planning Director is authorized to sign the Take Permit. 13 8. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 17 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 1 R preservation of open space within an increasingly urban environment. Moreover, each , o new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 20 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 21 9. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development 24 Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the project is within the City limits; is less than five (5) acres in size; and is surrounded by 25 urban uses. 10. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 28 degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6797 -3- Conditions: 2 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 3 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 4 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; record a notice of violation on the 6 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 7 or a successor in interest by the City's approval of this Habitat Management Plan Permit.o 9 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 10 make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 1* development different from this approval, shall require an amendment to this approval. 12 3. If any condition for construction of any public improvements or facilities, or the payment 13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 14 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 16 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly in or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 20 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 21 without limitation, any and all liabilities arising from the emission by the facility of 22 electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 23 validated. 24 5. This approval is granted subject to the approval of CUP 10-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6796 for those other approvals incorporated herein by reference. 26 6. As a condition of this approval, applicant must comply with the requirements of all 27 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 28 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of PC RESO NO. 6797 -4- fish, wildlife, native plants and the habitat necessary for biologically sustainable 2 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 3 7. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits , to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the.City has adopted an In-lieu 6 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 7 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 10 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all 111 [ approvals for this project shall become null and void. 12 8. Prior to issuance of a grading permit or building permit, whichever occurs first, the 13 applicant shall pay Habitat In-Lieu Fees consistent with the HMP and the biological report as follows: Group "D" 2.32 total acres of unoccupied coastal Sage/Mixed 14 Chaparral; and, Group "E" .11 acres in total of Non-Native Grassland, 15 NOTICE 16 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." 19 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 20 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 22 annul their imposition. 23 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 25 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 26 expired. 27 28 PC RESO NO. 6797 -5- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad held on August 3,2011, by the following vote, to wit: 3 AYES:4 5 NOES: 6 ABSENT: 7 ABSTAIN: 8 9 10 STEPHEN "HAP" L'HEUREUX, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 ATTEST: 14 15 DON NEU Planning Director 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6797 -6- NOT TO SCALE SITEMAP La Posada de Guadalupe de Carlsbad CUP 10-08 DISCLOSURE STATEMENT CITY OF CARLSBAD Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Sister RayMonda DuVall Title Executive Director Address Corp/Part Catholic Charities Diocese of San Diegc Title _ Address Cedar St, San Diego CA 92101 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part. Title Address Address Page 1 of 2 Revised 04/09 H3 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Catholic Charities Title Title Diocese of San Diego Address Address See Coporate Board of Directors attached 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes x.| No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Sister RayMonda DuVall, Executive Director Sister RavMonda DuVall. Executive Director Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 04/09 CATHOLIC CHARITIES Administration Corporate Board 2010 Ex Offlcio Members: Rodrigo Valdivia, Chairman Diocese of San Diego P. O. Box 85728 San Diego, CA 92186-5728 Sister RayMonda DuVall, President Catholic Charities 349 Cedar Street San Diego, CA 92101 Elected Members: Deborah McGraw, Treasurer 1124 Wales Place Cardiff-By-The-Sea, CA 92007 Thomas J. Brady 7854 Eads Ave La JoIla,CA 92037 Sue Brandt 4410 Brandt Rd Brawley, CA 92227 James W. Brennan ENDEV 404 14lh Street San Diego CA 92101 Peter F. Bride 4345 Arista St. San Diego, C A 92103 Paul Desrochers 4947 Lorraine Drive San Diego, CA 92115 Cheryl Eyer Alford Distributing Company 344 West Crown Ct Imperial, CA 92251 Lilia E. Garcia Office of the Attorney General PO Box 85266 San Diego, CA 92186-5266 Harry Guess 1145 Quinto Creek PI ChulaVista,CA91913 David R. Hickey Robert R. Redwitz & Co. 9404 Genesee Ave, Ste 220 La JollaCA 92037 Antonio Masoni 6793 Parkside Ave. San Diego, CA 92139 Kenneth Miller, M.D. 4106 Alameda Drive San Diego, CA 92103-1610 Dennis Morgigno 4307 Alder Drive San Diego, CA 92116 Jomi Shega 801 Emerald St. Ste 110 San Diego, CA 92109 Carmen M Vazquez University of San Diego 5998 Alcala Park San Diego C A 92110 Ex Officio Member: Kent Peters Diocese of San Diego P. O. Box 85728 San Diego, CA 92186-5728 ilb 3/1/2010 Catholic Charities Diocese of San Dicco 349 Cedar Street, San Diego, California 92 i 01-3197 * Tel. (619)231-2828 * Fax (619) 234-2272 Member Agency of United Way * Member Agency of Catholic Charities USA BACKGROUND DATA SHEET CASE NO: CUP 1Q-08/HMP I1-Q1 CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD APPLICANT: Catholic Charities Diocese of San Diego REQUEST AND LOCATION: A Request for a Conditional Use Permit fCUP 10-08) and Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of the existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. LEGAL DESCRIPTION: 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. APN: 209-041-28-00 Acres: 162 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial & Open Space TPI/OS) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Industrial Zone with a Q Overlay CM-CO Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning M-Q Open Space (O) M-Q Open Space (O) M-Q GeneralJPlan PI/OS Open Space (OS) PI Governmental Facilities (G) PI LOCAL COASTAL PROGRAM Current Land Use Agricultural Farm Worker Housing Open Space Industrial Office City's Fleet Yard Industrial Office Coastal Zone: I1 Yes [X] No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Q Yes £<] No Coastal Development Permit: Q Yes £<] No Local Coastal Program Amendment: f~] Yes [X] No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: N/A Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 8.21 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, 15332, In-Fill Development [~] Negative Declaration, issued_ ["] Certified Environmental Impact Report, dated_ D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: La Posada de Guadalupe de Carlsbad - CUP 10-08/HMP11-01 LOCAL FACILITY MANAGEMENT ZONE: 5 ____„ GENERAL PLAN: Planned Industrial/Open Space (PI/OS") ZONING: Industrial Zone with a Qualified Overlay Zone (M-Q) DEVELOPER'S NAME: Catholic Charities Diocese of San Diego ADDRESS: 349 Cedar Street. San Diego. CA 92101 PHONE NO.: 619-231-2828 ASSESSOR'S PARCEL NO.: 209-041-28-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.62 AC ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = N/A_ B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 8.21 EDU D. Park: Demand in Acreage ~ N/A E. Drainage: Identify Drainage Basin = B F. Circulation: Demand in ADT - 265 ADT's G. Fire: Served by Fire Station No. = 5 H. Open Space: Acreage Provided = N/A I. Schools: N/A J. Sewer: Demands in EDU 8.21 Identify Sub Basin = B_ K. Water: Demand in GPD = 8,399 CATHOLIC CHARITIES Administration October 20, 2010 Mr. Dan f JaJverson City of Carlsbad Planning Department .„.. ? 1635 Faraday Ave Carlsbad, CA 92008 RE: Catholic Charities of San Diego - La Posada Shelter Parking Requirements Dear Mr. Halverson, This letter is a summary of the current and future parking needs of the La Posada Shelter and farm worker housing project on Impala Drive. The scope of the project is to replace the existing facilities located at 2476 Impala Dr, Carlsbad. Because we have operated La Posada at this location for the past 18 years, we have very accurate data on the parking needs at the facility. We know the number of staff employed and their auto usage as well as all other auto traffic that conies to the facility. Currently La Posada houses 50 men and we employ a total staff of 6 which covers 7 days a week, 24 hours per day. The parking needed to accommodate staff and visitors is 4 parking stalls. AH of these spaces are used by employees since the men housed at La Posada do not own cars. Once complete, the facility will house 100 men and employ 9. The parking needed to accommodate the increase in staff will be a total of 5 parking stalls. Our site will provide 4 on-sile parking spaces and there will also be 5-6 street parking spaces for a new total of 10-11 parking stalls for visitors and staff. The La Posada Shelter is not the only homeless shelter we operate. Catholic Charities operates Rachel's Women's Center in Downtown San Diego. The staff size is similar with target populations being homeless women. The anticipated parking needs listed above are consistent with the needs we experience at Rachel's Women's Center. Based on our current experience at La Posada and Rachel's Women's Center we are confident that parking needs for this location once the improvements are complete are more than adequate. Sincerely, Sister RayMonda DuVall Executive Director f 1 Catholic I • Charities 349 Cednr Street, San Diego, California 92101-3197 * Tel. (619)231-2828 * Fas (619)23-1-2272 Diocese of San Diego Member Agency of United Way * Member Agency of Catholic Charities USA CAUTION: IF THIS SHEET IS NOT 24"x36" IT IS A REDUCED PRINT ABBREVIATIONS un *™ a Iw,to* ™ a:s=* «•- «-»- . . Cnvilars. c. ST SSL1 "L ™ gf .-.. r .I- * ft >««•* -^ «- . '»- •»«imr iMrtvwMH,(J,*, IMM, On*«l 1LIC MM on C*NO * f femur 0» aivdt Da St. 55,WT. !>(*••'« i>^ •»(> if lg, SYMBOLS (OPtlCM |A , -— MltftQIMIEMTlEM *tft La POSADA MEN'S SHELTER 2478 IMPALA DRIVE CARLSBAD , CALIFORNIA 92008 PROPERTY OWNER CATHOLIC CHARITIES DIOCESE OF SAN DIEGO M» ttMft STRUT JSM KCo. c* inn-3T»T GENERAL CONTRACTOR O'OARA CONSTRUCTION f.9. Ml IIU UK OttU*c»«».a,™ ARCHITECT WARE MALCOMB OWNER'S CONSULTANTS GEOTECHNICAL ENGINEER ARCHITECT'S CONSULTANTS STRUCTURAL ENGINEER GRlUM & CHEN STRUCTURAL t NONE t RING, INC.t VOX. wot m MECHANICAL ENGINEER T-$QUAR£D PROFESSIONAL ENONEERWC, INCtua SPicwttr onnr. sum tvm*. c*row««A nor rwt t/.o> a- PLUMBING ENGINEER r-SQUARED PROFESSIONAI ENPNEERINC, INC vx* t *-attjw tttOM,rt Dfine. suit C - "t nan MWSIA, WtlTWNrt 9M1 • TMC <rea) W ELECTR[CAL ENGINEERT-SOU WED PROFESSIONAL CNGNCERlNC, INC\3*« vautTt punt;, sun cVITA, CAUTMMA VKJI LANDSCAPE ARCH|T£CT RIDGE LANDSCAPE ARCHITICIS CIVIL ENGINEER WAP£ UALCOUB KITCHEN ANTHONY THOMAS RESTAUflANr DC9CNOKU ant, c* «n» VICINITY MAP PROJECT SITE PROJECT DATA PROJECT SCOPE, _ BULDll«0(nANHINQ DEPAHIWEMT; . gUlDING CODE: „ —atror otjuuo .jmij cuvw piumi'KC «oc «1fl CMJTOM' ELCCnOL CIZC•but :< (ADI) ounmu j •S5ESSO(TS PJUIf^i «!• L£6*t D£SCflH7nOiN:: _ nmo.?« PWCEt uw iu<T nmt error C/A5WO. 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P z Si! ° Mi<£§SO -i< ^< LU a oco XI D O U) 00 CD OL !?3 ro N < [ITJ Nfe-OWMlt OP*OC <U» WtCtO LTtt MOMS COLOR LEGEND . .IM.«T 81*2 M.^l f^ LEGEND jnm: K)cn-eoi$-H CZI- (T) A4.1 EXHIBIT 5 Planning Commission Minutes August 3,2011 Page 2 MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of July 20, 2011 as corrected. VOTE: 6-0-1 AYES: Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Chairperson L'Heureux ABSTAIN: None Vice Chairperson Schumacher directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Vice Chairperson Schumacher asked Mr. Neu to introduce the first item. 1. CUP 10-08/HMP 11-01 - LA POSADA DE GUADALUPE DE CARLSBAD - A Request for a Conditional Use Permit (CUP 10-08) and Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of the existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Dan Halverson would make the Staff presentation. Vice Chairperson Schumacher opened the public hearing on Agenda Item 1. Mr. Halverson gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher acknowledged receipt of an errata sheet as well as a letter from Caring Residents of Carlsbad dated August 3, 2011. Vice Chairperson Schumacher asked if there were any questions of Staff. Commissioner Black asked if the shelter will be separated for farm worker housing and homeless shelter. Mr. Halverson stated Staff is strictly looking at the agricultural farm worker housing. He deferred the question to the applicant. Mr. Halverson further stated that if in the future the project applicant wants to turn the facility into a homeless shelter, the project would need to come before the Commission for an amendment to the CUP. Commissioner Nygaard asked about the priority development condition included in this project. Tecla Levy, Associate Engineer, stated priority projects are those that meet the criteria provided with the City of Carlsbad Storm Water Standards. Typically they are projects that will potentially generate significant post development pollutants and pose a long term threat to the water quality therefor there should be mitigation onsite. The projects need to meet the low impact design requirements, the treatment control BMPs, and the hydromodification requirements of the Regional Water Quality Control Board. Ms. Levy stated this project meets all those requirements. Commissioner Nygaard asked if these are new 51 Planning Commission Minutes August 3,2011 Page 3 requirements. Ms. Levy stated the only new requirement is the hydromodification requirement. These regulations are applied to all priority projects. Vice Chairperson Schumacher asked how many parking spaces will be added with the vacation of part of the street and if parking will be available should a need arise for excess parking. Mr. Halverson stated that with the vacation of the cul-de-sac, there will be roughly 8 street parking spaces added right in front of the project site. Commissioner Siekmann asked about street lighting. Mr. Halverson stated the project is required to construct all of the street improvements along the project frontage which will include street lights if necessary. Vice Chairperson Schumacher asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Andy Dzulynsky, with Ware and Malcomb Architects, 6363 Greenwich Drive, San Diego, gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Black asked how the farm worker housing and homeless shelter will be set up with the new buildings. Eddie Preciado, director for La Posada, stated there will be two buildings each holding 50 residents. The building to the north will house farm workers. Commissioner Nygaard asked about the phasing of the project. Mr. Dzulynsky stated the first phase will be the building to the north and the dining/kitchen area. Immediately following the completion of phase 1, the second phase will begin. Commissioner Siekmann asked how many people the dining area will seat. Mr. Dzulynsky stated that there will be accommodations for 70 people inside the dining area. There are accommodations for approximately 40 people in the outdoor dining area. Commissioner Siekmann inquired how the outdoor dining area will work during inclement weather. Mr. Dzulynsky stated that the outdoor dining area does have a roof but is open on the sides. Commissioner Arnold asked how long the average resident stays at the shelter. Mr. Preciado stated it is about 60 days. Commissioner Black inquired about any plans for a garden at the site. Mr. Dzulynsky stated there will be open areas to allow for gardening. Sister Raymonda Duvall, executive director of Catholic Charities, gave a brief presentation and stated she would be available for any questions. Commissioner Siekmann asked what happens if men come to the facility with a wife and/or child. Ms. Duvall stated that the site is only for single men. Vice Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Vice Chairperson Schumacher opened public testimony on the item. Tom Maddox, 511 Rudder Avenue, Carlsbad, representing Caring Residents of Carlsbad, stated their support of the project and urged the Commission to approve the project. Vice Chairperson Schumacher asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony on the item. Planning Commission Minutes August 3,2011 Page 4 DISCUSSION Commissioner Siekmann stated the proposed project is a much needed improvement for the facility and completely supports the project. Commissioner Arnold commended everyone for their effort with this project and stated his support of the project. Commissioner Black concurred with his fellow Commissioners and commended the City for having such a project in the City. He stated his support of the project. Commissioner Scully also concurred with her fellow Commissioners and stated her support of the project. Commissioner Nygaard thanked Staff and the applicant for their efforts with this project and stated her support of the project. Vice Chairperson Schumacher also stated his support of the project MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6796 recommending approval of CUP 10-08, and adopt Planning Commission Resolution No. 6797 approving a Habitat Management Plan Permit (HMP 11-01) based upon the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0-1 AYES: Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Chairperson L'Heureux ABSTAIN: None Vice Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow the construction of a mixed-use development project consisting of 5,029 square feet of commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad Village Drive in Land Use District 2 of the Village Review Zone. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Austin Silva would make the Staff presentation. Vice Chairperson Schumacher opened the public hearing on Agenda Item 2. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher asked if there were any questions of Staff. Commissioner Arnold asked for clarification regarding the parking in-lieu fee. Mr. Silva stated the parking in-lieu program is set up so that developers can purchase credits to satisfy the parking requirements if the parking cannot be satisfied on-site. There are two different zones in the Village Area. This project is located in zone 2 which allows a developer to purchase credits for 25% of the required parking reduction. Commissioner Arnold asked where the parking in-lieu fee goes. Mr. Silva stated the fees go into a fund that is set aside for maintenance and development of existing parking spaces in the Village. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, 9BHBHB> to consider approval of a Conditional Use Permit No. CUP 10-08 to allow for the demolition of an existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility on property generally located at 2478 Impala Drive in Local Facilities Management Zone 5 and more particularly 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 Whereas, on August 3, 2011 the City of Carlsbad Planning Commission voted 6-0-1 (Chairperson L'Heureux absent) to approve a Conditional Use Permit (CUP 10-08) and Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of the existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after IBDHHB- If Y°u have anV questions, please contact Dan Halverson in the Planning Division at (760) 602-4631 or daniel.halverson@carlsbadca.gov. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 10-08 CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD PUBLISH: CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP La Posada de Guadalupe de Carlsbad Shelter CUP 10-08 2011-09-22 16:33 Lowes 7606028421 »7607209461 p 2/3 Caring "Residents ofCarCsBacC A TuBCic 'Benefit Corvoration 92018 September 22,2011 T.O.Date: Distribution: City Clerk Asst. City Clerk Deputy Clerk City of Carlsbad City <£$g&Kl A» * -Bate eceive-Agenda Item #_ F ar the Information of the- CITY COUNCIL Afest. CM_i_CA_iiCCJ^ . City M Re: Letter in Support of CUP 10-08 to Rebuild La Posada de Guadalupe (Carlsbad Homeless Men's Shelter) Dear Mayor Hall, Mayor Pro Tern Kulchin, and Council Members Packard, Blackburn and Douglas: I write this letter on behalf of the Board of Directors of Caring Residents of Carlsbad, Inc. in full support of the application by Catholic Charities of San Diego for a Conditional Use Permit to allow for the demolition and reconstruction of the La Posada de Guadalupe Homeless Men's Shelter. Caring Residents of Carlsbad, a non profit public benefit corporation dedicated to serving our community's homeless, has worked for almost 20 years now to create community awareness of the needs of the homeless here in Carlsbad and coastal North San Diego County. Our organization has worked with Catholic Charities and the staff at La Posada de Guadalupe since its inception in 1992. All of our Board members have firsthand knowledge of the positive impact the La Posada shelter has made in our community. We have met many of the men who have benefited from their stay at this well-run facility. Over the years we have found the shelter staff at La Posada to be both professional and compassionate in addressing the particular needs of each of the shelter residents. The shelter has earned the respect of the greater Carlsbad community. Former Mayor Bud Lewis often said that "At La Posada the men receive a hand up, not a handout". Tom Maddox, PrfMd&flZ Coleen Lassegard Coffey, Vic&Prctfdwt; Laura Scarpelll, Trtuuwer; Lois Gre«m, C0tye<i]twu&»a^S<^0to^; Marglt Monroy, Recwding'SecwtoMy', Mlcha«I O'Cara, laPwcidM LicU&n{ Socorro Anderson, Stephank Cannon, Kay Chrlstensen, Elle«m Clgankojudy dcCruy, Trlcla Haarer, Shirley M««g«r. Ursula Monaco-Sw««n<jy, Marsha Solomon, Marilyn Van Wassenhove, Kathleen Ounn Wellman CATHOLIC CHARITIES / .. AdministrationAll Receive-Agenda Item #Lf- For the Information of tihe: opr>tember 22 2011 CITY COUNCILSeptemoer ^, AJI i Asgt_ jL City Manager Lisai Hildabrand City Manager 1200 Carlsbad Village Dr Carlsbad, CA 92008 RE: SEPTEMBER 27, 2011 CUP HEARING FOR LA POSADA DE GUADALUPE Dear Ms Hildabrand, After more than 18 years of operation La Posada de Guadalupe and the City of Carlsbad are on the threshold of a new chapter in our partnership to shelter homeless men and farm workers. The construction of a new facility that will not only increase our capacity but create a facility that can be used for the next twenty years to address the sheltering needs in bur community. At each milestone in the development of La Posada I have appeared before the City Council to either ask support or to thank them for their faith and support of our work. The Council hearing for the La Posada Conditional Use Permit is scheduled for Tuesday, September 27, 201 1 . On behalf of Catholic Charities I write to respectfully request that the hearing be delayed until October 25, 201 1 . I make this request because I will be out of town on September 27th. As the primary spokesperson for Catholic Charities and La Posada I would not only like to be there to share in the joy of this moment but to share with the Council some of the specific challenges we now face related to construction and city fees. Thank you for your consideration of my request. Should you need to speak with me I can be reached on my cell phone at 619.997.5514 Sister RayMonda DuVall Executive Director Date: <?/<£ 3 ft / Distribution: ' City Clerk Asst. City Clerk Deputy Clerk Catholic Charities 349 Cedar Street> SanDieg°. California 92101-3197 * Tel. (619)231-2828 * Fax (619)234-2272 Dioresc of San D' o Member Agency of United Way * Member Agency of Catholic Charities USA Agenda Item » to : 7 L ? ™ . r-. Forthc membeisof the:CARLSBAD CITY COUNCIL ACM Cfty Manager Memorandum October 25, 2011. To: Lisa Hildabrand, City Manager From: Don Neu, City Planner Q/f Via Gary Barberio, Community and Economic Development Director Re: La Posada Budget and Allocation of Funds Catholic Charities submitted the attached project budget (Attachment A) in 2007 as part of the application for Agricultural Conversion Mitigation Fee (ACMF) funding. The applicant's budget shows an estimated cost of $2.4 million, tn February 2009 the City Council awarded $2 million in (ACMF) funding to Catholic Charities for the construction of the project. This ACMF funding coupled with the Community Development Block Grant (CDBG) funds totals $2,361,583. ACMF Funds • $2,000,000 a warded; • $54,400 disbursed; • $1,945,600 remaining to be disbursed. CDBG Funds • $361,583 awarded; • $143,995 disbursed; • $217,588 remaining to be disbursed. DN: DHrbd Date: ___ Distribution: City Clerk Asst. City Clerk Deputy Clerk Book Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 | 760-602-2710 I 760-602-8560 fax Carin0 'Residents Agenda Item #/O For the members of the: CITY COUNCIL *•" TuBCic 'Benefit Corporation T.O. "Box 2194, CarCsbacC, CJ\. 92018 760-602-7933 / was a stranger ancCyou -weCcomecCme. October 24 2011 City of Carlsbad City Council Date: /c Dfctribiition: City Clerk »«t. City Clerk Deputy Clerk Book Re: Letter in Support of CUP 10-08 to Rebuild La Posada dc Guadalupe (Carlsbad Homeless Men's Shelter) Dear Mayor Hall, Mayor Pro Tern Kulchin, and Council Members Packard, Blackburn and Douglas: I write this letter on behalf of the Board of Directors of Caring Residents of Carlsbad, Inc. in full support of the application by Catholic Charities of San Diego for a Conditional Use Permit to allow for the demolition and reconstruction of the La Posada de Guadalupe Homeless Men's Shelter. Caring Residents of Carlsbad, a non profit public benefit corporation dedicated to serving our community's homeless, has worked for almost 20 years now to create community awareness of the needs of the homeless here in Carlsbad and coastal North San Diego County. Our organization has worked with Catholic Charities and the staff at La Posada de Guadalupe since its inception in 1992. All of our Board members have firsthand knowledge of the positive impact the La Posada shelter has made in our community. We have met many of the men who have benefited from their stay at this well-run facility. Over the years we have found the shelter staff at La Posada to be both professional and compassionate in addressing the particular needs of each of the shelter residents. The shelter has earned the respect of the greater Carlsbad community. Former Mayor Bud Lewis often said that "At La Posada the men receive a hand up, not a handout". Tom Maddox, Pretidertt', Coleen Lassegard Coffey, Vice>Pre4id&v\£, Laura Scarpelli, Treasurer; Lois Green, Correfyonding'Secretcu'y; Margie Monroy, Kecordin^-Secfetcuy, Michael O'Gara, lofojcuia/ LLctiton/; Socorro Anderson, Stephanie Cannon, Kay Christensen, Eileen Ciganko, Judy de Gruy, Tricia Haarer, Shirley Metzger, Ursula Monaco-Sweeney, Marsha Solomon, Marilyn Van Wassenhove, Kathleen Dunn Wellman This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 17th, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 19th, of SepJ^fiBSr, 2011 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE IS HEREBY GIV- EN to you, because your interest may be affected, that the City Coun- cil of the City of Carlsbad will hold a public hearing at the Council Cham- bers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 27, 2011, to consider approval of a Conditional Use Permit No. CUP 10-08 to allow for the demolition of an existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility on prop- erty generally located at 2478 Impala Drive in Local Facilities Management Zone 5 and more particularly de- scribed 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 Whereas, on August 3,2011 the City of Carlsbad Planning Commission voted 6-0-1 (Chairperson L'Heureux absent) to approve a Conditional Use Permit (CUP 10-08) and Habitat Management Plan Permit (HMP 11- 01) to allow for the demolition of the existing 50 bed temporary agricultur- al farm worker housing facility and allow for the construction and opera- tion of a new 120 bed temporary ag- ricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 23,2011. If you have any questions, please contact Dan Halverson in the Planning Divi- sion at 760-602-4631 or daniel.halversonBca rlsbadea.gov. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or pri- or to the public hearing. CASE FILE:CUP 10-08 CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD CITY OF CARLSBAD CITY COUNCIL net 2299450 09/17/2011 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 27, 2011, to consider approval of a Conditional Use Permit No. CUP 10-08 to allow for the demolition of an existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility on property generally located at 2478 Impala Drive in Local Facilities Management Zone 5 and more particularly 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 Whereas, on August 3, 2011 the City of Carlsbad Planning Commission voted 6-0-1 (Chairperson L'Heureux absent) to approve a Conditional Use Permit (CUP 10-08) and Habitat Management Plan Permit (HMP 11-01) to allow for the demolition of the existing 50 bed temporary agricultural farm worker housing facility and allow for the construction and operation of a new 120 bed temporary agricultural farm worker housing facility located at 2478 Impala Drive in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 23, 2011. If you have any questions, please contact Dan Halverson in the Planning Division at (760) 602-4631 or daniel.halverson@carlsbadca.gov. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE:CUP 10-08 CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD PUBLISH:September 17, 2011. CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE La Posada de Guadalupe de Carlsbad CUP 10-08 AH3AV-O9-008-1 uorpnnsuj.p a||]naj e\ za}|nsu<o ap suas ®091S ®A«3AV »ueqeb a| CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92O54 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 State of California Department of Fish and Game 3883 Ruffin Road San Diego, CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 laaj Aseg joj aa$ jaded ®091S s|aqei |aad Easy Peel® Labels I A m^m Bend along line to j T^\ AVER VCD 6240™! Use Avery® Template 5160®/8160™ ± Feed Paper expose Pop-up Edge™ ^ \^i •-•*» "*•*« ^ R I F III-IMPALA L L C R I F III-IMPALA L L C MYRON L L L C 11620 WILSHIRE BLVD 300 11601 WILSHIRE BLVD 650 2450 IMPALA DR LOS ANGELES, CA 90025-1769 LOS ANGELES, CA 90025-0379 CARLSBAD, CA 92010-7226 MISSETT J B B PROPERTIES L L C RUSSELL W & MARY GROSSE 2460 IMPALA DR 2470 IMPALA OR 5850 SUNNY CREEK RD CARLSBAD, CA 92010-7226 CARLSBAD, CA 92010-7226 CARLSBAD, CA 92010-7144 JAMES C BALDWIN CATHOLIC CHARITIES DIOCESE 0! MANDANA CAL CO 1558 NEPTUNE AVE 349 CEDAR ST PO BOX 18197 ENCINITAS, CA 92024-1435 SAN DIEGO, CA 92101-3112 IRVINE, CA 92623-8197 BECKMAN COULTER INC *** 10 Printed *** 4300 N HARBOR BLVD FULLERTON, CA 92835-1091 Etiquettes faciles a peler | . Repliez a la hachure afin de | www.avery.com j Utilisez legabarit AVERY® 5160®/8160MC } charalment reveler le rebord Pop-uPMC [ 1-800-GO-AVERY J