9652.15. - Required burden of proof.

The applicant for a conditional use permit required by this section shall have the burden of proving the following facts:

A.

Hillside areas:

1.

That the proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, erosion hazards, or other hazards;

2.

That the proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area;

3.

That the proposed project can be provided with essential public services and is consistent with the objectives and policies of the general plan; and

4.

That the proposed development will complement the community character and benefit current and future community residents.

B.

Significant ecological areas:

1.

That the proposed project is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas;

2.

That the proposed project is designed to maintain water bodies, watercourses, and their tributaries in a natural state;

3.

That the proposed project is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state;

4.

That the proposed project retains sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from such project;

5.

That where necessary, fences or walls are provided to buffer important habitat areas from development; and

6.

That roads and utilities serving the proposed project are located and designed so as not to conflict with critical resources, habitat areas or migratory paths.