The purpose of this Chapter is to establish the Planning Commission's authority to issue and revoke conditional use permits in order to ensure the community's health, safety and welfare by reviewing uses which may create objectionable or undesirable effects upon nearby uses, but may still be compatible with the property's zoning.

(Ord. 126 § 2, Exh. A(part), 1990)

Conditional use permits may be issued by the Planning Commission for any of the uses or purposes for which such permits are required by the terms of this Title. Such conditional use permits shall be revocable, may be subject to conditions of approval and may be valid only for a specific period of time, in case the Planning Commission desires to set an expiration date.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

Applications for a conditional use permit shall be submitted to the planning department. The planning director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be scheduled for a public hearing consideration by the planning commission. An application for a conditional use permit shall consist of the following.

A.

Completed application form;

B.

Site plan, 25 blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:

1.

All buildings, property lines and easements;

2.

All parking spaces, driveways and drive aisles;

3.

All landscaped areas;

4.

All walls and fences;

5.

Location of all signs;

6.

Public improvements to the street centerline;

7.

Site address and assessor's parcel number;

8.

Property owner name and address;

9.

Number of lots and their sizes (in square feet);

10.

North arrow, graphic and numeric scales;

C.

Floor plans, 25 blueline copies plus one blueline copy colored for presentation purposes. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements.

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit.

E.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

In granting a conditional use permit, the Planning Commission shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or such modifications thereof as may be deemed necessary. Conditions imposed may include, but are not limited to, the following:

1.

Setbacks, yard areas and open spaces;

2.

Fences, walls and screening;

3.

Parking, parking areas and vehicular ingress and egress;

4.

Landscaping and maintenance of landscaping and grounds;

5.

Regulation of signs;

6.

Control of noise, vibration, odors and other potentially dangerous or objectionable elements, activities or uses;

7.

Limits on hours of operation or duration of approval; and

8.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

(Ord. 139(part), 1992)

Revisions or modifications of conditional use permits may be requested by the applicant. Further, the Planning Commission may periodically review, modify or revoke a conditional use permit.

1.

Revisions or Modifications Requested by Applicant. A revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours or operation may be requested by an applicant. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

2.

Review by Planning Commission. The Planning Commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the Planning Commission may modify or revoke the permit pursuant to Section 18.83.080.

(Ord. 139 (part), 1992)

The Planning Commission shall hold a public hearing on any proposed conditional use permit and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission, after holding a public hearing and considering the proposed use, shall make its determination. The Planning Commission shall approve the application only if it finds:

A.

The proposed use will not be:

1.

Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City;

2.

Injurious to property or improvements in the neighborhood or within the City;

B.

The proposed use will be consistent with the latest adopted general plan.

C.

Conditions necessary to secure the purposes of this Chapter are made a part of the conditional use permit.

(Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Commission shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Commission decision shall be made in the following manner:

1.

Filing with the City Clerk's office a completed application for appeal.

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the Planning Commission and the appellant. The notice shall also be provided in accordance with Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional use permit).

C.

The Planning Commission shall submit a report to the City Council containing the reasons for the Commission's decision and the minutes of its meeting regarding the appealed decision.

D.

The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the Planning Commission's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the Planning Commission, the City Council may refer the application back to the Planning Commission for reconsideration of the application with the new information.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for a business license and/or a building permit.

A.

An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

B.

An application for a business license shall be processed through the Finance Department. An application for a business license shall be signed by the Planning Director indicating the proposed use's compliance with this Title. A copy of any conditions of approval required by the Planning Commission or the City Council shall be attached to the business license.

(Ord. 126 § 2, Exh. A(part), 1990)

Any conditional use permit granted in accordance with this Title may be revoked if any of the following actions occur:

A.

Any violation of a conditional use permit's required condition of approval;

B.

Any Federal, State or local law or ordinance is violated in connection with a conditionally permitted use.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the conditionally permitted use. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission may allow a use to operate in a location for the duration of the continued use or may allow it with a specified expiration date. The following regulations are for both types of conditional use permits:

A.

Permanent Conditional Use Permit. The Planning Commission allows a particular use to be on a particular location subject to conditions of approval. No expiration time is set.

1.

Compliance Period. The approval of a permanent conditional use permit application shall automatically expire one year from the date of its approval unless:

a.

All conditions of approval are met; or

b.

Sufficient investment has been completed and building permits are issued; or

c.

Business license is issued in accordance with the Grand Terrace Municipal Code.

In case the applicant is not able to comply with subsections a, b or c, then the applicant shall apply for an extension of the one-year compliance period prior to the end of that year period. The Planning Director may, upon application by the applicant, extend the compliance period for a specific length of time up to one year. Two extensions are the maximum allowed.

B.

Conditional Use Permits With Expiration Date. The Planning Commission sets an expiration date for the proposed use. In this case, no extensions are permitted. If the applicant desires to continue operation of the project after expiration, the applicant shall be required to file a new application for a conditional use permit.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)