Part 6 — CONDITIONAL USE PERMITS

A.

The provisions of this part apply to and govern the issuance of all permits made subject to the provisions of this part. All permits governed under this part shall hereinafter be referred to as conditional use permits, and shall be issued by the planning commission or by the city council as described in this Chapter 20.100.

B.

Use exception permits, legal nonconforming use enlargement permits, permits for parking areas or structures in residence districts, development permits in the T-M district, quarry permits, cluster permits and low density cluster permits issued under previously existing provisions of this title shall be deemed to be conditional use permits and shall be governed by this part.

(Ords. 26248, 28731.)

Upon finding an application for a conditional use permit complete pursuant to this chapter, the director shall review the application and shall set a public hearing thereon before the planning commission or city council, as appropriate pursuant to the provisions of this Chapter 20.100.

(Ords. 26248, 28731.)

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:

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

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

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

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

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

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.

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 planning commission, or the city council, 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.)

A.

A conditional use permit may be time-conditioned, as appropriate, by the planning commission or city council.

B.

If the use authorized by the conditional use permit is discontinued for a period of 12 months, the conditional use permit will expire and the conditional use permit will no longer be in effect.

(Ord. 26248.)

A.

The permit holder may seek renewal of a time-conditioned conditional use permit by filing a timely renewal application on the form provided by the director.

B.

An application for renewal must be filed more than ninety calendar days but less than one hundred eighty calendar days prior to the expiration of the conditional use permit.

C.

Once a renewal application has been filed in a timely manner, the expiration date of the conditional use permit is automatically extended until either the issuance or denial of the application for renewal has become final.

D.

Any application filed after the renewal filing period has expired shall be deemed to be an application for a new conditional use permit. If a new conditional use permit is not issued prior to the expiration of the conditional use permit, the continuation of any use which requires such permit shall be in violation of this title.

E.

The procedures set forth in this chapter for the processing of an application for a conditional use permit shall equally apply to a renewal application except as hereinafter expressly set forth.

(Ord. 26248.)

A.

Consideration of a renewal application shall be based on a rebuttable presumption that the use as permitted by the conditional use permit meets the findings of this part.

B.

The presumption shall be rebutted by any evidence of noncompliance with any condition of any prior permit or law or ordinance, or by evidence of any changed condition in the neighborhood, or by evidence that the continued use creates a nuisance as defined by this title, or an impairment of public peace, health, safety, morals or welfare.

C.

Once the presumption has been rebutted, the conditional use permit shall not be renewed unless the findings required by this part have been made and the planning commission, or city council, is satisfied that full compliance with all conditions, laws and ordinances is assured.

(Ord. 26248.)

A.

An amendment may be granted by the planning commission, or the city council, upon a finding that the amendment does not negate any findings required by this part.

B.

Nothing in this section shall preclude the commission or the city council from modifying, adding or deleting any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 26248.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Section 20.100.220 - 20.100.280.

(Ord. 26248.)