HomeMy WebLinkAbout2017-05-03; Planning Commission; Resolution 7240
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING 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 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: K1 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 – K1 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:
PLANNING COMMISSION RESOLUTION NO. 7240
PC RESO NO. 7240 -2-
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
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 – K1 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. 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.
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 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.
4. 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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance.
PC RESO NO. 7240 -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
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City’s approval of this Conditional Use Permit
Amendment.
2. 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.
3. 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 CFD
#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.
4. 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.
5. 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.
6. 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 -4-
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
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. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
10. 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 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.
. . .
. . .
1
2
3
4
5
6
7
8
9
10
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
12
13 ATIEST:
14
15 -f.v DON NEU
16 City Planner
17
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 7240 -5-