HomeMy WebLinkAbout2017-05-03; Planning Commission; ; AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: March 7, 2017
P.C. AGENDA OF: May 3, 2017 Project Planner: Austin Silva
Project Engineer: David Rick
SUBJECT: AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING – Request for 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 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).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7240 APPROVING a
Conditional Use Permit Amendment (Permit No. AMEND 2017-0002) based on the findings and subject to
the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This application is a request for an amendment to an existing Conditional Use Permit (CUP 04-02) that was
initially approved by the Planning Commission on June 16, 2004, was amended on April 6, 2005 (CUP 04-
02A), and extended on September 2, 2009 (CUP 04-02AX1). However, the CUP has since been extended
in perpetuity, meaning there is no longer an expiration date. The CUP amendment in 2005 removed
condition number 16 from Planning Commission Resolution No. 5626 that prohibited signage on the
north-facing elevation. There have been no issues raised in any of the annual CUP reviews for K1 Speed
Indoor Kart Racing. The proposed amendment is to remove condition number 15 of Planning Commission
Resolution No. 5626, which prohibited alcohol sales and the catering of alcohol.
K-1 Speed requests to operate a restaurant and allow the onsite sales and consumption of beer and wine.
If approved, the concession area will be remodeled and healthier food with be offered in order to meet
the demands of corporate clientele who have requested a more comfortable atmosphere. The menu will
be upgraded to include at least eight meals, appetizers and sandwich food items cooked on the premises.
K1 has incorporated this more contemporary approach in its two Illinois facilities with success. Their
experience at these two facilities show that the sale of beer and wine will be a small portion of K1 Speed’s
business.
K1 implements a business operational program which ensure that onsite drinking does not occur prior to
kart racing. This program involves the following procedures; upon entering the facility, adult customers
21 years of age or older will be fitted with a plastic bracelet allowing them to race. Upon completion of
their racing, the bracelet will be cut and removed, thus allowing them to purchase beer and wine. Adults
without bracelets will not be allowed to race. This process has been used in the Illinois facilities with
success. K1 Speed states that they have maintained the best safety record with the highest liability
insurance rating available for businesses of their types in their Illinois facilities, as well as their facilities
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AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING
May 3, 2017
Page 2
throughout the country. K1 has expressed that they will not advertise or promote beer or wine on the
interior or exterior of their building. No other change to the look, design, operations, hours, or overall
ambiance of the existing K1 Speed is proposed.
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE A – SURROUNDING PROPERTIES
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial (PI) Planned Industrial (P-M) K1 Speed
North Planned Industrial (PI) Planned Industrial (P-M) Industrial
South Planned Industrial (PI) Planned Industrial (P-M) Office/Manufacturing
East Planned Industrial (PI) Planned Industrial (P-M) Office
West Planned Industrial (PI) Planned Industrial (P-M) Storage Facility
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Planned Industrial (PI) General Plan Land Use Designation;
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34);
C. Parking Ordinance (C.M.C. Chapter 21.44);
E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
F. Growth Management Ordinance (C.M.C. Chapter 21.90)
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in the sections below.
A. Planned Industrial General Plan Land Use Designation (PI)
The project involves allowing a restaurant and the sale of beer and wine for onsite consumption and the
indoor kart racing recreational use has previously been determined to be in compliance with the General
Plan. The site has a General Plan Land Use designation of Planned Industrial (PI). Per the Carlsbad General
Plan Land Use Element Policy 2-P.29, recreational facilities are encouraged in areas designated as Planned
Industrial. The proposed amendment to operate a restaurant and have onsite sales and consumption of
beer and wine will not cause the indoor kart racing facility to be inconsistent with the General Plan.
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34)
The proposed site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of Chapter
21.34 of the Zoning Ordinance. Restaurants are permitted in the P-M Zone subject to approval of a Minor
Conditional Use Permit. However, the Conditional Use Permit was approved in 2004 prior to a zone code
change that required recreational facilities to be approved by the Planning Commission. The proposed
CUP amendment is being brought forward for Planning Commission approval because the condition to
prohibit the onsite sales and catering of alcohol was included by the Planning Commission. The existing
indoor kart racing facility complies with all setbacks, lot coverage, and height requirements, and only
tenant improvements to the interior of the building are proposed. Parking is discussed in Section C below.
AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING
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C. Parking Ordinance (C.M.C. Chapter 21.44)
The existing indoor kart racing facility is in compliance with the parking requirements identified in the
parking ordinance. There were a total of 62 parking spaces provided for the approval of the use and 152
spaces are provided. The addition of a restaurant will not generate the need for additional parking
because it is considered an accessory use to the indoor kart racing facility as people will be purchasing
food and beverages while they are already at the facility and the restaurant will not be advertised from
the outside.
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
The proposed project is a use which is allowed in the Planned Industrial Zone (P-M) subject to the approval
of a CUP. Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to
approve a conditional use permit. All of these findings can be made for this project as discussed below:
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 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 this 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 planning director, 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 the 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.
AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING
May 3, 2017
Page 4
E. Growth Management Ordinance
The proposed site is located within Local Facilities Management Plan Zone 5. The addition of a restaurant
and serving beer and wine will not result in increased public facilities demands and therefore, the project
would not exceed performance standards for public facilities.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources has found do not have a significant impact on the environment, and it is therefore
categorically exempt from the requirement for the preparation of environmental documents pursuant to
CEQA Section 15301 – Existing Facilities. A Notice of Exemption will be filed upon final project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7240
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 5626 dated June 16, 2004
5. Planning Commission Resolution No. 5871 dated April 6, 2005
6. Notice of Conditional Use Permit Extension dated April 7, 2014
7. Reduced Exhibits
8. Exhibits “A” – “C” dated May 3, 2017
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K-1 Speed Indoor Kart Track
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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
ABETO IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASENAME: K-1 SPEEDINDOORKARTTRACK
CASENO.: CUP04-02
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 ofthe 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.
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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:
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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 RESO NO. 5626 -2-
1 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building
3 Permits.
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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; 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 oflaw.
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 ofthis 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 ifthe 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 RESO NO. 5626 -3-
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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 11:00 a.m. to 9:00 p.m.
• Tuesday -Thursday
• Friday
• Saturday
• Sunday
11:00 a.m. to 10:00p.m.
11:00 a.m. to 11:00 p.m.
9:00a.m. to 11:00 p.m.
Limited to appointment and membership only
PC RESO NO. 5626 -4-
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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 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.
PC RESO NO. 5626 -5-
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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.
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
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16 MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
iaZ&lZMU~
Planning Director
PC RESO NO. 5626 -6-
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PLANNING COMMISSION RESOLUTION NO. 5871
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO AMEND
PLANNING COMMISSION RESOLUTION NO. 5626 TO
ALLOW SIGNAGE ON THE NORTH-FACING ELEVATION OF
A 70,220 SQUARE FOOT BUILDING, ON PROPERTY
LOCATED AT 6212 CORTE DEL ABETO IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: K-1 SPEED INDOOR KART TRACK
CASE NO.: CUP 04-02(A)
WHEREAS, David Danglard, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Scott Stokes, "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 Amendment as shown on Exhibits "A"-"B" dated April6, 2004, on file in the Planning
Department K-1 SPEED INDOOR KART TRACK -CUP 04-02(A), as provided by the
conditions of approval of CUP 04-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 6th day of April 2005, 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 2, 2004, the Planning Commission approved CUP 04-02,
as described and conditioned in Planning Commission Resolution No. 5626.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
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
6 following findings and subject to the following conditions:
7 Findings:
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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 proposed wall sign is consistent with the Sign
Ordinance, Chapter 21.41 of the Carlsbad Municipal Code, which permits buildings
greater than 60,000 square feet in area to have three (3) wall signs not exceeding 50
square feet in size each.
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 the proposed
signage is consistent with all standards of the City's Sign Ordinance (Carlsbad
Municipal Code Chapter 21.41).
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 addition of a second wall sign 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 second wall sign will not impact
on-site circulation or be detrimental to the existing street system.
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 RESO NO. 5871 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Sign Permit
3 Approval
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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.
All conditions of approval imposed upon Conditional Use Permit CUP 04-02 as stated in
Planning Commission Resolution No. 5626 shall apply as conditions of approval for CUP
04-02(A) and are incorporated by this reference, except Conditions No. 6, 7, and 18
which have been satisfied, and Condition No. 16 is replaced by Condition No.3 below.
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.
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.
PC RESO NO. 5871 -3-