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Objective Development Standards City Council Draft Code Amendments A-109 5.08.124 Required Findings An application for a use permit or variance as it was applied for or in modified form as r equired by the Board, shall be approved if, on the basis of the application, plans, materials, and testimony submitted, the Board finds: A. For All Use Permits. 1. That the proposed location of the use is in accord with the objectives of this Code and the purposes of the district in which the site is located; 2. That the proposed location of the 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; 3. That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located; and 4. That the proposed use will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated. B. For Variances. 1. That because of special circumstances or conditions applicable to the subject property, including narrowness and shallowness or shape, exceptional topography, or the extraordinary or exceptional situations or conditions, strict application of the requirements of this chapter would result in peculiar and exceptional difficulties to, or exceptional and/or undue hardships upon, the owner of the property; 2. That the relief may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without significant detriment or injury 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 Code and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. 4. OS District Only. That granting the application is consistent with the requirements of Section 65911 of the Government Code and will not conflict with General Plan policy governing orderly growth and development and the preservation and conservation of open- space land. C. For Parking Exceptions. 5. The strict application of the provisions of this Code would cause particular difficulty or undue hardship in connection with the use and enjoyment of said property. 158