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HomeMy WebLinkAbout1999-01-20; Planning Commission; ; CUP 98-18 - LA POSADA DE GUADALUPE DE CARLSBADI le City of Carlsbad Planning Departm.en, A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 20, 1999 Conditional Use Permit Item No. Application complete date: November 5, 1998 Project Planner: Van Lynch Project Engineer: Bob Wojcik SUBJECT: CUP 98-18 -LA POSADA DE GUADALUPE DE CARLSBAD -Request for a Conditional Use Permit to allow the continued operation of a temporary homeless shelter located at 2480 Impala Drive in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4452 APPROVING CUP 98-18 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This Conditional Use Permit will allow a five year extension for the continued operation of an emergency shelter facility located at 2480 Impala Drive. The applicant did not submit the request for extension in a timely manner and therefore a new Conditional Use Permit will be issued for the project. The original Conditional Use Permit (CUP 91-10x2) expired on September 5, 1998. III. PROJECT DESCRIPTION AND BACKGROUND On December 4, 1991, the Planning Commission approved CUP 91-10 to permit the operation of a temporary emergency shelter for 50 homeless migrant workers at 2480 Impala Drive. On September 7, 1994, the Planning Commission approved CUP 91-lOxl to extend the use permit for a two year period. On August 21, 1996, the Planning Commission approved CUP 91-10x2 to extend the use permit for an additional two year period. Condition No. 2 of the approving CUP Resolution No. 3972 specifies that CUP 91-10x2 is granted for a period of 2 years but may be extended upon written application of the permittee (Catholic Charities). Because the applicant missed the window for extending the use permit, a new Conditional Use Permit has been submitted for the continued use of the shelter. Now that Catholic Charities owns and has control of the property, staff is recommending that the Conditional Use Permit be approved for five years. .. '' CUP 98-18 -LA POSADA'E GUADALUPE DE CARLSBAD - January 20, 1999 Pa e2 The control of the property was an issue with previous Planning Commissioners. The previous two year terms were used because it was unknown what the property owner's plans were for the property. Now that Catholic Charities owns the property, they are beginning to make improvements, such as American Disabilities Act improvements in the form of ramps and concrete paths and rebuilding the shower rooms. The project has been conditioned to make improvements over the next five year period to pave parking area, address related drainage issues with the paving and to enclose the trash containers with a masonry enclosure per the City standard. The shelter consists of a dormitory, mess hall, resident manager's office and an office/classroom. The site provides ten parking spaces and a bicycle rack to serve the employees, residents, and visitors. The landscaping provided by the project softens the public and external views of the modular buildings. The surrounding properties are developed with industrial buildings and the City's fleet maintenance building is adjacent to the east. The project site is located within the Industrial (M- Q) zone which allows, by Conditional Use Permit, a variety of establishments involving the overnight stay of large assemblages of people including hospitals, treatment centers, and overnight campgrounds. The City has helped Catholic Charities with the purchase of the property by providing a loan with restrictions that Catholic Charities continue to operate the facility. If the use is discontinued, the loan must be repaid and if the property were to be sold, the City has the first right of refusal to purchase the property. If the City did not wish to purchase the property, the loan amount would be repaid by Catholic Charities after the sale of the property. The City has also provided Catholic Charities with a grant from Community Development Block Grant funds to operate, improve and purchase materials for the facility. IV. ANALYSIS A. The shelter continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Local Facilities Management Plan 5; and 3. Title 21 of the Carlsbad Municipal Code. B. The findings for the Conditional Use Permit can be made for the project since: the facility remains consistent with the General Plan Housing Element by providing affordable housing to a group with special needs, namely farm workers and homeless; and project site is adequate in size and shape to accommodate the existing use; the features necessary to adjust the use such as fences and landscaping have been provided CUP 98-18 -LA POSAD~E GUADALUPE DE CARLSBAD - January 20, 1999 Pae 3 C. D. E. V. and maintained; and the existing street system is adequate to accommodate the traffic generated by the site. The adopted project conditions for CUP 91-1 0x2, which are contained in Planning Commission Resolution No. 3972 still apply to this project (CUP 98-18) and have been incorporated into the new resolution of approval with the exception of; Condition No. 2 which is restated by Condition No. 5 in Planning Commission Resolution No. 4452 to approve CUP 98-18 for five (5) years; Condition No. 9 that states the dormitory shall comply with Title 24 (The Energy code) has been replaced with a more general condition (No. 2) which requires the developer to comply with all federal, state and local ordinances; and the deletion of condition number 12 of Planning Commission Resolution No. 3704 which states "Upon expiration or termination of this extension of the CUP, the property will be returned to its prior state, in accordance with the terms and conditions of the lease". Because Catholic Charities now owns the property, there is no longer a lease agreement. No formal written complaints regarding CUP 91-10x2 have been submitted to the City. Annual reviews have been conducted for CUP 91-10x2 and the project is in compliance with all conditions of approval. 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 significant effect on the environment. A notice of exemption shall be filed with the county clerk upon approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 4452 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 3972, dated August 21, 1996 4. Planning Commission Resolution No. 3704, dated September 7, 1994 5. Planning Commission Resolution No. 3326, dated December 4, 1991 VL:eh:mh .. -:~:::::~::{{{Jl{tl~ ~ SITE .. LLU .. ~:J.--------\ DR SAFETY CENTER LA POSADA DE GUADALUPE DE CARLSBAD CUP 98-18 t .. • • City of Carlsbad ■ 4 Fi ,i ,i i U· 1 •l§ •ki ii; ,i§ ,i I DISCLOSURE STATEMENT 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, assodation, social club, fraternal organjzation, 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 combi~ation 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. APPLICANT (Not the applicant's agent) 2. 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, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVID{JALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) 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.) Catholic Charities A Community Service Person N / A Corp/PartMinistry of The Diocese of San Diego Title._____________ Title non-profit Address. ___________ _ Address 349 Cedar St., San Diego, CA 92101 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons ha\Ting 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, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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.) Catholic Charities A Community Service Ministry of The Diocese of San Diego Corp/Part. ____________ _ NIA Person ___________ _ Title ____________ _ Title non-profit Address ___________ _ Address 349 Cedar St., San Diego, CA 92101 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 3. NON-PROFIT 0.ANIZATION 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 see attached Non Profit/Trust ----------- Title ____________ _ Title ---------------- Address ------------Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0Yes Q 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. '(J4~A/~ Signature of owner/date Catholic Charities A Community Service Ministry of The Diocese .of San Diego Print or type name of owner Signature of owner/applicant's agent if applicable/date )(j~~~~ Signature of applicant/date Catholic• Charities A Community Service Ministry of The Diocese of San Diego Print or type name of applicant Sister RayMonda DuVall, Executive Director Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Robert H. Baker Bob Baker Enterprises, Inc. 591 Camino de la Reina, Suite 1100 San Diego, CA 92108 B/297-1001 Fax/299-1049 John T. Blankinship, Jr. Blankinship & Foster 2775 Via de la Valle, 201 Del Mar, CA 92014 B/755-5166 Fax/755-5358 Chairman: Most Rev. Robert Brom Diocese of San Diego Post Office Box 85728 San Diego, CA 92186-5728 B/490-8200 Fax/490-8272 Trina Brown Grossmont Bank 4320 La Jolla Village Dr., Ste 330 San Diego, CA 92122 B/623-3125 Fax/336-4286 Paul Desrochers City of National City Dept of Community Development 140 East Ith Street, Suite B National City, CA 91950 B/336-4250 Fax/336-4286 Secretary-Treasurer: Rev. Msgr. Daniel Di11abough University of San Diego 5998 Alcala Park San Diego, CA 92110 B/260-2247 Fax/260-2262 o~:~ A COMMUNITY SERVICE MINISTRY Diocese of San Diego • ~HOUC CHARITIES CORPORATE BOARD 1998-1999 President: Sister Ray Monda Du Vall Catholic Charities 349 Cedar Street San Diego, CA 92101-3197 B/231-2828 Fax/234-2272 Augustine P. Gallego San Diego Community College District 3375 Camino del Rio South San Diego, CA 92108 B/584-6957 Fax/584-6541 J. David Gardner Highland Partnership, Inc. 1750 Sixth Avenue San Diego, CA 92101 B/234-2900 Fax/234-2970 Maurice Gray Lindbergh Parking, Inc. 3665 No. Harbor Drive, Suite 200 San Diego, CA 92101 B/291-1508 Fax/291-0083 Ruth Hatcher Family Courts Services/Superior Court 1501 Sixth Avenue San Diego, CA 92101 B/557-2106 Fax/557-2199 Dr. Alice B. Hayes University of San Diego 5998 Alcala Park San Diego, CA 92110-2492 B/260-4520 Fax/260-6833 Robert A. Hoehn Hoehn Motors Administration Post Office Box 789 Carlsbad, CA 92008-0789 B/760-438-1818 Fax/760-438-0317 Niaz Mohamed Salico, Incorporated Post Office Box 1531 Brawley, CA 92227-1531 B/760-344-5370 Fax/760-344-9350 Elizabeth Moore-Stump Port District 3165 Pacific Highway San Diego, CA 92101 B/686-6422 Fax1686-6565 Laurence E. Mullen The Mullen Group 1850 Fifth Avenue San Diego, CA 92101 B/459-9741 Fax/459,-9742 Margaret Anne Payne Higgs, Fletcher & Mack 401 West "A" Street, Suite 2000 San Diego, CA 92101 B/236-1551 Fax/696-1410 Mike Reidy Nex'Us Properties, Inc. 4350 La JoJla Village Dr, Ste 930 San Diego, CA 92122-5921 B/587-2100 Fax/587-9796 Suzanne Strassburger Downtown Business Association 119 North Broadway Escondido, CA 92025 B/745-8877 Fax/745-0307 349 Cedar Street, San Diego, California 92101-3197 • Tel. (619) 231-2828 • Fax (619) 234-2272 Member Agency of United Way • Member Agency of Catholic Charities USA 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 PLANNING COMMISSION RESOLUTION NO. 3972 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A TEMPORARY HOMELESS SHELTER ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ORION WAY AND IMPALA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD CASE NO: CUP 91-10x2 WHEREAS, Catholic Charities has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit "A", dated December 4, 1991, on file in the Planning Department (CUP 91-10:x2) and as provided by the conditions of approval of CUP 91-10, and Chapter 21.54 of the Carlsbad Municipal C-0de; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 21st day of August, 1996, hold a duly noticed public hearing to consider said application on property described as: Parcel 2 of Map No. 15247 in the City of Carlsbad, County of San Diego, State of California. 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 91-10:x2. 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. 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 B) • That based on the evidence presented at the public hearing, the Commission APPROVES the one year extension of Conditional Use Permit, CUP 91-10 (CUP 91-10x2), based on the following findings and subject to the following conditions: Findings: I. 2. 3. 4. 5. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301of the State CEQA Guidelines and will not have any adverse significant impacts on the environment. 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, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the temporary homeless shelter provides a necessary service to homeless males seeking to reenter the job and housing market. That the site for the intended use is adequate in size and shape to accommodate the use, in that the shelter and all ancillary improvements continue to fit on the site. That all 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, in that the existing landscaping and walls, along with topographic characteristics, adjust the shelter to its industrial and residential surroundings. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Impala Drive is an industrial street with a capacity of 10,000 daily trips and only some of the surrounding properties are developed. Conditions: I. 2. The Planning Commission does hereby approve the Conditional Use Permit extension for the temporary homeless shelter project entitled "La Posada de Guadalupe de Carlsbad". (Exhibit "A", on file in the Planning Department and incorporated by this reference, dated December 4, 1991), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Conditional Use Permit Extension Documents, as necessary to make them internally consistent and conform to Planning Commission's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. This Conditional Use Permit is extended for a period of two (2) year from the date of expiration with a new expiration date of September 5, 1998 . This Conditional Use PC RESO NO. 3972 -2- 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 3. 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 prope~ies or the public health i;md 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. 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 one (1) year upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission niay 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. All other conditions of approval contained in Planning Commission Resolution No. 3704, shall remain in full force and effect as conditions of approval for CUP 91-10x2 except as modified, by condition No. 2 above. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of August, 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None WILLIAM COMP AS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~v~~ MICHAELJ.HOLZMlLER Planning Director PC RESO NO. 3972 -3- 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 .e PLANNING COMMISSION RESOLUTION NO. 3704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW THE OPERATION OF A TEMPORARY EMERGENCY SHELTER FOR 50 HOMELESS MALES ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF IMPALA DRIVE BETWEEN PALMER WAY AND ORION WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA GUADALUPE DE CARLSBAD CASE NO: CUP 91-l0xl WHEREAS, a verified application has been filed with the City of Carlsbad and ref erred to the Planning Commission; and WHEREAS, said verified application constitutes a request for extension of CUP 91-10 as provided by that CUP and the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 7th day of September, 1994, hold a duly noticed public hearing to consider said application on property described as: Parcel 2 of Map No. 15247 in the City of Carlsbad, County of San Diego, State of California. 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 91-1 Ox 1. 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 Planning Commission APPROVES the extension of CUP 91-10 (CUP 91-lOxl), based on the following findings and subject to the following conditions: l 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 Findin&s: 1. 2. 3. 4. That the requested use continues to be necessary or desirable for the development of the community and is essentially in harmony with the various elements and objectives of the general plan, since it supplies a needed housing supply, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, as demonstrated through its compatibility during the last two years. That the site for the intended use remains adequate in size and shape to accommodate the use because all required and desired facilities and landscaping still fit within the project boundary. That all of the yards, setbacks, walls, fences, l~dscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood have been provided and maintained, as demonstrated by the large structural setback from the top of slope and the increasingly dense landscaping along Impala Drive. That the street system serving the proposed use is still adequate to properly handle all traffic generated by the proposed use since Impala Drive remains an industrial street with a capacity of 10,000 average daily trips. Conditions: 1. 2. 3. 4. Approval is granted for CUP 91-lOxl, for an emergency shelter for up to 50 homeless males for a maximlllll of 60 days per individual, as shown on Exhibit "A", dated December 4, 1991, incorpor~ted by reference and on file in the Planning Department. Development shall remain substantially as approved unless otherwise noted in these conditions. Approval of CUP 91-lOxl, Planning Co111111ission Resolution 3704, supersedes CUP 91-10, Planning Co111111ission Resolution 3326, dated December 4, 1991 and on file in the Planning Departlllent. The approved continued use is subject to all of the following conditions. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. The Term of this extended conditional use permit approved is for two (2) years, from September 7, 1994 to September 6, 1996. 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. 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 PC RESO NO. 3704 -2- l. 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 5. 6. 7. 8. 9. 10. 12. 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 permit may be extended for a reasonable period of time not to exceed one (1) year 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. Trash receptacle areas shall remain enclosed by a six-foot high solid barrier with gates. 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. • No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall at a m1mmum 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. Building identification and/ or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/ or addresses shall contrast to their background color. Notices shall remain posted on the site, in English and Spanish, asking residents to travel on public streets to and from the shelter. The dormitory shall continue to meet the requirements of Title 24. Upon expiration or earlier termination of this extension of the CUP, the property will be returned to its prior state, in accordance with the terms and conditions of the lease. PC RESO NO. 3704 -3- 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 the 7th day of September, 1994, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Savary; Commissioners Welshons, Erwin, Compas, Monroy and Nielsen. None .. Commissioner Noble. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: ~L~'P2• PLANNING DIRECTOR PC RESO NO. 3704 -4- 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 PLANNING COMMISSION RESOLUTION NO. 3326 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TEMPORARY EMERGENCY SHELTER FOR 50 MIGRANT WORKERS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF IMPALA DRIVE BETWEEN PALMER WAY AND ORION WAY. CASE NAME: LA POSADA GUADALUPE DE CARLSBAD CASE NO: CUP 91-10 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 4th day of December, 1991, hold a duly noticed public hearing to consider said application on property described as: Parcel 2 of Map No. 1524 7 in the City of Carlsbad, County of San Diego, State of California 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 91-10. 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 91-10, based on the following findings and subject to the following conditions: J. 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 Findings: 1. 2. 3. 4. That the requested use is necessary or desirable for the development of the community since it supplies a needed housing supply, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; That the site for the intended use is adequate in size and shape. to accommodate the use because all required and desired facilities and landscaping fit within the project boundary; 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, as demonstrated in the large structural setback from the top of slope and the landscaping along Impala Drive; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use since Impala Drive is an industrial street with a capacity of 10,000 average daily trips. Conditions: 1. 2. 3. 4. Approval is granted for CUP 91-10, as shown on Exhibits "A"-"C', for an emergency shelter for up to 50 migrant workers for a maximum of 60 days per individual, dated December 4, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The site plan copy shall be submitted to the City Engineer prior to issuance of haul permits or grading plan submittal, whichever occurs first. This project is approved upon the express condition that haul permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. PC RESO NO. 3326 -2- l 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 5. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at tim~ Jf building permit issuance. 6. This conditional use permit is granted for a period of two (2) years from the date of certificate of occupancy. This conditional use permit shall be reviewed by the Planning Director on a semi-annual basis to determine if all conditions of this pepnit 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 t;he 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 permit may be extended for a reasonable period of time not to exceed one (1) year 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 ori 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. 7. Trash receptacle areas shall be enclosed by a six-foot high solid wall with gates. 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. 8. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be suqmitted for approval by the Fire Chief and the Planning Director. 9. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 10. 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. 11. Building identification and/ or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/ or addresses shall contrast to their background color. PC RESO NO. 3326 -3- l 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 12. Notices shall be posted on the site, in English and in Spanish, asking residents to travel on public streets to and from the shelter. Engineering Conditions: 13. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. , 14. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 15. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met and all applicable fees paid. 16. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 17. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. 18. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. 19. This project is approved specifically allowing site drainage to flow out the proposed driveway onto Impala Drive. 20. The water meter for the project shall be installed outside of the proposed driveway. 21. The sewer cleanout shall be fitted with a traffic lid. 22. The proposed onsite driveway and parking lot shall be constructed with decomposed granite to the satisfaction of the City Engineer. PC RESO NO. 3326 -4- ~ • . .. 't ~ ~ 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 ,' -• 23. Concurrent with the submittal of the building plans for the project the developer shall also provide a "fine" grading plan for review. The "fine" grading plan shall be reviewed as a part of the building plans, no additional plancheck fees are required and no grading permit will be required. Fire Conditions: 24. Prjor to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 25. Applicant shall submit a site plan to the Fire Department for approval of access, driveways and general traffic circulation. 26. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 27. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. 28. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane" pursuant to Section 17 .04.020, Carlsbad Municipal Code. 29. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 30. The dormitory shall meet the requirements of Title 24. PC RESO NO. 3326 -5- . . l 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 the 4th day of December, 1991, by the following vote, to wit: AYES: I NOES: ABSENT: ABSTAIN: PC RESO NO. 3326 Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble & Hall. None. -6-