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HomeMy WebLinkAbout1995-06-21; Planning Commission; Resolution 3710@ 0 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 1 PLANNING COMMISSION RESOLUTION NO. 3710 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF THE CARLSBAD RACEWAY ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN EL FUERTE STREET AND BUSINESS PARK DRIVE. CASE NAME: CARLSBAD RACEWAY CASE NO: CUP 94-12 WHEREAS, a verified application has been filed with the City of Carlsba and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditiona Use Permit as provided by the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin; Commission did, on the 3rd day of May, 1995, and on the 21st day of June, 1995, hold i duly noticed public hearing to consider said application on property described as: The southwest half of the northwest quarter and the southwest quarter of the northwest quarter, all in Section 18, Township 12 South, Range 3 West, San Bernardino Base Meridian, in the County of San Diego, State of California WHEREAS, at said public hearing, upon hearing and considering all testimon, and arguments, if any, of all persons desiring to be heard, said Commission considered a1 factors relating to CUP 94-12. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannini Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the CommissioI APPROVES CUP 94-12, based on the following findings and subject to the followinl I conditions: 1 .... I .. e 0 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 Findings: 1. The Planning Commission finds that there were Negative Declarations approved connection with the prior Conditional Use Permits (namely CUP 42(E), datc December 24,1973; CUP 42(G), dated June 23,1979; and CUB 42(J), dated June 1 P983), AND the project was within the scope of MEIR 93-01 AND there will be I additional significant effect, not analyzed therein, AND that no new or addition mitigation measures or alternatives are required; AND that therefore this Subseque Project is within the scope of the prior Negative Declarations, and no ne environmental document nor Public Resources Code 21081 findings are required 2. That the requested use is necessary or desirable for the development of tl community because it offers a unique recreational opportunity, is essentially harmony with the various elements and objectives of the general plan since contributes to the diversification of the economic base, and as conditioned w provide the dedication of a Circulation Element roadway, and is not detrimental existing uses or to uses specifically permitted in the zone in which the proposed u, is to be located, as it is surrounded by industrial uses; 3. That the site for the intended use is adequate in size and shape to accommodate tl use, as demonstrated by the continuing ability to contain all raceway operatio] within the site; 4. That all of the yards, setbacks, walls, fences, landscaping, and other featur, necessary to adjust the requested use to existing or permitted future uses in tl neighborhood will be provided and maintained, as indicated by the perimeter fencin location of raceways in the lower portion of the site, and dense landscaping adjace to the drag strip; 5. That the street system serving the proposed use is adequate to properly handle i traffic generated by the proposed use because Palomar Airport Road and Busine Park Drive have a capacity of over 20,000 average daily trips each. 6. The Planning Commission has reviewed each of the exactions imposed on tl Developer contained in this resolution, and hereby finds, in this case, that tl exactions are imposed to mitigate impacts caused by or reasonably related to tl project, and the extent and the degree of the exaction is in rough proportionality the impact caused by the project. Conditions: 1, The Planning Commission does hereby approve the Conditional Use Permit for tl raceway project entitled “Carlsbad Raceway”. (Exhibit “A attached hereto a] incorporated by this reference, dated May 3, 1995), subject to the conditions here set forth. Staff is authorized and directed to make or require the Developer to mal all corrections and modifications to the Conditional Use Permit Documents, necessary to make them internally consistent and conform to Planning CommissioI 1) PC RES0 NO. 3710 -2- // e 0 .. II 1 2 3 4 5 6 7 8 9 10 11 12 13 final action on the project. Development shall occur substantially as shown on t approved exhibits. Any proposed development substantially different from tl approval, shall require an amendment to this approval. 2. If any of the foregoing conditions fail to occur; or if they are, by their terms, to implemented and maintained over time; if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the rig to revoke or modify all approvals herein granted; deny or further condition issuan of all future building permits; deny, revoke or further condition all certificates occupancy issued under the authority of approvals herein granted; institute a prosecute litigation to compel their compliance with said conditions or seek damag interest by the City’s approval of this Resolution. I for their violation. No vested rights are gained by Developer or a successor I 3. The Developer shall comply with all applicable provisions of federal, state, and loc ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of tl Site Plan as approved by the final decision making body. The Site Plan shall refle the conditions of approval by the City. The Plan copy shall be submitted to the CI Engineer and approved prior to building, grading, final map, or improvement pl’ submittal, whichever occurs first. 14 5. Building permits will not be issued for development of the subject property unle 15 the District Engineer determines that sewer facilities are available at the time occupancy. 16 application for such sewer permits and will continue to be available until time 17 18 19 20 21 22 23 24 25 26 27 28 ~ ~ I ~ 6. The Developer shall pay the public facilities fee adopted by the City Council on JI 28, 1987 (amended July 2, 1991) and as amended from time to time, and a development fees established by the City Council pursuant to Chapter 21.90 of t Carlsbad Municipal Code or other ordinance adopted to implement a groQ management system or Facilities and Improvement Plan and to fulfill the subdivide. agreement to pay the public facilities fee dated October 19, 1994, a copy of which on file with the City Clerk and is incorporated by this reference. If the fees are n paid, this application will not be consistent with the General Plan and approval f this project will be void. 1 7. This project shall comply with all conditions and mitigation measures which a required as part of the Zone 18 Local Facilities Management Plan and a amendments made to that Plan prior to the issuance of building permits. 8. This Conditional Use Permit is granted for a period of five (5) years. TI Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba; to determine if all conditions of this permit have been met and that the use does n have a substantial negative effect on surrounding properties or the public health aj welfare. If the Planning Director determines that the use has such substant PC RES0 NO. 3710 -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 ~ I 0 0 negative effects, the Planning Director shall recommend that the Plannil Commission, after providing the permittee the opportunity to be heard, a< additional conditions to reduce or eliminate the substantial negative effects. ’Fh permit may be revoked at any time after a public hearing, if it is found that the u; has a substantial detrimental effect on surrounding land uses and the public’s heal and welfare, or the conditions imposed herein have not been met. This permit mi be extended for a reasonable period of time not to exceed five (5) years upon writtc application of the permittee made no less than 90 days prior to the expiration dat The Planning Commission may not grant such extension, unless it finds that there a no substantial negative effects on surrounding land uses or the public’s health a1 welfare. If a substantial negative effect on surrounding land uses or the public health and welfare is found, the extension shall be denied or granted with conditio which will eliminate or substantially reduce such effects. There is no limit to tl number of extensions the Planning Commission may grant. 9. The Developer shall report, in writing, to the Planning Director within 30 days, a1 address change from that which is shown on the conditional use permit applicatio: 10. Approval of CUP 94-12 supersedes CUP 42(J) and CUP 42(I). All conditio1 contained in Planning Commission Resolution No. 2151, dated July 13, 1983, ac Planning Commission Resolution No. 2093, dated March 23, 1983, are herel repealed, except as repeated in this resolution. 11. The track operator shall ensure that all race activity shall cease before 1O:OO p.~; during weekdays and Sundays and 10:30 p.m. on Fridays and Saturdays. The trac operator may extend the program up to 30 minutes if racetrack cleanup is necessa~ for safety reasons with all clean up and lights out by 10:30 p.m. on weekdays ar Sundays and 11:OO p.m. on Fridays and Saturdays. 12. The race track operator shall ensure that noise levels during the races shall nl exceed 65 dBA SEL (single event level) at any point 2,000 feet away from the racewi property boundary. Violations of this condition may result in a public hearir before the Planning Commission and possible revocation of the Conditional Uz Permit as provided in condition number 8 above. 13. Turbine engines (jet drags), rocket engines, jalopy races, or destruction derbys a] prohibited. 14. Within a reasonable time after an event, the track operator shall clean the premisc of rubbish or waste material to conform with Ordinance No. 5010. 15. The track operator shall supply potable drinking water as specified by San Dfq County Health Department at no expense to the City of Carlsbad. I 16. The operator shall provide the Fire Department a monthly list of all events whit are to be held on the facility. I I PC RES0 NO. 3710 -4- I I 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 0 e 17. If deemed necessary by the Fire Chief, stand-by fire protection shall be provided t the promotor of the events. The type and scope of fire protection shall be approve by the Fire Chief. 18. The track operator shall maintain a six foot wide brush clearance around all fil hydrants. 19. The track operator shall maintain all established firebreaks, as shown on Exhib “A9 dated May 3, 1995. 20. The track operator shall maintain the sprinkler system on the perimeter of tl motocross track as part of the fire suppression system and shall be tested quarter1 The records of these tests shall be maintained by the racetrack operator and mac available to the Fire Department. 21. A resident watertruck with a 1,000 gallon water tank shall be staffed by tra< personnel for all oval track events. 22. The track operator shall make available a minimum of three, 40BC fire extinguishel for all events. 23. The track operator shall locate all concessions within permanent buildings, unle! the track operator requests, and obtains approval in advance, Fire Departme] required inspections and/or permits. 24. The track operator shall permit no canopies over 400 square feet and tents over 2C square feet without prior approval of the Fire Department. 25. The track operator shall install and maintain a “Knox” box on the existing ent~ gates. 26. The track operator shall remove the dilapidated building and recent, substandar addition to the existing building in the old recreation area to the satisfaction of tl Principal Building Inspector within 60 days of CUP approval. All old machinery ar vehicles being stored in this area shall also be removed to the satisfaction of tl Principal Building Inspector. 27. The old recreation area shall not be sub-leased for the purposes of vehicle storal and any future use of said area shall be subject to the approval of a Conditional U! Permit by the Planning Commission. 28. The track operator shall allow a maximum of five (5) special events may be allowc per year. This includes the Biannual Antique Drag, or other events approved by tl Planning Director and Chief of Police. At least 45 days prior to any special ever the track operator shall notify the Planning Director and Chief of Police of suc request. ~ PC RES0 NO. 3710 -5- I /I 0 0 h I1 1 29. The track operator shall limit the maximum attendance for any event to 1,50 persons except as may be approved by the Planning Director and Chief of Police fa 2 a special event. 3 4 30. The track operator may sell beer at no more than three (3) special events per yea] 31. The track operator shall conduct special events involving the sale of beer durin 5 (if otherwise so licensed) subject to approval of the Chief of Police. 6 !I daylight hours only. 7 8 32. The Chief of Police shall approve the sale of beer at said special events at least 4 days prior to the date of such event. 33. The track operator shall provide a California Highway Patrol approved ambulant 9 shall be on the premises and shall be on standby for all special events with or driver and/or attendant at no cost to the City of Carlsbad. 10 11 12 13 34. The Chief of Police has the final authority over the level of security and Polic services required for such special events. 35. The special events promotor shall pay for Police resources required for these event 14 15 16 17 18 36. The owner shall record an irrevocable offer of dedication of a Right-of-m easement, including temporary slope easements, to the City for the right-of-way ( Melrose Avenue within the project boundary. Said right-of-way width shall be 12 feet along with temporary slope construction easements. The offer shall be mac within 60 days of approval of CUP 94-12. All land so offered shall be granted to tk city free and clear of all liens and encumbrances and without cost to the city. Th approval shall become null and void if the offer is not made within the specified tin or as extended by the City Engineer. 19 11 Code Reminders: 20 21 The project is subject to all applicable provisions of local ordinances, including b not limited to the following code requirements: 22 37. Approval of this request shall not excuse compliance with all applicable sections 1 the Zoning Ordinance and all other applicable City ordinances in effect at time 1 23 building permit issuance, except as otherwise specifically provide herein. 24 38. Any signs proposed for this development shall at a minimum be designed 25 26 conformance with the City’s Sign Ordinance and shall require review and approv of the Planning Director prior to installation of such signs. 27 28 **.* .... PC RES0 NO. 3710 -6- w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e e PASSED, APPROVED, AND ADOPTED at a regular meeting of tht Planning Commission of the City of Carlsbad, California, held on the 21st day of June, 1995 by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Erwin Monroy, Nielsen, Noble and Savary. NOES: None. ABSENT: None. ABSTAIN: None. KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION AlTEST: 15 II /7 19 20 21 22 23 24 25 26 27 28 1 PC RES0 NO. 3710 -7- ll