HomeMy WebLinkAbout2017-09-26; City Council; Resolution 2017-192RESOLUTION NO. 2017-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, MODIFYING THE DECISION OF THE PLANNING COMMISSION
TO APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 04-
02AX1 TO ALLOW Kl SPEED INDOOR KART RACING TO OPERATE A
RESTAURANT AT THEIR FACILITY LOCATED AT 6212 CORTE DEL ABETO IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
CASE NO.:
Kl SPEED INDOOR KART RACING
AMEND 2017-0002{DEV04-003)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on May 3, 2017, hold a duly noticed
public hearing as prescribed by law to consider Conditional Use Permit Amendment AMEND 2017-
0002, as referenced in Planning Commission Resolution No. 7240 approving the project; and
WHEREAS, the Planning Commission voted 5-2 (Black, Goyarts, Rodman, Segall and Siekmann
voting yes, and Anderson and Montgomery voting no); and
WHEREAS, on May 15, 2017, the appellants Erica Leary and Judi Strang, timely filed an appeal
with the city as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing on July 25
and August 22, 2017, to consider the appeal of the Planning Commission's decision to approve said
Conditional Use Permit Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said City Council considered all factors relating to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the appeal of the Planning Commission's decision is denied with respect to the
requested restaurant, but upheld with respect to the service of beer and wine, and that
AMEND 2017-0002 is approved, as modified to allow a restaurant without beer and wine
service, subject to the findings and the conditions of the City Council contained herein.
3.That this action is final the date this resolution is adopted by the City Council. The
provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply.
September 26, 2017 Item #5 Page 3 of 7
Findings:
1. That the request to remove condition 15 of Planning Commission Resolution No. 5626 to allow
on-site sale and service of beer and wine is not necessary or desirable for the development of
the community, and is not in harmony with the various elements and objectives of the general
plan, including, if applicable, the certified local coastal program, specific plan or master plan, in
that combining youth, adults, kart racing and alcohol consumption in one use facility is not
appropriate and would set up a perceived association between drinking and driving.
2. That the requested restaurant use without on-site sale and service of beer and wine is necessary
or desirable for the development of the community, and is in harmony with the various
elements and objectives of the general plan, including, if applicable, the certified local coastal
program, specific plan or master plan, in that recreation uses are encouraged by the General
Plan Land Use Element and permitted by a Conditional Use Permit in the P-M zone. The
proposed restaurant use is also permitted by a Minor Conditional Use Permit. The restaurant
use will act more like an accessory use to the indoor kart racing facility as people purchase food
and non-alcoholic beverages while they are already at the facility and the restaurant will not be
advertised from the outside. The city's General Plan recognizes the need for recreational uses
and the proposed restaurant use is consistent with the General Plan (Refer to Section "A")
regarding the availability of recreation facility uses for residents of Carlsbad. Further, the
project site is located entirely out of the noise exposure range (less than 60 db CNEL) and safety
zone six and the use is a compatible use as identified in the McClellan-Palomar Airport Land Use
Compatibility Plan.
3. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the indoor racing track and proposed
restaurant without on-site sale and service of beer and wine are compatible with the existing
surrounding office/industrial uses and within the P-M zone. The project has been designed to
accommodate all required parking on-site and provides for adequate traffic circulation.
4. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood,
in that the indoor racing track and proposed restaurant without on-site sale and service of beer
and wine will occupy an existing industrial building with existing onsite landscaping with only
minor interior tenant improvements proposed. The proposed tenant improvements are in
compliance with Fire Code regulations for public assembly use. Furthermore, the project
complies with all of the required development standards of the P-M Zone.
5. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Corte Del Abete, an
industrial street, and is currently operating at an acceptable level of service. The 393 average
daily trips (ADTs) generated by the indoor kart racing facility does not change with the addition
of a restaurant because the restaurant will function as an accessory use as food and non-
alcoholic beverages will be purchased by patrons of the indoor kart racing facility. The 393 ADTs
associated with the indoor kart racing facility can be accommodated by the existing street
system.
September 26, 2017 Item #5 Page 4 of 7
6. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 {Existing Facilities) of
the state CEQA Guidelines because it involves the addition of a restaurant within an existing
building. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance.
1. 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; record a notice of violation on the property title; 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 Amendment.
2. Prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the City Planner, reviewed and,
if found acceptable, signed by the city's project planner and project engineer. If no changes
were required, the approved exhibits shall fulfill this condition.
3. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
4. AMEND 2017-0002 shall be reviewed by the City Planner annually 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, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
September 26, 2017 Item #5 Page 5 of 7
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.
5. This Conditional Use Permit is granted without an expiration date. 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.
6. All conditions of approval imposed upon Conditional Use Permit CUP 04-02 as stated in Planning
Commission Resolution Nos. 5626 and 5871 shall apply as conditions of approval for AMEND
2017-0002 and are incorporated by this reference, except as modified herein, and specifically
including Condition No. 15 of Resolution No. 5626 that prohibits alcohol sales or catering of
alcohol on site.
7. Prior to the issuance of building permits, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment by City Council Resolution No. on the property.
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 City Planner 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.
8. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
9. 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 City Planner prior to
installation of such signs.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
September 26, 2017 Item #5 Page 6 of 7
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
M. Hall.
None.
(SEAL)
September 26, 2017 Item #5 Page 7 of 7