HomeMy WebLinkAbout2009-08-05; Planning Commission; ; CUP 04-02AX1 - K1 SPEED INDOOR KART RACINGThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. 0
P.C. AGENDA OF: August 5, 2009
Application complete date: May 28, 2009
Project Planner: Dan Halverson
Project Engineer: Clyde Wickham
SUBJECT: CUP 04-02{A)xl -Kl SPEED INDOOR KART RACING -Request for a
retroactive five-year extension of Conditional Use Permit No. CUP 04-02(A) to
allow for the continued operation of the K 1 Speed Indoor Kart Racing use at 6212
Corte del Abeto in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6613
APPROVING a retroactive five year extension of CUP 04-02(A) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five year extension of CUP 04-02(A) will allow the continued
operation of the Kl Speed Indoor Kart Racing use at 6212 Corte del Abeto from June 15, 2009
through June 14, 2014.
III. PROJECT DESCRIPTION AND BACKGROUND
On June 16, 2004 the Planning Commission approved CUP 04-02 (5-0 vote) to allow for an
indoor kart racing facility in an existing building at 6212 Corte del Abeto. The kart-racing track
was to serve the business and industrial park through team building activities and as a
recreational use. On April 6, 2005, the Planning Commission approved an amendment, CUP 04-
02(A), to allow signage on the northern elevation of the building facing Palomar Airport Road.
Condition No. 1 Ob of Resolution No. 5626 specifies that CUP 04-02 is granted for a period of
five (5) years but maybe extended for a reasonable period of time not to exceed five (5) years
upon written application by the permittee (Kl Speed). The applicant applied for an extension of
the CUP prior to the expiration date of June 15, 2009.
Staff has performed annual reviews of the project in accordance with the conditions of approval.
At the most recent review staff determined that the site landscaping needed to be refurbished and
has added a condition of approval (No. 5) to require the installation of the required landscaping
improvements within 30 days of approval of this CUP extension (Attachment No. 4 -Kl Speed
Carlsbad Proposed Landscape Improvements). Otherwise, the project has been in compliance
with the conditions of approval and no written or verbal complaints have been received.
Condition No. 10a of Resolution No. 5626 specifies that "at the time of the annual review the
applicant shall submit data indicating business use detailing the make-up of the user groups who
l' . .,
CUP 04-02(A)xl -Kl SPEED INDOOR KART RACING
August 5, 2009
Pae 2
are utilizing the facility." The most recent report, which identifies the user groups and shows the
general hours of operation, is in compliance with this condition of approval (See attached report).
Therefore, the Planning Department is recommending that the Conditional Use Permit (CUP 04-
02A) be extended retroactively from June 15, 2009 through June 14, 2014 to allow the continued
operation of K 1 Speed Indoor Kart Racing.
IV. ANALYSIS
A. Kl Speed Indoor Kart Racing continues to be consistent with all applicable plans,
policies and regulations listed below:
1. Carlsbad General Plan;
2. Title 21 of the Carlsbad Municipal Code; and
3. Local Facilities Management Plan for zone 5.
B. The adopted project findings for CUP 04-02 and CUP 04-02(A), which are contained in
Planning Commission Resolutions No. 5626 and 5871 and referred to in Planning
Commission Resolution No. 6613 still apply to this project (CUP 04-02(A)x 1 ).
C. The adopted project conditions for CUP 04-02 and CUP 04-02(A), which are contained
in Planning Commission Resolutions No. 5626 and 5871 still apply to this project (CUP
04-02(A)xl) with the exception of Conditions No. 6, 7, and 18 (Resolution No. 5626)
which have been satisfied, and Conditions No. 1 0a and 1 Ob of Resolution No. 5626
which are replaced by Conditions No. 3 and 4 in Planning Commission Resolution No.
6613 to retroactively extend CUP 04-02(A) for 5 years from June 15, 2009 through June
14, 2014. Condition of approval No. 5 of Planning Commission Resolution No. 6613 is a
new condition.
D. No formal written complaints regarding CUP 04-02(A) have been submitted to the City.
E. Annual reviews have been conducted for CUP 04-02(A) and the project, as conditioned,
is in compliance with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment. A
notice of exemption shall be filed with the County Clerk upon approval of this project.
ATTACHMENTS:
1. Planning Commission Resolution No. 6613
2. Location Map
3. Kl Speed Indoor Kart Racing User Report
4. Proposed Landscape Improvements
5. Planning Commission Resolution No. 5626, dated June 16, 2004
6. Planning Commission Resolution No. 5871, dated April 6, 2005
SITE MAP
• N
NOT TO SCALE
K1 Speed Indoor Kart Racing Extension
CUP 04-02(A)x1
Kt SPEED INDOOR KART RACING
CUP 04-02(A)x1
CARLSBAD FACILITY REPORT
6/30/09
1. Kl Speed Usergroups (Clients) -Yearly average
Team building, Departmental challenges, Product
Corporate & Business 40% launches, Holiday parties
Arrive & Drive 40% Mostly local business park employees
Private Parties 20% Birthdays, Anniversaries, Holiday parties
2. Hours of Operation
Monday 12 Noon to 9 PM
Tuesday 12 Noon to 10 PM
Wednesday 12 Noon to 10 PM
Thursday 12 Noon to 10 PM
Friday 11 AM to 11 PM
Saturday 11 AM to 11 PM
Sunday 11 AM to 7PM
ffi ~ i)j
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PALOMAR AIRPORT ROAD
Existing
Building
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NORTH SCALE: 1" = 50'
LANDSCAPING LEGEND
Symbol Landscape type -CJ
~
~
EXISTING TURF (GOOD QUALITY)
EXISTING GROUD-COVER (RED APPLE)
(GOOD QUALITY)
EXISTING SHRUBS (AGAPANTHUS)
(GOOD QUALITY)
PROPOSED NEW GROUND-COVER
(RED APPLE) (1,778 SF)
PROPOSED NEW SHRUBS (AGAPANTHUS)
(449 SF)
K1 Speed Carlsbad
Proposed Landscape Improvements
Carlsbad, California
June 8, 2009
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PLANNING COM]\1ISSION 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 ZO1\TE 5.
CASE NAME: K-1 SPEED INDOOR KART TRACK
CASE NO.: CUP 04-02
WHEREAS, David Dariglard, "Developer," has filed a verified application with
the City of Carlsbad regarding property·. owned by l\1cRouskey 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.
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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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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 iQ_door kart track would be
consistent with the General Pian 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 pop:ulations 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 f ea tu res.
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
anci!lary 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 Conimission 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-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building
Permits.
1.
2.
3.
4.
5.
6.
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 ~11 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 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 RESO NO. 5626 -3-
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7.
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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 ~ertification 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.
9:00 a.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 Jimited to 2 hours each on Saturdays and Sundays.
No outdoor events, fundraisers, tent sales, demos, etc. shall be alJowed 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, an-'-d 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 16tp 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:
~~LZMll~
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 ZONES.
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
Pennit Amendment as shown on Exhibits "A" -"8" dated April 6, 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
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
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
Approval.
2.
3.
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-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of April 2005 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson SegaU, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
Commissioner Dominguez
JEFF erson
CARLSBAD PLANNING COMMISSION
ATTEST:
Mn~
DON NEU
Assistant Planning Director
PC RESO NO. 5871 -4-