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HomeMy WebLinkAboutCUP 42H; Carlsbad Raceway; Conditional Use Permit (CUP)~. . . . (149ense Type or Print) 2) .' 3) .- . .. -. . .4j 5) . 7) -'-- - -.-I------ ,I REQUEST: Conditional Use Permit to Op6rate and sell beer from stands at the U.S. Grand Prix Motocross On June 20 and June 21, 1981 and on the dates of the Motocross -7SrJ-efiy e>;iJhin 1 i I --------"-- - I -- ---------- for the next five (5) years, not to exceed two days per year. .--_.----- I t! .LOCATION: Tke subject propcxty is gcner2ll.y lacatcd on the I, North side of Palomar Airportbetween El Camino Real and I1 II md east city limits oh property known as the Carlsbad Raceway - -- -- --__c- Page - Parcel I/ Cr --_I_ I ASSESSGR'S XUMEER: Book * list on botto~,! of this page). Person Respocsibie for Preparation of Plan: Name -- Address City Zi.0 -- Phone _.__~ 'Don J. Brown Old Santa-Fe Staw (3rLsbad.92nas-.m5924- - ---- P.D. Box 1605 Registration or License No- - Applicant's Siqnature: I HEREBY DECLARE THAT A APPLICATION IS TRUE; AND FIAT ALL STAPJDARD CONDITIONS AS INDICATED ON THE ATTACIIMENT HAVE BEEN READ, UNDERSTOOIj ?&iD AGIIEED TO. i -. h If after tlic inforrnaLion bou have suhnittccl has been revie-zd, it is determitied that further jnformatioii is required, you will ba so advised. .. ~PLICN~: -Cads 6ad CXanebP/ Name (individual, partnership, join??%%ure, corporation, syndication) PY@P- AGENT : t 729 - 592p hone Number HEXREKS : GtPOr4A.f& Lki*$@/ /r ) Name (individual, phrtner, joid Home Address venture, corporation, syndication) Telephoxe flitnber Telephone Number . 1 .. Name Home Address Business Addrcss -- 'r'elcphone idu;ni>er Telephone Nunber (Attach more sheets if necessary) .. Ihlc declare under penalty of pcrjury that the information contained in this dic- closure is true and correct and that it will rcmain true and correct and may be . relied upon as bcing true and correct until amcnded. I. BY Agent, Owner, Partrlcr .. . SUPPLEflEGTAL I NFGRf.lAT I0F.l FORM CONDITIONAL USE PERMIT I) Gros:, Acres (or square footage if less than acre) 2) ?one , 3:) General Plan Land Usc Dcsignatiqn k7C -. 4) The Present Use of the Subject Property Carbbad partway I . 5) 8y law a Conditional Use Permit nray,be approved only if certain facts arc found to exist. Please rc3d these required facts carefully and explain how ihc proposed project mt?ets each of these fccts. Use additional sheets if necessary: * a) Explain why the requested use is necessary or desirable & for the ievelopncnt of the cc:iiriiQnity, is essentially in h;rmony with Lklc various clerncnts and objectives of the Genera? ?7a11, and is not dctrincntal to existinq uses or to uses sp3cifically * # c) Explain k;hy you believe the Droposed yards, setbacks, walls fences, landscapicq, ctc., will be adequate to adjust the requested us? to existinp or permitted future uses neighborhcod: P/osenf. a f!%a 1c c. bPG a are* w i-& mr e Q mLS+2=eci-,t2ayms+ S *#2uzEiwu hf/fS . d) Explain why you bclicvc the strcet systcni servinq the proposed IJ:C is adequ~tt to properly handle a11 traffic gen r- attd by tho &vG ad awJc LW&V Cad F /9/ Qf u.S.Gf@d To Los Angeles / ' OCEANSIDE \\ ROYAL SCOTl \ \\ I 1 7 r.eccrding rcturn to: .. I of 'Carlsbad Elm k/c. L.. 9 AGREENENT CETWEEN OTd'XER, DEVELOPER ANI). TfIE CITY OF CARLSDAD FOR Tl!E 'PAYPjENT. OF A PUDT,IC FACILITIES FEE bad, CA. 92008 .. .. .. THIS AGREEI-lENT is entered into this ,+hi day oi M/~RC# I- -. .. hereinafter referred to as "Dcvelo~er" whose address is r. (Corporation, etc.) .$ I -hereinafter referred. to as "Owner" whose address is .. s8n Mba;m G. 92 a6 9. I (city, state, zip code) AND the CITY OF' CARLSGAD, a rnunicj-pal corporation of the State of California, hercinaftcr rcfcrrcd to as "City", whose address .is 1200 Elm Avenue, Carlshad, California, 32008. , on REC I TALS -. 4 WIIEREAS, Owner 5-s thc owner of the rcal property described Exhibit "-A1'l attaclicd to and madc a part of this 'agrccmcnt, and hcrcinaltcr rcfcrrcd to as "Property" ; 'and' . .:. 4 '. .' \ .. WIIEREAS, the Property lies within the boundaries of City; and ' WIEREAS I Developcr has, contracted with Owner. to LJSe the Property and proposes a development project as follows: erecf '0 on said Property, which development carries the proposed name of hereinafter referred to as "Development" ; and 14HEREAS, Developer filed on the #$f day of' &Ch. * I 19 - $/ , with the City a request for u.~Ghv p//x oB r/o wdG =ne ir,*/~8/ (hereinafter referred to as "Request" ; and Sed a 71 +A Sefcr/day 1 &e 20 and Sdwdsq U !WEREhS, the Public Facilities Element of :the City General Plan requires that the City Council find that all pllhlic facilities t necessary 'to ser./e a de'velopmqnt .. will. be available concurren': with *. * .. *'. need'or such de&lopment shall not 'be approved (said element is on . . file with the City Clerk and inc'orporatcd by this reference) ;. and -WHEREF.S, Developer I Owner and City. recogn'ize the correctness of Coun'cil Policy NO. 17, dated August 29, 1979, on file with the City Clerk and. i ncorporatcd by thi s reference, and that the Ci ty '3 pub1 i c fsci 1 i ti cs and sc'rvi .. ces are 'at capacity and wili not be .available to accommodate the additional nced for public Pacilitics and scrviccs resulting from . the proposed Development; and ' WIISRISAS, Dcvcl.oper and Owncr have asked tlic City to find that '.publj.c facilities and scrviccs will bc available to mcct the future. '. .. ,.I + . *- \ .. . :j I* '. Developer and Owner am aware that th? City cannot and will not be able to make any such findings without financj.al assi.stance to pay for such services and facilities; and, thereforc;Developer and Owner propose to help satisfy the General Plan as implemented by . .. Council Policy No. 17 by payment of a public facilit'ies fee. . NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the partics agree as follows: '. 1. The Dcvc'lopcr and Owncr shall pay to 'the City a public 1 facilities fee in an permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. amount not to exceed 2% of the building . .. The fec.shall be paid *prior'to the issuance of building or other construction permits for the dcvel-opmcnt and shall he based on .the .valGation at that time. This fee shall be in addition to any fees, dedications or improvements 'required pursuant to Titles 18,. -20 or 21 of the Carlsbad Nunicipal 8 Code. A credit to:srard such fee shall be given for land which has *. been dedicated for park purposes or.for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad'Municipal Code. Developer and Owncr shall pay a fee for conversion of existing buildipgs or structures into condominiums in an amount not to .. exceed 2% of tlic building pcrinit valuation at the time of conversion. The Tee for a condominium convcrsion sliinll he paid prior to the issuance of a condomhiurn conversion permit as provided in Chapter .. * 21.4'7 of thc Cnrlsbad Municipal Code. Condominium shall fnclude conununity apnI.-tmcni: or stock cooperative. The terms "other construction * 'I 3. .. ._ 1 0. .. . used in ibis agrccment, exccpt in reference to mohilchomc sites or . projects, shall not refer to.gradincj permits or other permits for the construction of underground or street improvcmcnts unless no .. other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner*shall pay to ' City a public 'facilities fee in the sum of $1,150 for each mobilc- home space to be constructed pursuant to the Request. The fee shall be paid prior to the issuancc of' building or other construction 1 .permits for the development. This fee shall be in addition to any fees; .dedications or improvements rcduired according to Titles 18, . . 20 or 21 of the Cnrlsbad ilunikipal Code. A credit toward such' .fee shall be given for lanci whic1i.has been dcdicatcd for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.14 of the Carlsbad lilunicipal Code. .. i 2. 'The Developer and Oibner mz;y offer to donate a site or '. .. 0. * -. -sites for public hcilities in lie6 of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and , Owner offer- to donate a site or sites for'pyblic facilities, the' . City shall consider, bu-k is not obligated to accept the offer. The t%mc for donation and amount of credit against the fee shall be deterinincd by City prior to the issuance of any building or other ' .. .. ' permits. Such determination, vhen made,. shall bccornc a part of * this agrccment. Sites donated unclcr this paragraph shall not include improvcmcnts' rcquircd pursuant to Titles 10 or 20 'of the 8 ~nr~.sbcd Municipal code. .. 3. '$his agrccmcnt and t)ic fce paid'pursunnt hcrcto arc kcquircd to cnsurc (hc consis;cncy of tlic -. Dcvcl.opmcnt with the .. .. .. *- City's GcnerAl Plan. City will not have the funds to provide public facilities and services, and the Dcvelopmcnt will not be consist;cnt'with the General. Plan and If the fee is not paid as provided herein, the any approval or permit. for the Development shall he void. No building - OK other const-ruction permit or entitlerncnt for use shall be issued until the public facilities fee required by this agreement is paid. 4. ,-City ayrecs to deposit the 'fees paid pursuant to this *. agreement in a public' facilities fund for the financling of public facil-ities when.the City Council determines the need exists to provide the facilities and sufficient funds fkm the payment of this and similar public facilities-fees are available. . 5. City .zgrces to provide upon request reasonable assurances .. to enable Dcvcloper and Owner to 'corriply v7ith 'ahy requirements of other public ciyencies as evidence of adequate public facilities and 1 services sufficient to accominod6tc ihe needs of the Development. . herein descrihea. 6. All obligations hereunder shall terminate in the* event . the Requests made by Dcvelopcr and Owner arc 'not approved. 3. Any notice from one party to the other shall be in writing, and shall be datcd and signed by the party giving such notice or by a duly authori'zcd .. . representative of' such party. such 'notice shall not be effective for any purpose whatsoever Any unlcss sexvcd in one of tlic following mmiicr's :. 7.1 Xf notice is givcn to 'the City by personal dclivcry . thcrcof to the City or by depositing samc in thc United Statcs : 14ai.1, addrcsscd to. the City at thc address sct forth hcrcin, ' 5. .. .. . .. a . ..' . 9, .. enclosed in a sealed envelope, addressed - / . .' to the City for attention .. of the City Kanager, postage prepaid and certified, . 7.2 .If notice is given to Developer by personal delivery *thereof to Devclopcr or by depositing the same in the. United States Nail,. enclosed in a sealed envelope, addressed. to Devcloper at the address as may have been designated, postage prepaid and certified. . '7.3 If notice is given to Owner by personal delivery .. I thereof to.Owiicr or by depositing sam~ in the United States Mail, ' enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other addresg as may have been 'designated, .. '. -postage prepaid and certified. * 13. This agrcenicnt shall be hhdinj upon :and shall irhre to the benefit Of j and shall apply'to, the respective successors and assigns of Developer, 0;mcr and..t;hc City, ancl references to Developer, Owlicr' or City herein shall he deemed to be referehcc to and include . their respective successors and assigns without specific mention of such ,successors and assigns. If Developer shou3.d cease to have any .. .. '. ' '. interest 5-n the Property, all obligations of Developer hereunder ctiaI.1 tcrininate ; provided, however, that any successor of Developer ' s , ... ' fntcrcst in the Propcrty shall. have first assumed in writing the .. .. . Developer ' s obligations hereunder. At such tirnc! as Owner ccascs to have any interest .in the Propcxty , all obligations of Owner Iicrcuntlcr sliall termiiia~~c; -. ., I providcd, howcvcr, that if any succcssor to thc Owiicr's interest in **' the Propcrty is a strangcr .to this ajrccmcnt, such succcssor has first nsstmcd the obl.igati'ons bf Owncr in 'writing in a form -. I .- A I but .I be 'recorded \' ' acceptnblc to City. ,. not create a *. 9. This rrgrecmcnt.shal1 shall obligations of or security interest on the property. Whcn the agreement have been satisfied, City shall record a release. IN WITNESS NiiEREOF, this agreement is executed in San Diego first written above. County, California 9. of the date as OWNER: DEVELOPEX: .. 1 .. .. .-. 1. Title 4 CI'J'Y OF CAR1,SEAD , a municipal corporation of tile State of California . .. ATTEST : .* BY City Jdariayer APPROVED AS TO POIUI : -_I VINCENT l?. BIOIJDO, JX., City Attorney .. cxecution by 'DEVELOPER and OWNER must ' (Not a r i a1 a ck now led g ement be attachcd. ) of . I ' 7. ,- I CARLSBAD R&CXV?AY - COIGDITIONAL USL PERNITS -- - CUP #15 C.P.F!.es. #321 10/22/63 #42-A #391 3/23/65 #42-B #42-C #42-D #42-E #42- F #42-G #42-& #8 3 #456 #6 24 #749 #1213 #1460 #1534 #l801 #919 8/2 3/66 6/10/69 4/25/72 1/14/76 8/9/78 7/25/79 4/22/81 6/12/7 3 Original approval Expanding to include all other types of racing events To sell beer (denied) To sell bwr (denied) Extension to 4/25/82 Skateboards, etc. Fiberglass sled riln 14-acre recreational facility To sell beer (Chamber of Commerce) (denied) Add'l bldg. for dormitory & gym; cross- country track *.