HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51271
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PLANNING COMMISSION RESOLUTION NO. 5127
A RESOLUTION OF THE PLANNING COMMISSION OF THE
YEAR EXTENSION OF 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 IN LOCAL
FACILITIES MANAGEMENT ZONE 18.
CASE NAME: CARLSBAD RACEWAY
CASE NO.: CUP 94- 1 ~(A)x 1
WHEREAS, Carlsbad Raceway Corp., “Developer’T’Owner’’ has filed a
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
verified application with the City of Carlsbad regarding 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
City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated May 3,1995, on file in the Carlsbad Planning
Department CARLSBAD RACEWAY - CUP 94-12(A)xl, as provided by the conditions of
approval of CUP 94-12(A) and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of January 2002,
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.
WHEREAS, on June 21, 1995, the Planning Commission approved CUP 94-12
as described and conditioned in Planning Commission Resolution No. 3710.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CARLSBAD RACEWAY - CUP 94-12(A)xl, based
on the following findings and subject to the following conditions:
Findinm:
1. The adopted findings for CUP 94-12(A) which are contained in Planning Commission
Resolution No. 4060 apply to this extension.
2. That the Planning Director 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 fiom the requirement for the
preparation of environmental documents pursuant to Section 15301 - Existing Facilities
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
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; 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.
2. All conditions of approval imposed upon Conditional Use Permit CUP 94-12(A) as stated
in Planning Commission Resolution No. 4060 shall apply as conditions of approval for
CUP 94-12(A)xl except Condition No. 4 which 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 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 (5) years fiom February 18,
2002 through February 17,2007. 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
PC RES0 NO. 5127 -2-
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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. Applicant shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Applicant shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge from the site.
A. All participants and vendors shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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 feedexactions. 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 feedexactions
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 feedexactions 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 RES0 NO. 5127 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
- SEENA TRIGAS, Chairpersa
CARLSBAD PLANNING COMMISSION
ATTEST: .
Planning Director
PC RES0 NO. 5127 -4-