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HomeMy WebLinkAbout2004-02-04; Planning Commission; ; CUP 98-18X1 - LA POSADA DE GUADALUPE DE CARLSBAD-The City of Carlsbad Planning Departlnt A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: February 4, 2004 Item No.@ Application complete date: N/ A ProjectPlanner: VanLynch Project Engineer: Jeremy Riddle SUBJECT: CUP 98-18xl -LA POSADA DE GUADALUPE DE CARLSBAD -Request to reconsider the extension of CUP 98-18 from five years to seven years for a temporary homeless shelter located at 2478 Impala Drive in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5570 APPROVING a seven year extension of CUP 89-18xl based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This is a request by the applicant to reconsider only the timeframe for the extension of CUP 98- 1 Sx 1 from a five-year to a seven-year period to coincide with a State of California Housing and Community Development issued loan period. This will allow the continued operation of a temporary emergency homeless shelter facility located at 2478 Impala Drive to operate from January 21, 2004 through February 11, 2011. III. PROJECT DESCRIPTION AND BACKGROUND On January 7, 2004 the Planning Commission approved (6-1) CUP 98-18xl to permit the continued operation of a temporary emergency homeless shelter for 50 homeless migrant workers located at 2478 Impala Drive. Subsequent to the hearing of the extension, the applicant was contacted by the State Housing and Community Development office regarding the conditions of the loan being requested by the applicant. The State of California funds loans in an effort to provide emergency housing throughout the period of the loan and that use must be approved through the term of the loan. The language within the "regulatory agreement" regarding the required use is: "Required Use" a) During the term of this Agreement, Borrower agrees to use the Development as an emergency shelter/transitional housing for emergency housing for otherwise homeless persons and families. ) CUP 98-18Xl -LA PO,ADA DE GUADALUPE DE CARLSB. February 4, 2004 Pa e2 b) Borrower shall not charge rent to persons and families occupymg the Development. c) Borrower shall not conduct any activity at the Development that is incompatible with or interferes with either the approved use or the intent of the Program to provide emergency shelter/transitional housing." The term of the loan is seven years from the date of closing. Therefore, to prevent a potential default by Catholic Charities, if the CUP expires during the term of the loan, it is being recommended that the CUP term be seven (7) years to coincide with the term of the loan. IV. ANALYSIS A. The adopted project findings for CUP 98-18xl, which are contained in Planning Commission Resolution No. 5510 still apply to this project (CUP 98-18xl) and do not need to be modified as a result of the two additional years. B. The adopted project conditions for CUP 98-18xl, which are contained in Planning Commission Resolution No. 5510, 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. 5570 to extend CUP 98-18xl for 7 years from January 21, 2004 through February 11, 2011. February 11, 2011 coincides with the loan date. C. No formal written complaints regarding CUP 98-18xl have been submitted to the City. D. 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. 5570 2. Location Map 3. Planning Commission Resolution No. 5510, dated January 7, 2004 co SITE SAFETY CENTER LA POSADA DE GUADALUPE DE CARLSBAD CUP 98-18x1 ., 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. 5510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FNE- YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN EMERGENCY HOMELESS SHELTER ON PROPERTY LOCATED AT 2480 IMPALA DRNE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LA POSADA DE GUADALUPE DE CARLSBAD CASE NO.: CUP 98-18xl WHEREAS, Catholic Charities, a California Non-Profit Religious Corporation, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 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 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit "A" dated January 20, 1999, on file in the Carlsbad Planning Department LA POSADA DE GUADALUPE DE CARLSBAD -CUP 98-18xl, as provided by the conditions of approval of CUP 98-18 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January 2004, 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. 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 WHEREAS, on January 20, 1999, the Planning Commission approved CUP 98- 18 as described and conditioned in Planning Commission Resolution No. 4452. 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 LA POSADA DE GUADALUPE DE CARLSBAD - CUP 98-18xl based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 98-18 which are contained in Planning Commission Resolution No. 4452 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 98-18 as stated in Planning Commis~ion Resolution No. 4452 shall apply as conditions of approval for CUP 98-18xl 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. 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 for a period of five years from January 21, 2004 through January 20, 2009. This permit may be revoked at any time after a public PC RESO NO. 5510 -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 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. 5. 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. 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. PC RESO NO. 5510 -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 January 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, and Segall NOES: Commissioner Whitton ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director . PC RESO NO. 5510 -4-