20.100.720

A. In addition to any findings required by any other section of this Title, the Planning Commission, or the City Council, may issue a Conditional Use Permit only after finding that: 1. The Conditional Use Permit, as approved, is consistent with and will further the policies of the general plan, applicable specific plans and area development policies; and 2. The Conditional Use Permit, as approved, is consistent with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and 3. The Conditional Use Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and 4. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this Title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and 5. 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. 6. 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 effect on adjacent property or properties. 7. The proposed project at the location shall be consistent with all applicable local, regional, state, and federal public health and safety policies; and shall not result in measurable impacts that would exceed applicable standards established for public health and safety including for noise, illumination, air quality or emissions; or hazards related to circulation or structural safety and shall comply with applicable building and fire codes; and shall conform to the City's objective design standards. 8. Proposed projects that include non-residential uses shall comply with the following requirements: a. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on site are mutually compatible and aesthetically harmonious. b. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood. c. The proposed use shall not: i. Adversely affect or be detrimental to the health, safety, or welfare of persons residing or working in the surrounding area; or ii. Impair the utility or value of property of other persons located in the vicinity of the site. 9. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable. B. The Planning Commission, or the City Council, as set forth in Section 20.100.200 , Table 20-260, 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, 29690, 29785, 30857, 31330 .)