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Pleasanton City Zoning Code

CHAPTER 18

128 DETERMINATION AS TO USES NOT LISTED

§ 18.128.010 Purpose and initiation.

In order to ensure that this title will permit all similar uses in each district, the zoning administrator upon receipt of a written request, shall determine whether a use not specifically listed as a permitted use or a conditional use in an A, O, C or I district shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed. The zoning administrator may refer a request to the planning commission, or the planning commission may seek such a determination upon its own initiative. The procedures of this chapter shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses and conditional uses, but shall be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to a listed use to justify a finding that the use should be deemed a permitted use or a conditional use in one or more districts.
(Prior code § 2-10.43; Ord. 2155 § 3, 2017)

§ 18.128.020 Application.

Application for determination that a specific use should be included as a permitted use or a conditional use in an A, O, C or I district shall be made in writing to the zoning administrator, and shall include a detailed description of the proposed use and such other information as may be required by the zoning administrator to facilitate the determination.
(Prior code § 2-10.44)

§ 18.128.030 Investigation-Report.

The zoning administrator shall make such investigations of the application as he or she deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter. In cases where the zoning administrator refers the request to planning commission, the zoning administrator shall prepare a report thereon which shall be submitted to the planning commission to aid the commission in making its determination of the classification of the proposed use.
(Prior code § 2-10.45; Ord. 2155 § 3, 2017)

§ 18.128.040 Determination by zoning administrator or planning commission.

The determination of the zoning administrator or planning commission shall be rendered in writing within 60 days unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion.
(Prior code § 2-10.46; Ord. 2155 § 3, 2017)

§ 18.128.050 Effective date of determination.

Within 10 days following the date of a decision of the planning commission on a request for a determination as to a use not listed, the secretary shall transmit to the city council written notice of the decision. The decision shall become effective 15 days following the date on which the determination was made or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review the decision of the commission.
(Prior code § 2-10.47)

§ 18.128.060 Appeals.

Any appeal pursuant to this action shall follow the procedures outlined in Section 18.144 of this title.
(Prior code § 2-10.48; Ord. 2155 § 3, 2017)