Chapter 17.88 — SIMILAR USES

It is recognized in the development of a comprehensive zoning ordinance that ambiguity may arise concerning the appropriate classification of or permission of an unlisted particular use within the meaning and intent of this title. Hence, the phrase "other similar uses permitted by Commission determination" appears under "uses permitted" in each zone.

(`78 Code, § 17.88.010.)

When an unlisted use or uses are proposed to the Commission for a particular zone, or when classification of an unlisted use or uses is requested, the Commission may initiate proceedings, by motion, to ascertain all pertinent facts concerning said proposal or request, hold public hearings and, by resolution, make its findings and state its reasons for classifying or permitting or not classifying or permitting any unlisted use or uses as similar uses in a particular zone. (`78 Code, § 17.88.020.)

The Planning Department shall study the proposed similar use or uses and shall provide information necessary to assure action consistent with the intent of this title and the General Plan and shall report the findings to the Commission.

(`78 Code, § 17.88.030.)

(A) The hearing date shall be set by the Secretary of the Planning Commission for not less than ten nor more than 45 days after the initiating motion by the Commission.

(B) The notice of time, place and purpose of the hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The title of such notice shall consist of the words "Notice of Hearing on Proposed Similar Use" in larger type than that used for the balance of the notice. (`78 Code, § 17.88.040.)

(A) The Commission shall not less than ten days after the publication of the legal notice of a public hearing on a proposed similar use hold said public hearing.

(B) Within 35 days after the close of the public hearing, the Commission shall make findings that all the following conditions do or do not exist in relation to the proposed use in the particular zone within which it is proposed to be located:

(1) It is not inconsistent with the purposes and intent of this title;

(2) It is similar to one or more uses permitted in the zone within which it is proposed to be located;

(3) Its operation is compatible with other permitted uses within said zone;

• (4) It will further the objectives of said zone;

• (5) It will not cause substantial injury or impair the present or potential use of the properties in said zone;

• (6) It will not be detrimental to the public health, safety, convenience and welfare of the community;

• (7) It will not generate substantial additional traffic congestion over other permitted uses in said zone; and

• (8) It will not adversely affect the intent of the city’s General Plan.

• (C) If the Commission makes findings that all said conditions enumerated in division (B) of this section do so exist,

it shall state its reasons therefor and by the same resolution include the proposed use as a permitted one within the zone in which it was proposed or requested to be included. A copy of the resolution shall be filed with the City Clerk within three days of its adoption date. If the Commission makes findings that all said conditions enumerated in

division (B) of this section do not so exist, it shall state its reasons therefor in the resolution. Such a resolution shall be filed in the office of Planning Director.

(`78 Code, § 17.88.050.)

Upon the City Clerk’s receipt of the resolution described in § 17.88.050(C), the Council, at its next regular meeting following the date of the receipt, may, by motion reverse or modify in whole or in part the Commission’s resolution. Unless the Commission’s resolution is reversed, it shall become effective with any Council modifications on the date following the Council meeting at which the resolution was considered. (`78 Code, § 17.88.060.)