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1985-11 RESOLUTION NO. 85- 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, I.NITIATING AN AMENDMENT TO THE CITY OF GRAND TERRACE MUNICIPAL CODE, SECTION 18. 66. 050, DEALING WITH APPEALS -TO THE CITY COUNCIL OF USE PERMIT DECISIONS OF THE PLANNING COMMISSION NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby RESOLVE, DETERMINE AND ORDER as follows : Section 1. That an amendment to the City of Grand Terrace Municipal . Code Section 18. 66. 050 is hereby initiated. Section 2. That the proposed Ordinance of Amendment is attached hereto and incorporated herein as Exhibit "A" hereto . Section 3 . That the City Clerk, City Manager and Planning Director are hereby directed to transmit a copy of this Resolution, including Exhibit "A" to the Grand -Terrace Planning Commission for their action pursuant to the Grand Terrace Municipal Code Chapter 18.81 . ADOPTED this 11th day of July 1985 . ATTEST: City C rk of the City o Mayor t r d Grand rrace and of th Terrace and f the City City Council thereof. Council thereof. I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held. on the 11th . day of July , 1985, by the following vote: AYES: Councilmembers Matteson, Petta, Pfennighausen, Evans ; Mayor Grant NOES: None ABSENT: None ABSTAIN: None City C rk Approved as to form: jU'V r r t r City Attorney - 2 - EXHIBIT "A" i RESOLl1TION NO. 85,-11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE CITY OF GRAND TERRACE ' S MUNICIPAL CODE, CHAPTER 18 . 66, SECTION 18 . 66 . 050, DEALING WITH APPEALS TO THE CITY COUNCIL OF PLANNING COMMISSION DECI,SIONS RELATIVE TO USE PERMITS . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 18. 66 . 050 (A) is hereby amended to read as follows : "A. The decision of the Planning Commission shall be final unless appealed in writing to the City Council by the applicant or by any owner of affected property which is located within three hundred feet of the property for which the Use Permit was requested, within ten calendar days from the date of the Planning Commission' s decision . The letter of appeal shall be accompanied by a processing fee . The letter shall by filed with the City Clerk' s Office . " Section 2 . Effective Date . This Ordinance shall be in full force and effect at 12 :01 A.M. on the 31st day after its adoption . • - Section 3 . Posting. The City Clerk shall cause this Ordinance to be posted in three (3 ) public places designated for such purpose by the City Council . Section 4. First read at a regular meeting of the City Council of said City held. on the day of , 1985 , an finally adopted and ordered posted at a regular meeting of said City Council on the day of 1985 . 1 18 . 56 . 050--18 . 66 . 060 A. The proposed use will not be (1) detrimental to the general health, safety, morals , comfort or general welfare of the persons residing or working within the neighborhood of the proposed use or within the city; or (2) injurious to property or improvements in the neighborhood or within the city; and . B. The proposed use will be consistent with the latest adopted General Plan; and C. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions, are made part of the use permit approval. (Ord. 57 §2 (21. 040) , 1982) 18. 66 . 050 Appeal to city council. A. The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant- within ten cal- endar days: The letter of-appeal shall be accompanied, by a processing fee. The letter shall be filed with the city clerk' s office. B. A city council member may appeal the decision of the planning commission in writing within ten calendar days. The letter shall be filed with the city clerk' s office. C. The city council shall set a date for public hear- ing and notices mailed as required. Notices shall also .be given to the applicant, the planning commission and the ap- pellant. The planning commission shall submit a report and meeting minutes to the city council, setting forth the rea- sons for action taken by the commission. D.. The city council shall make its own determination as to whether the proposed use meets the standards outlined in Section 18 . 66 . 040 and may approve, modify or disapprove the decision of the planning commission. Any significant modification of the use permit, not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing-on the proposed modification. Failure to report upon the proposed modification within for- ty days , or such longer period as the council may designate, shall be deemed an approval of the proposed modification. (Ord. 57 §2 (21. 050) , 1982) 18 . 66 . 060 Building 2ermit issuance. No building per- mit shall be issued in any case where a use permit is re- quired by the terms of this title until ten days after the granting of such use permit by the planning commission, or after granting of such use permit by the city council in the event of appeal, and then only in accordance with the terms and conditions of the use permit granted. (Ord. 57 §2 (21- . 060) , 1982) 567