HomeMy WebLinkAbout2004-01-07; Planning Commission; ; CUP 98-18X1- LA POSADA DE GUADALUPE DE CARLSBAD~he City of Carlsbad Planning Departmel
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. G)
P.C. AGENDA OF: January 7, 2004
Application complete date: October 8, 2003
Project Planner: Van Lynch
Project Engineer: Jeremy Riddle
SUBJECT: CUP 98-18xl -LA POSADA DE GUADALUPE DE CARLSBAD -Request
for an extension of CUP 98-18 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 Plaiming Commission ADOPT Planning Commission Resolution No. 5510
APPROVING a five-year extension of CUP 89-18 based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed five-year extension of CUP 98-18 will allow the continued operation of a
temporary emergency homeless shelter facility located at 2480 Impala Drive from January 21,
2004 through January 21, 2009.
III. PROJECT DESCRIPTION AND BACKGROUND
On January 20, 1999 the Planning Commission approved CUP 98-18 to permit the continued
operation of a temporary emergency homeless shelter for 50 homeless migrant workers located
at 2480 Impala Drive. Condition No. 4 of the approving CUP Resolution No. 4452 specifies that
CUP 98-18 is granted for a period of five years but may be extended upon written application of
the permittee (Catholic Charities). The applicant, Catholic Charities, is requesting a five-year
extension of CUP 98-18 to allow the continued operation of a temporary emergency homeless
shelter for 50 homeless migrant workers at this site.
The shelter has been in operation under CUP (CUP 91-10) approval since December 4, 1991.
That CUP was not extended in a timely manner and a new CUP application was required. The
previous CUPs were for two-year increments. The current CUP (CUP 98-18) was for five years
since Catholic Charities have ownership and control of the property. 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 City has helped Catholic Charities with the purchase of the property by providing a loan
with restrictions that Catholic Charities continues to operate the facility. The City has also
CUP 98-18Xl -LA Pos.!A DE GUADALUPE DE CARLSB,
January 7, 2004
Pa e2
provided a grant from the Community Development Block Grant funds to operate, improve and
purchase materials for the facility.
Presently the shelter has funding from the California Department of Housing and Community
Development for improvements which include installing drains on perimeter buildings to keep
water away from foundation systems, replacing existing foundation systems in dormitory and
kitchen/dining room buildings with permanent foundation systems, and putting a new roof on the
dormitory building. The shelter has also recently completed brush clearing/thinning for fire
suppress10n.
Catholic Charities has operated under the conditions of approval for the project. Specifically
they have paved the driveway and parking area, provided the masonry trash enclosure, and
recorded the Notice of Restriction as conditioned. The City has not received any complaints
against the use or impacts related to the use.
Staff is also modifying a previous condition, as requested by the Planning Commission, to allow
the shelter staff to approve thirty (30) day extensions at their discretion. The shelter staff grants
extensions if a resident needs additional time to save a little more money or is waiting for
housing to become available and are granted on an individual basis.
IV. ANALYSIS
A. The temporary emergency homeless shelter for 50 homeless migrant workers continues
to be consistent with all applicable plans, policies and regulations described below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan 5;
3. Palomar Airport CLUP; and
4. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP 98-18, which are contained m Planning
Commission Resolution No. 4452 still apply to this project (CUP 98-18xl).
C. The adopted project conditions for CUP 98-18, which are contained in Planning
Commission Resolution No. 4452, still apply to this project (CUP 98-18xl) with the
exception of Condition No. 4 which is amended by Condition No. 4 in Planning
Commission Resolution No. 5510 to extend CUP 98-18 for 5 years from January 21,
2004 through January 20, 2009. Condition number 7 of Planning Commission
Resolution No. 4452 is amended as follows to incorporate changes made by the previous
approval but not reflected within the conditions of approval: "Approval is granted for
CUP 98-18 for an emergency shelter for up to fifty (50) homeless males for a maximum
stay of sixty ( 60) days per individual, with one thirty (30) day extension, approved on
an individual basis and at the discretion of the shelter staff."
D. No formal written complaints regarding CUP 98-18 have been submitted to the City.
CUP 98-18Xl -LA Pas.IA DE GUADALUPE DE CARLSB,
January 7, 2004
Pae 3
E. Annual reviews have been conducted for CUP 98-18 and the project is in compliance
with all conditions of approval.
F. The extended CUP is exempted from environmental review per Section 15301, Existing
Facilities, of CEQA.
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.
ATTACHMENTS:
1. Planning Commission Resolution No. 5510
2. Location Map
3. Disclosure Statement
3. Planning Commission Resolution No. 4452, dated January 20, 1999
VL:bd:mh
-·
SffE
SAFETY
CENTER
LA POSADA DE GUADALUPE
DE CARLSBAD
CUP 98-18x1
·catholic Charities
SEP 2 4 2003
RECE\VED~~ City of Carlsbad
I :;.e, ,I ,I 111• I ·l§•EI a,, ,t§lii
. 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, 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 . 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,
title, 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.)
PersonCatholic Charities, Diocese Corp/Part
of San Diego -------------
Title_____________ Title ____ ___;_ _________ _
Address 349 Cedar Street Address -------------
San Diego, CA 92101
2. 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 ~he 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 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEAS_E 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 SAME Corp/Part -------------
Title Tit I e ----------------------------
1!335 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ •
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 Sister RayMonda DuVall
Title Executive Director
Address 349 Cedar Street
San Diego, CA 92101
Non Profit/Trust ----------
Tit I e ---------,--------
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?
D Yes Q9 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.
Catholic Charities, Diocese of San Diego
Signature of owner/date
Catholic Charities,
Diocese of San Diego
Print or type name of owner
SAME
Signature of applicant/date
SAME
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
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. 4452
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A TEMPORARY
HOMELESS SHELTER ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF ORION
WAY AND IMP ALA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: LA POSADA DE GUADALUPE DE
CARLSBAD
CASE NO.: CUP 98-18
WHEREAS, Catholic Charities, a California Non-Profit Religious
Corporation, "Developer", has filed a verified application with the City of Carlsbad regarding
property owned by Catholic Charities, a California Non-Profit Religious Corporation,
. "Owner", 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 County, May 25, 1988 as file
No. 88-247094 of Official Records
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit "A" dated January 20, 1999, on file in the Carlsbad Planning
Department, LA POSADA DE GUADALUPE DE CARLSBAD, CUP 98-18, as provided by
Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of January, 1999,
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.
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
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 LA POSADA DE GUAD~UPE DE CARLSBAD -CUP 98-18,
based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
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 the
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 the traffic generated by the use is less than that
generated by an industrial activity in the same building and that the site's frontage
improvements (curbs, and gutters), adjacent public roadways, and the intersections
near the project site have all been sized and constructed to meet the land use
demand.
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 mitigat_e 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.
That the Planning Director has determined that the 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.
PC RESO NO. 4452 -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
Conditions:
1.
2.
3.
4.
5.
6.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold 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
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 non-
discretionary, in connection with the use contemplated herein, and ( c)
Developer/Operator's installation and operation of the facility p~Qnitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
This Conditional Use Permit is granted for a period of five (5) 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 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. 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 (5)
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.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
Within 30 days of the approval of the Conditional Use Permit, Developer shall submit
to the City a Notice of Restriction to be filed in the office of the County Recorder, subject
to the satisfaction of the Planning Director, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Conditional Use Permit by-Resolution
PC RESO NO. 4452 -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
7.
8.
9.
•
No. 4452 the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file 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 showi!]-g of
good cause by the Developer or successor in interest.
Approval is granted for CUP 98-18 for an emergency shelter for up to fifty (50)
homeless males for a maximum stay of sixty (60) days per individual.
Notices shall remain posted on the site, in English and Spanish, asking residents to
travel on public streets to and from the shelter.
Prior to the next extension of the conditional use permit, the developer shall pave
the remainder of the parking area, and make related drainage improvements to the
satisfaction of the city engineer, and the trash receptacle area shall be enclosed by a
six-foot high masonry wall with gates pursuant to City standards.
General
10. If any of the foregoing 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.
Code Reminders
12.
13.
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
permit issuance, except as otherwise specifically provided herein.
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
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."
PC RESO NO. 4452 -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
•
You have 90 days from January 20, 1999 to protest imposition of these fees/exactions. if you
protest them, you must follow th~ 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 yom:. right to protest the specified fees/ exactions
DOES NOT APPLY to water arid 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 20th day of January, 1999 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Heineman, Commissioners Comp as, L 'Heureux,
Nielsen, Savary, and Welshans
Commissioner Noble
.--:::
COURTNEY HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
M1CHAELJ.LZLER
Planning Director
PC RESO NO. 4452 -5-
• •
January 6, 2004
TO:
FROM:
RE:
PLANNING COMMISSION
SENIOR PLANNER -V. LYNCH
ERRATA SHEET FOR CUP 98-18X1 -LA POSADA DE
GUADALUPE DE CARLSBAD
Revise Planning Commission Resolution Number 5510, to modify Condition
Number 2 as follows:
"All conditions of approval imposed upon Conditional Use Permit CUP 98-18 as
stated in Planning Commission Resolution No. 4452 shall apply as conditions of
approval for CUP 98-18x1 and are incorporated by this reference, except
Conditions No. 6 and 9 which have been satisfied, Condition No. 4 is replaced by
Condition No. 4 below, and Condition No. 7 which is replaced by Condition No. 5
below".
Revise Planning Commission Resolution Number 5510, to add new Condition
Number 5 as follows:
"Approval is granted for CUP 98-18 for an emergency shelter for up to fifty (50)
homeless males for a maximum stay of sixty (60) days per individual,. with one
thirty (30) day extension, approved on an individual basis and at the discretion of
the shelter staff."
VAN LYNCH
VL:mh