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Home My WebLink About2009-09-02; Planning Commission; Resolution 66131 PLANNING COMMISSION RESOLUTION NO. 6613 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT (CUP 04-02(A)xl) TO ALLOW 5 FOR THE CONTINUED OPERATON OF THE Kl SPEED INDOOR KART RACING USE ON PROPERTY LOCATED AT 6 6212 CORTE DEL ABETO IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: Kl SPEED INDOOR KART RACING CASE NO.: CUP 04-Q2(A)x 1 __8 9 WHEREAS, David Dangler, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Stokes Family Property, LP, "Owner," described as 12 Lot 3 of Carlsbad Tract No. 80-34, in the City of Carlsbad, 13 County of San Diego, State of California, According to Map Thereof No. 10062, filed in the Office of the County Recorder 14 of San Diego County on April 15, 1981, as File No. 81-115130 of Official Records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 1 R Permit Extension as shown on Exhibits "A" - "D" dated June 2, 2004, on file in the Planning 19 Department Kl SPEED INDOOR KART RACING - CUP 04-02(A)xl, as provided by the 20 conditions of approval of CUP 04-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal 21 22 Code; and 23 WHEREAS, the Planning Commission did, on September 2, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP Extension; and 28 1 WHEREAS, on April 6, 2005, the Planning Commission approved CUP 04- 2 02(A) as described and conditioned in Planning Commission Resolution No. 5871; and 3 WHEREAS, on June 2, 2004, the Planning Commission approved CUP 04-02 as described and conditioned in Planning Commission Resolution No. 5626. 6 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. 9 B) That based on the evidence presented at the public hearing, the Planning 10 Commission APPROVES Kl SPEED INDOOR KART RACING - CUP 04- 02(A)X1 based on the following findings and subject to the following conditions: 12 Findings: 13 1. The adopted findings for CUP 04-02 and CUP 04-02(A) which are contained in Planning Commission Resolutions No. 5626 and 5871 apply to this extension and are incorporated herein by this reference. That the Planning Director has determined that the project belongs to a class of projects 16 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. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not 19 apply to this project. 20 3. 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 2 to mitigate impacts caused by or reasonably related to the project, and the extent and the 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions; 24 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 26 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 27 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 PCRESONO. 6613 -2- or a successor in interest by the City's approval of this Conditional Use Permit 2 Extension. 3 2. All conditions of approval imposed upon Conditional Use Permit CUP 04-02 and CUP 04-02(A) as stated in Planning Commission Resolutions No. 5626 and 5871 shall apply as conditions of approval for CUP 04-02(A)xl and are incorporated by this reference, 5 except Conditions No. 6, 7, and 18 (Resolution No. 5626) which have been satisfied, and Conditions No. lOa and lOb which are replaced by Conditions No. 3 and 4 below. 6 Condition of approval No. 5 of Planning Commission Resolution No. 6613 is a new condition. 7 „ 3. CUP 04-02(A)xl shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial 9 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 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 J2 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, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning , e 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 16 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 4. This Conditional Use Permit is granted retroactively for a period of 5 years from June 15, 2009 through June 14, 2014. This permit may be revoked at any time after a public j 9 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 20 met. This permit may be extended for a reasonable period of time not to exceed 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 22 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 23 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 24 the number of extensions the Planning Commission may grant. 25 5. Developer shall construct and install all landscaping as shown on the proposed 26 landscape improvements (Kl Speed Carlsbad - Proposed Landscape Improvements) on file in the Planning Department, and maintain all landscaping in 27 a healthy and thriving condition, free from weeds, trash, and debris. If the landscaping is not installed by October 7, 2009, this approval shall become null and 28 void. PCRESONO. 6613 -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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 2, 2009 by the following vote, to wit: AYES: NOES: Commissioners Baker, Dominguez, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery ABSENT: Commissioner Douglas ABSTy MARTELL B. MONTGOMER^fChairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6613 -4-