HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58711
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PLANNING COMMISSION RESOLUTION NO. 5871
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO AMEND
PLANNING COMMISSION RESOLUTION NO. 5626 TO
A 70,220 SQUARE FOOT BUILDING, ON PROPERTY
LOCATED AT 6212 CORTE DEL ABET0 IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
ALLOW SIGNAGE ON THE NORTH-FACING ELEVATION OF
CASE NAME:
CASE NO.: CUP 04-02(A)
K-1 SPEED INDOOR KART TRACK
WHEREAS, David Danglard, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Scott Stokes, “Owner,” described as
Lot 3 of Carlsbad Tract No. 80-34, in the City of Carlsbad,
County of San Diego, sate of California, according to map
thereof no. 10062, filed in the office of the County recorded of
San Diego on April 15, 1982, as file no. 81-115130 of official
records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “B” dated April 6,2004, on file in the Planning
Department K-1 SPEED INDOOR KART TRACK - CUP 04-02(A), as provided by the
conditions of approval of CUP 04-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 6th day of April 2005, 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 amendment; and
WHEREAS, on June 2, 2004, the Planning Commission approved CUP 04-02,
as described and conditioned in Planning Commission Resolution No. 5626.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES K-1 SPEED INDOOR KART TRACK - CUP 04-02 based on the
following findings and subject to the following conditions:
FindinPs :
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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 proposed wall sign is consistent with the Sign
Ordinance, Chapter 21.41 of the Carlsbad Municipal Code, which permits buildings
greater than 60,000 square feet in area to have three (3) wall signs not exceeding 50
square feet in size each.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the existing building will accommodate the proposed facilities and the proposed
signage is consistent with all standards of the City's Sign Ordinance (Carlsbad
Municipal Code Chapter 21.41).
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 addition of a second wall sign will not result in
any changes to yards, setbacks, walls and fences, landscaping, or other features.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed second wall sign will not impact
on-site circulation or be detrimental to the existing street system.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found to be a statutory exemption from the
requirement for the preparation of environmental documents pursuant to Section 15301-
Existing Facilities of the state CEQA Guidelines.
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.
...
PC RES0 NO. 5871 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior -3 Sign Permit
Approval.
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. All conditions of approval imposed upon Conditional Use Permit CUP 04-02 as stated in
Planning Commission Resolution No. 5626 shall apply as conditions of approval for CUP
04-02(A) and are incorporated by this reference, except Conditions No. 6, 7, and 18
which have been satisfied, and Condition No. 16 is replaced by Condition No. 3 below.
3. 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.”
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.
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PC RES0 NO. 5871 -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 6th day of April 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN: 3 JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. 5871 -4-