This article establishes procedures that are common to the processing of all permits and approvals provided for in the Zoning Ordinance, unless superseded by specific requirements of this Zoning Ordinance or State or Federal law.

(Ord. No. 1130-368, § 5, 1-9-17)

Applications shall be filed with the Planning Division and authorized by the owner of the affected property. Applications shall include pertinent information as required by the Director and be accompanied by a filing fee in an amount established by Council resolution.

(Ord. No. 1130-368, § 5, 1-9-17)

A.

Completeness. Within thirty (30) days of application submittal and fee payment, the Director shall determine whether an application is complete. If an application is incomplete, the Director shall provide written notification to the applicant listing the information or fees necessary to complete the application.

B.

Expiration of Pending Incomplete Application. If an applicant fails to submit the required materials within ninety (90) days of the Director's written notification of an incomplete application, the application shall expire and be deemed withdrawn. Restarting project review shall require the submittal of a new application with required fees. The Director may grant in writing extensions of the time limits described in this section for good cause.

C.

Time to Decision. After an application is deemed complete, a decision shall be made on the permit application in accordance with Government Code Section 65950 or other applicable law.

(Ord. No. 1130-368, § 5, 1-9-17)

Review authorities for permit applications are described in individual permit articles. The following provisions further specify review authority in particular circumstances.

A.

Concurrent Review. When a project requires approval of multiple permits, all of the permits shall be reviewed concurrently by the highest applicable review authority. The following is the review hierarchy listed from the lowest to the highest authority:

1.

Zoning Administrator—no public hearing.

2.

Zoning Administrator—public hearing.

3.

Planning Commission.

4.

City Council.

B.

Planning Commission Review. In addition to reviewing applications as required in the Zoning Ordinance and Municipal Code, Planning Commission review is also required in the following circumstances:

1.

Environmental Review. Planning Commission shall review all applications requiring a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report (EIR).

2.

New Construction Exceeding Three (3) Stories or Thirty-Five (35) Feet. Planning Commission shall review all applications involving new building construction or building additions exceeding three (3) stories or thirty-five (35) feet in height.

3.

Referral. Planning Commission shall review applications that have been referred by the Zoning Administrator, appealed or called up to the Planning Commission as provided for in Section 41.7 (Appeals) and 41.8 (Call Ups).

4.

Architectural Permits. Architectural Permit applications that exceed three thousand (3,000) square feet or a forty-five (45) percent floor area ratio, whichever is greater, as described in Article 48 (Floor Area Ratio for Single-Family Homes).

C.

City Council Review. In addition to reviewing applications as required in the Zoning Ordinance and Municipal Code, City Council review is also required for applications that have been appealed or called up to the City Council as provided for in Section 41.7 (Appeals) and 41.8 (Call Ups).

D.

Zoning Administrator Review. In addition to reviewing applications as required in the Zoning Ordinance and Municipal Code, Zoning Administrator is the review authority for:

1.

Streamlined Affordable Multi-Family (SB 35). This application is for affordable multi-family housing projects (two (2) or more units) under the State of California ministerial approval process outlined in Government Code Section 65913.4. No public hearing before the Zoning Administrator is required.

E.

Applications Not Listed. In the event a review authority is not specified for a particular application, the Zoning Administrator shall be the review authority.

(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-379, § 5(Exh. A), 8-26-19; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Public notice shall be provided as required by state law. The Downtown Precise Plan has additional notice requirements described in Chapter 2.0.

(Ord. No. 1130-368, § 5, 1-9-17)

Decisions may be made after any required public noticing has been completed and any required public hearings have been held, as may be required in individual permit Articles.

A.

Types of Decisions. The review authority may make decisions on permits in the following manner:

1.

Approve the permit if it can be found that the project meets the required findings, if any, and applicable law for the permit type. The review authority may impose conditions or modifications as necessary to ensure the project meets the required findings and applicable law, objectives of the General Plan or any applicable area plan, or as needed to protect the public health, safety and welfare.

2.

Deny the permit if the review authority finds that the project does not meet the required findings or applicable law.

3.

Amend or modify the permit if the review authority finds that the amendment or modification meets the required findings, if any, and applicable law for the permit type.

4.

Revoke or modify the permit if acting on a revocation procedure per Section 42.6 (Use Permit Modification or Revocation).

B.

Date of Action. The date of action shall be the day of the meeting or public hearing where the review authority makes a decision to approve, deny, conditionally approve, revoke or modify the permit. If a resolution is adopted for the decision, the date on which the resolution is adopted is the date of the action. For permit decisions which do not require a public hearing, the date of action shall be the date on the Notice of Official Action.

C.

Permit Effectiveness. A decision becomes effective after the expiration of the appeal period following the date of action, unless an appeal is filed or a decision is called up. No building permit or business license shall be issued until the permit becomes effective.

(Ord. No. 1130-368, § 5, 1-9-17)

A.

Appeal Period. Any affected person may appeal a decision within fifteen (15) days of the date of action or as otherwise specified by applicable law.

B.

What May Be Appealed. Decisions made by the Planning Manager, Director, Zoning Administrator, Subdivision Committee or Planning Commission may be appealed.

C.

Filing an Appeal. Appeals shall be filed in accordance with Chapter 1, Article III of the Municipal Code (Procedures on Appeals and Call Ups).

D.

Review Authority. Decisions by the Zoning Administrator, Planning Manager, Community Development Director, or Subdivision Committee may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council.

E.

Multiple Actions. If a project has multiple permit decisions, an appeal of any permit decision shall be considered an appeal of all of the associated permit decisions for the project. For a project requiring an environmental determination, that determination shall also be considered by the review authority considering the appeal.

F.

Appeal Hearing. Appeals shall be processed and heard de novo by the reviewing body in accordance with Chapter 1, Article III of the Redwood City Municipal Code (Procedures on Appeals and Call Ups).

G.

Finality. A decision by the Planning Commission on an appeal shall become final fifteen (15) days after the date of the decision unless called up by the City Council. A decision of the City Council becomes final on the date of the decision. Following a final decision on an appeal, reapplication will be governed by Section 41.12 (Reapplication). A person aggrieved by a final decision may seek judicial review by timely appealing to the appropriate court pursuant to California Code of Civil Procedure Sections 1094.5, 1094.6, 1094.8 or other applicable law.

(Ord. No. 1130-368, § 5, 1-9-17)

A.

Requesting a Call Up. Call ups may be requested within fifteen (15) days of the date of action. Call ups shall be requested in accordance with Chapter 1, Article III of the Municipal Code (Procedures on Appeals and Call Ups).

B.

Call Up Review Authority. Except for ministerial actions with no discretionary review, the Planning Commission may call up decisions by the Zoning Administrator, Planning Manager, Director, or Subdivision Committee. The City Council may call up decisions by the Planning Commission, Zoning Administrator, Planning Manager, Director, or Subdivision Committee.

C.

Multiple Actions. If a project has multiple permit decisions, a call up of any permit decision shall be considered a call up of all of the associated decisions for the project. For a project requiring an environmental determination, that determination shall also be considered by the review authority considering the call up. In the event an appeal is filed as well as a call up on the same project, the matters shall be consolidated and acted upon in compliance with this Article.

D.

Call Up Hearing. Call ups shall be processed and heard by the reviewing body in accordance with Chapter 1, Article III of the Redwood City Municipal Code (Procedures on Appeals and Call Ups).

E.

Finality. A decision by the Planning Commission on a call up shall become final fifteen (15) days after the date of the decision unless called up by the City Council. A decision of the City Council becomes final on the date of the decision. Following a final decision on a call up, reapplication will be governed by Section 41.12. A person aggrieved by a final decision may seek judicial review by timely appealing to the appropriate court pursuant to California Code of Civil Procedure Sections 1094.5, 1094.6, 1094.8 or other applicable law.

F.

Concurrent Hearings. An appeal and call up may be concurrently heard by the reviewing body.

(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

A.

Expiration and Extension. A permit expires two (2) years from the effective date if the use is not established or if building permits have not been issued for related work. As requested by the applicant, the Zoning Administrator may grant a one-time, one-year extension if the application is made prior to permit expiration.

B.

Cessation of Use. If the use specifically allowed by the permit ceases for a continuous period of six (6) months, the permit may be revoked per Section 42.6 (Use Permit Modification or Revocation).

(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-384, § 4(Exh. A), 4-12-21)

Permit modifications that include changing the use, altering any structure or modifying improvements shall be reviewed by the final review authority of the originally approved permit, unless the Community Development Director determines that the change is minor, and requires approval by the Zoning Administrator.

(Ord. No. 1130-368, § 5, 1-9-17)

A.

If the Zoning Ordinance is amended, any permit and conditions shall remain in full force and effect when:

1.

The permittee has a vested right pursuant to State law; and

2.

The permit was issued prior to the adoption of a zoning ordinance amendment or zoning district change; and

3.

The use has not ceased per Section 41.9 (Permit Expiration and Extension).

B.

Nonconforming uses and structures are governed by Article 33 (Nonconforming Lots, Uses, Structures and Parking), and may continue to the extent authorized in that article.

(Ord. No. 1130-368, § 5, 1-9-17)

The City shall not accept reapplication of a permit or amendment within one (1) year of a denial when the reapplication is for same property and a substantially similar subject matter.

(Ord. No. 1130-368, § 5, 1-9-17)

A.

Scope of Interpretation. The Director may make interpretations for uses not listed in any zoning district, applicability of any specific regulation, or interpretation of any other regulation or requirement in this Zoning Ordinance or implementing Precise or Specific Plans.

B.

Requests. Requests for interpretations of this title and verifications relating to prior approvals or permits shall be in writing.

C.

Decisions. Decisions regarding interpretations shall be in writing. The Director may make interpretations of the Zoning Ordinance based on the effect of the public health, safety, and welfare on the people and property of Redwood City, and the effect upon the orderly development of the area in question and the City at large.

(Ord. No. 1130-368, § 5, 1-9-17)