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Home My WebLink About2011-03-02; Planning Commission; ; CUP 98-18X2 - LA POSADA DE GUADALUPE DE CARLSBAD EXTENSIONTf City of Carlsbad Planning Department - A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: March 2, 2011 ItemNo. 0 Application complete date: July 01, 2010 Project Planner: Dan Halverson Project Engineer: Tecla Levi SUBJECT: CUP 98-18x2 -LA POSADA DE GUADALUPE DE CARLSBAD EXTENSION -Request for a retroactive ten (10) year extension of CUP 98- 18xl to allow the continued operation of an emergency homeless shelter located at 2480 Impala Drive in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning-Commission ADOPT Planning Commission Resolution No. 6764 APPROVING a retroactive ten (10) year extension of CUP 98-18xl based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive ten year extension of CUP 98-18x 1 will allow the continued operation of an emergency homeless shelter facility located at 2480 Impala Drive from February 11, 2011 through February 10, 2021. The CUP expired February 11, 2010. The applicant, Catholic Charities Diocese of San Diego filed for an extension in a timely manner, May 24, 2010, and is requesting the extension of CUP 98-18x2 to allow for the continued operation of the emergency homeless facility. III. PROJECT DESCRIPTION AND BACKGROUND On February 4, 2004 the Planning Commission approved CUP 98-18xl to permit the continued operation of an emergency homeless shelter for fifty (50) homeless migrant workers at 2480 Impala Drive. Condition No 4 of the approving CUP Resolution No. 5570 specifies that CUP 98- 18x 1 is granted for a period of 7 years but may be extended upon written application of the permittee (Catholic Charities). The applicant, Catholic Charities, is requesting a 10 year extension of CUP 98-18xl to allow the continued operation of an emergency homeless shelter facility for fifty (50) homeless migrant workers at this site. The shelter has been in operation under CUP approval (original CUP 91-10) since December 1991. That original CUP was subsequently extended, the first time in September 1994 (CUP 91- lOxl) and then again in August 1996 (CUP 91-10x2). Because the applicant missed the deadline to apply for a third extension, a new Conditional Use Permit was applied for (CUP 98-18) and approved by the Planning Commission on January 20, 1999. The application was granted for five (5) years. CUP 98-18x2-LA POSAD,8E GUADALUPE DE CARLSBAD - March 2, 2011 PAGE2 On January 7, 2004 the Planning Commission approved an extension (CUP 98-18xl) for five (5) additional years for the homeless shelter. On February 4, 2004 the Planning Commission approved a request from the applicant for an additional two years on the expiration so that the permit would coincide with the loan period from the State of California Department of Housing and Community Development. The permit extension was granted from January 21, 2004 to February 11, 2011. The applicant, Catholic Charities Diocese of San Diego filed for an extension in a timely manner, May 24, 2010, and is requesting the extension of CUP 98-18x2 to allow for the continued operation of the emergency homeless facility. The applicant also applied for a new Conditional Use Permit at the same time as the extension to build a new facility in the future on this same site. Because the new CUP, once approved, would void the CUP extension, staff delayed bringing the extension forward until necessary. The new CUP will be processed and will be seen by the Planning Commission in the near future. The facility works as 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, to be approved on an individual basis and at the discretion of the shelter staff. IV. ANALYSIS A. The temporary emergency homeless shelter for fifty (50) homeless migrant workers continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan -Planned Industrial & Open Space (PI/OS); 2. Title 21 of the Carlsbad Municipal Code -Industrial/ Q overlay (M-Q); 3. Mello II Segment of the Local Coastal Plan; 4. Palomar Airport Land Use Compatibility Plan; and 5. Local Facilities Management Plan for Zone 5 B. The adopted project findings for CUP 98-18xl, which are contained in Planning Commission Resolution No. 5570, still apply to this project (CUP 98-18x2). C. The adopted project conditions for CUP 98-1 Sx 1, which are contained in Planning Commission Resolution No. 5570, still apply to this project (CUP 98-18x2) with the exception of Condition No. 4 which is amended by Condition No. 4 in Planning Commission Resolution No. 6764 to retroactively extend CUP 98-18xl for 10 years from February 11, 2011 through February 10, 2021. D. No formal written complaints regarding CUP 98-18xl have been submitted to the City. E. Annual reviews have been conducted for CUP 98-18xl and the project is in compliance with all conditions of approval. CUP 98-18x2-LAPOSAD~E GUADALUPE DE CARLSBAD - March 2, 2011 PAGE3 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. 6764 2. Location Map 3. Disclosure Statement 4. 'Reduced Exhibit "A" of CUP 91-10, dated March 2, 2011 5. Planning Commission Resolution No. 5570, dated February 4, 2004. 6. Planning Commission Resolution No. 5510, dated January 7, 2004. 7. Planning Commission Resolution No. 4452, dated January 20, 1999. IMPALA DR 8 ---co co ____ --- SITE MAP SITE • N NOT TO SCALE La Posada de Guadalupe de Carlsbad CUP 98-18x2 DISCLOSURE STATEMENT P-1(A) '( Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note;: ... :--:· ._-.. ; :-, .. ,. :>-_ . . .· _ :,· _ . __ . . . _ __ _ ... _ _ _ _ _ ___ ... . . . . , ·P.ef!,i9n.i$: <;f~_f!F,1~~-, a~, "Any iriC;liviqµal,-Ji't'til, -yOiep~:1rth¢r$hipdo/nrventl!f<1is~$~Qciati9!1, $0Cia!-c;lµb, 'frat$rnal· orgariizatipg~: ¢drporation,: ·esta.te.;;. tru$t, ,:re.c:ef~er,. sy'ndicate,, ih this. arid gn'y::other: county;. -.d!y':?nd; c;ol)nty' city· municip~lit( :~l$ltj9t :Ot: .()t~er:; PO!itibaf~ubdivji;;ion or any-' cifti~r group :or COrj:1Qif!atJ9_□,· :?19tirig0,;1f a 1;1,nitt - Agents m_ay· -iigr:dhi'$'.c;toqQr,rient; how~v~r. • the legai' n~me. ?ind entity of the ·apptrcartt: and: pfopetty ¢itn~~ mustbe-'proviqec:j, b~low. ---· -· -· " -., • -• 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, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate pag-e may be attached if necessary.) Person Sister RayMonda DuVall Title Executive Director Address ----------- Corp/Part Catholic Charities Diocese of San Dieg Title _____________ _ Address 349 Cedar St, San Diego CA 92101 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) .Person __________ _ Corp/Part ___________ _ ·Title ___________ _ Title -------------- Address _________ _ Address ------------- Page 1 of 2 Revised 04/09 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 Profitrrrust________ Non Profit/Trust Catholic Charities Title ------------ Address ----------- Title Diocese of San Diego Address See Coporate Board of Directors attached 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes [iJ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Sister RayMonda DuVall, Executive Director· Sister RayMonda DuVall. Executive Director Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A} Page 2 of 2 Revised 04/09 CITY OF CARLSBAD PLANNING COMMISSION Cue Name:~{\. ~ OSA~ & ,£, CueNo.:Cv...£ Q$-lB X ~ I <2:t\-\0 ~No.: 1-JO'TE.!=> '1 ~'e-"Ol~-r."P ~ fliib¥I ~IL:l:IIW6, ,o e~ =,teuc-re.o o F A. c.. :1"-l~H~ I! o/W 1-0C:A,a.o. Pr'<n"'"-1 o,~ -, .. ...._-I'\ 'f U-."105<:APl"''a ~ !! 0/1.J 10 l!!E. 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RC q ,: I) I - 1:-)(.\':,"l'.\\..ll,, ,Of'O -D ~UltV-'1' 1!>"1' e,..e,, ~ WIT, 1-11-,z. CA.TUM ~1• o.<. (AC..1~'1'1!.D ~"'-O\J<. ) A1 'E>1'"'-18'8'!>. '?>C. 11'\""'\Jo. ORN!!. ~ClMPANY :::::-o-- -Q-........ \2-'-11.MAD1'1l:!-~ f>AEAt< 0 e,UF<-( ~• ~ PllJ 'JI/ Vi.' REe,<>,.R ~ O.C. ____ ,,. 1---..... ,st 2" ',/,!>. (\<!> .. ..:;;.~) w----_:_ ___ _, __ w-- 1,--~D/"4 1i12' ~-z·.\~~\- <:,R,O.,V'c.\... (I=\~ =J1 OF q/1,/) DR\VE:l,JA."t' '1'1'f"ICAL ~10~ CA.\.JT\O~ 1 -SflUGo l,ll.lC'E.IU>=t.l\..1D -tJTH--1'(\l~.S. C.ONTI<AC.i'OR W 'Fl•\...D '1i.RIP\' LDCATIO~ ffilOli' iO ~1-1 f CO -0!<01 u,..-re, ~Cfl'~\0\..1 Wl'l'I-< ~ DGs ,t 'E. DRM:.',/11:f O,._il>. A• \'"i!t 50~R. i 1-111~'\~0S"le. ~-0' NO":t ~•,t. ~,-',;',41~ )eR,',,,-.. n,:.~ ~t/:5-Z7.Jl!J2 GITT ~ lt'\"""'1' / El'.fOJaT [iiiffil[cj'j'.y OF .. CA~ L____jl__mj_Nt[lll11LI __ ~ FINE GRAllllC3 Pl.AN ~A POSADA GUAD ioE CARLSBAD AP'P'IIIOY[D: It[ CITY INIS,!11 lg:!i-@I ~IIIOJ[CT 1-27-1992 ~-# /-('.9e ,: 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. 5570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SEVEN- YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN EMERGENCY HOMELESS SHELTER ON PROPERTY LOCATED AT 2478 IMPALA DRIVE 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 applic;:i.tion 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 98-18, as provided by the conditions of approval of the previously approved CUP 98-18xl and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of February 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; and 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; and WHEREAS, on January 7, 2004, the Planning Commission approved CUP 98- 18xl, as described and conditioned in Planning Commission Resolution No. 5510. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Planning • Commission APPROVES the amended 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 98-18xl which are contained in Planning Commission Resolution No. 5510 apply to this extension and are incorporated by this reference. Conditions: 1. 2. 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 maintai.ned 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 98-18xl as stated in Planning Commission Resolution No. 5510 shall apply as conditions of approval for amended CUP 98-18xl and are incorporated by this reference, except Condition No. 4 is replaced by Condition No. 4 below. 3. 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 q.oes 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. PC RESO NO. 5570 -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 4. This Conditional Use Permit is granted for a period of seven (7) years from January 21, 2004 through February 11, 2011. 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 seven years upon written application of the pem1ittee 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. 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. 5570 -3- .... , 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of February 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. 5570 -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. 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''); ahd 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 Commission Resolution No. 4452 shall apply as conditions of approval for CUP 98-18xl and are incorporated by this reference, ex~ept 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 detennine if all conditions of this pem1it 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 5. 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 pennittee made no less than 90 days prior to the expiration date. The Planning Commissiori 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. 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 ABS;ENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAELJ.ZM~' Planning Director PC RESO NO. 5510 -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. 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 IMPALA 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, "Develop.er", 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 GUADALUPE DE CARLSBAD -CUP 98-18, based on the following findings and subject to the following conditions: Findings: 1. 2. 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. 3. 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. 4. 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. 5. The Planning Commission has reviewed each of the .exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 6. 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 1.4 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 permitted 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 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 showing 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- I 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 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 20th day of January, 1999 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Heineman, Commissioners Compas, L'Heureux, Nielsen, Savary, and Welshons Commissioner Noble .-::::: COURTNEY HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: M~LER Planning Director PC RESO NO. 4452 -5-