20.170.240

Conditional use permit findings.

San Jose Municipal Code · San José Municipal Code § 20.170.240

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To achieve the purposes of this chapter, all projects shall conform to the requirements of this chapter and all other parts of this title applicable thereto, provided that if there is any conflict between the provisions of this chapter and such other parts of this title, the provisions of this chapter shall control. An application for a conditional use permit for a project which does not comply with all of the development standards in Section 20.170.300 may, but shall not under any circumstances be required to be granted and a conditional use permit may be issued therefor if the planning commission or city council finds that: 1. Because of circumstances applicable to the subject property or to the structures situate thereon, including (but not limited to) the size, shape, location or surroundings of the subject property or the buildings situate thereon, but expressly excluding any consideration of the personal circumstances of the developer, the strict application of the development standards set forth in Section 20.170.300 would create an unreasonable economic hardship, and 2. A conditional use permit issued under this chapter not in conformance with such development standards, subject to such conditions as may be imposed thereon: a. Will provide for substantial compliance with such development standards, and b. Will incorporate mitigating features into the project which tend to further the purposes of this chapter. (Ord. 26248.)