Article VII — Administrative Permits

An administrative permit, identified elsewhere in the zoning ordinance, may be granted in accordance with the following sections. An applicant may elect to apply for a use permit in accordance with Chapter 16.82 in lieu of applying for an administrative permit. (Ord. 931 § 10 (part), 2004)

Requests for an administrative permit shall be made in writing by the owner of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the City Council, and plans showing the details of the proposal.

(Ord. 931 § 10 (part), 2004)

Upon receipt of an application, a notice shall be mailed fifteen (15) days prior to action being taken on the application to all property owners and building occupants within three hundred feet (300') of the exterior boundary of the property involved, using for this purpose the last known name and address of such owners as shown upon the current assessment roll maintained by the city. The notice shall include a description of the proposal, methods for providing comments, the pending date of action, means of being notified of a decision as an interested party, and the appeal procedure.

(Ord. 931 § 10 (part), 2004)

In considering an application, the community development director or designee shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question and surrounding areas, and the impact of the application thereon.

The community development director or designee shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the community development director or designee finds that the aforementioned conditions, plus the following findings as applicable, will not result from the particular use applied for, he/she may grant the administrative permit and provide notice of the decision in writing to the planning commission and interested parties, as defined for the purposes of this section as people who ask to be informed of the decision via email, fax or United States Postal Service mail:

• (1) Alcohol Sales. That a public convenience or necessity would be served by the issuance of license to sell alcohol.

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City of Menlo Park, CA

ZONING

§ 16.82.440

§ 16.82.440

• (2) Outdoor Seating. That the outdoor seating would maintain unimpeded pedestrian access on the public right-of-way.

  • (A) Notwithstanding subsection (2) of this section, a zoning permit shall not be required for streetaries that have obtained and maintain a streetary encroachment permit pursuant to Section 13.30.020.

• (3) Outside Storage.

  • (A) That the outside storage of vehicles and/or equipment would not be visible from surrounding properties or the public right-of-way and the screening would be consistent with existing site features;

  • (B) That the outside storage does not displace required parking without making provisions for replacing the lost parking;

  • (C) That the outside storage complies with the provisions of the noise ordinance (Chapter 8.06).

• (4) Hazardous Materials.

  • (A) The review and approval or conditional approval from the Menlo Park building division and outside reviewing agencies, such as but not limited to the San Mateo County Environmental Health Division, the Menlo Park Fire Protection District, and the applicable sanitary district;

  • (B) The compatibility of the proposed use and storage of hazardous materials with the neighboring land uses, such as residential uses, schools, or other sensitive receptors;

  • (C) That the quantities and types are permissible by the current California Fire Code and the building is designed appropriately for said types and quantities, per the current California Building Code, as determined by the fire marshal and community development director or his/her designee;

• (D) For outside storage of hazardous materials, the following criteria shall be met by the project proposal:

  - (i) That the outside storage of hazardous materials would not be visible from surrounding properties or the public right-of-way and the screening would be consistent with existing site features and/or building materials; 
  
  - (ii) That the outside storage of hazardous materials does not displace required parking without making provisions for replacing the lost parking, or an accompanying application for administrative review of a parking reduction request; 
  
  - (iii) That the outside storage of hazardous materials complies with the provisions of the noise ordinance (Chapter 8.06); 
  
  - (iv) For emergency generators, the routine testing shall be conducted between the hours of eight (8) a.m. to six (6) p.m. Monday through Friday and shall comply with the noise limitations for daytime hours (Chapter 8.06); 
  
  - (v) No operations, including manufacturing, assembling, or research and
  

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City of Menlo Park, CA § 16.82.440

MENLO PARK CODE

§ 16.82.490

development, involving the use of hazardous materials shall take place outside a building. Only the storage of hazardous materials, with the exception of emergency generators, is permitted outside the building;

(E) Any comments received on the application. (Ord. 931 § 10 (part), 2004; Ord. 1028 § 5, 2016; Ord. 1101 § 5, 2023)

Any person may appeal a decision of the community development director or designee to the planning commission. The appeal shall be made in writing and filed with the community development director within fifteen (15) days following the final decision of the community development director or designee. The appeal shall be accompanied by a fee, as set by the City Council, and shall clearly state the reason for the appeal. Upon receipt of an appeal, the community development director shall set a time, which insofar as practicable shall be within forty-five (45) days after receipt of such appeal, for a public hearing on such appeal in accordance with the provisions of Chapter 16.84. Any person may appeal any order, requirement, decision or determination of the planning commission to the City Council in accordance with the provisions of Chapter 16.86. (Ord. 931 § 10 (part), 2004)

Any administrative permit granted in accordance with the terms of this section shall be null and void if not used within one (1) year from the date of the approval thereof or within any different period of time, if so designated by the planning commission or City Council. The community development director may extend the effective date of approval upon the written request of the applicant for up to one (1) year, if the community development director finds that there is good cause for the extension based upon unusual circumstances and/or conditions not of the making of the applicant or its agents or employees.

(Ord. 931 § 10 (part), 2004)

Any administrative permit granted in accordance with the terms of Section 16.82.440 may be revoked by the City Council in the manner hereinafter set forth, if any of the conditions or terms of such permits are violated or if the continuance of the use would be detrimental to health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city, or conditions of the permit are violated. (Ord. 931 § 10 (part), 2004)

Before the City Council considers revocation of any permit, the planning commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. The planning commission shall transmit a report of its findings and its recommendations on the revocation to the City Council. (Ord. 931 § 10 (part), 2004)

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City of Menlo Park, CA

ZONING

§ 16.82.490

§ 16.82.490

In the case of an application for an administrative permit which has been denied, no application for the same property which is substantially the same shall be considered for a period of one (1) year from the date of denial.

(Ord. 931 § 10 (part), 2004)

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City of Menlo Park, CA