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Redwood City City Zoning Code

ARTICLE 49

AMENDMENTS1


Footnotes:
--- (1) ---

Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, renumbered the provisions of art. 41, §§ 41.1—41.12, as art. 49, §§ 49.1—49.1, to read as set out herein. Former art. 49, pertained to "Required Public Notice," and was derived from Ord. No. 1130-363, § 8, adopted June 22, 2015.


49.1 - Purpose and Procedures.

A.

The purpose of every amendment to this ordinance shall be to increase the quality of the provisions of this ordinance in guiding and regulating the future development, growth, and evolution of Redwood City.

B.

Every amendment to this ordinance, including changes of district boundaries, shall be initiated and adopted in accordance with the provisions of this article.

(Ord. 1130, eff. 7-10-64: Ord. 1130.138, eff. 4-12-72: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.2 - Initiation of Amendments.

A.

Amendments may be initiated by resolution of intention of the Council, resolution of intention of the Commission, City staff, or application of one (1) or more owners of record of property affected by the proposed amendment.

B.

Every such application, staff initiation or resolution shall set forth the proposed boundary change of any zoning district and the designation of the district to which any parcel is proposed to be zoned or, in the event the application or resolution is for the amendment of any regulation contained in this ordinance, the text of the proposed amendment.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.3 - Hearing on Resolution.

A.

Upon adoption of a resolution of intention by the Council, the City Clerk shall transmit a copy of the resolution to the Planning Department, and the Commission shall hold a public hearing thereon within fifty (50) days.

B.

Upon adoption of a resolution of intention by the Commission, a public hearing shall be held thereon within forty-five (45) days.

(Ord. 1130, eff. 7-10-64: Ord. 1130.153, eff. 7-9-75: Ord. 1130.198, eff. 12-5-79: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.4 - Owner's Application.

A.

An application for an amendment to the Redwood City Zoning Ordinance shall require a comprehensive review of the Zoning Ordinance to determine the effect of such amendment on the future development, growth, and evolution of Redwood City.

B.

An application by a property owner shall be filed with the Planning Department on forms provided by the Department. An application for a proposed change in the zoning district designation for any parcel or for a proposed amendment of any regulation contained in the Redwood City Zoning Ordinance shall be accompanied by a reasonable filing fee in an amount as may be established by resolution of the Council. One-half (½) of said fee shall be refunded to the applicant in the event that no public hearing is held in connection therewith. Such refund shall not be made unless all proceedings and appeal periods have terminated without the holding of a public hearing. The application shall also be accompanied by such legal descriptions, maps or plats, drawings, and other reasonable, pertinent information as may be required by the Planning Department.

C.

A property owner's application may be withdrawn at any stage of the proceedings if all persons signing such application request such withdrawal in writing.

(Ord. 1130, eff. 7-10-64: Ord. 1130.138, eff. 4-12-72: Ord. 1130.153, eff. 7-9-75: Ord. 1130.193, eff. 10-17-79: Ord. 1130.198, eff. 12-5-79: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-358, § 4, 1-23-12; Ord. No. 1130-368, § 5, 1-9-17)

49.5 - Staff Initiation.

A.

City staff shall refer an amendment to this ordinance to the Commission with a report or recommendation.

B.

The Commission shall hold a public hearing on the staff initiated amendment within fifty (50) days of the date of filing.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.6 - Commission Action.

A.

At the conclusion of the public hearing, the Commission shall adopt a resolution making recommendations to the City Council regarding the proposed amendment and containing findings supporting such recommendations. The Planning Commission may recommend the amendment be adopted by the City Council as it was proposed or with such modifications as deemed appropriate by the Planning Commission or may recommend the proposed amendment not be adopted.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-358, § 5, 1-23-12); Ord. No. 1130-368, § 5, 1-9-17)

49.7 - Reserved.

Editor's note— Ord. No. 1130-358, § 6, adopted Jan. 23, 2012, deleted § 49.7 which pertained to filing recommendations with the clerk and derived from Ord. 1130, eff. July 10, 1964; Ord. 1130-153, eff. July 9, 1975; and Ord. 1130-326, § 1(part), eff. Oct. 27, 2003.

49.8 - Reserved.

Editor's note— Ord. No. 1130-358, § 6, adopted Jan. 23, 2012, deleted § 49.8 which pertained to council hearing and derived from Ord. 1130, eff. July 10, 1964; Ord. 1130-19, eff. May 5, 1965; Ord. 1130-153, eff. July 9, 1975; and Ord. 1130-326, § 1(part), eff. Oct. 27, 2003.

49.9 - Council Action.

A.

The Council shall take action on each proposed amendment as follows:

1.

Terminate proceedings or deny the property owner's application if it finds that the proposed amendment is not in the public interest.

2.

Adopt the proposed amendment, subject to such modifications as the Council finds proper, by ordinance if it finds that it is in the public interest.

3.

Refer the proposed amendment or a proposed modification back to the Commission for further review.

B.

In the event the Council refers back an amendment or modification to the Commission, the Commission shall, by motion, make its recommendations on the proposed amendment and modification to the Council. No public hearing need be held on the proposed modification by the Commission. Failure to make a recommendation within forty-five (45) days shall be deemed to be approval of the modification. Upon receipt of the Commission's recommendation, the Council shall hold a final public hearing as provided by Section 49.8, at the conclusion of which the Council may adopt the proposed amendment in such form as it finds best serves the public interest. In lieu of holding a final hearing, the Council may continue the hearing set under Section 49.8 pending receipt of the Commission's recommendation.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.10 - Adoption of Amendment.

The adoption of any amendment to this ordinance by the Council shall be done in the same manner as prescribed for other ordinances.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.11 - Modifications Permitted.

A.

No modification shall be made to a proposed amendment to any regulation in this ordinance unless the modification relates to the same subject matter as the text set forth in the original resolution or application.

B.

No modification shall be made to a proposed amendment involving the change of a zoning district boundary or a change of zoning district for any parcel which would either include any parcel not included in the original resolution or application, or would be a substantial change from the original proposal upon which public notice was given. The following modifications shall not be deemed to be substantial in nature:

1.

The addition, deletion, or change of lot size requirements established pursuant to the provisions of Sections 4.6, 5.6, or 18.6.

2.

The addition, deletion, or change of a combining district specified in Article 24.

3.

A change of all or any portion of an area proposed for a change of zoning from one R District to another R District to any other R District than that which was originally proposed.

4.

A reduction in the area included in the original resolution or application.

(Ord. 1130, eff. 7-10-64: Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)

49.12 - Reapplication.

No property owner's application for an amendment to change the boundaries of any district shall be considered within one (1) year after final action taken in denying a previous such application relating to the same subject matter.

Applications shall be deemed to relate to the same subject matter if both of the following factors exist:

A.

The same parcel of land affected by the former application is the subject of the later application;

B.

The nature of the change applied for is substantially similar to the change applied for in former application.

Determination of what constitutes the same subject matter and of what date is the date of final action shall be made by the Planning Director and shall be reviewed by the Planning Commission if written request is made by the applicant within five (5) days of the Planning Director's determination. On review, all decisions of the Planning Commission shall be final.

(Ord. 1130.326 § 1 (part), eff. 10-27-03)

(Ord. No. 1130-368, § 5, 1-9-17)