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1998-30 RESOLUTION NO. 98-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING A RENEWAL OF CUP 90-06(R6),A REQUEST FOR AN OUTDOOR RADIO CONTROL VEHICLE RACE TRACK AND ASSOCIATED HOBBY SHOP WHEREAS,the Applicant K&M Raceway,applied for a Conditional Use Permit to renew operation of an outdoor radio control vehicle race track with associated hobby shop within the Village Commercial Zone of the Barton Road Specific Plan located,at 22474"A"Barton Roads; and WHEREAS,a properly noticed public hearing was held by the City Council on December 10, 1998 to hear said project. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace, California,that the following findings have been made in accordance with the approval of CUP 90-06 renewal No. #6: 1. As conditioned,and operated accordingly,the project will not be detrimental to the general health, safety,morals,comfort or general welfare of the persons residing or working within the neighborhood or proposed use or within the City. 2. The occupation of this site subject to the conditions listed below will not be injurious to the property or improvements in the neighborhoods or within the City. 3. The proposed use is consistent with the latest adopted General Plan. The current General Plan land use designation for this property is GC,General Commercial. 4. The conditions of approval as listed below are necessary to secure the purpose of the City of Grand Terrace General Plan and Zoning Ordinance(Barton Road Specific Plan). NOW,THEREFORE,BE IT RESOLVED by the City council of the City of Grand Terrace, California,that: 1. All conditions as recommended by the Forestry and Fire Warden's Department in their memorandum dated July 19, 1990 and County Fire comments received on October 21, 1998,regarding fire extinguishers. 2. Occupancy of the race track facility shall be limited to 100 persons within the fenced area of the site. 3. Existing speaker system will be allowed to remain in operation provided that it shall not exceed ambient noise levels or,55 dbl's adjacent to the residential area,whichever is less. This should be interpreted as being in the front yard of houses across the street from Mount Vernon,yards of the apartments at Terrace Pines Townhomes and on the yards of the Convalescent Hospital,plus any other sensitive residential-type use in the area. 4. Hours of operation shall be limited to the following: Wednesday 4:00 p.m.to 8:00 p.m. Friday 6:30 p.m.to 10:30 p.m. Saturday 10:00 a.m.to 10:30 p.m. Sunday 10:00 a.m to 5:00 p.m. 5. Ten minutes prior to the designated closing time,the lights shall be dimmed by turning off three 1500 watt lights currently mounted to poles surrounding the race track;music will also be turned off completely ten minutes prior to designated closing time so that by 10:30 p.m.,all will be quiet and the lights turned off. 6. Upon closing of business at night, owner shall see that no individuals or groups are remaining in the parking lot. 7. When the track is not in operation,access shall be secured and locked. 8. The proposed project shall be maintained in accordance with City Council approval of December 10, 1998. Minor changes can be approved by the Community Economic Development Director. Expansion or relocation will require a Public Hearing with the Planning Commission. 9. The proposed project including landscaping, irrigation systems,building maintenance and operations shall be maintained in a clean and functional manner and operated in accordance with this approval and the overall goals and objectives of the City of Grand Terrace. 10. Applicant agrees to indemnify,defined and hold the City harmless from any and all liability arising out of the operation conducted pursuant to this approval save and except liability caused by the City's sole negligence. 11. Conditional Use Permit expires on December 10,2000 unless applicant request an extension of the Conditional use Permit,prior to expiration. Conditional Use Permit shall be subject to full re-evaluation anytime during the year upon receipt of two formal complaints by two different citizens/residents submitted within 30 days of occurrence. 12. By accepting the benefits of this permit,the permittee waives the right to challenge any conditions set forth herein. 13. Due to the cost incurred by the City in processing CUP renewal application,applicant shall be subject to the minimum fees applicable for full Conditional Use Permit($260.00), as well as the cost of mailing,upon renewal request in 2000. - PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California,at a regular meeting held the 1 Oth day of December, 1998 by the following vote: AYES: Councilmembers Hilkey, Singley and Garcia; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Byron Matteson,Mayor City of Grand Terrace ATTEST: Brenda Stanfill City Clerk APPROVED AS-TO FORM: i John Harper, City Attorney C:/planning/cup9006.re