The purpose of this Chapter is to establish the Community and Economic Development Director's authority to issue administrative conditional use permits without setting the matter for a public hearing in order to expedite certain minor conditional uses to both further the economic goals of the City and protect the community's health, safety and welfare.

(Ord. 192 § 1 (part), 2000)

An "administrative conditional use permit" means the administrative review, approval or denial by the Community and Economic Development Director without setting a public hearing for those uses requiring a conditional use permit and meeting the criteria as specified by this Chapter.

(Ord. 192 § 1 (part), 2000)

The Community and Economic Development Director is authorized to consider and to approve, disapprove or modify applications for any of the uses or purposes for which such permits are required by the terms of this Title and meet the criteria as established by this Chapter. Such administrative 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 Director desires to set an expiration date.

(Ord. 192 § 1(part), 2000)

Applications for an administrative conditional use permit shall be submitted to the Community and Economic Development Department. The Community and Economic Development Director shall review each application and determine its completeness in accordance with state law. In addition, an application for a conditional use permit shall consist of the following:

A.

Completed application form.

B.

Letter of intent to describe the type of business and to establish current level of intensity of activities, i.e., traffic, hours of operation, number of employees, noise levels, etc.

C.

Site plan, ten copies. The site plan shall be drawn at an appropriate scale and 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, existing and proposed.

4.

All walls and fences.

5.

Site address and assessor's parcel number.

6.

North arrow, graphic and numeric scales.

D.

Floor plans, ten copies. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements.

E.

Application fee as required by the City's fee ordinance (Title 4 Comprehensive Fee Schedules, Fines and Taxes).

F.

The Community and Economic Development Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 192 § 1(part), 2000)

Any use in this Title requiring a conditional use permit may be approved by the Community and Economic Development Director as an administrative conditional use permit if it complies with the following criteria:

A.

The proposed use will be located in an existing building, old and new.

B.

The proposed use shall not exceed 2,000 square feet in size.

C.

All applicable zoning regulations and standards will be met including off-street parking and signage.

D.

All potential adverse impacts will be fully mitigated following review by the appropriate agencies such as fire, health, air quality and sheriff to insure that this requirement will be met.

E.

The proposed use must qualify for a "categorical exemption" under the California Environmental Quality Act or otherwise be cleared by the responsible environmental agency, i.e., County of San Bernardino Health and/or Hazardous Division.

(Ord. 192 § 1(part), 2000)

In granting an administrative conditional use permit, the Community and Economic Development Director 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. In addition, the conditions of approval may include, but are not limited to those items listed in Section 18.83.031 of this Title.

(Ord. 192 § 1 (part), 2000)

Revisions or modifications of administrative conditional use permits may be requested by the applicant. Further, the Community and Economic Development Director may periodically review or modify an administrative conditional use permit. Such revisions or modifications shall be subject to the following provisions:

A.

Revisions or Modifications Requested by the Applicant. A revision or modification to an approved administrative conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours of operation may be requested by the applicant. The requested revision or modification shall be processed in the same manner as the original administrative conditional use permit as long as the request meets the criteria of Section 18.84.50 of this Chapter.

B.

Review by the Community and Economic Development Director. The Community and Economic Development Director may periodically review any administrative conditional use permit to ensure that it is being operated in a manner consistent with the 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 the Director's review, if warranted, the matter may be referred to the Planning Commission for additional review. If after the Planning Commission's 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 of this Title.

(Ord. 192 § 1(part), 2000)

Following the submittal of an application for an administrative conditional use permit, the Community and Economic Development Director shall route the plans submitted to all reviewing agencies and shall mail notices of the proposal to the adjacent property owners requesting that any comments be submitted to the City within two weeks.

(Ord. 192 § 1(part), 2000)

Following the submittal of an application for an administrative conditional use permit and once an application is deemed complete, it shall be approved, denied or modified by the Community and Economic Development Director. The Director shall approve the application only if he/she 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 City's general plan.

C.

The proposed use meets the criteria for an administrative use as listed in Section 18.84.50 of this Chapter.

D.

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

(Ord. 192 § 1(part), 2000)

Any item which could not be satisfactorily reviewed at the Director's level may be subject to referral and review by the Planning Commission at the discretion of the Community and Economic Development Director. In addition, the Community and Economic Development Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days of the date of the letter informing the applicant of the Director's decision. Appeals shall be filed with the Community and Economic Development Department and shall follow similar rules as the appeals to the City Council under Section 18.83.060 of this Title.

(Ord. 192 § 1(part), 2000)

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

A.

Any violation of an administrative conditional use permit's required condition of approval.

B.

Any Federal, State or local law or ordinance is violated in connection with an administratively 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 the revocation of the administrative 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 administrative conditional use permit.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 192 § 1(part), 2000)

The Community and Economic Development Director may allow an administrative conditional use to operate in a location for the duration of the continued use or may allow it with a specific expiration date. The following regulations are for both types of conditional use permits:

A.

Permanent Administrative Conditional Use Permit. The Community and Economic Development Director allows a particular administrative conditional 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 administrative conditional use permit application shall automatically expire one year from the date of its approval unless:

a.

All conditions of approval have been met, or

b.

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

c.

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

In case the applicant is not able to comply with sections a, b, or c of the aforementioned section, then the applicant shall apply for an extension of the one-year compliance period prior to the end of that one-year period. The Community and Economic Development Director may extend the compliance period for a specific length of time up to one year. Two extensions are the maximum allowed.

B.

Administrative Conditional Use Permits With an Expiration Date. If the Community and Economic Development Director has set a specific expiration date for the proposed use, no extension will be permitted. If the applicant desires to continue operation of the use after the expiration date, the applicant shall be required to file a new application for an administrative conditional use permit or other appropriate application.

(Ord. 192 § 1(part), 2000)