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332 ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT ZONING CODE AMENDMENT 20-01 AND BARTON ROAD SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3) AND AMENDING CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION 18.33.030 (CONDITIONALLY PERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE AND AMENDING BARTON ROAD SPECIFIC PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 PM AND 6:00 AM. WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has been amended from time to time; and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings in compliance with the California Government Code; and WHEREAS, this Ordinance proposes to amend the Municipal Code, Title 18 (Zoning), Chapter 18.06 (Definitions) to include a definition for "After-Hours Operations" and Chapter 18-33 (C2-General Business District) to establish requirements for uses proposing hours of operation at any time between 11:00 PM and 6:00 AM as set forth in Exhibit A; and WHEREAS, this Ordinance proposes to amend the Barton Road Specific Plan (BRSP), Table I, Land Use Matrix, to include requirements for uses proposing hours of operation at any time between 11:00 PM and 6:00 AM as set forth in Exhibit B; and WHEREAS, Zoning Code Amendment 20-01 and Specific Plan Amendment 20- 01 are exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The project will not have a significant effect on the environment because the amendments only change administration procedures establishing requirements for uses proposing hours of operation at any time between 11:00 PM and 6:00 AM as within the BRSP and Municipal Code; and Ord. No. 332 Page 1 of 4 July 14,2020 ovided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering _ of or failure to render any "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ACCORDANCE WITH THE POLICY PROVISIONS. Grand Terrace,CA 92313 AUTHORIZED REPRRE4SgE�NTATIVE I 41 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WHEREAS, existing businesses permitted to operate any time between the hours of 11:00 p.m. to 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt from the ACUP/CUP review process; and WHEREAS, on May 21, 2020 the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing at a regular meeting of the Planning Commission on Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing by adopting a Resolution, voting unanimously 5-0, recommending City Council approval; and WHEREAS, on June 23, 2020, the City Council of the City of Grand Terrace conducted a duly noticed public hearing on Zoning Code Amendment 20-01 and Barton Road Specific Plan Amendment 20-01 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road; and WHEREAS, on July 14, 2020, the City Council of the City of Grand Terrace conducted adopted the proposed Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all the facts set forth in the above Recitals, are true and correct. SECTION 2. The City Council hereby finds that the Project is not subject to environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because the revisions are regulatory in nature and will not in themselves create impacts to the environment. SECTION 3. Based on substantial evidence presented to the City Council during the public hearing, including public testimony, and written and oral staff reports, the City Council specifically finds as follows: 1. Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or injurious to property or improvements in the neighborhood or within the City because these amendments establish an Administrative Conditional Use Permit review process for uses permitted by right within the Zoning Districts proposing to operate at any time between 11:00 PM and 6:00 AM. Uses proposing such hours of operations will be reviewed to . Ord. No. 332 Page 2 of 4 July 14,2020 any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering _ of or failure to render any "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ACCORDANCE WITH THE POLICY PROVISIONS. Grand Terrace,CA 92313 AUTHORIZED REPRRE4SgE�NTATIVE I 41 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD determine the inclusion of conditions and requirements to prevent adverse impacts to the quality of life of adjacent properties, such as noise, trash, loitering, and impose requirements such as overnight security, adequate lighting, and building maintenance. 2. Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 are consistent with the General Plan and the Barton Road Specific Plan because an Administrative Conditional Use Permit process gives the City authority to issue and revoke a conditional use permit in order to ensure the community's health, safety, and welfare by conditionally approving uses with necessary protection so objectionable or undesirable effects upon nearby uses are addressed, compatible with the property's zoning. SECTION 4. Based upon the above findings and determinations, the City Council finds the Project exempt from CEQA pursuant to section 15061(b)(3). SECTION 5. Title 18 (Zoning) of the Grand Terrace Municipal Code and the Barton Road Specific Plan are hereby amended as contained in Exhibit A and Exhibit B respectively, attached hereto and incorporated herein by reference. SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 9. First read at a regular meeting of the City council held on the 23rd day of June 2020. SECTION 10. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. Ord. No. 332 Page 3 of 4 July 14,2020 other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering _ of or failure to render any "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission ACCORDANCE WITH THE POLICY PROVISIONS. Grand Terrace,CA 92313 AUTHORIZED REPRRE4SgE�NTATIVE I 41 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 14th day of July 2020. r_ I arc0.4c :T Mayor ATTEST: e ra L. Thomas, City lerk APPROVED AS TO FORM: ___aL.-- leZ Adrian R. Guerra City Attorney Ord. No. 332 Page 4 of 4 July 14,2020 detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656676.4 7/9/2020 D-1 Escrow Officer Aleshire &Wynder, LLP Dated: May 11 , 2020 By: Adrian R.Guerra,City Attorney 01247.00201642172 6 3 uerra, City Attorney 01247.0020/642172.6 3 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 332 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 12th day of May 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: Council Member Robles ABSTAIN: None. Executed this 15th day of July 2020, at Grand Terrace, California. I tilt , � �L«0 - - Debra L. Thomas _ City Clerk [SEAL] 01247.0005/636118.2 EXHIBIT A TITLE 18- ZONING ZONING CODE AMENDMENT 20-01 Chapter 18-06 (Definition) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended by adding Section 18.06.032 as follows: 18.06.032 – After-Hours Operation. "After-Hours Operation" means any use that has hours of operation at any time between 11:00 PM and 6:00 AM. Section 18.33.020 (Permitted Uses) of Chapter 18.33 (C2 General Business District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: 18.33.020 - Permitted uses. Permitted uses in the C2 district shall be as follows: 1. Antique shops; 2. Apparel stores; 3. Appliance stores and repair; 4. Art, music and photographic studios and supply stores; 5. Athletic and health clubs and weight-reducing clinics; 6. Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers): parts and supplies; 7. Bakeries (retail only); 8. Barber and beauty shops; 9. Bicycle shops; 10. Book, gift and stationary stores (other than adult related material); 11. Camera shop and film processing services; 12. Candy and confectionery stores (retail only); 13. Carpet and floor covering stores; 14. China and glassware stores; 15. Cleaning and pressing establishments; 16. Computer and software stores; 17. Convenience stores; 01247.0005/636118.2 a. After-Hours Operation as defined by Section 18.06.032. ª 18. Curtain and drapery shops; 19. Delicatessens and specialty food stores; 20. Drug stores and pharmacies; a. After-Hours Operation as defined by Section 18.06.032. ª 21. Florist shops; 22. Furniture stores; 23. Grocery stores and supermarkets; a. After-Hours Operation as defined by Section 18.06.032. ª 24. Hardware stores; 25. Hobby and craft shops; 26. Ice cream and yogurt shops; 27. Jewelry stores; 28. Laundry (self-service); 29. Leather goods and luggage stores; 30. Liquor stores; 31. Nurseries and garden supply stores; 32. Office supplies store; 33. Paint, glass and wallpaper stores; 34. Pet shops; 35. Printing, blueprinting and reproduction services; a. After-Hours Operation as defined by Section 18.06.032. ª 36. Record, tape and video stores (sales and rental); 37. Restaurants: a. With the incidental serving of beer and wine (without a cocktail lounge, bar, entertainment or dancing); b. Fast food (without a drive-thru); c. After-Hours Operation as defined by Section 18.06.032. ª 38. Shoe stores (sales and repair); 39. Sporting goods stores; 40. Tailor shops; 41. Television, radio, VCR, stereo and CD component stores (sales and repair); 42. Toy stores; 43. Variety department stores; 01247.0005/636118.2 44. Watch and clock shops (sales and repair); 45. Yardage goods stores; 46. Other uses which are determined by the planning commission to be similar in nature to a use listed in this section; 47. Temporary uses which are determined by the community deve lopment director not to have significant long-term impact on the environment. (Uses such as parking lot sales, Christmas tree sales, seasonal sales, rummage sales, and others with review through the land use approval or administrative site and architectural approval process in accordance with Chapter 18.63, Site and Architectural Review.) Footnotes: a. A proposed After-Hours Operation use shall comply with the requirements of Chapter 18.84 – Administrative Conditional Use Permit subject to review and approval by the Planning and Development Services Director. The Planning and Development Services Director may impose Conditions of Approval specific to After-Hours Operations, including, but not limited to, those conditions relating to parking, security, lighting, noise, and property maintenance. A proposed After-Hours Operation use in excess of 2,000 square feet shall require compliance with a Conditional Use Permit pursuant of Chapter 18.83 – Conditional Use Permits subject to review and approval by the Planning Commission. The Planning and Development Services Director shall determine whether a use not specifically permitted to operate as an After-Hours Operation is a permitted use or conditionally permitted use in the C2 General Business District on the basis of similarity to uses specifically permitted to operate as an After-Hours Operation. Application for determination of such similar uses shall be made in writing to the Planning and Development Services Director in the form provided by the Planning and Development Services Director and shall include a detailed description of the proposed use and such other information as may be required by the Planning and Development Services Director to facilitate the determination. Such application shall also include payment for such application fees as may be adopted by Resolution of the City Council. The determination of the Planning and Development Services Director shall be appealable to the Planning Commission and the determination of the Planning Commission shall be appealable to the City Council. The determination by the City Council shall be final. Existing businesses permitted to operate any time between the hours of 11:00 p.m. and 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt from the Administrative Conditional Use Permit process. 01247.0005/636118.2 Section 18.33.030 (Conditional Permitted Uses) of Chapter 18.33 (C2 General Business District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: 18.33.030 - Conditionally permitted uses. Uses permitted in the C2 district with a conditional use permit shall be as follows: A. Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers): 1. Rentals, 2. Sales (new and used vehicles), 3. Service stations; B. Day care centers; C. Motels and hotels; 1. After-Hours Operation as defined by Section 18.06.032. ª D. Restaurants; 1. With entertainment and/or serving of alcoholic beverages (other than beer and wine), 2. Fast food (with a drive-thru); 3. After-Hours Operation as defined by Section 18.06.032. ª E. Secondhand sales; F. Veterinary clinic (completely contained in a building); 1. After-Hours Operation as defined by Section 18.06.032. ª G. Other uses which are determined by the planning commission to be similar in nature to a use listed in this section; H. Outdoor displays/uses shall take place in front of business on site, which have been approved with a conditional use permit. Under special circumstances outdoor uses/displays are allowed without conditional use permits during two citywide events (the Grand Terrace Days in June and Tour De Terrace Bike Event in October), and in connection with business grand openings. Temporary special event permits will be required for display of associated balloons, banners and special event signs. Footnote: a A Conditional Use Permit for a use proposing an After-Hours Operation shall be required pursuant to Chapter 18.83 – Conditional Use Permits. The Planning Commission may impose Conditions of Approval specific to a use proposing an After- 01247.0005/636118.2 Hours Operation, but not limited to, conditions relating to parking, security, lighting, noise, and property maintenance. Existing businesses permitted to operate any time between the hours of 11:00 p.m. to 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt from the Conditional Use Permit review process. 01247.0005/636129.1 EXHIBIT B BARTON ROAD SPECIFIC PLAN (BRSP) SPECIFIC PLAN AMENDMENT 20-01 Table I, Land Use Matrix of the Barton Road Specific Plan is amended as follows: TABLE I, LAND USE MATRIX General Commercial Village Commercial Office/ Professional 1. Retail Commercial Uses PA 1 PA 2 PA 3 Ambulance Services C(5) Antique Shops P P Apparel Stores P P Appliance Stores and Repair P P Art, Music, and Photographic Studios and Supply Stores P P P Auditoriums C Athletic and Health Gyms and Weight Reducing Clinics P C C Auto Service Station P C (4) Auto Related (including motorcycles, boats, trailers, campers): a) Sales (with ancillary repair facilities in a totally enclosed area) b) Rentals c) Parts and Supplies P P P P 01247.0005/636129.1 d) Repair Bakeries (retail only) P P Barber and Beauty Shops P P P Bicycle Shops P P P Blueprint and Photocopy Services P P P Boats Sales C Book & Stationary Stores (other than adult related material) P P P Bowling Alleys C Camera Shop (including processing) P P P Candy and Confectioneries C P P Car Washes C Catering Services P C China and Glassware Stores P P Cleaning & Pressing Establishments C C C Convenience Stores a) After-Hours Operation as defined by Grand Terrace Municipal Code Section 18.06.032. (5) P C(5) P C(5) C C(5) Costume Design Studios P Curtain and Drapery Shops P P Day Care Centers C C C Delicatessens / Specialty Food Stores P P P Department Stores P P Drug Stores and Pharmacies a) After-Hours Operation as defined by Grand Terrace Municipal Code Section 18.06.032. (5) P C(5) P C(5) P C(5) 01247.0005/636129.1 Equipment/Party Rental P Farmers Markets P P Feed and Grain Sales P Floor Covering Shops P Florist Shops P P P Food Markets a) After-Hours Operation as defined by Grand Terrace Municipal Code Section 18.06.032. (5) P C(5) P C(5) Furniture Stores P P Garden Supply Stores P C Gift Shops P P P Hardware Stores P C Health Centers P C C Hobby and Craft Shops P P P H Household Goods P P Hotels/Motels C(5) Ice Creams and Yogurt Shops P P P Ice Sales P Jewelry Stores P P P Laundry (Self Service) P P P Leather Goods and Luggage Stores P P Liquor Stores P (3) P Locksmiths Shops P P P Mail Order Businesses P P Message Centers and P.O. Boxes P P P Mobile Home Sales C Music, Dance, and Exercise Studios C(5) C(5) C(5) Notions or Novelty stores P P Nurseries & Garden Supply Stores within enclosed area P C 01247.0005/636129.1 Office, Bus. Machine Sale & Repair P P P Pawn Shops C Computer & Software Stores P P P Paint, Glass, and Wallpaper Stores P Pet Shops P P P Recycling Collection Services C C Record, Tape, & video Stores (including rental) P P P Restaurants (sit down): a) With entertainment and/or serving of alcoholic beverages b) Incidental serving of beer and wine (without a cocktail lounge, bar, entertainment, or dancing) c) Fast Food: without drive- thru d) Fast Food: with drive-thru e) After-Hours Operation as defined by Grand Terrace Municipal Code Section 18.06.032. (5) P P P P C(5) P C C C C(5) C C C C C(5) Schools, Business & professional C C C Shoe Stores, Sale and Repair P P P Smoke Shops P P Sporting Goods Stores P P Stained Glass Assembly P Supermarkets a) After-Hours Operation as defined by Grand Terrace Municipal Code Section 18.06.032. (5) P C(5) P C(5) Tailor Shops P P P Television, Radio, VCR, Stereo, and CD Component Sales P P Tire Stores P Toy Stores P P Travel Agencies P P P Variety Department Stores, Junior Department Stores P P 01247.0005/636129.1 Veterinary (domestic, non- boarding) C(5) Watch and Clock Repair Stores P P P Yardage Goods Stores P P 01247.0005/636129.1 TABLE I, LAND USE MATRIX (cont.) General Commercial Village Commercial Office/ Professional 2. Entertainment and Cultural Uses PA 1 PA 2 PA 3 Cultural / Artist Exhibits: a. Indoor gallery and art sales b. Outdoor art exhibits P C P C Movie theaters P 3. Office and Administrative Uses Banks, Finance Services and Institutions P P P Business and Office Services P P P Interior Decorating Firms P P P (2) Medical / Dental Offices and Related Health Clinics P P P Medical Laboratories P P P Optician and Optometric Shops P P P Realtors and Real Estate Offices P P P Travel Agencies P P P 4. Public and Quasi Public Uses Government Offices and Facilities C C C Public Schools P Churches C P Private Schools Associated with a Church and located on same site C P 01247.0005/636129.1 Notes: (1) Outdoor displays/uses shall take place in front of business on site, which have been approved with a conditional use permit. Under special circumstances, outdoor uses/ displays are allowed without conditional use permits (refer to Development Regulations). (2) Permitted with no showroom facilities. (3) Conditional permit required for off sale of alcoholic beverages within 500 feet of a school. (4) An auto service station featuring the sales of gasoline with a convenience food market is permitted with the approval of a Conditional Use Permit by the Planning Commission at the southwest corner of Barton Road and Mount Vernon Avenue only. (5) A proposed After-Hours Operation use shall comply with the requirements of Chapter 18.84 – Administrative Conditional Use Permit subject to review and approval by the Planning and Development Services Director. Conditions of Approval specific to After-Hours Operations may be assigned, including but not limited to parking, security, lighting, noise, and property maintenance. A proposed After-Hours Operation use in excess of 2,000 square feet shall require compliance with a Conditional Use Permit pursuant of Chapter 18.83 – Conditional Use Permits subject to review and approval by the Planning Commission. For other uses proposing After-Hours Operations that are not identified on Table I Land use Matrix, the Planning and Development Services Director shall determine whether such use is a permitted use or conditionally permitted use on the basis of similarity to uses specifically permitted to operate as After-Hours Operations. Application for determination of such similar uses shall be made in writing to the Planning and Development Services Director in the form provided by the Planning and Development Services Director and shall include a detailed description of the proposed use and such other information as may be required by the Planning and Development Services Director to facilitate the determination. Such application shall also include payment for such application fees as may be adopted by Resolution of the City Council. The determination of the Planning and Development Services Director shall be appealable to the Planning Commission and the determination of the Planning Commission shall be appealable to the City Council. The determination by the City Council shall be final. (6) Existing businesses permitted to operate any time between the hours of 11:00 p.m. to 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt from the Administrative Conditional Use Permit/Conditional Use Permit process.