Chapter 16.339 — FINDING OF SIMILAR USE

The intent of this chapter is to allow the Director of Community Development to determine whether a use that is not specifically listed in this title as a permitted, conditional or special use in a district, shall be as a permitted use, conditional use or special use in one or more districts on the basis of its similarity to uses that are specifically listed. (08-05)

• A. Application Filing

Application for a finding of similar use shall be made on forms provided by the Department of Community Development together with applicable fees. The application shall include an explanation of the requested use, the districts in which the use is proposed, why the use should be permitted, and any additional information as may reasonably be required by the Director of Community Development for a complete understanding of the proposal. Filing of an application does not constitute an indication of approval.

• B. A person may not file, and the Department of Community Development shall not accept, an application for a finding of similar use which is the same or substantially the same as an application upon which final action has been taken by the City of Claremont within 12 months prior to the date of said application, unless accepted for filing by a motion of the Planning Commission or City Council.

• C. Filing Fee

The application filing fee for a finding of similar use shall be established by resolution of the City Council. (08-05)

• A. Application Screening

Upon receipt of an application for a finding of similar use, staff shall review the application and inform the applicant as to the completeness of the submittal and of additional materials required, if any.

• B. Review and Decision

When an application is deemed complete for a finding of similarity, the Director of Community Development shall act expeditiously on the application. The Director shall compare the proposed use characteristics with the General Plan goals and objectives, the land use district descriptions and permitted uses, and determine if the requested use is consistent with the intent of the General Plan and applicable land use district, and whether the required findings of this chapter can be made. In making a decision to permit a use in a land use district, the Director may require that the use be permitted subject to approval of a conditional use permit or a special use and development permit, or the Director may establish special development standards for the use as may be deemed necessary to assure consistency with the intent of the General Plan and applicable land use district, to promote the public health, safety and welfare. The Director shall notify the applicant and the Planning Commission of his/her decision by writing.

C. Required Findings

The Director shall not approve an application for a finding of similar use, unless the Director has made the following findings:

1. That the proposed new use is not contrary to the General Plan.

2. That the proposed use is consistent with the intent and description of the land use district in which it is proposed, and is of similar intensity to other permitted uses or uses permitted with a conditional use permit or a special use and development permit within the land use district.

   3. That the proposed new use will not impair the integrity and character of the land use district where it is proposed, or otherwise have an adverse effect on adjacent uses or properties.

   4. That the proposed use will not endanger or otherwise constitute a menace to the public health, safety or general welfare.

• D. Listing of Decisions

The Director of Community Development shall maintain a list of all decisions on proposed findings of similarity. A finding of similarity shall not be construed as an amendment to this title. (08-05)

The applicant or any other person may appeal, or the City Council may review, any decision of the Director pertaining to finding of similar use pursuant to Chapter 16.321 . (08-05)