§ 20.100.820. Findings.

A.

In addition to any findings required by any other section of this title, the director, planning commission or city council as appropriate, may issue a special use permit only if all the following findings are made:

1.

The special use permit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies; and

2.

The special use permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and

3.

The special use permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and

4.

The proposed use at the location requested will not:

a.

Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or

b.

Impair the utility or value of property of other persons located in the vicinity of the site; or

c.

Be detrimental to public health, safety, or general welfare; and

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate the use with existing and planned uses in the surrounding area; and

6.

The proposed site is adequately served:

a.

By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and

b.

By other public or private service facilities as are required.

7.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

B.

The director, planning commission, or city council as appropriate, shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ords. 26248, 29484, 29785.)