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HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56261 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 PLANNING COMMISSION RESOLUTION NO. 5626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR KART TRACK ON PROPERTY LOCATED AT 6212 CORTE DEL ABET0 IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CASE NO.: CUP 04-02 K-1 SPEED INDOOR KART TRACK WHEREAS, David Danglard, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by McRouskey Family Revocable Trust, “Owner,” described as Lot 3 of Carlsbad Tract No. 80-34, in the City of Carlsbad, County of San Diego, sate of California, according to map thereof no. 10062, filed in the office of the County recorded of San Diego on April 15, 1982, as file no. 81-115130 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) “A” -“D” dated June 2, 2004, on file in the Planning Department, K-1 SPEED INDOOR KART TRACK - CUP 04-02, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of June 2004, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES K-1 SPEED INDOOR KART TRACK - CUP 04-02, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the development of an indoor kart track would be consistent with the General Plan implementing policy C.9 under the Industrial land use designation, “allowing ancillary commercial and recreation uses when clearly oriented to support industrial developments and their populations” in that it would serve the industrial businesses and populations through team building and company events as well as provide employees of the industrial parks a recreational outlet during the day and evenings. That the site for the intended use is adequate in size and shape to accommodate the use, in that the existing building will accommodate the proposed facilities and that parking is adequate. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the minor site changes within the existing parking lot will not result in any changes to yards, setbacks, walls and fences, landscaping, or other features. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed on-site circulation is existing and is adequate and that the proposed use will not detrimentally impact the existing street system. That it is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center, in that the proposed indoor kart track is an ancillary use that primarily supports the industrial park and it’s populations. The indoor kart track will be patronized by users primarily from the industrial park. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found to be a statutory exemption from the requirement for the preparation of environmental documents pursuant to Section 15301- Existing Facilities of the state CEQA Guidelines. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RES0 NO. 5626 -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 Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to Buildin Permits. 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 Wher condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 04-02 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PC RES0 NO. 5626 -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 7. 8. 9. 10. 11. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. a. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. At the time of the annual review the applicant shall submit data indicating business use detailing the makeup of the user groups who are utilizing the facility. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. b. This Conditional Use Permit is granted for a period of five (5) years from June 16, 2004 to June 15, 2009. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. The applicant shall limit the hours of operation to the following: Monday 11:OO a.m. to 9:OO p.m. Tuesday - Thursday 11:OO a.m. to 10:OOp.m. Friday 11:OO a.m. to 11:OO p.m. Saturday 9:OO a.m. to 11:OO p.m. Sunday Limited to appointment and membership only PC RES0 NO. 5626 -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 12. 13. 14. 15. 16. 17. 18. The applicant shall limit all driving participants to a minimum of 18 years of age with a valid driver’s license, with the exception of Junior League racing which is limited to minors between the ages of 10-17 years of age, and shall have the hours of operation limited to 2 hours each on Saturdays and Sundays. No outdoor events, fundraisers, tent sales, demos, etc. shall be allowed on site. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. No alcohol sales or catering of alcohol shall be allowed on site. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Signage shall be oriented to Corte del Abeto and no offsite site signage shall be allowed. The approval of CUP 04-02 and Resolution 5626 will void previously approved CUP 03-13 and Resolution 5442. Prior to the issuance of the Building Permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution(s) No. 5626 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 Planning Director 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. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5626 -5- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of June 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery and Segall NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None MELiSSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILL~ Planning Director PC RES0 NO. 5626 -6-