Sec. 38-161. Required Findings.
The Planning Commission or the City Manager or Designee, as the case may be, shall approve an application for a Use Permit or variance as it was applied for or in modified form, as required by the Commission, if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the City Manager or Designee finds:
A. For Use Permits.
1.That the proposed use is in accord with the objectives of this chapter and the purposes of the zone;
2.That the proposed use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city; and
3.That the proposed use will comply with any specific condition required for that use.
Special Finding for residential condominium or residential condominium conversion projects:
4.That the proponents of the residential condominium or residential condominium conversion projects have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within thirty (30) months of the approval of the project; and intend to complete the construction within a reasonable time, as determined by the Planning Commission. (Ord. 3436 § 2, 2009)
B. For Variances.
1.That, because of special circumstances or conditions applicable to the subject property (including size, shape, topography, location, or surroundings), strict application of the requirements of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
2.That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare; and
3.That granting the application is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. (Ord. 3424 §§ 1, 14, 2009)