HomeMy WebLinkAbout1981-04-22; Planning Commission; ; CUP 42H - CARLSBAD RACEWAY - CARLSBAD CHAMBER OF COMMMERCESTAFF REPORT
DATE: April 22, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: CUP-42{H), CARLSBAD CHAMBER OF COMMERCE -Request for
approval of an amendment to a Conditional Use Permit to
sell beer at the U.S. Gran Prix Motocross, at the
Carlsbad Raceway on the north side of Palomar Airport
Road, west of Linda Vista Drive in the C-2 zone.
I. PROJECT DESCRIPTION
The applicant is requesting approval of a Conditional Use Permit
to operate and sell beer, from stands, at the U.S. Gran Prix
Motocross, at the Carlsbad Raceway, located, as described above.
The applicant is proposing to dispense beer and soft drinks from
six to nine temporary booths on June 20 and 21, 1981. The
proceeds from the beer sales would be used by the Chamber of
Commerce to support various community functions.
The U.S. Gran Prix Motocross is a major two day racing event
held annually at the Carlsbad Raceway. The applicant is
requesting approval for a Conditional Use Permit for a period of
five years, to sell beer at this event, two days per year.
Please see attached letter dated March 4, 1981, from the
Carlsbad Chamber of Commerce.
A similar request was made in August 1966 to amend the existing
conditional use permit to allow the sale of beer at motorcycle
racing events. The Planning Commission denied the request
stating that it was not in the best interests of the community
and that no evidence was presented indicating there was a demand
for the request. A second request, for sale of beer on the
premises, was also also denied in 1969, for the reasons
previously stated.
II. ANALYSIS
Planning Issues
1) Can the required findings, for approval of a
conditional use permit, be made? Specifically:
a) 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
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detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is
to be located:
b) That the site for the intended use is adequate in
size and shape to accommodate the use;
c) That all of the yards, setbacks, walls, fences, land-
scaping, and other features necessary to adjust the
requested use to existing or permitted future uses
in the neighborhood will be provided and maintained;
d) That the street system serving the proposed use is
adequate to properly handle all traffic generated by
the proposed use.
DISCUSSION
Given the nature of this request, staff felt that the required
findings for approval of a conditional use permit were not
always applicable, nor did they generally address all concerns
pertaining to the proposed use. Upon consulting with the Police
Department, staff had several serious concerns regarding
potential problems resulting from the on-site sale of beer. The
attached memo from the Chief of Police, dated April 8, 1981,
enumerates some of the existing and potential difficulties which
may arise from approval of the requested use.
With these concerns in mind, staff was unable to make the
applicable findings for approval of the conditional use permit.
Although there appears to be some demand for the sale of beer, at
the raceway, staff could not find that the requested use was
necessary or desirable for the development of the community.
Presently, many spectators bring their own beer, although this is
technically not permitted by the management. The presence of
alcohol has contributed to problems at the event in past years,
as discussed in the attached memo from the Police Chief. The
increased availability of alcohol would only exacerbate the
potential for disturbances.
Staff was also concerned as the event is regularly attended by a
large number of minors. Inevitably a certain portion of the
beer will find its way to this group. The dispensing of beer,
at the raceway, would provide additional availability to all
groups.
Staff had further concern regarding the potential impact of the
increased availability of beer on the anticipated traffic
congestion. The Chamber of Commerce has estimated that the
event will draw about 3,500 to 5,000 people, (conservatively),
on Saturday, and up to 30,000 to 40,000 people on the Sunday
race day. Although the estimate for Sunday would seem quite
high, large numbers of people, vehicles and attendant traffic
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congestion can be anticipated. Staff feels that the availability
of alcohol would increase the likelihood of drunk-drivers, and
would compound the problems of traffic congestion, on-site and on
the street system serving the Raceway.
With respect to the remaining findings, required for approval of
the conditional use permit, staff felt they were, generally, not
applicable. The proposed use is not addressed by the various
elements and objectives of the General Plan. The sale of beer
would probably not be detrimental to existing uses, although some
damage, to the raceway and surrounding properties, could result
from increased drunkenness.
Staff's final concern pertained to the establishment of a
precedent for the sale of alcoholic beverages at the Raceway.
Although this specific request involves only two days per year,
staff would anticipate an influx of similar requests should this
permit be granted.
It is staff's opinion that the requested use is not desirable for
the development of the community and that establishing a
precedent for the sale of alcohol could expand potential problems
at the Raceway and surrounding properties and streets.
III. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is
categorically exempt from environmental review according to
Section 19.04.070(f)(3) of the Carlsbad Environmental Ordinance.
IV. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
No. 1801, DENYING CUP-42(H), based on the findings contained
therein.
Should the Planning Commission decide to approve CUP-42(H), an
alternative resolution of approval (Resolution No. 1801) has
been attached.
ATTACHMENTS
1) PC Resolution No. 1801 (Denying Project)
2) Letter, Carlsbad Chamber of Commerce, dated March 4, 1981
3) Memorandum from Chief of Police, dated April 8, 1981
4) Background Data Sheet
S) Location Map
6) Exhibit "A" and "B", dated March 22, 1981
7) PC Resolution No. 1801 (Alternate Resolution Approving
Project).
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PLANNING COMMISSION RESOLUTION NO. 1801
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL
USE PERMIT TO SELL BEER AT THE U.S. GRAN PRIX
MOTOCROSS, AT THE CARLSBAD RACEWAY, ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR
AIRPORT ROAD WEST OF LINDA VISTA DRIVE
APPLICANT: CARLSBAD CHAMBER OF COMMERCE
CASE NO: CUP-42(H)
WHEREAS, a verified application has been filed with the
city of Carlsbad and referred to the Planning commission;
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal
Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on the 22nd day of April,
1981, hold a duly noticed Public Hearing to consider said
application on property described as:
The south 1/2 of the northwest 1/4 and the
southwest 1/4 of the northeast 1/4 of Section 18,
Township 12 South, Range 3 West.
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 CUP-42(H).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public
hearing, the Commission DENIES CUP-42(H) based on the
following findings:
Findings
1) That the requested use is not necessary or desirable for
the development of the community as follows:
• •
l A) The on-site sale of beer would increase the
potential for alcohol related incidents requiring
2 police intervention.
3 B) The on-site sale of beer would increase the
availability of alcohol to minors.
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C) The on-site sale of beer would increase the potential
for drunk drivers, thereby adversely impacting traffic
congestion and the street system.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
on the 22nd day of April, 1981, by the following vote:
AYES:
NOES:
Chairman Marcus, Commissioners Farrow, Schlehuber,
and Jose.
None.
ABSENT: Commissioner Friestedt.
ABSTAIN:commissioners Rornbotis and L'Heureux.
ATTEST:
",,
ary
COMMISSION
PC RESO #1801 2-
CUS, Chairman
PLANNING COMMISSION
CARLSBAD CHAMBER OF COMMERCE
POST OFFICE BOX 1605 • CARLSBAD, CALIFORNIA 92008
March 4, 1981
Planning Commission
city of Carlsbad
1200 Elm Avenue
Carlsbad, Ca. 92008
Dear Planning Commissioners:
(714) 729-5924
The Carlsbad Chamber of Commerce hereby applies for a Conditional
use Permit for the purpose of selling beer and soft drinks at the
u.s. Gran Prix Motocross on June 20 and June 21, 1981. The Chamber
has worked.with the developer/promoter of the event and with the
ownership of the land, in developing~this proposal.
The Chamber proposes to use temporary booths (see drawing) from
which to dispense the beverages to persons (21 years of age and
over) in attendance at the event, in accordance with the State
of California laws dealing with alcoholic beverages. Provisions
have been made to set up from six to nine booths at locations
around the race. course, convenient to the attendees.
At the present time, many attendees bring beer to the event in a
variety of cooling containers. With permission to sell beer at
the event, it is our hope to reduce this course of action and the
conditions for individuals potentially involved in a drinking and
driving situation off the site. In discussions with the Carlsbad
Police Chief, arrangements are being made for the policing of the
event by Carlsbad's off duty police and regular police officers in
uniform to handle any circumstances that might arise from the event.
Every major sporting event around the country has beer for sale to
the general public, within the guidelines of their own state laws.
The exception is the U.S. Gran Prix Motocross held in Carlsbad. Beer
is being consumed, but has not been a problem to date. We are work-
ing with a major beer distributor for sponsorship for part of the
U.S. Gran Prix Motocross to provide live and taped coverage of the
event on national television, bringing greater focus on Carlsbad
and the event. With the sponsorship announcement, we would hope to
include information that beer would be sold on the site, thus try-
ing to discourage individuals from having beer in their autos.
The distributor of soft drinks has offered to provide temporary
booths for the use by the Chamber. If necessary, we are prepared
to construct temporary booths for the occasion. We plan to use
"horse tanks" for cooling the beer with ice. We would use cans
rather than cups of beer from kegs to reduce the amount of litter
that would accumulate by the use of paper products. We plan to
recycle the aluminum as an added conservation measure.
CARLSBAD CHAMBER OF COMMERCE -OFFICES, ELM AVENUE AT OLD SANTA FE DEPOT
Planning Commission
City of Carlsbad
March 4, 1981
Page #2
The Chamber is prepared to fill the requests of many attendees of
the u. S. Gran Prix Motocross. When the temperatures reach the
century mark on race day, as they often have, the people at the
event have asked for beer and soft drinks to quench their thirst.
soft drinks have been available in the past through other vendors,
but beer had not been served.
The Chamber hopes to generate funds from the sale of the beer and
soft drinks for use in the operations of the Chamber and for local
service programs which benefit the entire community. This event
would give the Chamber the opportunity to sell to people from all
over the state and nation that come to the event, leaving additional
dollars here in Carlsbad, rather than relying on the local business
members and the Carlsbad citizens to support various programs and
activities.
Volunteer help to operate the booths will come from Chamber members.
Jeff Chandler, a Chamber Director will be in charge of the program
with assistance from his committee. We feel this is an opportunity
for many Chamber members to participate in an event that will in the
end benefit the total community. workers will be given a full
orientation of A.B.C. rules and regulations with regard to dispensing
of beer and the problem of minors. Adequate signing will be provided
to inform the young people that they must meet age requirements in
order to purchase beer. Police will be on the scene for enforcement,
if necessary.
The Carlsbad Chamber of Commerce requests favorable action by the
Planning Com..~ission on this request and will be in attendance at
any meetings necessary to answer questions or work with the staff
as need be.
If you have any questions, please contact this office.
Don J. rown
Executive Vice President
P. S. This application for a Conditional Use Permit would be for
a period of five years, subject to review by the City Planning
Commission and Police Departments on an annual basis.
---·
MEMORANDUM
'ID: James Hagaman
Planning Director
DATE: April 8, 1981
FROM: Vincent D. Jimno, Chief of Police
SUBJOCT: CHAMBER OF cniMERCE REQUFSr 'IO SELL
.ALCDHOLIC BEVERAGES AT THE K7IOCROSS
The request to serve alcoholic beverages at the M::>tocross by the Carlsbad
Chamber of O:mnerce is presently under consideration by the City. The Police
Department is not generally favorable towards this request. 'Ille past operation
of the Motocross has been without the on-site sale of alcoholic beverages.
However, it has resulted in a self limiting process. Only the annunt that has
been carried in is coilSUIOOd. With the request for on-site sale and consmnption
readily available to those spectators who would not no:nmlly have brought their
own, and additionally offering a propensity for over indulgence. The Police
Departrrent, in review of past M::>tocross critiques, is well aware that an over-
whelming majority of incidents originating at the Race Way (Motocross) a.re
alcohol related.
Every year during the trk>tocross law enforcarent officers handle spectators
who becane involved in fight disturbances usually resulting in injury, persons
who are considered under the influence of alcohol ( drunk in public) thefts of
personal and private property. Recent t.btocross records show arrests for
assault, drunk in public, reckless driving, driving under the influence of
alcohol and narcotic violations. There have been times when the Police respond
to a trouble area (fight) that they are rret with a hostile cro\\tl; fortunately,
discretionary tactics have prevented any serious outbreaks or injuries.
With1he proposed request by the Chamber of Q:mnerce, it is evident that
the additional availability of alcohol, coolbined with the usual high heat which
intensifies the effect of alcohol, will greatly reduce the ability of the Police
Departrrent to control and defuse potentially hazardous situations. 'lb.e Chamber
of Ccmoorce should also carefully consider the liability prior to embarking into
this proposal. Also, the negative publicity possibility if an incident was to
be correlated to the consumption of alcohol sold by the Chamber at this event.
Additional staff study has shown that with the approval of the <lumber of
0:mnerce request, the Police Depar1ment will need to provide six additional
regular officers to the canplenent already planned to provide for anticipated
service levels. 'Ibis is believed to be minimal staff additions to rmintain
the public safety.
Should the request be approved, and subsequent licesnes issued, it is
recoornended that the pramters or consessions be required to pay for additional
staff necessary to provide the police protection, and the pramters be required
to canply to the necessary rranpower levels as approved by the Chief of Police.
Thirdly, that the concessionaire or pramter provide adequate liability insurance
covering the City against any liability. Finally, the Chief of Police have final
authority as to the hour of closing the alcoholic beverage concessions.
fg
BACKGOOUND DATA SHEE:r
CASE NO: CUP-42 (H)
APPLICANT: CHAMBER OF CCMMERCE
REQUEST AND I.OCATION: Operate and sell beer at the U.S. Gran Prix ?btocross, north
side of Palarar Airport Road between El.Camino Real and east city limits.
LEGAI.. DF.SCRIPrION: 'lhe south J_/2 of the northwest 1/4 and the southwest l /4 of the
northeast 1/4 of Section 18, Township 12 South, Range 3 west.
Assessors Parcel Nlmlber: 221 011 -
010
03 & 04
22 --2=2"""'1,--
Acres 44 No. of Lots 1 -----~------
GENERAL PLAN AND ZONING
General Plan Land Use Designation IC (Recreational C'..amtercial)
Density Allaved N/A ----------Density Proposed _.....:N~/_A ___ _
C-2 Existing Zone· -------------Proposed Zone N/A ----'------
Surrounding Zoning and Land Use:
Zoning
North Vista
South P-C
East County
West Vista
Land Use
PUBLIC FACILITIES
School District
Water District
Sewer District
N/A
Buena Colorado
Palanar Airport Drainage Basin EDU's -------------------'-------
Public Facilities Fee Agreement, dated __ N_/A ______________ _
(Other: ) -------------------------------
ENVIRONMENTAL IMPACT ASSESSMENI'
Negative Declaration, issued Log No. ------------
E.I.R. Certified, dated ---------------
Other, EXEMPT, SECTION 19.04.070 (f) (3)
To Los Angeles
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TORREY PINES
COUNTRY CLUB
ISLANDIA HYATT HOUSE
Genesse
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Seaworld Dr.
/ RIVER VALLEY
SPORTS CENTER
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Taylor Street Cut-off
M,ss•0n Bay Dr
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~ PALOMAR AIRPORT RD.
L DH:.G ST RIP
VIP P:.R KING
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