HomeMy WebLinkAbout2008-09-03; Planning Commission; ; CUP 90-13X3 - CARLSBAD HIRING CENTERThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: September 3, 2008
Item No. G)
Application complete date: June 12, 2008
Project Planner: Dan Halverson
Project Engineer: Jeremy Riddle
SUBJECT: CUP 90-13x3 -CARLSBAD HIRING CENTER -Request for a retroactive
five-year extension of Conditional Use Permit (CUP 90-l 3x3) to allow the
continued operation of the Carlsbad Hiring Center on property generally located
on the west side of Orion Street between Faraday Avenue and El Camino Real in
Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6456
APPROVING a retroactive five year extension of CUP 90-13x3 based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five year extension of CUP 90-l 3x3 will allow the continued operation
of the Carlsbad Hiring Center on property generally located on the west side of Orion Street
between Faraday Avenue and El Camino Real for a five (5) year period from July 15, 2008
through July 15, 2013.
III. PROJECT DESCRIPTION AND BACKGROUND
On February 21, 1991, the Planning Commission approved CUP 90-13 for two years to allow a
Hiring Center that would provide a centralized location for those seeking temporary employment
in the City of Carlsbad. On March 2, 1994, the Planning Commission approved CUP 90-13x I to
allow the Carlsbad Hiring Center to continue operations for a five-year period through February
21, 1998. On July 16, 2003 the Planning Commission retroactively approved CUP 90-13x2 to
extend the operation of the Hiring Center from February 21, 1998 to July 15, 2008. The
applicant, the City of Carlsbad, applied for an extension of the CUP prior to the expiration date
of July 15, 2008. Staff has reviewed the project site and the files for the Hiring Center and has
determined that there are no issues and therefore is recommending approval of an additional five
year CUP extension.
IV. ANALYSIS
A. The Carlsbad Hiring Center continues to be consistent with all applicable plans, policies
and regulations described below:
1. Carlsbad General Plan;
CUP 90-13x3 -CARLSBAD HIRING CENTER
September 3, 2008
Page 2
2. Title 21 of the Carlsbad Municipal Code; and
3. Local Facilities Management Plan for Zone 5.
B. The adopted project findings for CUP 90-13x2 which are contained in Planning
Commission Resolution No. 3190 and referred to in Planning Commission Resolution
No. 5439 still apply to this project (CUP 90-13x3) with the exception of Finding No. 4 of
Planning Commission Resolution No. 3190 which is superseded by Finding No. 2 in
Planning Commission Resolution No. 6456.
C. The adopted project conditions for CUP 90-13x2, which are contained in Planning
Commission Resolution No. 5439 (CUP 90-13x2) still apply to this project (CUP 90-
13x3) with the exception of Condition No. 4 which is replaced by Condition No. 4 in
Planning Commission Resolution No. 6456 to extend CUP 90-13x3 for 5 years from July
15, 2008 through July 15, 2013.
D. No formal written complaints regarding CUP 90-13x2 have been submitted to the City.
E. Annual reviews have been conducted for CUP 90-13x2 and the project is in compliance
with all conditions of approval.
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 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
The Hiring Center was constructed in 1991 and has been in continuous operation for the past 17
years.
ATTACHMENTS:
1. Planning Commission Resolution No. 6456
2. Location Map
3. Hiring Center Summary Report
4. Planning Commission Resolution No. 5439, dated July 16, 2003
5. Planning Commission Resolution No. 3634, dated March 2, 1994
6. Planning Commission Resolution No. 3190, dated February 21, 1991
SITE MAP
• N
NOT TO SCALE
Carlsbad Hiring Center
CUP 90-13x3
Background:
CARLSBAD HIRING CENTER REPORT
SUMMARY
• Opened July 15, 1991
• Operating for almost 17 years
• Works with La Posada de Guadalupe (Catholic Charities)
Facts:
• A total of 1,407 placements made for 2007
• Average wage was $9.92 per hour
• Average number of placements made per month was 117
• Total number of placements made since 1991 is approximately 42,456
• More than 90% of placements are for 1 day jobs
Employers:
• 24 7 new employers registered
• Most new employers are homeowners looking for day-laborers
• Most come from Carlsbad but a some from surrounding communities
• Over the duration of the Hiring Center placements have been made in California
Counties and throughout the US
Employees:
• Most of the employees utilizing the Hiring Center services are from Mexico
(approx. 76%), a small percentage from other South American Countries (approx.
5%), and the rest were from the US (approx. 19%)
• Sixty-three percent (63%) of the workers registered at the Hiring Center own a
personal vehicle, 32% ride the bus or public transportation, and less then 5%
walk, bike, or car pool to the center.-
• During the reporting period 22% of the workers registered live in Carlsbad, 39%
Oceanside, 5% Encinitas, and 34% from other surrounding areas.
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PLANNING COMMISSION RESOLUTION NO. 5439
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETRO-
ACTNE EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CARLSBAD HIRING CENTER ON PROPERTY
GENERALLY LOCATED ON ORION STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: CARLSBAD HIRING CENTER
CASE NO.: CUP 90-13x2
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by County of San Diego, "Owner," described as
Portion of Lot B, Map 823, Rancho Agua Hedionda
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits "A" -"B" dated February 20, 1991, on file in the
Carlsbad Planning Department, CARLSBAD HIRING CENTER -CUP 90-13x2, as provided
by the conditions of approval of CUP 90-13xl and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of July, 2003, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension; and
WHEREAS, on March 2, 1994, the Planning Commission approved CUP 90-
13xl as described and conditioned in Planning Commission Resolution No. 3634.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CARLSBAD HIRING CENTER -CUP 90-13x2,
based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 90-13xl which are contained in Planning Commission
Resolution No. 3634 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented· and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 90-lJxl as stated
in Planning Commission Resolution No. 3634 shall apply as conditions of approval for
CUP 90-13x2 and are incorporated by this reference, except Condition No. 2 is replaced
by Condition No. 3 and 4 below.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. This Conditional Use Permit is granted retroactively for a period of five years and five
months from February 21, 1998 through July 16, 2003, and for a period of five years
from July 16, 2003 through July 15, 2008. 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 five years upon written application of the permittee made no less than 90
days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
PC RESO NO. 5439 -2-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these 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
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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of July, 2003 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Baker, Commissioners Montgomery, Segall, and
White
None
Commissioners Dominguez, Heineman, and Whitton
ABSTAIN: None
,-...,-,. ....... ,_,R, Chairperson
•I"1.L'-'~Nl PLANNING COMMISSION
ATTEST:
MICHAELJ.HOR
Planning Director
PC RESO NO. 5439 -3-
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PLANNING COMMISSION RESOLlITION NO. 3634
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUPORNrA, APPROVlNG AN
EXTENSION OF A CONDlTIONAL USE PERMIT TO ALLOW
THE HIRING CENTER ON PROPERTY GENERALLY LOCATED
EAST OF EL CAMINO REAL AND SOUTH OF FARADAY
AVENUE.
CASE NAME: ClTY OF CARLSBAD HIRING CENTER
CASE NO: CUP 90-13xl
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Com.mission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 2nd day of March, 1994, hold a duly noticed public hearing to
consider said application on property described as:
Portion of Lot B, Map 823, Rancho Agua Hedionda
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Com.mission
considered all factors relating to CUP 90-13xl.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Com.mission
of the City of Carlsbad as follows:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 90-13xl, based on the following findings and subject to
the following conditions:
1. The findings of Resolution 3190 approving CUP 90-13, are incorporated herein by
27 reference, and apply to the extension of CUP 90-13xl.
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2. Adequate onsite parking is provided within the western shoulder of the roadway
ensuring traffic safety since two way circulation is not obstructed and the roadway
is not heavily used by the surrounding governmental uses.
Conditions:
1. Conditions 1 through 4 and 6 imposed upon CUP 90-13 as stated in Planning
Commission Resolution 3190 shall apply as conditions of approval for CUP 90-
13xl except as amended by Condition 2 and 3 below. Condition No's. 5 and 7 of
Planning Commission Resolution No. 3190 are deleted.
2. This conditional use pennit is granted for a period of five years, from February 21,
1993 through February 21, 1998. This conditional use permit shall be reviewed
by the Planning Director on a yearly basis to detennine if all conditions of this
pennit have been met and that the use does not have a significant detrimental
impact on surrounding properties or the public health and welfare. If the Planning
Director determines that the use has such significant adverse impacts, the Planning
Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to mitigate the
significant adverse impacts. This permit may be revoked at any time after a public
hearing, if it is found that the use has a significant detrimental affect on
surrounding land uses and the public's health and welfare, or the conditions
imposed herein have not been met. This pennit may be extended for a reasonable
period of time not to exceed five years upon written application of the permittee
made no less than 90 days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no substantial adverse affect
on surrounding land uses or the public's health and welfare will result because of
the continuation of the permitted use. If a substantial adverse affect on
surrounding land uses or the public's health and welfare is found, the extension
shall be considered as an original application for a conditional use permit. There
is no limit to the number of extensions the Planning Commission may grant.
3. The 128 square foot table awning shall be painted and maintained to match the
existing trailer and shall be removed upon discontinuance of the use.
PC RESO NO. 3634
J.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March, 1994, by
the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble,
Welshans, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
PE~~
CARLSBAD PLANNING COMMISSION
ATTEST:
~
PLANNING DIRECTOR
PC RESO NO. 3634 -3-
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• •
PLANNING COMMISSION RESOLUI10N NO. 3120
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A HIRING CENTER ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF EL CAMINO REAL SOUTH OF FARADAY AVENUE.
CASE NAME: CITY OF CARLSBAD
CASE NO: CUP 90-13
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 20th day of February, 1991, hold a duly noticed public hearing
to consider said application on property described as:
Portion of Lot B, Map 823, Rancho Agua Hedionda
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP 90-13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 90-13, based on the following findings and subject to the
following conditions:
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Findings:
1.
2.
3.
4.
That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
the general plan because it promotes the health, safety, and welfare of the
community by addressing the problem of documented workers seeking employment
along streets and intersections in residential neighborhoods; and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed
use is to be located because existing surrounding uses are similar in use to the
proposed use;
That the site for the intended use is adequate in size and shape to accommodate
the use since its large triangular shape provides adequate frontage allowing safe
ingress and egress and adequate area for the proposed project with the majority
of parcel remaining undisturbed.
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
That the street system serving the proposed use is adequate to properly handle all
traffic generated. by the proposed use since the County owned and maintained road
providing access to the hiring center is minimally used, and the proposed use will
generate little additional traffic.
Conditions:
1.
2.
Approval is granted for CUP 90-13 for two (2) years, as shown on Exhibit(s) 11A'1
and 11B11, dated February 20, 1991, incorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
This conditional use permit is granted for a period of 2 years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. Staff will return to the Planning Commission in one year with a report
detailing these findings. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental affect on surrounding land uses and the public's health
PC RESO NO. 3190
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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 5 years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
3. 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.
4. "No Parking'' signs shall be installed per City standards along the east side of the
County access road between Faraday Avenue and El Camino Real.
5. A fifth parking space shall be added along the southern property line. The three
parking spaces closest to the trailer shall be designated for hiring center employee
parking only.
6. The site shall be maintained so that it is free of trash and debris prior to closing
each day.
7. "Hiring Center'' Kiosk plaques shall be provided on all Kiosk structures located
along El Camino Real and Palomar Airport Road concurrently with the opening of
the hiring center.
PC RESO NO. 3190 -3-
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•
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of February, 1991,
by the following vote, to wit:
ATTEST:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden, Erwin, Marcus & Hall.
NOES: None.
ABSENT: None.
ABSTAIN:
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
~
PLANNING DIRECTOR
PC RESO NO. 3190 -4-