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.
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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.
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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.
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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.
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