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1994-31 RESOLUTION NO.94-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING A RENEWAL.OF CUP-90-06, A REQUEST FOR AN OUTDOOR REMOTE CONTROL CAR RACE TRACK WHEREAS, the Applicant, K&M Accessories, applied for a conditional use permit to renew operation of an outdoor remote control race car track within the Village Commercial Sub-zone of the Barton Road Specific Plan located at 22474A Barton Road; and . WHEREAS, a properly noticed public hearing was held by the City Council on October 13, 1094 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: 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 neighborhood 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 FURTHER 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. 2. Occupancy of the race track facility shall be limited to 100 persons within the fenced area of the site. r, 3. Existing speaker system will be allowed to remain.in operation provided that it shall not exceed 55 dbs adjacent to the residential areas. This should be interpreted as being in the front yard of houses across the street from Mt. Vernon, yards of the apartments at Britton Way and on the yards of the Convalescent Hospital, plus any other sensitive residential-type use in the area. Noise tests should be taken, excluding road traffic, to evaluate the noise levels of the race track individually. . 4. Hours of operation shall be limited to the following: Friday. 6:30 P.M. to 10:30 P.M. Saturdays 10:00 A.M. to 10:30 P.M. Sundays 10:00 A.M. to 5:00 P.M. 5. When track is not in operation, access shall be secured and locked. 6. The proposed project shall be maintained in accordance with City Council approval of October 13, 1994. Minor changes can be approved by the Community Development Director. Expansion or relocation will require a Public Hearing with the Planning Commission. � 7. All aspects of 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. 8. Applicant agrees to indemnify, defend 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. 9. Conditional Use Permit expires on October 13, 1996 unless applicant requests an extension of the Conditional Use Permit, prior to expiration. Conditional Use Permit shall be subject to full reevaluation anytime during the year upon receipt of citizen complaints. 10. By accepting the- benefits of this-permit, the permittee waives the right to challenge any.conditions set forth herein. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held the 13th day of October, 1994 by the following vote: AYES: Councilmembers Hilkey, Singley, and Buchanan; mayor Matteson NOES: bone ABSENT: Mayor Pro Tem Carlstrom ABSTAIN: Pone J Byrcoatteson, Mayor City of Grand Terrace ATTEST: Brenda Stanfill, City Clerk APPROVED AS TO FORM: V John Harper, City Attorney