Redwood City Municipal Code Art. 41 Common Procedures

Footnotes:

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Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, renumbered art. 41, §§ 41.1—41.12 as art. 49, §§ 49.1—49.12; and enacted a new art. 41, to read as set out herein. Former art. 41, pertained to "Amendments," and was derived from Ord. No. 1130, effective July 10, 1964; Ord. No. 1130.138, effective April 12, 1972; Ord. No. 1130.153, effective July 9, 1975; Ord. No. 1130.193, effective October 17, 1979; Ord. No. 1130.198, effective December 5, 1979; Ord. No. 1130.326 § 1 (part), effective 10-27, 2003 and Ord. No. 1130-358, §§ 4, 5, adopted January 23, 2012.

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procedures that are common to the processing of all permits and approvals provided for in the Zoning Ordinance, unless superseded by specific requirements of this Zoning Ordinance or State or Federal law.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days of the Director's written notification of an incomplete application, the application shall expire and be deemed withdrawn.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.

D. Right to Appeal Development Project Application Completeness Determination. An applicant may appeal a completeness determination made by the Community Development Director. Appeals must be made in writing to the Planning Commission within ten (10) calendar days. The Planning Commission shall provide a final written determination on the appeal within sixty (60) calendar days after receipt of the applicant's written appeal. Applicants may request a delay of or waive the sixty-day final written determination period through a mutual extension with the City. Appeals will be processed in accordance with Section 41.7 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).

(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

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 Forty-Five (45) Feet. Planning Commission shall review all applications involving new building construction or building additions exceeding three (3) stories or forty-five (45) 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 and a forty-five percent (45%) floor area ratio, 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. Reviews applications that are subject to ministerial review and as otherwise required in the Zoning Ordinance and Municipal Code.

E. Ministerial Review. The purpose of this subsection is to implement provisions of State law that require certain application types be reviewed through a ministerial review process, as defined in Article 2 and to streamline affordable housing approvals. The Zoning Administrator is the review authority for these applications, and no Zoning Administrator public hearing is required.

1. Streamlined Affordable Multi-Family Housing. This application is for affordable multi-family housing projects (two (2) or more units) under the ministerial approval process outlined in Government Code Section 65913.4.

2. Low Barrier Navigation Centers. This application is for the by-right operation of a low-barrier navigation center in accordance with Section 31.6 and the ministerial approval process outlined in Government Code Section 65660-65668.

3. Supportive Housing. The application is for the by-right development of supportive housing consistent with Article 11 of the Government Code.

4. Affordable Housing on Faith and Higher Education Lands. This application is for by-right residential development in accordance with the ministerial approval process outlined in Government Code Section 65913.16 (Affordable Housing on Faith and Higher Education Lands Act of 2023).

5. Infill Housing in Commercial Zones. This application is for residential development on commercially-zoned lands consistent with Government Code Chapter 4.1 (Affordable Housing and High Road Jobs Act of 2022).

6. Small Lot Subdivisions and Housing. This application is for by-right residential development in association with Government Code Section 65852.28 (Starter Home Revitalization Act of 2021).

7. Other Ministerial Applications. Any application for other projects for which state law requires the City to utilize a ministerial review process shall be reviewed pursuant to this Section.

8. City of Redwood City ministerial review option for one hundred percent (100%) affordable housing projects, pursuant to Section 41.15.

F. 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; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

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, Community Development Director, Zoning Administrator, 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, or Community Development Director 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.

H. Ministerial Actions. A decision qualifying for Ministerial Review shall be considered final and is not subject to appeal.

(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

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, or Community Development Director. The City Council may call up decisions by the Planning Commission, Zoning Administrator, Planning Manager, or Community Development Director.

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; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

A. Expiration and Extension. A permit expires three (3) years from the effective date. The Zoning Administrator may grant up to two (2) separate one-year extensions upon written request by the applicant prior to expiration of the initial term or the first extension. An applicant must have building permit plans for associated work submitted for review and initial fees paid prior to the second one-year extension request. In no event shall a permit be extended more than five (5) years from the effective date.

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; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

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 made in writing.

C. Decisions. Decisions regarding interpretations shall be issued 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; Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

A. CEQA Incorporation by Reference. The Guidelines for implementation of CEQA as described in Section 15000 et seq. of the California Code of Regulations shall be followed by the City and are incorporated by reference into these procedures. Incorporation by reference shall include any revisions or amendments to CEQA or the State CEQA Guidelines. If there is a conflict between the procedural provisions of State Guidelines and this Chapter, the Guidelines shall prevail.

B. Fees. Fees for environmental review shall be incorporated into the costs of other community development services and shall be paid by the applicant according to the City's current fee schedule and/or cost recovery policy.

C. Preliminary Review. The Community Development Director ("Director") or designee, may conduct a preliminary assessment of potential environmental issues. The Director or designee may require the applicant to submit additional information needed to determine the type of environmental review required for the project. An application subject to environmental review pursuant to CEQA shall not be considered ready for environmental determination purposes until the applicant has submitted all studies and other documentation the Director or designee has deemed necessary to determine the type of environmental review required, if any.

D. Review for Exemption. If the Director or designee determines that the application is subject to review under CEQA, within thirty (30) days after determining that the application is complete and the applicant has submitted all studies and other documentation the Director or designee has deemed necessary, the Director or designee shall determine if the project is exempt from environmental review pursuant to CEQA and CEQA Guidelines.

1. If the Director or designee has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice.

2. Following approval of a project that is exempt from CEQA review, the City may file a notice of exemption with the San Mateo County Clerk. The applicant for a private project shall be responsible for any fees required to file such notice.

E. Environmental Review. If the proposed project is not exempt from environmental review under CEQA, the Director or designee shall determine whether to require preparation of an Environmental Impact Report (EIR), negative declaration, or mitigated negative declaration. In order to make this determination, the Director or designee shall prepare, with their own staff or by contract with a consultant chosen by the City, an initial study at the applicant's expense. If the Director and project applicant agree that an EIR is necessary, an initial study is not required.

F. Preparation of an Initial Study. The Initial Study shall consider all phases of the project, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project's potential impacts.

G. Determination of Environmental Significance. Based on the Initial Study, the Director or designee will make one (1) of the following findings:

1. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared; or

2. The project plans have been modified or have incorporated mitigation measures to reduce potential environmental impacts to a level of insignificance, and a Mitigated Negative Declaration will be prepared; or

3. The proposed project will have, or may have, significant impact(s) and an EIR will be required.

H. Preparation of Negative or Mitigated Negative Declaration. If the Director or designee has determined that the proposed project will not have a significant effect on the environment, the Director or designee, at the applicant's expense, shall prepare a negative declaration for public review. If the applicant has agreed to implement mitigation measures in order to reduce environmental impacts, the Director shall prepare a mitigated negative declaration for public review.

I. Preparation of a Draft EIR. If it is determined that an EIR is required, the Director or designee shall prepare, distribute, and post a notice of intent to prepare an EIR. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that may be explored. The City will prepare or cause to have the draft EIR prepared with a consultant chosen by the City. The applicant shall pay the cost of preparing the EIR and reasonable costs for administering the work of outside consultants.

J. Public Review of Draft EIR. Following completion of a draft EIR, the Director or designee shall prepare and post a notice of completion initiating a minimum thirty-day public review period or forty-five-day review period if the project is subject to review by a State agency. The Director or designee shall mail a notice of the availability of a draft EIR to those requesting such notice in writing, to local and regional agencies, and interested Federal agencies. The City shall make copies of the draft EIR available for public review online, at the City Clerk's Office during regular office hours, and at the Downtown Redwood City Library.

K. Final EIR. After the public review period has expired, the City or its consultant will prepare a final EIR for certification by the decision-making bodies responsible for action on the project. The final EIR will consist of the draft EIR, all of the comments received, a list of persons, organizations, and public agencies commenting on the draft EIR, and a response from the City on significant environmental issues raised in the draft EIR and comments.

L. Responsibility for Action on Environmental Document. The decision-maker responsible for action on an application for a development permit shall approve the negative declaration or mitigated negative declaration or certify the final EIR prior to the time the project is considered for approval. The decision-maker may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the negative declaration or mitigated negative declaration or certification of the final EIR would not comply with the requirements of CEQA and applicable State and local environmental review requirements.

M. Mitigation Monitoring and Reporting Program. The City shall approve a mitigation monitoring and reporting program (MMRP) for all projects that it approves with a mitigated negative declaration or a final EIR. The purpose of the MMRP is to ensure that the project applicant complies with all required mitigation measures during implementation of the project.

1. Submittal and Approval. The MMRP shall be prepared and considered part of the Mitigated Negative Declaration or EIR.

2. Enforcement. Failure to comply with the conditions and requirements of an approved MMRP shall be considered a violation of the conditions of approval of a project.

(Ord. No. 1130-892, § 5(Exh. A), 7-27-26)

A. A housing project, including a mixed-use project, shall be subject to ministerial review if it complies with the following:

1. One hundred percent (100%) of the housing units, other than the manager's units, are restricted to extremely low-, very low-, low-, or moderate-income households as defined in Section 29.2.

2. The project enters into an affordable housing agreement with the City in accordance with Article 29 (Requirements for Affordable Housing).

3. The project contains two (2) or more residential units.

4. At least two-thirds (⅔) of the project's square footage is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the State Density Bonus Law in Government Section 65915 shall be included in the square footage calculation. The square footage of the project shall not include underground space, such as basements or underground parking garages.

5. The project complies with State requirements for unit replacement and relocation pursuant to the Housing Crisis Act (California Government Code Section 66300), Chapter 42 of the Municipal Code (Tenant Protection), and any other applicable State and Federal requirements for the demolition and displacement of residents of any existing residential units on site.

6. The project satisfies the requirements specified in Government Code Section 65913.4(a)(6)(B) through (K).

7. The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date an application was submitted for the project.

8. The project agrees to measures that address the protection of tribal cultural resources that have been incorporated into binding conditions of approval.

9. The project is consistent with the General Plan and Zoning Code, and any applicable density bonus, incentives or concessions, waivers or reductions of development standards pursuant to Section 65915 of the Government Code provided the project will not exceed the height limit established by the Zoning Code by more than three (3) stories or thirty-three (33) feet.

10. To the extent permitted by applicable law, including fair housing laws, the project shall grant a local preference for the affordable units pursuant to Section 29.6.F. (Local Preference).

(Ord. No. 1130-892, § 5(Exh. A), 7-27-26)