1991-30 RESOLUTION NO. 91 -3 0
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/Mike Blake, applied for a conditional
use permit to allow operation of an outdoor remote control race car track within the Village
Commercial Sub-zone of the Barton Road Specific Plan to be located at 22474A Barton
Road; and
WHEREAS, a properly noticed public hearing was held by the City Council on
October 10, 1991 to hear said project; and
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;
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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.
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 Department
in their memorandum dated July 19, 1990.
2. Occupancy of the race track facility shall be the limited to 100 persons within
the fenced area of the site.
3. Existing speaker system will be allowed to remain on the project site provided
that:
a. Sound meets City Noise Ordinance, Chapter 8.108 of the Municipal
Code and provided that the public address system ceases operation at
10:00 p.m. (Refer to attached Noise Ordinance).
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 10, 1991. Minor changes to the site layout, equipment
- , and/or alterations shall be reviewed and approved by the Planning
Department.
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. Re-evaluation of Conditional Use Permit is required within one (1) year
through a public hearing process, provided no complaints are filed.
Conditional Use Permit shall be subject to review 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 10th day of October, 1991 by the following vote:
AYES: Councilmembers Christianson, Carlstrom, Hilkey;
Mayor Pro .Tem..Grant; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN:None
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Byro Matteson, Mayor
City of Grand Terrace
ATTEST:
Q-6 da T P
Brenda-Stanfill,
Deputy;City Clerk
APPROVED AS TO FORM:
John Harper,
City Attorney
1
Chapter 8 . 108
NOISE
Sections :
8 . 108 . 010 Intent.
8 . 108 .020 Unlawful noises .
8 . 108.030 Exemptions.
8.108 .040 Special activities . -
8 . 108.050 Prohibited noise.
8.108.060 Violations to be an infraction.
8. 108. 010 Intent. It is the intent of this chapter to
protect properties within the city and the health and safety
of persons from environmental nuisances and hazards and pro-
vide a pleasing environment .throughout the city. (Ord. 99
§1, 1986)
8. 108 .020 Unlawful noises. It is unlawful for any
person to make, continue or cause to be made or continued
any loud, unnecessary and excessive noise which disturbs ,
offends, injures or endangers the peace, quiet, comfort,
repose, health or safety of any neighborhood or person with-
in the limits of the city. (Ord. 99 §3 , 1986)
8. 108.030 Exemptions. There is exempted from the pro-
visions of this section the use of horns, sirens or other
signalling or warning devices by persons vested with legal
authority to use the same and in pursuit of their lawful
R duties, such as on ambulances, fire, police and other gov-
ernmental or official vehicles . There is also exempted, in
like manner, such noises as are a natural accompaniment and
effect of a lawful business, commercial or industrial enter-
prise carried on in an area zoned for that purpose. except as
otherwise provided for in this chapter; however, such noises
must be reasonable and not fall within the prohibited noise
categories as set forth in Section 8 . 108. 050 . (Ord. 99 §4 ,
1986)
(Grand Terrace 4/87) 294-4
8 . 108 . 040--8 . 108 . 050
8 . 108 . 040 Special activities. In addition to the ex-
emptions provided for in Section 8 . 108 . 030 , the following
activities shall be exempted from the provisions of this
chapter:
A. City or school approved activities conducted on
. public parks, public playgrounds and public or private
school grounds including but not limited to athletic.-and
school entertainment events between the hours of seven a.m.
and eleven p.m.
B. Outdoor gatherings, dances, shows, and sporting and
entertainment events, provided that the events are conducted
pursuant to the approval of a temporary use permit issued by
the city.
C. Noises produced by mechanical devices, apparatus or
equipment used, related to, or connected with emergency ma-
chinery, vehicles, work or warning alarm or bell, provided
the sounding of any bell or alarm on any building or motor
vehicle shall terminate its operation within thirty minutes
in any hour of its being activated.
D. Noise sources associated with or vibration created
by construction, repair or remodeling or grading of any real
property or during authorized seismic surveys , provided said
activities do not take place between the hours of eight p.m.
and seven a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday.
E. All devices, apparatus or equipment associated with
agricultural operations provided as follows :
1. Operations do not take place between eight p.m.
and seven a.m.
2. Such operations and equipment are utilized for
protection or salvage of agricultural crops during periods
of potential or actual frost damage or other adverse weather
conditions .
3 . Such operations and equipment are associated
with agricultural pest control through pesticide application
provided the application is made in accordance with permits
issued or regulations enforced by the California Department
of Agriculture.
F. Noise sources associated with the maintenance of
real property provided the activities take place between the
hours of eight a.m. and eight p.m. on any day except Sunday
or between the hours of nine a.m. and eight p.m. on Sunday.
(Ord. 99 55, 1986)
8.108.050 Prohibited noise. The following noises are
prohibited and declared to be nuisances:
A. Peddlers Use of Loud Noise to Advertise Goods. No
peddler or mobile vendor or any person on their behalf shall
shout, cry out or use any device or instrument to make
sounds for the purpose of advertising in such a manner as to
create a noise disturbance.
294-5 (Grand Terrace 4/81)
8. 108 . 050
B. Animal Noises. No person owning or having the
-' charge, care, custody or control of any dog or other animal
or fowl shall allow the same to howl, bark, yelp or make
other noises in such a manner as to create a noise distur-
bance.
C. Loud and Boisterous Yelling, Shouting, Whistling or
Singing. No person shall yell, shout, whistle or sing-=in"'a
loud and boisterous manner on the public streets so as to
disturb the quiet, comfort, or repose of persons in any of-
fice, dwelling, hotel or other type of residence or neigh-
borhood.
D. Radios, Television Sets, Musical Instruments, Phono-
graphs and ,Similar Devices. No person shall use, operate or
permit to be played, used or operated any radio receiving
set, television set, musical instrument, phonograph or other
machine or device for producing or reproducing sound in such
a manner as to disturb the peace, quiet or comfort of neigh-
boring persons, or. at any time with louder volume than is
necessary for the convenient hearing of the person or per-
sons who are in the room, vehicle or other enclosure in
which such machine or device is operated, and who are volun-
tary listeners thereto. The operation of any such set, in-
strument or device between the hours of ten p.m. and seven
a.m. in such a manner as to be loud or excessive at a dis-
tance of fifty feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a
violation of this section.
E. Sounding of Whistles, Horns, Bells, or Other Such
Devices. No person shall make or cause to be made the loud,
sudden and unnecessary blowing of whistles, sounding of
horns, ringing of bells or use of signalling .devices by op-
erators of railroad locomotives, motor trucks and other
transportation equipment. The doing of such acts between
the hours of ten p.m. and seven a.m. in such a manner as to
be loud or excessive at a distance of fifty feet from loco-
motives, motor trucks or other transportation equipment be-
ing operated shall be prima facie evidence of a violation of
this section.
F. Loading or Unloading of Trucks. No person shall
create or cause to be created loud and excessive noise in
connection with the loading or unloading of motor trucks and
other vehicles, so as to disturb the peace and quiet of ad-
jacent residential neighborhoods, between the hours of ten
p.m. and seven a.m. The loading or unloading in such a man-
ner as to be loud or excessive at a distance of fifty feet
from the trucks or vehicles being unloaded shall be prima
facie evidence of a violation of this section.
G. Operation of Equipment. The operation or use be-
tween the hours of ten p.m. and seven a.m. of any pile
driver, steam shovel, pneumatic hammers, derrick, steam or
electric hoist, power driven saw, fork lifts, milling equip-
ment, other tools or apparatus the use of which is attended
(Grand Terrace 4/87) 294-6
8 . 108 . 060
by loud and excessive noise, or the movement of tractors ,
tractor trucks , or large trucks on property adjacent to res-
idences is prohibited. The operation of such equipment be-
tween the hours of ten p.m. and seven a.m. in such a manner
as to be loud or excessive at a distance of fifty feet from
the equipment being operated shall be prima facie evidence
of a violation of this section. However, it is not the in-
tent of this section to prohibit the direct movement of
trucks on or off. property, at any time; provided, however,
that such movement directly on or off the property shall not
be within fifty feet of an occupied residence.
H. Automotive Repair Works. No person shall do auto-
motive repair, automotive body' or fender or other work on
metal objects and metal parts between the hours of ten p.m.
and seven a.m. , in or adjacent to any residential district,
so as to cause loud and excessive noise which disturbs the
peace and quiet of the residential neighborhood. The doing
of such activities as are prohibited in this subsection in
such a manner as to be loud or excessive at a distance of
fifty feet from where such prohibited activity is being done
shall be prima facie evidence of a violation of this sec-
tion. (Ord. 99 56 , 1986)
8.108.060 Violations to be an infraction. A. It is
determined that every violation of this chapter is an in-
fraction punishable as follows:
1. A fine not exceeding fifty dollars for a first
violation;
-f 2. A fine not exceeding one hundred dollars for a
second violation within a one-year period;
3 . A fine not exceeding two hundred dollars for
each additional violation within a one-year period.
B. Any person creating any noise as prohibited in this
chapter is in violation of this chapter; in addition, any
person in possession of property who directly or indirectly
allows the creation of prohibited noises on such property is
in violation of this chapter. (Ord. 99 S2 , 1986)
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294-7 (Grand Terrace 4/87)