139 ORDINANCE NO. 139
AN ORDINANCE OF THE CITY OF GRAND TERRACE ADOPTING
ITEMS 1 AND 2 OF ZONING AMENDMENT Z-92-02 AND E-92-04
TO CHAPTERS 18.63, 18.83 AND 18.89 TO ALLOW INCREASED
STAFF LEVEL REVIEW OF SMALL PROJECTS AND CLARIFICATION
OF ZONING TERMS, INCLUDING THE NEGATIVE DECLARATION
WHEREAS, the City Council approved the Zoning Ordinance on August 23, 1990;
and
WHEREAS, Items 1 and 2 of the proposed Zoning Amendment Z-92-02 are set out
in full in Attachment A including modifications to the following sections of the Zoning
Ordinance:
Item 1
Chapter 18.63 Site and Architecture (Section 18.63.020 Application and
Section 18.63.040 Submittal Process)
Chapter 18.83 Conditional Use Permit (Section 18.83.020 Application, Section
�w 18.83.090 Expiration and Extensions, Section 18.83.031
Conditions of Approval and Section 18.83.032 Revisions and
Modifications)
Chapter 18.89 Minor Deviations (Section 18.89.050 Approval Process); and
WHEREAS, the proposed amendments are consistent with the goals, objectives and
policies of the City of Grand Terrace General Plan; and
WHEREAS, the overall impact of proposed amendment is: 1) a faster, more flexible
review process for the smaller projects; a process more responsive to community requests;
and 2) an enhancement of aesthetic value of residential and commercial properties as zoning
regulations meet the General Plan goals and are clear to understand and easier to
implement; and
WHEREAS, increased staff level reviews will:
provide applicants of minor projects a more fair review process in
• terms of time, cost and requirements since it will not require the same
number of plans, time of review, notice and so forth;
make our process similar to most cities in the area, i.e. Loma Linda,
I%W Redlands, Colton, Moreno Valley, etc.;
likely diminish counter complaints regarding public hearing
requirements for small projects;
avoid a small item to be the only reason for an official meeting. Any
meeting requires considerable staff time, commissioners' time,
preparation of minutes, agendas, notices, letters, reports, and so on,
thereby increasing cost-effectiveness of the planning team and Planning
Commission work;
allow staff to concentrate on major current and advanced planning
issues, such as the Housing Element, General Plan updates, Zoning
Code enforcement and other areas needing attention; and
allow staff to propose a reorganization of the fee schedule, whereby
small projects would cost less and larger projects more, decreasing the
need for City subsidies as currently occurs (approximately 90% of
application cost); and
WHEREAS, amendment to the Conditional Use Permit section will clarify
procedures, making it easier for the applicant to understand and for staff to implement the
regulations and conditions of approval; and
WHEREAS, amendments to the Minor Deviation section of the code will allow for:
Planning Director discretion to approve Minor Deviations with no
need to make State findings and base decision on her/his own findings.
"As is" the Planning Director has no flexibility. The process is basically
a minor variance;
- Grand Terrace regulations regarding Planning Director's discretion to
be typical as in the region; and
Planning Director's discretion when, for instance, a setback shortage
of one foot may cause a property owner to lose a home loan.
Processing time to make State findings requires site inspections from
staff and field work from property owner, thereby delaying the process
significantly without a real need for it. The environmental impact of
such a project is null; and
•
WHEREAS, the proposed amendments will not pose a detriment to the general
k% , welfare of the citizens of Grand Terrace; and
WHEREAS, in accordance with the provisions of the California Environmental
Quality Act, a Negative Declaration has been prepared for this project and has been
approved by the Planning Commission and considered by the City Council. This Negative
Declaration is available for review at the City Planning Department; and
WHEREAS, the Planning Commission held a properly noticed public hearing on
April 2, 1992; and
WHEREAS,the Planning Commission,at its meeting on April 2, 1992,recommended
to the City Council that Items 1 and 2 of the proposed Zoning Amendment to increase staff
level reviews of small projects and clarification of zoning terms, set out in full in the
attachment amending Chapters 18.63, 19.83 and 18.89,be approved and adopted by the City
Council; and
WHEREAS, the City Council held a properly noticed public hearing on May 14,
1992, for the approval of Z-92-02 and E-92-04.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Items 1 and 2 of the proposed Zoning Amendment No. Z-92-
02, set out in full in Attachment A, is approved and adopted by
the City Council.
Section 2: The Negative Declaration on file in the Planning Department
of the City of Grand Terrace, E-92-04, is hereby approved.
Section 3: Effective Date: This Ordinance shall be in full force and effect
at 12:01 a.m. on the 31st day of its adoption.
Section 4: Posting: The City Clerk shall cause this Ordinance to be posted
in three (3) public places within fifteen (15) days of its
adoption, as designated for such purpose by the City Council.
Section 5: First read at a regular meeting of the City Council of said City
held on the 14th day of May, 1992 and finally adopted and
• ordered posted at a regular meeting of said City Council on the
llth day of June, 1992.
ATTEST:
Deputy City Clerk of th `City of May of the City of
Grand Terrace and of Grad Terrace and of
the City Council thereof the City Council thereof
I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do
hereby certify that the foregoing Ordinance was introduced and adopted at a regular
meeting of the City Council of the City of Grand Terrace held on the 11th day of June,
1992, by the following vote:
AYES: Councilmembers Carlstrom, Christianson; Mayor Pro Tem Grant;
Mayor Matteson
NOES: Counci 1 member Hi 1 key
ABSENT: None
ABSTAIN: None
f��Q.o GL (i.0. .1 IT
City Clerk
Brenda Stanfill
Approved as to form:
City Attorney
John Harper
•
CHAPTER 18.63
SITE AND ARCHITECTURAL REVIEW
Sections:
18.63.010 Purpose
18.63.020 Application
18.63.030 Scope
18.63.040 Submittal Process
18.63.050 Public Hearing Process
18.63.060 Approval Process
18.63.070 Appeal Process
18.63.080 Building Permit Process
18.63.090 Revisions
18.63.100 Expiration/Extensions
Section 18.63.010 Purpose:
The purpose of this chapter is to empower the Planning Commission to sit as the City's Site
and Architectural Review Board with the responsibility for comprehensive site plan and
• architectural review in order to achieve the following:
A. To ensure that new development and the alteration or enlargement of existing
development occurs in a manner that is consistent with the intent of this title
and the General Plan;
B. To ensure that the location and configuration of structures are visually
harmonious with their sites and surrounding sites and structures, that they do
not unnecessarily block scenic views from other structures and/or public
areas, and is in scale with the townscape and natural landscape of the area;
C. To ensure that the architectural design of structures and their materials and
colors are visually harmonious with surrounding development, natural
landforms, is functional for the proposed project and is consistent with this
title;
D. To ensure that plans for landscaping and open spaces provide a functional
and visually pleasing setting for the structures on the site and is harmonious
with the natural landscape of the area and nearby developments;
E. To ensure the preservation of the natural beauty of the city and its setting, to
prevent the indiscriminate clearing of property, the destruction of trees and
. natural vegetation and the excessive and unsightly grading of hillsides, and to
preserve the natural landforms;
,%W F. To ensure that the design and location of signs are consistent with the scale
and character of the building to which they are attached or otherwise
associated with and are consistent with this title.
Section 18.63.020 Application:
A. Site and architectural review shall be required in the event any of the
following actions occur:
1. Any new construction
2. Any remodeling or renovation of a structure which results in:
a) A change in use or intensity of use (includes any proposed use
of a structure which has been vacant for a period of six months
or more); or
b) An increase in building size (including bulk area and floor
area); or
c) Increased capacity; or
�W d) Additional street access.
3. Any conversion of a single ownership property to a condominium
ownership or stock cooperative project.
4. Any placement of a modular structure in any district in accordance
with this title.
B. The following items may be approved by the Planning Director without going
to the Site and Architectural Review Board:
1. Patio covers and patio enclosures. in an R1 Distr et tindef 10' in
height.
2. Sunrooms provided they strictly meet the Planning Commission setback
policies UBC and other construction code regulations.
3. Satellite dish antennae provided they can be screened from the street
in accordance with code and design standards. Notice including
location map or site plan shall be mailed to adjacent property owners
requesting comments at least two weeks in advance of the Planning
Director's decision.
4. Overhead decks provided they strictly meet tt:e Planning Commission
design guidelines.
2, 5. Accessory structures located in a R1-7.2 District under 10' in height
and over 20' in height in the R1-10/20 District with less than 500
square feet.
6. Ground floor additions to existing residential structures located in an
R1 District where the addition is less than 500 sq. ft. gross floor area
and the exterior design and materials of the addition matches the
exterior design and materials of the existing structure.
C. The following items may be approved by the Planning Director without going
to the Site and Architectural Review Board. However, the plans must be
routed to all reviewing agencies and notices shall be mailed to adjacent
property owners requesting comments within two weeks.
The Planning Director decisions shall be final unless appealed to the Planning
Commission within 10 calendar days. Appeals shall be filed with the Planning
Department and follow similar rules as the appeals to the City Council
(Section 18.63.070).
1. All accessory structures except:
j Structures with 65% or more of the square footage of
the main residence living area. Living area does not
include porches, patios, carports, garages, storage areas,
or auxiliary rooms.
Structures 1,200 square feet or more in size.
j Structures with lot coverage higher than 25%.
2. All room additions except:
Room additions with 65% or more of the square footage of the
main residence living, area. Living area does not include
_porches, patios, carports, garages, storage areas, or auxiliary
rooms.
Section 18.63.030 Scone:
Where site and architectural review is required the Site and Architectural Review Board
shall consider the following issues (the Site and Architectural Review Board may also
consider other relevant issues not listed below):
A. The proposed site plan for the property shall be reviewed taking into
consideration the following:
1. Placement of all structures and improvements (including
adherence to setback requirements)
2. Vehicular ingress and egress
3. Internal vehicular circulation and parking lot design
4. Pedestrian and vehicular safety
5. Landscaping
6. Pedestrian amenities
7. Lighting
8. Location of all service facilities
9. Walls and fences
10. Police and fire protection
11. Relationship to adjoining properties, structures and the site's
and surrounding area's natural topography
12. Relationship to existing and/or the planned use of adjoining
properties and within the general area
13. Consistency with this title and the General Plan
B. The proposed architecture of all structures shall be reviewed taking into
consideration the following:
1. Architectural style and building design
2. Proposed building materials and colors
3. Height of structures
4. Design and location of all signs
5. Size and bulk of the structures in relation to existing and/or
planned structures on the subject site, adjoining properties and
within the general area
6. Consistency with this title and the General Plan
Section 18.63.040 Submittal Process:
Applications for site and architectural review shall be submitted to the Planning
Department. The Planning Director shall review each application and determine its
completeness in accordance with planning department policy. Upon determination that an
application is complete, the application shall be scheduled either for review by the Site and
Architectural Review Board with publie hearing or by the Planning Director as applicable
Oftr according to Section 18.63.020.
An application for site and architectural review shall contain the following:
A. Completed application form.
B. Site plan, twenty-five (25) blueline copies plus one (1) 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. Elevations, twenty-five (25) blueline copies plus one (1) blueline copy colored
for presentation purposes. The elevations shall be scaled, dimensioned
drawings of each side of each building and/or sign.
• D. Landscape plan, twenty-five (25) blueline copies plus one (1) blueline copy
colored for presentation purposes. The landscape plan shall show the location
of all proposed plant material, common and botanical names, quantities and
sizes,paved areas and paving materials and property lines.
E. Grading Plan, twenty-five (25) blueline copies plus one (1) blueline copy
colored for presentation purposes. The grading plan shall show existing and
proposed topography for the site and within 100 feet of the property lines.
The plan shall also show all trees with a trunk diameter greater than four
inches.
F. Material Board, one (1) 8 1/2" by 11" mounting board showing samples of
exterior design elements such as roofing material, paint chips, brick, stone or
other accent features.
G. 300 foot radius map, property owner mailing list keyed to the radius map and
a signed mailing list affidavit.
H. Application fee.
The Planning Director may require additional information or delete certain requirements
• from an application depending on the specific situation.
Section 18.63.050 Public Hearing:
The Site and Architectural Review Board shall hold a public hearing on any proposed site
and architectural review application and shall notice said hearing in accordance with Section
65091 of the California Government Code.
Section 18.63.060 Approval Process:
After review of an application, the Site and Architectural Review Board shall approve the
application only if:
A. The following findings are made;
1. The proposed project is consistent with the intent of the Grand
Terrace Municipal Code and the General Plan.
2. The location and configuration of all structures associated with
this project are visually harmonious with this site and
surrounding sites and structures, that they do not unnecessarily
block scenic views from other structures and/or public areas
and are in scale with the townscape and natural landscape of
the area.
3. The architectural design of structures, their materials and colors
are visually harmonious with surrounding development, natural
landforms, are functional for the proposed project and are
consistent with the Grand Terrace Municipal Code.
4. The plan for landscaping and open spaces provide a functional
and visually pleasing setting for the structures on this site and
is harmonious with the natural landscape of the area and
nearby developments.
5. There is no indiscriminate clearing of property, destruction of
trees or natural vegetation or the excessive and unsightly
grading of hillsides, thus the natural beauty of the city, its
setting and natural landforms are preserved.
6. The design and location of all signs associated with this project
are consistent with the scale and character of the building to
which they are attached or otherwise associated with and are
consistent with the Grand Terrace Municipal Code.
7. Conditions of approval for this project necessary to secure the
purposes of the Grand Terrace Municipal Code and General
Plan are made a part of this approval.
Section 18.63.070 Appeal Process:
• The decision of the Site and Architectural Review Board shall be final unless appealed to
the City Council within ten (10) 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 Site and Architectural Review Board 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 Site and Architectural Review Board and the appellant.
C. The Site and Architectural Review Board shall submit a report to the City
Council containing the reasons for the Board'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 Site and Architectural Review Board's decision. If during the City
Council's hearing of the appeal, new information is provided that was not
considered by the Site and Architectural Review Board, the City Council may
refer the application back to the Site and Architectural Review Board for
reconsideration of the application with the new information.
Section 18.63.080 Building Permit Process:
After the appropriate appeal period has ended or after a final determination is made by the
City Council, the applicant may submit for building permits.
The application shall include three (3) sets of the approved siteplan, elevations, landscape
plan and grading plan, 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 Site and
Architectural Review Board 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.
Section 18.63.090 Minor Alterations and Revisions:
%W An applicant may request minor alterations or revisions to approved plans after the initial
approval of the plans as follows:
A. Minor alterations to the approved plans which result in a change to the
exterior facade of a structure, any element of the landscaping plan or the
design of the siteplan may be approved by the Planning Director. Other
minor alterations may be approved by the Building and Safety Director. All
approved minor alterations shall not result in a substantial change from the
approved plans.
B. Any proposed revisions which result in a substantial change to the approved
plans shall be submitted to the Site and Architectural Review Board for
consideration pursuant to the procedures set forth in this chapter for initial
application.
Section 18.63.100 Expiration and Extensions:
The approval of a site and architectural review application shall expire one (1) year from
the date of its approval unless one of the following actions occur:
A. The applicant applies for a building permit in accordance with the approved
plans prior to the expiration date.
B. The applicant applies to the Planning Department for an extension of the
approval prior to the expiration date.
The Planning Director may upon application by the applicant, extend the period of approval
for a length of time up to one year. No approval shall be extended to a date beyond two
(2) years from the date of the initial approval.
CHAPTER 18.83
CONDITIONAL USE PERMITS
Sections:
Section 18.83.010 Purpose
Section 18.83.020 Application
Section 18.83.030 Submittal Process
Section 18.83.040 Public Hearing Process
Section 18.83.050 Approval Process
Section 18.83.060 Appeal Process
Section 18.83.070 Building Permit and Business License Process
Section 18.83.080 Revocation
Section 18.83.090 Expiration and Extensions
Section 18.83.010 Purpose:
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.
Section 18.83.020 Application:
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.
Section 18.83.030 Submittal Process:
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 and consideration by the Planning Commission. An application for a conditional
use permit shall consist of the following:
A. Completed application form.
B. Site plan, twenty-five (25) blueline copies plus one (1) 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, twenty-five (25) blueline copies plus one (1) 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. 300 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.
Section 18.83.031 Conditions of Approval
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
I%W 8. Such other conditions as may be determined to assure that development will
be in accordance with the intent and purposes of this Title.
Section 18.83.032 Revisions or Modifications
Revisions or modifications of conditional use permits may requested by the applicant.
Further, the Planning Commission may periodically review, modify or revoke a conditional
use permit.
1. Revisions or Modifications Requested byApplicant.
A revision or modification to an approved conditional use permit such as, but
not limited to, change in conditions, expansions, intensity or hours of
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 evident 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.
Section 18.83.040 Public Hearing:
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.
Section 18.83.050 Approval Process:
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.
Section 18.83.060 Appeal Process:
The decision of the Planning Commission shall be final unless appealed to the City Council
within ten (10) 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.
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.
Section 18.83.070 Appe"d Related Building Permit and Business License Process:
After the appropriate a eal period has ended or after a final determination is made by the
PP
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 (3) 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.
. Section 18.83.080 Revocation:
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. 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.
Section 18.83.090 Expiration and Extensions:
A. The applicant applies- for- a bidsiness heense and begins epeFation of th-e
approval pfier- to the expifatien date.
eenditional tise permit pFiE)f tE) the expir-ation date, a efie yeaF extension fr-E)m the date -af
the building peffnit is issued shall be gfafited.-
The Planning Dif eetef fflay upon appheation by the appheant, extend the period of appf eva4
for- a length of time up to one year. No appfoval shall be extended to a date beyond two
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 1) 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 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 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.
CHAPTER 18.89
�4" MINOR DEVIATIONS
Sections:
Section 18.89.010 Purpose
Section 18.89.020 Application
Section 18.89.030 Submittal Process
Section 18.89.040 Authority of the Planning Director
Section 18.89.050 Approval Process
Section 18.89.060 Appeal Process
Section 18.89.070 Building Permit Process
Section 18.89.080 Revocation
Section 18.89.090 Expiration and Extensions
Section 18.89.010 Purpose:
The purpose of this Chapter is to establish the Planning Director's authority to grant a
minor deviation from the strict enforcement of this title when conditions warrant such a
deviation.
Section 18.89.020 Application:
A minor deviation from the regulations established in this title may be granted by the
Planning Director. Such a deviation shall be revocable and may be subject to conditions of
approval.
Section 18.89.030 Submittal Process:
Applications for a minor deviation 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 reviewed by the
Planning Director in accordance with this chapter and title. An application for a minor
deviation shall consist of the following:
A. Completed application form.
B. Site plan, five (5) blueline copies. The site plan shall be a fully dimensioned
drawing clearly showing:
1. Minor deviation(s) requested.
2. All buildings, property lines and easements.
3. All parking spaces, driveways and drive aisles.
4. All landscaped areas.
5. All walls and fences.
6. Location of all signs.
7. Public improvements to the street centerline.
8. Site address and assessor's parcel number.
9. Property owner name and address.
10. Number of lots and their sizes (in square feet).
11. North arrow, graphic and numeric scales.
C. Floor plans, five (5) blueline copies. The floor plans shall be scaled,
dimensioned drawings of each floor of each structure showing all existing and
proposed interior improvements.
D. Application fee.
The Planning Director may require additional information or delete certain requirements
from an application depending on the specific situation.
Section 18.89.040 Authority of Planning Director:
The Planning Director sitting as the city's zoning administrator shall, notwithstanding any
other provisions of this title, when in the public interest, without notice or public hearing,
approve, conditionally, deny or refer to the Planning Commission requests to modify the
following requirements of this title:
A. Off-street parking requirements.
B. Setback requirements.
C. Lot coverage requirements.
D. Height requirements.
A minor deviation shall not be granted for a modification which is greater than a tweflty
fifteen percent ( 15 o modification from a listed requirement of this title.
Section 18.89.050 Approval Process:
The Planning Director, shall investigate the facts bearing on the application so as to assure
that any granting of a minor deviation is consistent with this Chapter. After such
investigation, the Planning Director shall approve the application only if he/she f" that!
determines that the minor deviation is in accordance with the General Plan and Zoning
Ordinance of the City.
pf Mleges ineonsistent with the limitations upon othef properties in the Yieini�.I,
and distfiet in whieh the pfopefty is situated:
pfopef ty,
with the latest adopted Genefal Plan.
,vieinity.
G. VITLCTCIVITJ-1TCeesSCLTy te sCeUTG—the findiriggs imaua. a Yuit v� ua.
Section 18.89.060 Anneal Process:
The decision of the Planning Director shall be final unless appealed to the
Planning Commission within ten (10) 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 Director decision shall be made in the following
manner:
1. Filing with the Planning Department a completed Application
for Appeal.
2. Payment of the appropriate appeal fee.
B. After accepting an application for appeal, the Planning Department shall set
a date for the Planning Commission to hear the appeal. Notices of the appeal
shall be given to the applicant and the appellant.
C. The Planning Director shall submit a report to the Planning Commission
containing the reasons for the Director's decision.
D. The Planning Commission shall hear the appeal and make its own
�kw determination regarding the application and its consistency with this title and
the General Plan. Upon such determination, the Planning Commission shall
uphold, modify or reverse the Planning Commission's decision.
The Planning Commission's determination may be appealed to the City Council per the
procedure established in Section 18.86.060 of this title.
Section 18.89.070 Building Permit Process:
After the appropriate appeal period has ended or after a final determination is made by the
Planning Commission or City Council, the applicant may submit for a building permit. An
application for a building permit shall include three (3) sets of the approved siteplan 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 Director, 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.
�W Section 18.89.080 Revocation:
Any minor deviation granted in accordance with this title may be revoked if any of the
following actions occur:
A. Any violation of a condition of approval required for the minor deviation.
B. Any federal, state or local law or ordinance is violated in connection with
permitted minor deviation.
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. After conducting the public hearing the Planning Commission shall
make a recommendation to the City Council regarding revocation of the minor deviation.
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 minor deviation.
Section 18.89.090 Expiration and Extensions:
The approval of a minor deviation application shall expire one (1) year from the date of its
approval unless either of the following actions occur:
f
A. The applicant applies for a building permit in accordance with the approval
of the minor deviation prior to the expiration date.
B. The applicant applies to the Planning Department for an extension of the
approval prior to the expiration date.
The Planning Director may upon application by the applicant, extend the period of approval
for a length of time up to one year. No approval shall be extended to a date beyond two
(2) years from the date of the initial approval.
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