Hesperia Municipal Code Art. VIII Use Determination by the Planning Commission

In order to ensure that the development code regulations will permit all similar uses in each designation, the planning commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted, conditional, or accessory use in any district shall be deemed a permitted use or conditional use in one or more designations on the basis of similarity to uses specifically listed or by the statement of intent for each land use designation.

(Ord. 192 Exh. A (§ 83.08.010), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Where the term "similar uses permitted by commission determination" is mentioned within any land use designation, it shall be deemed to mean other uses which, in the judgment of the planning commission as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same designation.

B. In no instance shall the planning commission determine, nor shall these regulations be so interpreted, that a use shall be permitted in a land use designation when such use is specifically first listed as permissible in a more restricted designation.

C. The procedures of this article shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. Appeals of use determinations made by staff shall be governed by these procedures.

D. The planning commission may, on its own motion or at the request of any party affected thereby, reconsider and change a written decision regarding uses previously determined by the planning commission.

E. The planning commission's determination regarding conformance of a use to a land use designation may be appealed to the city council, upon filing of the required appeal form and a fee set by the city council, pursuant to Section 16.12.055

(Ord. 192 Exh. A (§ 83.08.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Application for a finding of substantial conformity within a land use designation shall be made in writing to the planning division, and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination, along with the required fee as set by the city council.

(Ord. 192 Exh. A (§ 83.08.030), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The planning division shall compare the proposed use characteristics with the general plan goals and objectives, as well as the purposes of each of the land use designations, and may determine if the proposed use should be a permitted or conditional use in any of the designations, and shall make a report of his or her findings to the planning commission.

(Ord. 192 Exh. A (§ 83.08.040), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. The planning commission shall base its decision upon meeting the following findings:

1. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same land use designation;

2. The use in question meets the purpose and intent of the designation in which it is proposed;

3. The use in question meets and conforms to the applicable goals and objectives of the general plan.

B. The determination of the planning commission by resolution shall be effective pursuant to Section 16.12.045(B), unless appealed to the city council.

(Ord. 192 Exh. A (§ 83.08.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)