§ 85.06.040  Findings Required.
   (a)   General Findings for All Use Permits (Conditional and Minor).  The review authority shall first find and justify that all of the following are true before approving a Conditional Use Permit or Minor Use Permit application.
      (1)   The site for the proposed use is adequate in terms of shape and size to accommodate the proposed use and all landscaping, loading areas, open spaces, parking areas, setbacks, walls and fences, yards, and other required features pertaining to the application.
      (2)   The site for the proposed use has adequate access, which means that the site design incorporates appropriate street and highway characteristics to serve the proposed use.
      (3)   The proposed use will not have a substantial adverse effect on abutting property or the allowed use of the abutting property, which means that the use will not generate excessive noise, traffic, vibration, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.
      (4)   The proposed use and manner of development are consistent with the goals, maps, policies, and standards of the General Plan and any applicable community or specific plan.
      (5)   There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.
      (6)   The lawful conditions stated in the approval are deemed reasonable and necessary to protect the public health, safety, and general welfare.
      (7)   The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.
   (b)   Additional Findings for Minor Use Permits.  The review authority shall first find and justify that all of the following additional findings are true before approving a Minor Use Permit application.
      (1)   There are no circumstances that would result in standards or conditions not being able to adequately mitigate environmental impacts.
      (2)   The project is planned for immediate development and does not include a phased development.
      (3)   The project is not likely to result in controversy. If the proposed project fails to satisfy any of the findings identified in this Subdivision, it shall only be processed as a Conditional Use Permit in compliance with this Chapter.
(Ord. 4011, passed - -2007)