HomeMy WebLinkAbout2017-08-22; City Council; ; Consider an appeal of the Planning Commission's decision to approve an amendment to Conditional Use Permit CUP 04-02AX1 to allow Kl Speed Indoor Kart Racing to operate a restaurant and serve beer and wine at their facility#11
CA Review ~
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
August 22, 2017
Mayor and City Council
Kevin Crawford, City Manager
Teri Delcamp, Principal Planner
teri.delcamp@carlsbadca.gov or 760-602-4611
Consider an appeal of the Planning Commission's decision to approve an
amendment to Conditional Use Permit CUP 04-02AX1 to allow Kl Speed
Indoor Kart Racing to operate a restaurant and serve beer and wine at
their facility located at 6212 Corte Del Abeta.
Kl Speed Indoor Kart Racing
AMEND 2017-0002 (DEV04-003)
Recommended Action
That the City Council hold a public hearing and adopt a resolution denying the appeal and
upholding the Planning Commission's decision to approve AMEND 2017-0002.
Executive Summary
On May 3, 2017, the Planning Commission conducted a public hearing regarding a Conditional
Use Permit Amendment for Kl Speed Indoor Kart Racing. The amendment would allow a
restaurant use inside the facility as an accessory use along with the on-site sale and service of
beer and wine. The Planning Commission voted to approve the project 5-2 with Chairperson
Segall and Commissioners Black, Goyarts, Rodman, and Siekmann voting yes, and Commissioners
Anderson and Montgomery voting no. An appeal of the Planning Commission's decision was
submitted on May 15, 2017, by Erica Leary and Judi Strong. The appeal was scheduled for City
Council consideration on July 25, 2017, but the applicant requested a continuance to August 22,
2017.
This report presents the City Council with four options to consider in deciding what action to take
on the appeal. However, staff is recommending approval of the resolution as presented in Exhibit
1. Adoption of the proposed resolution would allow the addition of a restaurant that serves beer
and wine within the Kl Speed Indoor Kart Racing facility consistent with the Planning
Commission's decision. Should the City Council decide to move forward with a different option,
a resolution would need to be brought back on consent at a future meeting to reflect that act ion.
Discussion
Project Background and Description
The proposed amendment is to allow a restaurant as an accessory use to t he primary "kart"
racing facility use and remove condition number 15 of Planning Commission Resolution No. 5626,
which prohibited alcohol sales and the catering of alcohol. If approved, the concession snack
Page 321
area will be remodeled and healthier food will be offered in order to meet the demands of
corporate clientele who have requested a more comfortable atmosphere. The menu will be
upgraded to include at least eight meals, appetizers and sandwich food items cooked on the
premises. Kl Speed has incorporated this more contemporary approach in its two Illinois
facilities with success. Their experience at these two facilities shows that the sale of beer and
wine will be a small portion of Kl Speed's business.
Kl Speed implements a business operational program which ensures that onsite drinking does
not occur prior to kart racing. This program involves a specific set of procedures. Upon entering
the facility, adult customers 21 years of age or older will be fitted with a plastic bracelet allowing
them to race. Upon completion of their racing, the bracelet will be cut and removed, thus
allowing them to purchase beer and wine. Adults without bracelets will not be allowed to race.
This process has been used in the Illinois facilities with success. Kl Speed states that they have
maintained the best safety record with the highest liability insurance rating available for
businesses of their type in their Illinois facilities, as well as their facilities throughout the country.
Kl Speed has expressed that they will not advertise or promote beer or wine on the interior or
exterior of their building. No other change to the look, design, operations, hours, or overall
ambiance of the existing Kl Speed is proposed.
Planning Commission Hearing
The Planning Commission considered the Kl Speed project on May 3, 2017. During the public
comment period, five people spoke in opposition to the project. The issues raised by the speakers
were concerns about alcohol consumption in general, in conjunction with driving, and in the
presence of children. One speaker also commented that the city should have an alcohol server
training ordinance in place.
City staff and the applicant responded to the public's comments and answered questions from
the Planning Commission. There was discussion regarding the proposed operational plan to
ensure drinking does not occur prior to kart racing, what constitutes a full restaurant (or bona
fide eating establishment), Alcoholic Beverage Control (ABC) license review procedures and
operational safeguards, and that many existing establishments in Carlsbad have children in
proximity to adults consuming beer and wine. Commissioner Anderson was concerned that the
proposed physical layout does not appear to adequately separate the racing from the
consumption of beer and wine. Commissioner Montgomery could not support the request
because the business operation program utilizing the wristbands in addition to separating the
kitchen and eating areas from the racing were not included in the conditions of approval, and,
therefore, are not enforceable. Staff's position is that the proposed layout combined with the
operational program provide sufficient separation between the restaurant and kart driving uses.
Staff also indicated that adding operational conditions was considered, but would be more
appropriately placed on the alcohol license by the Police Department and the ABC, since the ABC
is the agency responsible for enforcement of alcohol license regulations.
Ultimately, the Planning Commission voted to approve the project 5-2 with Chairperson Segall
and Commissioners Black, Goyarts, Rodman, and Siekmann voting yes, and Commissioners
Anderson and Montgomery voting no. The appeal was filed on May 12, 2017, by Erica Leary and
Judi Strong.
Page 323
Standard of Review for Appeals
Carlsbad Municipal Code (CMC) Section 21.54.150 outlines procedures for appeals of Planning
Commission decisions, and states
Grounds for appeal shall be limited to the following: that there was an error or abuse of
discretion on the part of the planning commission in that the decision was not supported
by the facts presented to the planning commission prior to the decision being appealed;
or that there was not a fair and impartial hearing.
Section 21.54.150 goes on to state that the City Council's consideration is "de novo" (or "like
new") but limits the consideration to "only the evidence presented to the Planning Commission
for consideration in the determination or decision being appealed." Thus, no new information
may be considered by the City Council that was not presented to the Planning Commission. The
City Council may uphold, modify or overturn the Planning Commission's decision, or may remand
the item back to the Planning Commission with direction for further proceedings.
Project Appeal and Response
The appellant is basing their appeal on five different reasons. The first re_ason challenges finding
number one of Planning Commission Resolution No. 7240, specifically that "adding beer and wine
to Kl Speed is not 'necessary or desirable for the development of the community,' nor is it in
harmony with the General Plan Vision core value of 'small town feel, beach community character
and connectedness.,,, Serving beer and wine is not the use that is in question, it is the "kart"
racing facility and the proposed restaurant that would serve beer and wine. Kl Speed feels that
adding a restaurant with beer and wine sales will help them compete in the recreation industry.
The restaurant will not operate as a bar and Kl Speed expects the sales of beer and wine to
comprise a small portion of their business. Allowing a restaurant with service of beer and wine
at a recreation facility that is located in an industrial park and not near any residential
neighborhoods will not disrupt the "small town feel, beach community character and
connectedness" that is identified in the General Plan.
The appeal also states that the Planning Commission process was questionable and that
Commissioner Black pondered whether he should vote on the project because he owns an
alcohol establishment, but he voted anyway. Commissioner Black stated he had consulted the
Deputy City Attorney, and was not required to recuse himself because he does not have a
financial interest in Kl Speed, or any businesses or properties within 600 feet of the subject
property. Furthermore, if Commissioner Black had recused himself from the project, the item
would have still passed with a 4-2-1 vote.
The third reason for the appeal is that the proposal does not comply with General Plan Goal 2-
G.18, which states
Ensure that new development fosters a sense of community and is designed with the focus
on residents, including children, the disabled and the elderly, by providing: safe,
pedestrian-friendly, tree-lined streets; walkways to common destinations such as schools,
bikeways, trails, parks and stores; homes that exhibit visual diversity, pedestrian-scale
prominence to the street; central gathering places; and recreation amenities for a variety
of age groups.
Page 324
The above goal generally refers to new development and creating walkable, safe, active and
attractive neighborhoods. Therefore, the goal is not applicable to this Conditional Use Permit
Amendment insofar as it is associated with an existing business.
The fourth reason for the appeal is that the applicant is referencing two Kl Speed locations in
Illinois that currently serve alcohol, but operate "very differently with a full 2 page menu and full
bar service, which is not what they propose in Carlsbad." The Kl Speed Indoor Kart Racing Facility
is located within the Planned Industrial (PM) Zone, which does not allow bars or cocktail lounges.
Alcohol may only be served if it is at a restaurant within the Planned Industrial Zone. The
definition of a "bona fide" public eating establishment (restaurant) in the Carlsbad Municipal
Code states "restaurant service shall include, but not be limited to an offering of a varied menu
of foods or not less than five main courses with appropriate nonalcoholic beverages, desserts,
salads and other attendant dishes." The applicant stated their menu includes a minimum of five
main courses and other food selections. "Main course" is not defined within the Municipal Code,
and having a "two page" menu is not included in the definition of a restaurant in Carlsbad.
Lastly, the appellants state the "staff recommendation for approval did not solicit input from the
Police Department or include any data on alcohol impacts such as DUI, alcohol related crashes,
etc." It is part of the Planning Division's business process to solicit comments from the Police
Department on development projects. Staff solicited and received comments from the Police
Department for this project on February 15, 2017. The Police Department indicated they would
conduct a review of the request for on-site sale and service of beer and wine when the applicant
applies for the required ABC license. This is the Department's standard procedure, and follows
after approval of a land use decision by the city if required. Data on alcohol-related arrests and
accidents, crime rates, and the concentration of ABC licenses within a particular area is procured
by the Police Department at the time of the ABC license review. The license review is the process
for the Police Department to either protest and deny an ABC license or work with the ABC to
specifically regulate and condition alcohol-related businesses.
Options
As noted above, four options are presented for the City Council to consider in deciding what
action to take on the appeal:
Option 1 {Recommended Action):
Adopt a resolution denying the appeal and upholding the Planning Commission's decision to
approve AMEND 2017-0002.
The City Council could deny the appeal and uphold the Planning Commission's approval based
on the findings made by the Planning Commission, and a determination that the Planning
Commission did not err or commit an "abuse of discretion" in making their decision, and that
the hearing was "fair and impartial." This action would allow the applicant to submit plans
for tenant improvements to add the restaurant as well as apply to the ABC for a beer and
wine license, both of which would be required in order to carry out the approval.
Page 325
Option 2
Adopt a resolution upholding the appeal and denying AMEND 2017-0002, thereby overturning
the Planning Commission's decision to approve AMEND 2017-0002.
The City Council could decide to uphold the appeal and overturn the Planning Commission's
approval if the findings are justified. This action would need to be based on findings that the
appellants met the burden of proof to show that there was either "an error or abuse of
discretion" by the Planning Commission because their "decision was not supported by the
facts presented to" them, or that the hearing was not "fair and impartial." Kl Speed Indoor
Kart Racing would not be allowed to add a restaurant, and the condition prohibiting alcohol
sales and the catering of alcohol on-site would remain in effect.
If the City Council takes this action, a resolution would need to be brought back on consent
at a future meeting.
Option 3
Adopt a resolution to modify the Planning Commission's decision to approve AMEND 2017-
0002 by approving the restaurant but retaining the condition that prohibits the requested on-
site sale and service of beer and wine.
The City Council could decide to modify the request by approving AMEND 2017-0002 only to
allow the addition of a restaurant, but leaving the condition prohibiting alcohol sales and the
catering of alcohol on-site in effect. This would essentially uphold the appeal, but would
allow partial approval of the request for the addition of a restaurant. Because a restaurant
in the P-M (Planned Industrial) zone is conditional, it would be necessary for CUP 04-02AX1
to be amended to allow for the restaurant.
This option would require a revised resolution and modifications to the conditions of approval
originally imposed by the Planning Commission. Staff would need to return to a future City
Council meeting with a revised resolution reflecting this option for the Council's consideration
and approval.
Option 4
Remand AMEND 2017-0002 to the Planning Commission for further proceedings.
If deemed appropriate, the City Council could remand AMEND 2017-0002 to the Planning
Commission with specific direction for further proceedings. This action would be by motion
and does not require a resolution. A new public hearing would be scheduled for the Planning
Commission, and the Commission's decision would be subject to an appeal to the City
Council.
In consideration of the analysis provided above, staff is recom,mending that the City Council
approve the resolution as presented in Exhibit 1.
Page 326
Fiscal Analysis
If approved, any required improvements needed to serve this project would be funded and/or
constructed by the developer.
Next Steps
City Council's action to approve, deny or modify this item is final. A City Council action to remand
the item to the Planning Commission would result in final action by the Planning Commission,
unless appealed.
Environmental Evaluation (CEQA)
The project is exempt from the requirements of the California Environmental Quality Act (CEQA)
per section 15301 (Existing Facilities). The addition of a restaurant within an existing building is
below the screening threshold of 900 MTC02e, and is therefore not subject to the Climate Action
Plan.
Public Notification
Information regarding public notification of this item such as mailings, public hearing notices
posted in the newspaper and on the City website are available in the Office of the City Clerk.
Exhibits
1. City Council Resolution
2. Location Map
3. Appeal Form dated May 15, 2017
4. Planning Commission Resolution No. 7240
5. Planning Commission Staff Report dated May 3, 2017
6. Planning Commission minutes dated May 3, 2017
Page 327
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING 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 AND SERVE BEER AND WINE 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)
EXHIBIT 1
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 Strong, 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 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, that all matters not
specified in the appeal have been supported by substantial evidence with findings and
approved by the Planning Commission, and that the findings and conditions contained
in Planning Commission Resolution No. 7240 on file in the City Clerk's office and
incorporated herein by reference are the findings and conditions of the City Council.
Page 328
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:
"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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ____ , 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Page 329
NOT TO SCALE
SITE MAP
K-1 Speed Indoor Kart Track
AMEND 2017-0002
EXHIBIT 2
Page 330
EXHIBIT 3 RECEIVED
MAY 1 5 2017
Cit-y of
APPEAL FORM
I (We) appeal the decision of the £\~L~--4,Q VV\.m,.s.s lo() _j
To the Carlsbad City Council.
Date of Decision you are appealing: \-ic-.y 3 1 zo I, :(?IC..nf\ i°J Ll)r>'IV\'6$\CJ'Y)
Subject of Appeal:
BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project
has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific
Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please
state that here.
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Reason(s) for Appeal: • Please Note • Failure to specify a reason may result in denial of the
appeal, and you will be limited to the grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with
state or local laws, plans, or policy? i) A-dd-.0:e, log.if c..nc\ 42,inG--tu \( l S e~d \--5 ~ not 'fl'9~~ or d6~-f~.h~ ta(
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ADDRESS: Street Name & Number
DATE City, State, Zip Code
1200 Carlsbad Village Drive• Carlsbad, California 92008-1989 • (760) 434-2808
Page 331
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Page 332
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 7240
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT CUP 04-02AX1 TO ALLOW Kl SPEED INDOOR KART RACING
TO OPERATE A RESTAURANT AND SERVE BEER AND WINE AT THEIR
FACILITY ON PROPERTY GENERALLY LOCATED AT 6212 CORTE DEL ABETO
IN LOCAL FACILITIES MANAGEMENT ZONE 5. THE CITY PLANNER HAS
DETERMINED THAT THE PROJECT BELONGS TO A CLASS OF PROJECTS THAT
THE STATE SECRETARY OF RESOURCES HAS FOUND DO NOT HAVE A
SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS THEREFORE
CATEGORICALLY EXEMPT FROM THE REQUIREMENT FOR THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO SECTION
15301 (EXISTING FACILITIES).
CASE NAME: Kl SPEED INDOOR KART RACING
CASE NO.: AMEND 2017-0002 (DEV 04-003)
WHEREAS, David Danglard, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Stokes Family Properties, LP, "Owner," described as
Lot 3 of Carlsbad Tract No 80-34, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 10062, filed in
the Office of the County Recorder of San Diego County on April 15, 1981.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Amendment as shown on Exhibits "A" -"C" dated May 3, 2017, on file in the Planning Division AMEND
2017-0002 -Kl SPEEED INDOOR KART RACING, as provided by the conditions of approval of AMEND
2017-0002 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 3, 2017, 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 16, 2004, the Planning Commission approved CUP 04-02, as described
and conditioned in Planning Commission Resolution No. 5626.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows: Page 333
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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 Commission APPROVES
AMEND 2017-0002 -Kl SPEED INDOOR KART RACING based on the following findings
and subject to the following conditions:
Findings:
(NOTE: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B}
1.
2.
3.
4.
That the requested use 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 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.
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 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.
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 will occupy an existing industrial building
with existing onsite landscaping with only minor interior tenant improvements proposed. The
proposed tenant improvements and minor exterior building modifications 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.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that project is provided access from Corte Del Abeto, 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 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.
26 Conditions:
27 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance.
28
PC RESO NO. 7240 -2-
Page 334
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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.
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.
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 CFO
#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.
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
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.
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.
All conditions of approval imposed upon Conditional Use Permit CUP 04-02 as stated in Planning
Commission Resolution No. 5871 shall apply as conditions of approval for AMEND 2017-0002 and
are incorporated by this reference, except Planning Commission Resolution No. 5626, Condition
No. 15 which is deleted.
7. There shall be no outdoor/exterior advertising of beer and wine sales.
PC RESO NO. 7240 -3-
Page 335
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8. 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 Resolution No. 7240 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.
Code Reminders
9.
10.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
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
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
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 offinal 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
24 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
25 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.
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PC RESO NO. 7240 Page 336
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 3, 2017 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Black, Goyarts, Rodman and
Siekmann
Commissioners Anderson and Montgomery
11 JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
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15 fo,/ DON NEU
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City Planner
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PC RESO NO. 7240 -5-
Page 337
The City of Carlsbad Planning Division EXHIBIT 5
A REPORT TO THE PLANNING COMMISSION
Item No. G)
P.C. AGENDA OF: May 3, 2017
Application complete date: March 7, 2017
Project Planner: Austin Silva
Project Engineer: David Rick
SUBJECT: AMEND 2017-0002 (DEV 04-003) -Kl SPEED INDOOR KART RACING -Request for an
amendment to Conditional Use Permit CUP 04-02AX1 to allow Kl Speed Indoor Kart
Racing to operate a restaurant and serve beer and wine at their facility located at 6212
Corte del Abeta in Local Facilities Management Zone 5. The City Planner has determined
that the project belongs to a class of projects that the State Secretary of Resources has
found do not have a significant impact on the environment, and is therefore categorically
exempt from the requirement for the preparation of environmental documents pursuant
to Section 15301 (Existing Facilities).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7240 APPROVING a
Conditional Use Permit Amendment (Permit No. AMEND 2017-0002) based on the findings and subject to
the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This application is a request for an amendment to an existing Conditional Use Permit (CUP 04-02) that was
initially approved by the Planning Commission on June 16, 2004, was amended on April 6, 2005 (CUP 04-
02A), and extended on September 2, 2009 (CUP 04-02AX1). However, the CUP has since been extended
in perpetuity, meaning there is no longer an expiration date. The CUP amendment in 2005 removed
condition number 16 from Planning Commission Resolution No. 5626 that prohibited signage on the
north-facing elevation. There have been no issues raised in any of the annual CUP reviews for Kl Speed
Indoor Kart Racing. The proposed amendment is to remove condition number 15 of Planning Commission
Resolution No. 5626, which prohibited alcohol sales and the catering of alcohol.
K-1 Speed requests to operate a restaurant and allow the onsite sales and consumption of beer and wine.
If approved, the concession area will be remodeled and healthier food with be offered in order to meet
the demands of corporate clientele who have requested a more comfortable atmosphere. The menu will
be upgraded to include at least eight meals, appetizers and sandwich food items cooked on the premises.
Kl has incorporated this more contemporary approach in its two Illinois facilities with success. Their
experience at these two facilities show that the sale of beer and wine will be a small portion of Kl Speed's
business.
Kl implements a business operational program which ensure that onsite drinking does not occur prior to
kart racing. This program involves the following procedures; upon entering the facility, adult customers
21 years of age or older will be fitted with a plastic bracelet allowing them to race. Upon completion of
their racing, the bracelet will be cut and removed, thus allowing them to purchase beer and wine. Adults
without bracelets will not be allowed to race. This process has been used in the Illinois facilities with
success. Kl Speed states that they have maintained the best safety record with the highest liability
insurance rating available for businesses of their types in their Illinois facilities, as well as their facilities
l'. ·~ Page 338
AMEND 2017-0002 (DEV 04-003)-Kl SPEED INDOOR KART RACING
May 3, 2017
Pa e 2
throughout the country. Kl has expressed that they will not advertise or promote beer or wine on the
interior or exterior of their building. No other change to the look, design, operations, hours, or overall
ambiance of the existing Kl Speed is proposed.
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE A-SURROUNDING PROPERTIES
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial (Pl) Planned Industrial (P-M) Kl Speed
North Planned Industrial (Pl) Planned Industrial (P-M) Industrial
South Planned Industrial (Pl) Planned Industrial (P-M) Office/Manufacturing
East Planned Industrial (Pl) Planned Industrial (P-M) Office
West Planned Industrial (Pl) Planned Industrial (P-M) Storage Facility
Ill. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Planned Industrial (Pl) General Plan Land Use Designation;
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34);
C. Parking Ordinance (C.M.C. Chapter 21.44);
E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
F. Growth Management Ordinance (C.M.C. Chapter 21.90)
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable regulations and policies. The project's compliance with each of the above regulations
is discussed in the sections below.
A. Planned Industrial General Plan Land Use Designation (Pl)
The project involves allowing a restaurant and the sale of beer and wine for onsite consumption and the
indoor kart racing recreational use has previously been determined to be in compliance with the General
Plan. The site has a General Plan Land Use designation of Planned Industrial (Pl). Per the Carlsbad General
Plan Land Use Element Policy 2-P.29, recreational facilities are encouraged in areas designated as Planned
Industrial. The proposed amendment to operate a restaurant and have onsite sales and consumption of
beer and wine will not cause the indoor kart racing facility to be inconsistent with the General Plan.
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34)
The proposed site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of Chapter
21.34 of the Zoning Ordinance. Restaurants are permitted in the P-M Zone subject to approval of a Minor
Conditional Use Permit. However, the Conditional Use Permit was approved in 2004 prior to a zone code
change that required recreational facilities to be approved by the Planning Commission. The proposed
CUP amendment is being brought forward for Planning Commission approval because the condition to
prohibit the onsite sales and catering of alcohol was included by the Planning Commission. The existing
indoor kart racing facility complies with all setbacks, lot coverage, and height requirements, and only
tenant improvements to the interior of the building are proposed. Parking is discussed in Section C below.
Page 339
AMEND 2017-0002 (DEV 04-003)-Kl SPEED INDOOR KART RACING
May 3, 2017
Pa e 3
C. Parking Ordinance (C.M.C. Chapter 21.44)
The existing indoor kart racing facility is in compliance with the parking requirements identified in the
parking ordinance. There were a total of 62 parking spaces provided for the approval of the use and 152
spaces are provided. The addition of a restaurant will not generate the need for additional parking
because it is considered an accessory use to the indoor kart racing facility as people will be purchasing
food and beverages while they are already at the facility and the restaurant will not be advertised from
the outside.
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
The proposed project is a use which is allowed in the Planned Industrial Zone (P-M) subject to the approval
of a CUP. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to
approve a conditional use permit. All of these findings can be made for this project as discussed below:
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the General 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 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 this 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.
2. 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
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.
3. 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 planning director, 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 will occupy an existing industrial building with
existing onsite landscaping with only minor interior tenant improvements proposed. The proposed
tenant improvements and minor exterior building modifications 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.
4. 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 Abeto, 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 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.
Page 340
AMEND 2017-0002 (DEV 04-003)-Kl SPEED INDOOR KART RACING
May 3, 2017
Pa e 4
E. Growth Management Ordinance
The proposed site is located within Local Facilities Management Plan Zone 5. The addition of a restaurant
and serving beer and wine will not result in increased public facilities demands and therefore, the project
would not exceed performance standards for public facilities.
IV. ENVIRONMENTAL REVIEW
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
CEQA Section 15301-Existing Facilities. A Notice of Exemption will be filed upon final project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7240
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 5626 dated June 16, 2004
5. Planning Commission Resolution No. 5871 dated April 6, 2005
6. Notice of Conditional Use Permit Extension dated April 7, 2014
7. Reduced Exhibits
8. Exhibits "A" -"C" dated May 3, 2017
Page 341
EXHIBIT 6
Planning Commission Minutes May 3, 2017 Page 3
Chairperson Segall asked if any member of the audience wished to address Agenda Items 2, 3 and 4.
Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts
that the Planning Commission adopt Planning Commission Resolution No. 7239
approving Conditional Use Permit Amendment (Project No. AMEND 2016-0002)
based on the findings and subject to the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts
that the Planning Commission adopt Planning Commission Resolution No. 7241
approving Coastal Development Permit CDP 2017-0007 based upon the findings
and subject to the conditions contained therein as amended.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts
that the Planning Commission adopt Planning Commission Resolution No. 7238
approving CUP 16-08 for a period of 5 years, based upon the findings and subject to
the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed public hearing on Agenda Items 2, 3 and 4, asked Mr. Neu to introduce the next
item and opened the public hearing on Agenda Item 1.
1. AMEND 2017-0002 (DEV 04-003) -K1 SPEED INDOOR KART RACING -Request for
an amendment to Conditional Use Permit CUP 04-02AX1 to allow K1 Speed Indoor Kart
Racing to operate a restaurant and serve beer and wine at their facility located at 6212
Corte del Abeta in Local Facilities Management Zone 5. The City Planner has determined
that the project belongs to a class of projects that the State Secretary of Resources has
found do not have a significant impact on the environment, and is therefore categorically
exempt from the requirement for the preparation of environmental documents pursuant to
Section 15301 (Existing Facilities).
Page 342
Planning Commission Minutes May 3, 2017 Page 4
Mr. Neu introduced Agenda Item 1 and stated Associate Planner Austin Silva would make the staff
presentation.
Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this
item.
Commissioner Anderson disclosed that she looked at their website on line.
Commissioner Goyarts stated that he has visited the site and has not searched for articles for news
publications.
Commissioner Siekmann disclosed that she has also visited the site.
Mr. Silva gave a presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant
wished to make a presentation.
Paul Klukas, Planning Systems, Suite 100, 1530 Faraday Avenue, made a presentation.
Chairperson Segall asked if there were any questions of the applicant.
Commissioner Black asked what would prevent a customer from obtaining a wristband, leaving the facility after
consuming alcohol, removing the wristband then returning to receive another wristband. Mr. Klukas stated that
the procedure is more involved than the procedures identified in the staff report. He stated that there are more
steps taken to ensure that does not happen such as using a florescent stamp and logging every customer's name
with the cashier as they purchase alcohol.
Commissioner Anderson stated that she is concerned with adult alcohol consumption mixed with children in the
same area and asked if there will be a separation. Mr. Klukas stated that there will be a planter that will act as a
low wall for separation with posted signs and trained employees will ensure that alcohol will not go past the
designated area. Commissioner Anderson asked if there are private parties on the second floor. Mr. Klukas
stated no, the second floor is designated for office use.
Chairperson Segall asked if K-1 Speed violates, then they could lose their ABC license. Mr. Klukas replied yes.
Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if
any person in the audience wished to speak on the item and opened public testimony.
John Byrom, 1000 Val Terrace, Vista, representing North Coastal Prevention Coalition, stated his concerns
with family oriented businesses applying for an alcohol license and Carlsbad should require an ordinance
for training.
Erica Leary, 4312 Navajo Avenue, Oceanside, representing North Coastal Prevention Coalition and
Licensee Education on Alcohol and Drugs (LEAD), stated that the mission of the coalition is to reduce the
use of alcohol, tobacco, marijuana and other drugs in the cities of Carlsbad, Oceanside and Vista through
community action, education, support and collaboration.
Nina Eaton, 5025 Tierra Del Oro, shared her concerns with alcohol consumption around young children
around a family participation sport.
Daniel Eaton, 5510 Los Robles Drive, shared his concerns with adults consuming alcohol while he is racing
on the track causing a stressful environment.
Homer Eaton, 5025 Tierra Del Oro, also stated his concerns with alcohol consumption in the facility and
that it should be prohibited while young children are racing on the track.
Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none,
he closed public testimony.
Page 343
Planning Commission Minutes May 3, 2017 Page 5
Chairperson Segall asked if the restaurant will be located on the first floor or on the second floor. Mr. Klukas
replied on the first floor.
Commissioner Montgomery asked if staff is concerned with violations to any protocols. Mr. Neu stated that
when a business applies for an ABC license, the application notification will come to the city and will be
distributed out to multiple departments including the police department. Mr. Neu added that if the police
department have noted issues with an operator or an over concentration of licenses in an area, they could
either recommend denial of the license or request the addition of special conditions.
Chairperson Segall asked if a condition could be added to restrict someone from consuming alcohol on
premise before racing and if there were a violation, the Conditional Use Permit (CUP) could be revoked for
the entire facility. Mr. Neu stated yes, however; the Commission might want to consider building some
flexibility whether the operator wanted to change their method of controlling that if they find a better way to
accomplish the same objective without amending the CUP.
Commissioner Montgomery asked for the definition of a restaurant and if the facility could be considered
as an establishment that sells food that is substantial enough that would allow for the use of alcohol. Mr.
Neu recited the code summarizing that it should be designed and operated in such a way that the sale of
alcoholic beverages is incidental to the primary restaurant operation. Commissioner Montgomery asked if
staff is suggesting that the project will meet the requirements. Mr. Neu stated yes.
Commissioner Goyarts asked how the recommendation for alcohol training would be forwarded to the City
Council to evaluate outside of the consideration of this project. Mr. Kemp stated that it would be best to
approach any of the council members stating that Commissioner Goyarts attended a Planning Commission
hearing where it was made as a suggestion.
DISCUSSION
Commissioner Montgomery stated that he struggles with the project meeting the level of an eating
establishment (restaurant) that would allow the use of alcohol. Mr. Kemp recited the code explaining the
definition of a bona fide restaurant.
Commissioner Goyarts asked what types of meals will be served. Mr. Klukas clarified stating Texas style
chicken wings, turkey or tuna spinach wraps, speedway beef sliders, hot cheese pizza, popcorn chicken,
Homestyle chicken strips, hummus and veggie plate, edamame bowl, cheese and charcuterie board.
Commissioner Siekmann understands that having a good time with friends seems reasonable to have a
glass of wine or beer with something to eat.
Commissioner Anderson stated that she is struggling with the layout as it looks like a snack bar in a small
space with small tables, the separation of adults and children and that it seems like it is an undesirable
mixture of activities. Commissioner Anderson is concerned with mixing the racing with alcohol in a venue
that is not setup for it.
Commissioner Black stated that since he is in the beer making business, it would be hypocritical of him to
vote against the serving of alcohol anywhere. He stated that he may have to abstain due to a conflict,
however; he has discussed the issue with the legal advisor and Mr. Kemp stated that it would not be
necessary for him to abstain. Commissioner Black stated that he has been under training with Mr. Byrom
on many occasions, over the last 10 years, and that it is excellent formal training that will last for two years.
Commissioner Black added that there are safeguards where drinking occurs and there is nothing preventing
someone drinking at a different location then arriving at K-1 Speed. He feels that there are more safeguards
with the project than they need with the additional training that they should get, even though there are young
employees. Commissioner Black concluded that most places in Carlsbad and elsewhere have had young
children around adults consuming alcohol.
Commissioner Rodman concurs with Commissioner Siekmann stating that it does sound reasonable and
agrees that an expanded menu for corporate events would be nice to have.
Commissioner Montgomery commented that it appears to him like it is a snack bar, however; he does not
know if that means it is also a restaurant because there are eight meals as there are no requirements of
Page 344
Planning Commission Minutes May 3, 2017 Page 6
size of tables or patronage. Commissioner Montgomery stated that the one thing that bothers him the most
is that the business of operation program utilizing the bracelets, the separation of the kitchen and the eating
area versus the racing area is not listed in the conditions of approval as it is not enforceable. He cannot
support the project.
Chairperson Segall stated that he does not have any concerns with the serving of alcohol because they are
protected in terms of the breathalyzer. He added that the applicant has built a profitable and a reputable
business and the last thing that he would want to do is have that damaged in some way by not enforcing a
protocol that does not allow driving after they have consumed alcohol. Chairperson Segall stated that there
are enough checks and balances including a CUP that could be revoked if there is a violation and concluded
that he can support the project.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner
Siekmann that the Planning Commission adopt Planning Commission Resolution
No. 7240 approving a Conditional Use Permit Amendment (Permit No. AMEND
2017-0002) based on the findings and subject to the conditions contained therein as
amended.
VOTE: 5-2
A YES: Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner
Rodman and Commissioner Siekmann
NOES: Commissioner Anderson and Commissioner Montgomery
ABSENT: None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 1.
COMMISSION COMMENTS
Chairperson Segall added that he has provided the Commission a handout to help streamline the Planning
Commission hearings.
CITY PLANNER COMMENTS
Mr. Neu commented that the most recent annual Growth Management Monitoring report has been
distributed to the Commissioners and recommended that they go through the material that gives a rundown
of each of the 11 public facilities with some discussion about the excess dwelling unit bank and the
population in each of the quadrants.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of May 3, 2017 was adjourned at 7:20
p.m.
DON NEU
City Planner
Farah Nisan
Minutes Clerk
Page 345
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
EXHIBIT 7
DATE: FEBRUARY 13, 2017
I LEAD PLAN CASE: AMEND2017-0002
PROJECT TITLE: Kl SPEED INDOOR KART TRACK
APPLICANT: Kl SPEED INC
TO:
IX! Land Development Engineering -D. Rick
IX! Police Department -J. Sasway
IX! Fire Department-Fire Marshal
IX! Building Division -Peter Dreibelbis
D Parks & Recreation (Parks/Trails)-Kasia Trojanowska
D Parks & Recreation (Trees & Medians) -Kyle Lancaster
D Public Works Department (Streets)-Bryant Hill
D Public Works Department (Traffic) -John Kim
D SAN DAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
FROM: PLANNING DIVISION/ '$ IL VA.
REVIEW NO: 1
D Public Works (Storm Drain) -Bryant Hill
D Utilities-Design/M&O -T. Smith/Lindsay Leahy
D Landscape Plan check Consultant -PELA
D School District
D North County Transit District -Planning Dept.
D Sempra Energy -Land Management
D Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATIN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
Recipient -Please review and submit written comments and/or conditions. Prior to returning to the Planning
Department, in EnerGov (Manage my Reviews), open the plan, update the review status (resubmit or approved). Then
return this form along with any red line prints to the Project Planner. Please return by 3/6/17 even if no comments.
If you determine that there are items that need to be submitted to deem the application "complete" for
processing, please immediately contact the applicant and/or their representatives (via phone or e-mail)
to let them know.
Thank you
COMMENTS:
f 2Ar1 ~ ( (It OJ -+111 e/
I
PLANS ATIACHED
Review & Comment
)><PP' i c~~*\cr)-,r
Jxf:;; ~ fe),J 1 {)Jd(-~ fLruce~,-
8/14
Page 346
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Morgen,
Council Internet Email
Tuesday, August 22, 2017 10:22 AM
Morgen Fry
City Clerk
FW: Vote NO on Alcohol Expansion
Please distribute to council for the meeting tonight.
Andi
-----0 rigi na I Message-----
From: FLOYD ISLEY [mailto:f ]
Sent: Tuesday, August 22, 2017 8:58 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Vote NO on Alcohol Expansion
All Receive -Agenda Item # lL
For the Information of the:
CITY COUNCIL /
ACM vCA VCC V
Date g.City Manager \2::"
All members of Carlsbad City Council, vote NO on for adding alcohol at the Kl Speed facility. There should not be beer
and wine sold at a go-kart racing facility.
Floyd and Dianna Isley
Carlsbad Zip Code 92011
Sent from my iPad
1
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Please distribute to council.
From: Kira Linberg
Council Internet Email
Tuesday, August 22, 2017 10:23 AM
Morgen Fry
City Clerk
FW: Call from Diana Iseley
Sent: Tuesday, August 22, 2017 9:05 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Call from Diana Iseley
All Receive -Agenda Item # .2_l_
For the Information of the:
CITY COUNCIL
ACM v CA \/"'CC V
Date8/~ln City Manager v
Diana Iseley called to ask each council member to vote no on allowing alcohol at the Kl track. She said kids already have
too much access to alcohol, and this would not be helping.
1
,II Receive -Agenda Item # \ \
For the Information of the:
cn-y COUNCIL ,/
ACM vcA v'"cc
Date~t&{nCity Manager v'
August 22, 2017
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
{cityof
Carlsbad
From:
Via:
Mike Peterson, Interim Community & Economic Development Director
Marisa Lundstedt, Chief Operations Officer
Re: August 22, 2017, City Council Item 11-Kl Speed Procedural Questions
Clarification has been requested regarding the procedural requirements for the original
approval of the Kl Speed Kart Racing facility and for the proposed restaurant. At the time the
original conditional use permit was approved, the Carlsbad Municipal Code (CMC) required
Planning Commission approval for recreation uses in the Planned Industrial (P-M) zone. Since
that time, the CMC was amended to make the approval process administrative by requiring
approval of a minor conditional use permit for recreation uses in the Planned Industrial (P-M)
zone. The City Planner is the decision-maker for minor conditional use permits. In addition,
restaurants in the Planned Industrial (P-M) zone also require approval of a minor conditional
use permit.
In the case of Kl Speed, given the applicant is requesting to remove a condition of approval
specifically placed on the original approval by the Planning Commission as well as to add an
ancillary restaurant to the recreation facility, staffs determination was that the request would
be an amendment to the original CUP that would be considered by the Planning Commission.
The proposed restaurant will operate in an ancillary manner to the kart racing use of the site.
CMC Section 21.04.056 contains the definition of a "bona fide public eating establishment." The
definition includes the phrase that such an establishment is one "at which the primary business
is the ... sale of meals ... and nonalcoholic beverages .... " The use of the term "primary" in this
context is to distinguish a bona fide public eating establishment from a bar as defined in CMC
21.04.041. A bona fide publk eating establishment's primary business is to serve food, not beer
and wine. The term "primary" does not refer to the use of the site since there are many
instances where restaurants are an accessory use on a site, or one of two or more primary uses
on a site. For example, many hotels contain restaurants that are bona fide eating
establishments. The bona fide eating establishment definition also contains requirements for
serving beer and wine, and Kl Speed will meet these requirements.
cc: City Attorney
Glen Van Peski, Community & Economic Development Director
Don Neu, City Planner
Teri Delcamp, Principal Planner
Community & Economic Development
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
, \II Receive -Agenda It
For th I em # I I e nformation of the--
CITY COUNCIL .
ACM v CA v CC , August 16, 2017 Date !/iii::-City-M -!'.'.'.:.. ~ anager v
Mayor Matt Hall
Councilmember Keith Blackburn
Councilmember Mark Packard
Councilmember Michael Schumacher
Councilmember Cory Schumacher
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
RE: Kl SPEED INDOOR KART RACING
CONDITIONAL USE PERMIT AMENDMENT APPEAL
AMEND 2017-0002 (DEV 04-003)
Dear Mayor and Councilmembers;
You are probably familiar with our Kl Speed Indoor Karting center on Corte del Abeto in the Palomar
Airport Business Park in Carlsbad. This Carlsbad facility was our very first karting center, opened
through an approved CUP in 2004. Since opening the Carlsbad center, we have grown to 31 centers
throughout 12 states in the U.S, with additional centers soon opening in Canada, Japan and Italy. We are
so pleased to have our original center in the City of Carlsbad. We have located our corporate storage and
distribution plant here also. We always use local contractors and professionals. Planning Systems was
our original planning consultant and has been our advisor on City matters ever since. Our business model
has truly been a corporate success story; starting with barely adequate funds to open our Carlsbad center;
to presently the most popular privately-owned indoor karting entertainment operation in the nation.
As you may know, Kl Speed caters primarily to corporations and businesses. We choose our locations in
upscale business parks. Corporations and businesses use us primarily for corporate events, team building,
departmental challenges, product launches and similar entertainment activities. Over 70% of our
customer base are adults. We also include children's league racing, however children race separately in
order to maintain fair competition amongst the groups.
Kl Speed is now in the process of applying for local and states licenses to remodel and upgrade our
concession area cafes to healthier food and to serve single-serving beer and wine (no hard alcohol) in
order to keep up with the demands of our modem corporate clientele. These modem corporate clientele
are requesting a more comfortable, relaxing atmosphere, for socializing of friends after the high-
adrenaline competing in kart racing has been completed, or for non-driving associates, parents or
guardians to relax and enjoy while friends or children are racing. We are proposing this in all of our 31
centers throughout the country. This is the first substantive change we have made to our business model
in the 13 years of our existence.
Thus, in May, the Carlsbad Planning Commission approved our CUP Amendment to enact these
improvements to the Carlsbad Kl Speed. Following this approval, we were surprised to hear that a
couple of our regular customers appealed the Planning Commission's decision to the City Council,
apparently on the grounds that the inclusion of beer and wine on our menu could encourage drinking and
driving. We understand that this appeal will be heard on your August 22 meeting agenda.
KlSPEED.com
17221 Von Karman Ave., Irvine, CA 92614
Phone: (949) 250-0242 Fax: (949) 335-9041
LOCATIONS NATIONWIDE
-
Please be aware that we have no desire whatsoever to encourage drinking of alcohol. Our rules dictate
that only customers who have completed their racing, or people who are simply accompanying a racer but
not racing, can have a beer or glass of wine with an after-race meal. We have adopted an internal
operational program, prepared as a collaborative effort with the Ontario, CA Police Department, which
will ensure this. We will not advertise or promote beer or wine on the interior or exterior of our building.
Beer and wine will simply be an additional beverage on the menu, along with at least eight meals,
appetizers and sandwich food items, all cooked on site.
Further, we run a very tight ship. We want to maintain our image as good, wholesome fun. We have no
desire to jeopardize our successful business model with changes that could cause us problems with
insurance rates, discouraged customers or other factors. Kl Speed has maintained the best safety
record with the highest liability insurance rating available for businesses of our type; including in
our two Illinois centers, our two Texas centers, our Indiana and our Washington center; all where
beer and wine are presently served with no problems. In California, to date, we have applied for
eight CUP's and none have been turned down.
Based on input from our clientele, the modem customer wants to spend some time relaxing and
socializing with friends after entertainment or sporting events. So we are asking for the
opportunity to make this minor change to our cafe menu to remain competitive with our
competition and to remain a successful corporate-oriented sports entertainment center.
In light of the above, Kl Speed hereby requests that the City Council overrule the appeal, and
confirm the Planning Commission's approval of the Kl Speed CUP Amendment.
Sincerely.
~-
David Danglard
President/CEO
Kl SPEED
cc: Kevin Crawford, City Manager
Glen Van Peski, Community & Economic Development Manager
Don Neu, City Planner
K1SPEED.com
17221 Von Karman Ave., Irvine, CA 92614
Phone: (949) 250-0242 Fax: (949) 335-9041
LOCATIONS NATIONWIDE
TO:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
CITY CLERK
DATE OF PUBLIC HEARING: -~-+---+L_...,,2<...L.·· _s= ___ L--L..1_·7'-----------
K -1 ~:I? SUBJECT:
LocAT10N: _/----'""-Q_ua~_Cc~-~=---.,____,..~~=---------L'--'-J ;+-'-;1~'-----l'-~-J)~f\..__,..____ __ _
DATE NOTICES MAILED TO PROPERTY OWNERS: __ J..:.......,.._/_J-'-t..f_,_l~f-·] __ _
NUMBER MAILED: -~3"'--lf~---
1 declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature) (DateJ
SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune
~oastNews
PUBLICATION DATE: Union Tribune
CoastNews __ :J_}_\_~-}~\-_:J ___ _
-----''--7+-----"--7t-----'--------
I declare under penalty of perjury under the laws of the S te of California that I am
employed by the City of Carlsbad in the City Clerk's OfficO/~nr.YThe regoing is true and
correct. j \
Date 71l~_\J
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council
of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 25, 2017, to consider an appeal of a
Planning Commission Action to approve an amendment to Conditional Use Permit CUP 04-
02AX1 to allow K1 Speed Indoor Kart Racing to operate a restaurant and serve beer and wine at
their facility located at 6212 Corte del Abete in Local Facilities Management Zone 5 and more
particularly described as:
Lot 3 of Carlsbad Tract No 80-34, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 10062, filed in the Office of the County Recorder of
San Diego County on April 15, 1981.
Whereas, on May 3, 2017 the City of Carlsbad Planning Commission voted 5-2 (Anderson and
Montgomery) to approve the request to allow K1 Speed Indoor Kart Racing to operate a restaurant
and serve beer and wine at their facility located at 6212 Corte del Abete in Local Facilities
Management Zone 5. The City Planner has determined that the project belongs to a class of
projects that the State Secretary of Resources has found do not have a significant impact on the
environment, and is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301 (Existing Facilities).
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the staff report will be available on and after Thursday, July 20, 2017. If you have any
questions, please contact Austin Silva in the Planning Division at (760) 602-4631 or
austin.silva@carlsbadca.gov.
If you challenge the Amendment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad,
CA 92008, at or prior to the public hearing.
CASE FILE: AMEND 2017-0002 (DEV 04-003)
CASE NAME: K1 SPEED INDOOR KART RACING
PUBLISH: FRIDAY, JULY 14, 2017
CITY OF CARLSBAD
CITY COUNCIL
SITE MAP
• N
NOT TO SCALE
K-1 Speed Indoor Kart Track
AMEND 2017-0002
5160®
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
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SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATTN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY-BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
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CARLSBAD AIRPORT CENTRE
OWNERS ASSN
21515 HAWTHORNE BLVD #310
TORRANCE CA 90503
PUBLIC STORAGE INC
PO BOX25025
GLENDALE CA 91221
SAN-GAL TRUST
550 WC ST #1820
SAN DIEGO CA 92101
PT CARLSBAD ASSOCIATES
9285 DOWDY DR#l0l
SAN DIEGO CA 92126
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IINT C OWNER LP
3950 UNIVERSITY DR #301
FAIRFAX VA 22030
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POBOX57
EL CAJON CA 92022
WELLS LLOYD H GIFT TRUST
11-24-87
17083 OLD COACH RD
POWAY CA 92064
CARLSBAD CORPORATE
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5500 TRABUCO RD #100
IRVINE CA 92620
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CALIFORNIA TRANSPLANT
SERVICES INC
5845 OWENS A VE
CARLSBAD CA 92008
PALOMAR ACQUISITIONS
PARTNERSLLC
4747 EXECUTIVE DR #410
SAN DIEGO CA 92121
CORTE DEL NOGAL PROPERTY
LLC
11444 W OLYMPIC BLVD
LOS ANGELES CA 90064
MUIRLANDS INVESTMENTS LL C
3200 B4-2 HIGHLAND A VE
NATIONAL CITY CA 91950
.A. notice has been mailed to
all property owners/occupants
listed herein.
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Appeal of K-1 Speed Indoor Kart Racing
AMEND 2017-0002
Grounds for Appeal
(CMC Section 21.54.150)
•Burden of proof is on the appellant to establish,by substantial
evidence,that grounds for granting the appeal exist.
•City Council is limited to whether there was an error or abuse
of discretion on the part of the Planning Commission in that
the decision was not supported by the facts presented to the
Planning Commission or hearing was not fair and impartial.
•May only consider evidence presented to the Planning
Commission –no new evidence.
Project Description
•Request for an amendment to CUP 04-02
•Remove condition number 15 of PC Resolution No.
5626 which prohibits alcohol sales (beer & wine)
•Allow a restaurant inside the K-1 racing facility
Project Description, continued
•Adults 21 years or older wear plastic bracelet to race
•Bracelet removed after racing, allows purchase of beer
and wine
•Adults not wearing bracelets not allowed to race
•Same process used at K1 locations in Illinois –no issues
•No additional parking required for a restaurant that is
considered accessory to a main use
KITCHEN
Project Consistency
•Planned Industrial (PI) General Plan Land Use
Designation
•Planned Industrial (P-M) Zone
•Parking Ordinance
•Conditional Use Permit Regulations
•Growth Management Ordinance
Planning Commission
•Planning Commission considered the amendment on
May 3, 2017
•Public testimony from 5 speakers opposed to project
•Concerned about alcohol consumption, especially in
conjunction with driving and children
•Planning Commission discussed operational plan,
restaurant, ABC procedures, and other businesses
allowing children in proximity to beer and wine
Planning Commission, cont’d
•Planning staff and applicant addressed questions
•Planning Commission voted to approve 5-2
(Commissioners Anderson and Montgomery opposed
due to concerns about lack of separation between
restaurant and karts, and lack of specific operational
conditions)
•Appeal filed May 12, 2017
CUP Finding
Appellant
•Adding beer and wine is not
necessary or desirable for
the community
•Not in harmony with
General Plan value of small
town feel, character and
connectedness
Staff Response
•Adding a restaurant that
serves beer and wine
•Not a bar, and will be small
part of business
•Restaurant with beer and
wine in industrial park will
not disrupt small town feel
and character
Questionable Process
Appellant
•Planning Commission
process was questionable
•Commissioner should have
recused himself
Staff Response
•Commissioner consulted
City Attorney
•Not required to recuse
himself
•No conflict of interest
General Plan Goal 2-G.18
Appellant
•Does not comply with goal
to foster community for
residents by providing: safe
streets; walkways to
schools, trails, parks and
stores; central gathering
places; and recreation
amenities for a variety of
age groups
Staff Response
•Goal refers to new
development projects
•Create walkable, safe, active
and attractive
neighborhoods
•Not applicable since it is an
existing business
Illinois K1 Speed Locations
Appellant
•Illinois facilities operate
differently with full bar
service
•Restaurant with full 2-page
menu
Staff Response
•PM Zone does not allow
bars or cocktail lounges
•Beer and wine only if served
at a restaurant
•Menu of not less than 5
main courses with
appropriate other dishes
Police Department Input
Appellant
•Staff did not solicit Police
Department input
•No data on alcohol-related
crimes
Staff Response
•Staff followed process to
solicit input from Police
Department
•Police stated they would
weigh in on the alcohol use at
the ABC hearing
•Alcohol-related crime data
provided by ABC at that time
Options
1.Deny appeal and uphold Planning Commission’s
decision (recommended)
2.Uphold appeal and overturn Planning Commission’s
decision
3.Modify Planning Commission’s decision to allow
restaurant but no beer and wine
4.Remand to Planning Commission with specific direction
for further proceedings
Recommendation
That the City Council hold a public hearing and
adopt a resolution DENYING the appeal and
UPHOLDING the Planning Commission’s
decision to approve AMEND 2017-0002.
Why Appeal Planning Commission Approval on May 3?
Staff report recommending approval did not include any analysis of alcohol
impacts, such as DUI, alcohol-related crashes, etc.
Unclear information given at Planning Commission meeting regarding whether
approval was final or if Council members could hear the issue.
Very little public input or discussion about the issue; those in attendance
expressed concerns.
This would be the first go-kart racing facility in California to sell alcohol.
The appeal was filed by the North Coastal Prevention Coalition and San Dieguito
Alliance for Drug Free Youth to allow for more thorough analysis and discussion
of this proposal.
Impacts of Alcohol
Alcohol
Motor
Vehicle
Crashes
Homicides
Unintentional
Injuries
Suicides
“There’s no single
explanation for the
increase. Researchers
point to…easily available
alcohol at restaurants and
retailers…”
0
100
200
300
400
500
600
700
2009 2010 2011 2012 2013 2014
Carlsbad Motor Vehicle Crashes
Total Fatal & Injury Speed Related Alcohol Involved
Data from the Office of Traffic Safety (2009-2014)
From 2009-2014:
•Nearly 2800 people
injured or killed in
motor vehicle crashes
•Over 700 speed
related
•273 alcohol-related
(and over half by
drivers under 35)
For 8 weekends in
a row in May and
June 2017
someone has died
in a DUI crash in
San Diego County.
Underage Drinking –Carlsbad Healthy Kids Survey
0
5
10
15
20
25
30
35
40
45
50
2003 2005 2007 2009 2011 2013 2015
Reported Past 30-day Use by 11th Graders (CUSD CHKS)
Alcohol Binge drinking Marijuana Cigarettes
Good news that
underage drinking rates
are trending down, but
alcohol remains the drug
of choice for teens, with
24% of 11th graders
reporting drinking in the
past month.
Research Recommendations Not Followed
The U.S. Task Force on Community
Prevention Services concludes that
limiting on-and off-premises
alcoholic beverage outlet
density—either by reducing current
density levels or limiting density
growth—can be an effective
means of reducing the harms
associated with excessive
alcohol consumption. It may also
provide additional benefits for
quality of life by reducing
community problems such as
loitering, public disturbances, and
vandalism. (American Journal of
Preventive Medicine, 2009)
K1 Speed Background
California Locations:
CALIFORNIA
ANAHEIM
BURBANK –OPENING 2017
CARLSBAD
DUBLIN –OPENING 2017
IRVINE
ONTARIO
SACRAMENTO
SAN DIEGO
SAN FRANCISCO
SANTA CLARA
TORRANCE
Carlsbad was first location in the
country, opening in 2003!
Has since grown to 35 locations
nationwide.
NO California locations currently
sell alcohol (in fact only 2 locations
in Chicago do).
Carlsbad location requires a change
to it’s Conditional Use Permit (CUP)
if alcohol is allowed.
K1 Goals and Philosophy
OUR BACKGROUND, GOALS, PHILOSOPHY AND MORE
Indoor karting has grown into a large industry over the last several years, not only within California, but across the nation, and we pride ourselves on playing a part. K1
Speed was one of the first companies to bring electric karts and indoor go kart tracks to Southern California, and since our first location
opened in Carlsbad in 2003, we have witnessed an explosion in the market. We see the
expansion of the industry as a validation of the sport,which as fans and participants is something that we appreciate. At K1
Speed, we are dedicated to the sport of karting, which is why we operate kart racing centers nationwide; as enthusiasts of the sport, our
aim is to make it as accessible as possible!
The premise behind the creation of K1 Speed was to offer enthusiasts and amateurs alike an authentic and genuine
racing experience in a safe, comfortable, accessible and perhaps most importantly, unique environment. Utilizing advanced European electric karts and
indoor asphalt tracks, K1 Speed quickly developed a reputation as being fun and exciting, and our growth has been continuous since we first opened our doors. In
addition to our Arrive and Drive racing option, which allows individuals to visit our indoor karting centers anytime and experience the thrill of racing, we also
offer racing leagues and a variety of packages for corporate events and group parties, which have proven quite popular. To meet the needs of customers
and kart racing enthusiasts who demand more, we also have a Pro Shop –K1 Race Gear –which carries everything that a karter might need to compete at the
track. At K1 Speed, our goal is to be synonymous with karting, and we think that we are on our way!
https://www.k1speed.com/about-us.html
Alcohol sales and service is serious business! Does it really fit in this business
model, which is “dedicated to the sport of karting”?
Alcohol Licensed Businesses in Carlsbad
Carlsbad has nearly
150 on-sale
licenses for bars,
restaurants, and
breweries, and
over 30 of them
have been issued
since 2015
K1 Speed
6212 Corte Del Abeto
K1 Speed in Carlsbad –What are people saying?
K1 Speed in Carlsbad –Survey Results
•Over 400 responses, about half have been to K1 Speed.
•65% opposed to alcohol at K1 Speed; just under 20% support, and 16% unsure.
•Top concerns:
•Customers driving after drinking (50%)
•Promoting racing and alcohol sends a mixed message (50%)
•Unsafe environment for youth and/or other drivers (50%)
•55% of respondents are Carlsbad residents, primarily adults.
Nearly 60% of Carlsbad residents oppose alcohol at
K1 Speed
Nearly 60% of those who have been to K1 Speed
oppose alcohol sales
K1 Speed in Carlsbad –Comments
34 people provided comments
•75% opposed (25)
•25% support (8)
K1 Speed in Carlsbad –Sample Comments Support
•I like K1 speed. As long as the drinking is only allowed AFTER racing and not
before, I think this would be a fun idea.
•Seems very much like a bowling alley, they have bars, server adults, have kids
and adults side by side. Give a guy a brake, have a beer while the kid drive
around.
•If restaurants and bars can sell alcohol, why can't K1?
•Alcohol sales would be great for your business. I believe it would be most
appropriate to sell alcohol with strict limitations because of the type of
environment you have/want to promote.
K1 Speed in Carlsbad –Sample Comments Opposed
to Alcohol
•It’s a HORRIBLE idea to sell alcohol there!!!
•Alcohol would alter a fun for the whole family vibe.
•This sets a dangerous precedent for K1 Racing locations across the state
•Too much alcohol; availability, marketing, and promotion is oversaturated.
We need to reduce access to alcohol, not increase it.
•Increase revenue another way, get creative. Seems dangerous to mix
alcohol with race car driving. If it were a spectator sport that would be a
different scenario.
K1 Speed in Carlsbad –Comments Opposed (cont.)
•I've been here many times, love the venue. Alcohol would RUIN the family
environment and send a dangerous and irresponsible message to
impressionable youth.
•I don't know why we need to promote alcohol w/ kids play places (I know adults
can play there too) but what msg. are we promoting to our youth? Alcohol has to
be consumed to have a good time? Things aren't fun w/out alcohol? Come on
parents you don't need a beer or wine at EVERY function. Just enjoy your kids in
real life not a numbing altering state of mind.
•K1 speed -an establishment where fast driving is the center of their business -
should not be allowed to sell alcohol, it promotes 2 behaviors that should never
mix.
Does being the first city in California to
allow alcohol sales at a go-kart racing
facility fit within the values of Carlsbad’s
Vision?