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HomeMy WebLinkAboutCUP 42E; Carlsbad Raceway; Conditional Use Permit (CUP) (21)_-- MEMORANDUM November 9, 1977 TO: Planning Commission FROM: Planning Department SUBJECT: NOISE COMPLAINT - CARLSBAD SKATEBOARD PARK Attached is a letter from Mr. Ledri addressed to the Planning Commission. Mr. Ledri indicates that excessive noise is emin- ating from the Skateboard Park, from loud speakers, and he wishes the Planning Commission to review the problem. The site is situated on the north side of Palomar Airport Road east of El Camino on the easterly portion of the Carlsbad Race- way. , The Conditional Use Permit-for this Skateboard - Park was approved by the Planning Commission -r . The rego- lution of approval does not contain conditions regulating noise _I- (See attached Resolution No. 1213). Evidently it was the feeling of the Planning Commission that skateboarding would not cause noise problems, especially in this area that has motor racing. Unfortunately, we did not anticipate the loud speakers. Staff acknowledges that Mr. Ledri has contacted this office at least four times about the loud music. Since there is no condition on the Conditional Use Permi,t, the first complaint was referred to the Police Department. On sub- sequent complaints, the Planning staff contacted Roy Sloan, the developer of the park construction. Mr. Sloan said the problem would be rectified by turning the volume down. Unfortunately, Mr. Sloan does not have control of the loud speakers if he is not at the site itself. Evidently, some of the employees on some occasions do increase the volume and play music over the loud speakers. Staff has investigated the area and discussed this matter with the nearest residents that are on Poinsettia Avenue and Linda Vista Drive. It appears that the loud speakers of the Skateboard Park cannot be heard from any existing resi- dences in the area. The loud speakers can, however, be heard from some nearby farm areas and Mr, Ledri’s nursery. His nursery is situated directly east, on a hill overlooking the Skateboard Park. Mr. Ledri’s property is within the City boundary and is zoned R-A-10,000. -2- This is a residential-agricultural zone which permits a nursery and residential uses. Although no one lives on the nursery site at this time, Mr. Ledri has submitted an application for a build- ing permit to build a single family home on this site. There- fore, Mr. Ledri has reason to be concerned about the excessive noise of the Skateboard Park. Since the Conditional Use Permit for the Skateboard Park and the Master CUP for the motor speedway have no conditions regu- lating noise control, the applicant is not presently in violat- ion of the CUP. Staff has been relatively pleased with the operator's attempt to reduce the noise in the past, since re- ductions were done by our request. However, it is apparent that the employees will not keep the loud speakers at a reason- able level. The Commission may wish to request or require that the Skateboard Park remove the loud speakers or replace them with low-volume speakers. The Planning Commission's options are: 1) Direct staff to work with the operator of the Skateboard Park to remove the present speakers or replace them with low-volume speakers. 2) Adopt Resolution of Intention to open the CUP to ascertain if there is a noise problem and, if there is, what can be be done to solve it. Recommendat ion Staff recommends that the Planning Commission direct staff to work with the operator of the Skateboard to reduce noise cre- ated by the loud speakers and report back tothe Planning Com- mission in 3 months. If the Planning Commission is not satis- fied with the results, the Planning Commission may request that this CUP be reopened to determine if there is a problem with noise, and if so, what mitigating measures can be taken. BP : nm Attachments: Resolution No. 1213 Letter from Hans S. Ledri, dated 10/18/77 Location Map