USE PERMITS1
Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, repealed art. 42, §§ 42.1—42.9; and enacted a new art. 42, to read as set out herein. Former art. 42, pertained to similar subject matter, and was derived from Ord. No. 1130-355, § 1, adopted January 23, 2012 and Ord. No. 1130-367, § 5, adopted June 13, 2016.
A Use Permit provides a mechanism to consider uses that could be consistent with the purposes of the underlying zoning district but require consideration to ensure that the location and operation does not interfere with the use and enjoyment of surrounding properties. For temporary uses and structures established for a finite duration, see Article 31.19, Temporary Use Permits.
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)
Use Permits are required for conditionally permitted uses as described in the zoning district chapters or for other uses described elsewhere in the Zoning Ordinance.
(Ord. No. 1130-368, § 5, 1-9-17)
Use Permits shall be decided by the Zoning Administrator at a public hearing, except as otherwise required in Section 41.4 (Review Authorities for All Permits).
(Ord. No. 1130-368, § 5, 1-9-17)
Use Permits may be approved if all of the following findings can be made.
A.
That the proposed use will be consistent with the various elements and objectives of the general plan and any applicable Specific and Precise Plans, and zoning regulations for the subject location.
B.
That the proposed use is compatible with surrounding uses.
C.
That the use and its associated structures and facilities will not be detrimental to the public health, safety, or welfare of the people and property of Redwood City.
D.
That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.
E.
That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use.
F.
Other findings required to be made in specific zoning districts as set forth in the Zoning Ordinance.
(Ord. No. 1130-368, § 5, 1-9-17)
Procedures for application review, decisions, appeals, permit duration and expiration and other requirements are located in Article 41 (Common Procedures).
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)
A.
Filing of Application. The City, an affected person, or applicant may request modification or revocation of a Use Permit. An applicant or affected person shall pay any applicable fee. The Director shall review the application and, if necessary, conduct an investigation. If the Director determines that there is not adequate grounds for revocation or modification, the application shall be denied without further process or hearing.
B.
No Construction. Construction shall not begin on any structure associated with the Use Permit during the modification or revocation process. Construction that has already begun with the required permits may continue.
C.
Public Hearing. If the Director determines that adequate grounds exist to consider modification or revocation of the Use Permit, a public hearing shall be scheduled with the Zoning Administrator following the process for review, notice and public hearing in Article 41 (Common Procedures).
D.
Grounds for Revocation. A Use Permit may be revoked for any of the following grounds:
1.
The use of the property or its maintenance violates a zoning requirement, condition of approval, or other city, state or federal regulation; or
2.
The use is operated or maintained in a manner that adversely affects the public health, safety and welfare of the people and property of Redwood City; or
3.
The use is operated or maintained in a manner that results in nuisance activities, including without limitation disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, prostitution, public urination, theft, violence, vandalism, lewd conduct, loud noises or curfew violations; or
4.
The use has ceased to operate for a continuous period of six (6) months.
E.
Grounds for Modification. The Zoning Administrator may modify the Use Permit based on the findings in Section 42.4 (Findings).
F.
Decision. The Zoning Administrator shall make a decision on the Use Permit modification or revocation in the manner specified in Section 41.6 (Decisions and Permit Effectiveness). If the Zoning Administrator revokes the Use Permit, revocation shall not require the removal or elimination of any structure constructed in accordance with the Use Permit. Further use of the structure shall be in accordance with zoning regulations. In lieu of revocation, additional conditions may be established on an existing Use Permit.
(Ord. No. 1130-368, § 5, 1-9-17)
USE PERMITS1
Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, repealed art. 42, §§ 42.1—42.9; and enacted a new art. 42, to read as set out herein. Former art. 42, pertained to similar subject matter, and was derived from Ord. No. 1130-355, § 1, adopted January 23, 2012 and Ord. No. 1130-367, § 5, adopted June 13, 2016.
A Use Permit provides a mechanism to consider uses that could be consistent with the purposes of the underlying zoning district but require consideration to ensure that the location and operation does not interfere with the use and enjoyment of surrounding properties. For temporary uses and structures established for a finite duration, see Article 31.19, Temporary Use Permits.
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)
Use Permits are required for conditionally permitted uses as described in the zoning district chapters or for other uses described elsewhere in the Zoning Ordinance.
(Ord. No. 1130-368, § 5, 1-9-17)
Use Permits shall be decided by the Zoning Administrator at a public hearing, except as otherwise required in Section 41.4 (Review Authorities for All Permits).
(Ord. No. 1130-368, § 5, 1-9-17)
Use Permits may be approved if all of the following findings can be made.
A.
That the proposed use will be consistent with the various elements and objectives of the general plan and any applicable Specific and Precise Plans, and zoning regulations for the subject location.
B.
That the proposed use is compatible with surrounding uses.
C.
That the use and its associated structures and facilities will not be detrimental to the public health, safety, or welfare of the people and property of Redwood City.
D.
That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.
E.
That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use.
F.
Other findings required to be made in specific zoning districts as set forth in the Zoning Ordinance.
(Ord. No. 1130-368, § 5, 1-9-17)
Procedures for application review, decisions, appeals, permit duration and expiration and other requirements are located in Article 41 (Common Procedures).
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)
A.
Filing of Application. The City, an affected person, or applicant may request modification or revocation of a Use Permit. An applicant or affected person shall pay any applicable fee. The Director shall review the application and, if necessary, conduct an investigation. If the Director determines that there is not adequate grounds for revocation or modification, the application shall be denied without further process or hearing.
B.
No Construction. Construction shall not begin on any structure associated with the Use Permit during the modification or revocation process. Construction that has already begun with the required permits may continue.
C.
Public Hearing. If the Director determines that adequate grounds exist to consider modification or revocation of the Use Permit, a public hearing shall be scheduled with the Zoning Administrator following the process for review, notice and public hearing in Article 41 (Common Procedures).
D.
Grounds for Revocation. A Use Permit may be revoked for any of the following grounds:
1.
The use of the property or its maintenance violates a zoning requirement, condition of approval, or other city, state or federal regulation; or
2.
The use is operated or maintained in a manner that adversely affects the public health, safety and welfare of the people and property of Redwood City; or
3.
The use is operated or maintained in a manner that results in nuisance activities, including without limitation disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, prostitution, public urination, theft, violence, vandalism, lewd conduct, loud noises or curfew violations; or
4.
The use has ceased to operate for a continuous period of six (6) months.
E.
Grounds for Modification. The Zoning Administrator may modify the Use Permit based on the findings in Section 42.4 (Findings).
F.
Decision. The Zoning Administrator shall make a decision on the Use Permit modification or revocation in the manner specified in Section 41.6 (Decisions and Permit Effectiveness). If the Zoning Administrator revokes the Use Permit, revocation shall not require the removal or elimination of any structure constructed in accordance with the Use Permit. Further use of the structure shall be in accordance with zoning regulations. In lieu of revocation, additional conditions may be established on an existing Use Permit.
(Ord. No. 1130-368, § 5, 1-9-17)