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HomeMy WebLinkAboutCUP 42J; Carlsbad Raceway; Conditional Use Permit (CUP) (12)MEMORANDUM DATE : January 4, 1983 TO : Michael Holzmiller FROM : Paul Klukas SUBJECT: Carlsbad Raceway Report Update After reading Janet Lee Frahm's letter to the mayor, dated December 26, I got the impression that she and I are antagonists in this endeavor to make sure that Carlsbad Raceway is complying with the terms of its conditional use permits. I had no idea that this was the case. I was under the impression that we were working together in this matter. In any case, since the letter raises questions as to my approach to the report, I will update you as to action on the matter since I was assigned the project in mid-November. One old CUP (CUP-15) and seven amendments (CUP-42(A)-(G)) regulate recreational activities on the raceway site. None of these documents contain a condition regulating the level of noise. A finding for approval for CUP-42(A), however, does state, "that this use in terms of potential noise factors would be no more objectionable than racing on the lagoon, or railway trains, or the use of the airport." Additionally, CUP-42(D) contains a condition that reads, "Major drag races (those where competitors use fuel burning blown engines) shall be limited to one event per month and conducted between the hours of 9:00 a.m. and 1O:OO p.m. of the same day." I feel that if we monitor the noise and it is above acceptable levels, and/or if "fuel burning blown engines" are racing more than once per month, it would be appropriate to set the CUP'S to public hearing to amend or add additional conditions. I believe that to adequately determine the noise level of the races, it is important that we use a sound level meter that gives a good, accurate reading. Our department owns such a meter, but it is, and has been, broken for some time. The last time I spoke with Ruth Fletcher, it was in Buffalo, New York, being repaired. Evidently, it will be a few more weeks before its return. As such, I have made arrangements with Ray Sacco, the Assistant Noise Control Officer for the County of San Diego to borrow his meter as long as I make arrangements with him ahead of time. Since Ms. Frahm has indicated that the excessive noise does not occur every weekend, I have encouraged her to phone me at home on Saturday nights if it is apparent that the very loud dragsters are in use. Possibly, these loud dragsters could be the "fuel burning blow engine" machines. She has, in fact, called every Saturday night, usually to indicate that the raceway noise is not loud enough that particular night to warrant monitoring. On two nights, however, she did say it would be a good night for such monitoring. One was November 27, which was before I had acquired access to the San Diego County meter, and the other was December 18. I had been informed by Mr. Sacco that his machine would be unavailable the weekend of the 18th, but I did desire to get a better impression of what was happening out at the raceway, so my wife and I drove to Carrillo Ranch Road (accross from the raceway) and listened to the noise. I do personally own a very cheap and old, small, hand-held Realistic sound level meter, which we took with us to see if it could be of any assistance. It does not monitor hourly sound level averages, nor does it have a graphic read-out. This meter gave poor readings and was essentially useless. The noise, however, did not appear very loud to myself or my wife. Upon contacting Ms. Frahm on Monday morning, the 20th, I indicated that I had gone to the raceway but that my reading was inadequate. She informed me that the raceway had suddenly lowered their sound level that night, and inquired as to whether I had let them know in advance that I would be monitoring them. I assured her there was no way they could have known I was in the vicinity, nor that I intended to monitor their noise. Since no races were held on December 25 or January 1, I informed Ms. Frahm that I would use the County sound meter on January 8, and explained that I would set it up in her neighborhood. In addition, I mentioned that I thought it would be worthwhile to enter the raceway as a paying customer and informally ask race drivers how often they race the "fuel burning blown engines." Ms. Frahm (the only recent complainant I am aware of) brought our attention to the possible problem in June, 1982. Mr. Sacco, of the County Noise Control Office, did monitor the noise levels from June 11 to June 14. His results did not conclude that a significant problem exists and he felt that a case could not be made for a violation of the County Noise Ordinance. He did say that further monitoring would be necessary to reach a definite conclusion. I have a copy of this report if you care to review it. This is the only documented noise monitoring of the site that has been conducted to date. I have very diligently kept Ms. Frahm up-to-date on my action in the matter, including summarizing the requirements of our existing CUP'S for the site, and also indicating problems we would encounter with taking inadequate information to public hearing. I have stressed the importance of giving the Planning Commission some good hard evidence to go on. The CUP'S do not give a maximum allowable sound level for the raceway. The General Plan Noise Element does not do so, and does not even address Carlsbad Raceway. The County Noise Ordinance does set a maximum level (one-hour average of 50 decibels) but -2- exempts sporting entertainment events from this requirement. I have indicated to Ms. Frahm that I will take whatever sound results we get from our monitoring to the Planning Commission as an information item. They could then take such action as they deemed necessary. I get the impression from her letter that her interpretation of this statement is that I have advised her that any violation of the CUP'S cannot be corrected. This was certainly not my intent. Ms. Frahm has requested that her name not be mentioned publicly in conjunction with this problem. This request has been respected. As such, I did indicate to her that a neighborhood petition (to be effective) would be difficult to keep undisclosed. Evidently, she interpreted this to mean that I insist a petition not be raised. It is unfortunate that, just as our staff is moving forward on the process of constructive review of the raceway permits, she has decided to complain to the mayor, utilizing "information" based on misinterpretation and has used words taken out of the context in which they were spoken. In summary, I plan to continue my work program on the matter as follows: a) Monitor sound levels on Via Cancion in San Marcos on January b) Enter the raceway and discuss frequency of "fuel burning c) Summarize the results of these monitoring activities (and 8 and January 15. blown engine" use with patrons. that of the County in June, 1982) and report this information with respect to existing CUP findings and conditions, and the County Noise Ordinance. d) Have this information packet prepared for Planning Commission review on the January 26 agenda. Let me know if you wish any changes in this program. PJK:kb -3-