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2004-05 RESOLUTION NO. 04-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, RENEWING K&M RACEWAY LOCATED AT 22474 BARTON ROAD #A IN GRAND TERRACE FOR A PERIOD OF ONE YEAR AS REQUESTED UNDER CONDITIONAL USE PERMIT NO. 04-08 WHEREAS,the applicant, K&M Raceway, has applied to renewthe operation of the K&M Raceway as originally approved by the City of Grand Terrace under Conditional Use Permit No. 90-06 in 1990; and WHEREAS,a properly noticed public hearing was held bythe Planning Commission on July 15, 2004; and WHEREAS, in reviewing the facts in this case, the Planning Commission believes that it would be appropriate to renew the operation of the existing raceway subject to the conditions of approval; and WHEREAS, under the California Environmental Quality Act (CEQA), Article 11, Section 15164,this approval qualifies as an addendum to the original Negative Declaration in that the modifications to this project do not affect the status of the Negative Declaration for the original project in that the finding that there is no substantial evidence that the project, as modified, will have a significant impact on the environment still applies; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE-OF CALIFORNIA, AS FOLLOWS: 1. The applicant shall comply with all requirements of the City's Building Code at all times. 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 more. 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 and days of operation shall be limited to the following: Monday 4:00 p.m. to 8:00 p.m. (practice only) Tuesday 4:00 p.m. to 8:00 p.m. (practice only) Wednesday 4:00 p.m. to 8:00 P.M. Thursday 4:00 p.m to 8:00 p.m. (practice only) 1 Friday 9:00 a.m.to 10:30 p.m.* Saturday 9:00 a.m.to 10:30 p.m.* Sunday . 9:00 a.m.to 6:00 p.m.* No racing shall be permitted prior to 3:00 p.m.,practice sessions only. During the practice sessions, the P.A. system can not be used and no music can be played. 5. OnTriday and Saturday nights, only electric racing cars can be raced after 9:30 p.m. No gasoline powered racing cars can be raced after 9:30 p.m. 6. On Friday and Saturday nights,the use of the P.A.system for announcing races shall cease at 10:00 P.m. 7. On Friday and Saturday nights,no music shall be played after 10:00 p.m. 8. Upon closing of business at night,owner shall see that no individuals or groups are remaining in the parking lot. 9. When the track is not in operation, access shall be secured and locked. . 10. The proposed project shall be maintained in accordance with this approval. Minor changes can be. approved by the Community and Economic Development Director. Expansion or relocation will require another public hearing before the Planning Commission. 11. The landscaped area along Britton Way shall be maintained and properly irrigated. Irrigation facilities shall be provide for the landscaped area along Britton Way and regularly maintained. 12. The site shall be kept in a weed and trash free condition at all times. 13. The existing buildings and existing facilities shall be repaired when and as needed and shall be painted as needed to the satisfaction of the Community Development Director. 14. The existing chain-link fencing along Britton Way shall be reset to a vertical position anytime there is a need to do�so. 15. If the vacant field to the immediate west of the Raceway is utilized for overflow parking,it shall be suitably surfaced and maintained to the satisfaction of the Community Development Director. Before this area is paved or otherwise suitably surfaced,the applicant shall comply with the City's Grading Ordinance and the City's Stormwater System Ordinance(Ordinance No. 142, Subsection 1.010, 1993)and the Santa Ana Regional Water Quality Control Board's NPDES Permit for San Bernardino County, as required under the Clean Water Act. 16. 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. 17. This Conditional Use Permit shall expire on May 17, 2005. If the applicant or operator of the Raceway would like to renew the operation of the Raceway at that time, then a new application will have to be filed with the City requiring another public hearing and public 2 review of the operation of the Raceway. Said application to be filed before May 17, 2005. 18. By accepting the benefits of this permit, the permittee waives the right to challenge any conditions set forth herein. 19. Due to the cost incurred by the City in processing the CUP renewal application,the applicant shall be subject to the minimum fees applicable for the Conditional Use Permit renewal ($260.00) as well as the cost of the noticing of the public hearing upon the renewal. The charges for the noticing/mailing for the public hearing shall be paid prior to this approval being effective and shall be paid within one (1)month of this approval. 20. All outdoor load speakers used in relationship to the racing activities of the raceway shall be lowered to an elevation of seven feet or less when the raceway is in operation and shall be directed towards the west away from the residences on Mt. Vernon. 21. All overhead lighting (floodlights) for the Raceway shall be shielded so as not to shine on nearby residential areas to the east and west and shall be kept permanently so shielded. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 15th day of July, 2004. AYES: CHAIR WILSON, COMMISSIONER WHITLEY, COMMISSIONER, BIDNEY, COMMISSIONER COMSTOCK NOES: VICE CHAIR :ADDINGTON ABSENT: NONE ABSTAIN: NONE ATTEST: APPROVED AS TO FORM: C Brenda Stanfill, // Doug Wilson City Clerk U Chairperson, Planning Commission c:\MyFiles\John\Raceway\Raceway8\cupO4-08resolution 3