Chapter 16.82 PERMITS

Use permits may be issued as provided in this article for any of the uses or purposes for which such permits are required or permitted by the terms of this title upon conditions designated by the planning commission.

The purpose of the use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or if such uses are designed or laid out on the site in a particular manner.

The planning commission may approve, deny, or conditionally approve an application for a use permit.

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. A public hearing shall be held thereon. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Chapter 16.84. (Ord. 789 § 1, 1989; Ord. 548 § 2 (part), 1973: Prior code § 30.701(A)).

16.82.020 Form of application—Accompanying fee and plans.

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission of the city. The application shall be accompanied by a fee, set by the City Council, and plans showing the details of the proposed use to be made of the land or building. (Ord. 548 § 2 (part), 1973: Prior code § 30.701(B)).

16.82.030 Granting.

In considering an application, the planning commission 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 planning commission 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 planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.

When granting a use permit for sales of alcoholic beverages (including wine and beer and off and on sale), the planning commission may stipulate that the use permit shall be nontransferable.

A use permit shall be effective the fifteenth (15th) day after planning commission approval unless the planning commission action is appealed to the City Council, in which case the permit shall not be effective until the City Council has acted upon the appeal. (Ord. 931 § 9 (part), 2004: Ord. 643(a), 1979; Ord. 548 § 2 (part), 1973: Prior code § 30.701(C)).

16.82.035 Concurrent retailing of motor vehicle fuel with beer or wine.

(a) Hearings. Hearings before the planning commission or City Council concerning an application for a use permit to allow the concurrent retailing of motor vehicle fuel with beer or wine for off-premises consumption shall be conducted according to this section. All parties shall have a reasonable opportunity to present testimony. Testimony shall be presented in the following order: (1) testimony by or on behalf of applicant; (2) testimony of the public for or against the application; (3) rebuttal testimony by or on behalf of applicant. Decisions by the planning commission and City Council shall be justified by written findings based on substantial evidence in view of the whole record. Hearings on appeals to the City Council shall be reported by a court reporter. If the applicant is the appellant, it shall pay the cost of the court reporter and the cost of the court reporter shall be estimated by the city clerk and paid in advance by applicant or the appeal will be dismissed. All hearings shall be public hearings. Notice thereof shall be given in accordance with Chapter 16.84 to the applicant, property owners within three hundred feet (300’), and any person who has filed a request for special notice.

(b) Duration of Permit Right. The right to engage in the concurrent retailing of motor vehicle fuel with beer or wine under the terms of any use permit, whether granted before or after the enactment of the ordinance codified in this section, shall continue only so long as the licensed premises are operated continuously without substantial change in the mode or character of operation. Changes in the mode or character of operation shall include, but not be limited to, a change in the physical structure of the premises, a change in the ownership of the license, or a pattern of behavior in violation of state or local law. A dispute between the operator or property owner and the city as to whether the premises have been operated continuously without substantial change in the mode or character of operation shall be heard and resolved in accordance with the procedure specified in subsection (a) of this section and Section 16.82.190. (Ord. 768 § 1, 1988).

16.82.040 Appeal to City Council.

Appeals to the City Council regarding use permits shall be governed by Chapter 16.86. The appeal shall be accompanied by a fee as set by the City Council, and no part of such fee shall be refundable except as directed by motion adopted by the City Council. If on appeal, any material information or evidence is submitted to the City Council which was not presented or made available to the planning commission, the application shall be returned to the planning commission for its reconsideration. Where an application is denied by the planning commission, or upon appeal by the City Council, it shall not be eligible for resubmittal unless, in the opinion of the planning commission, new evidence is submitted or conditions have changed to such an extent that further consideration is warranted. (Ord. 738 § 1(a), 1986: Ord. 548 § 2 (part), 1973: Ord. 529 § 1, 1972; Prior code § 30.701(D)).

II. CONDITIONAL DEVELOPMENT PERMITS

16.82.050 Issuance—Purposes.

A conditional development permit may be issued to allow adjustment of the requirements of the district in order to secure special benefits possible through comprehensive planning of such large development. Further, such adjustment is intended to allow relief from the monotony of standard development; to permit the application of new and desirable development techniques; and to encourage more usable open space than would otherwise be provided with standard development. (Ord. 939 § 2, 2005: Prior code § 30.703(A)).

16.82.055 Applicability.

A conditional development permit shall apply to the following:

(1) Development on a parcel in excess of one (1) acre in area; or

(2) Development on a parcel with a lot area that is less than one (1) acre in area but greater than or equal to twenty thousand (20,000) square feet in area; provided, that the development complies with the below market rate (BMR) housing program set forth in Chapter 16.96 and that the number of BMR units developed on the site exceeds the required number of BMR units by a fractional equivalent of more than one-half (0.5) of a unit.

Conditional development permits shall not apply to any parcel in the SP-ECR/D district. (Ord. 979 § 12 (part), 2012: Ord. 939 § 3, 2005).

16.82.060 Application—Accompanying drawings and plans.

Every application for a conditional development permit shall be accompanied by architectural drawings and plot plans, all to a workable scale, showing the elevations and location of proposed buildings; proposed location and type of landscaping; use and treatment of grounds around such buildings; off-street parking; physical features such as trees, hydrants, utility poles, flood lights, driveways, fences, signs, proposed drainage facilities and any other pertinent information considered appropriate by the planning commission to bring the development within the purpose of this section. (Prior code § 30.703(B)).

16.82.070 Form of application.

Applications for conditional development permits shall be made in writing by a property owner, lessee, purchasers in escrow or optionee, with the consent of the owner, on a form prescribed by the planning commission and accompanied by a fee, set by the City Council. (Prior code § 30.703(C)).

16.82.080 Hearing on application.

Upon receipt of an application for a conditional development permit, the secretary of the planning commission shall set a date for a public hearing on such application; such hearing shall be held within forty-five (45) days after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 16.84. (Prior code § 30.703(D)).

16.82.090 Planning commission action on application.

Application for conditional development permits shall be considered by the planning commission in relation to the effect upon the immediate neighborhood and the city. The planning commission may require offers of dedication or whatever special conditions or improvements are necessary to keep the proposed development within the spirit and purpose of this chapter. The application may be approved and recommended to the City Council if the commission finds that the development will serve the health, safety, and general welfare of the city. (Prior code § 30.703(E)).

16.82.100 Council action.

Upon receipt of the planning commission’s recommendation on a conditional development permit, the city clerk shall set a date for a public hearing thereon. Such hearing shall be held within thirty days after the receipt of the recommendation. At the conclusion of such hearing, the City Council may approve the conditional development permit, as recommended by the planning commission or as modified by the City Council. Council approval shall be in the form of an ordinance which shall combine the X district with the appropriate zoning district. (Prior code § 30.703(F)).

IV. REVOCATION OR DENIAL OF USE OF CONDITIONAL DEVELOPMENT PERMIT

16.82.170 Permits declared null and void when.

Any use permit or conditional development permit granted in accordance with the terms of Articles I and II 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 § 9 (part), 2004: Amended at city’s request, undated letter received May 1983; Prior code § 30.704 (part)).

16.82.180 Conditions of revocation.

Any use permit or conditional development permit granted in accordance with the terms of Articles I—II 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 following findings are made:

(1) In connection with use permits: 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;

(3) In connection with conditional development permits: One or more of the conditions of the permit are violated.

(Amended at city’s request, undated letter received May 1983; Prior code § 30.704(A)).

16.82.190 Hearing.

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the City Council.

(Amended at city’s request, undated letter received May 1983; Prior code § 30.704(B)).

16.82.200 Reapplication.

In the case of an application for a use permit or conditional development permit which has been denied, no application for the same property which is substantially the same shall be considered for a period of one year from the date of denial.

(Amended at city’s request, undated letter received May 1983; Prior code § 30.705).

V. OCCUPANCY PERMITS

16.82.210 Where required.

In other than residential areas, no land or structure shall be occupied or used until an occupancy permit shall have been issued by the building department. (Prior code § 30.901).

16.82.220 Buildings.

Occupancy permits for a new building, or the enlargement or alteration of an existing building, shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the erection or alteration of such building has been completed in conformity with the provisions of this article. (Prior code § 30.902).

16.82.230 Vacant land.

Occupancy permits for the use of vacant land, or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that of tilling soil and the growing therein of farm, garden or orchard products. An occupancy permit shall be issued within ten days after the application has been made; provided such use is in conformity with the provisions of this article. (Prior code § 30.903).

16.82.240 Permit—Fee and content.

Occupancy permits shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all occupancy permits shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for an original permit applied for coincidentally with the application for a building permit; for all other permits or for copies of any original permits there shall be a fee as established by resolution of the City Council. (Prior code § 30.904).

VI. VARIANCES

16.82.310 Issuance—Purpose—Hearing.

The planning commission, in appropriate cases and subject to appropriate conditions and safeguards as provided by this title, may hear and decide applications for variances from the terms of this title when the following circumstances are found to apply:

(1) That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

(2) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated and which are necessary to protect the public health, safety and welfare.

The planning commission may approve, deny, or conditionally approve an application for a variance. The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the variance as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. A public hearing shall be held thereon. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Chapter 16.84. (Ord. 879 § 3 (part), 1996).

16.82.320 Variance applications.

Variance applications shall be filed on prescribed forms, indicating thereon, or supplemental thereto, such data and information as the prescribed form shall require. Each such application shall be verified by the owner(s) of the property involved. The application for the variance shall be accompanied by a filing fee in an amount established by resolution of the City Council, and no part of such fee shall be refundable. (Ord. 879 § 3 (part), 1996).

16.82.330 Duties of secretary of planning commission as to hearings.

Upon the filing of a verified application, the secretary of the planning commission shall:

(1) Cause an investigation of applicable factors and secure a written staff report containing the facts thus far ascertained;

(2) Set the matter for public hearing at the first available meeting of the commission;

(3) Not less than ten (10) days preceding the date of the public hearing, send a notice through the United States mail to the latest recorded property owners of all property located within three hundred feet (300’) of subject property, as shown upon the current assessment role of the city and the county; said to identify the property for which a variance is applied, the nature of the proposed variance, the time and place of the public hearing; and have published the same notice in a newspaper of general circulation in the city. The failure of any property owner to receive said notice of hearing will not invalidate the proceedings.

Following the hearing on an application for a variance the commission may, if it deems necessary make, or cause to have made, further inquiries into fact and shall thereafter record its findings in resolution form. (Ord. 879 § 3 (part), 1996).

16.82.340 Purpose of the variance and required findings.

(a) Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or by reason of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this title would cause undue hardship unnecessary to carry out the spirit and purpose of this title. In no case shall a variance be granted to permit a use other than a use permitted in the district involved or to permit relief in excess of fifty percent (50%) of any requirement of this title. In the SP-ECR/D district, in no case shall a variance be granted to exceed the intensity (floor area ratio) or density (dwelling units per acre) standards.

(b) Findings. The planning commission shall grant a variance only when all of the following conditions are found:

(1) That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

(2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his/her neighbors;

(3) That the granting of the variance will not be materially detrimental to the public health, safety, or welfare, or will not impair an adequate supply of light and air to adjacent property;

(4) That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

(5) That the condition upon which the requested variance is based is an unusual factor that was not anticipated or discussed in detail during any applicable specific plan process. (Ord. 979 § 12 (part), 2012: Ord. 879 § 3 (part), 1996).

16.82.350 Willow Road land use plan, variances.

Notwithstanding the requirements of the preceding section, variances in residential densities may be granted whenever necessary to carry out the provisions of the Willow Road land use plan adopted by the City Council on November 24, 1987. (Ord. 879 § 3 (part), 1996).

16.82.360 Decisions of the commission and appeals therefrom.

(a) Decision and Required Conditions.

(1) Within thirty (30) days after the hearing of the application the planning commission shall render its decision and shall by written resolution render its order based on a finding of facts showing whether or not the findings required under Section 16.82.340(b) applying to the land and/or building for which the variance is sought have been met, and whether or not such variance will be in harmony with the general purpose of this title.

(2) The commission may designate such conditions in connection with the variance, as it deems necessary to secure the purposes of this title, and may require guarantees and evidence that such conditions are being or will be complied with.

(b) Appeal. Appeals from an action of the planning commission may be made pursuant to Chapter 16.86. The City Council shall consider the appeal with reference to Section 16.82.340 and shall render its decision based on the findings of fact as therein enumerated.

(c) Issuance of Permit. Following the planning commission approval of a variance application or appeal to the commission, the secretary of the commission shall forward a copy of the resolution to the applicant, the building inspection division, and the city clerk. Said order shall become effective within fifteen (15) days from the date of the resolution. Thereafter, all administrative and enforcing offices of the city shall conform to such order.

(d) Time Limit. The planning commission may establish a time limit within which the subject property and use shall be developed. Said time limit may be extended by the commission, or by the community development director for up to one (1) year, for good cause when the applicant presents proof of unusual conditions not of his own making. If no time limit is specified by the commission it shall not be for more than one (1) year.

(e) New Applications. Following the denial of a variance or appeal to the commission, no application for a variance from the same or substantially the same exception to the ordinance on the same or substantially the same site, or the same appeal to the commission, shall be filed within one (1) year from the date of denial of a variance or appeal. (Ord. 931 § 9 (part), 2004: Ord. 879 § 3 (part), 1996).

16.82.370 Violation of orders.

The violation of any condition imposed by the commission in connection with an order granting a variance shall constitute a violation of this title and shall be subject to the same penalties as any other violations of this title. (Ord. 879 § 3 (part), 1996).

16.82.380 Revocation or modification of variances.

If at any time subsequent to an order of the planning commission, circumstances recited in the resolution as contributing to the justification for the order granting a variance should be changed, the commission may, upon its own initiative or on the recommendations of an enforcing office of the city, institute proceedings which shall be the same as those employed in considering an application for a variance. Upon the completion of the required hearing the commission shall by resolution enumerate its findings and, based thereon, shall issue its order to continue the original variance, modify the conditions of the variance, or revoke the variance as, in the judgment of the commission, is justified by its findings and necessary to conform to the purposes of this title.

Copies of such findings and order shall be distributed as in the case of action on an application or appeal to the commission as set forth in Section 16.82.360(c). (Ord. 879 § 3 (part), 1996).

VII. ADMINISTRATIVE PERMITS

16.82.410 Purpose.

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).

16.82.420 Application.

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).

16.82.430 Noticing.

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).

16.82.440 Granting.

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.

(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;

(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 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. 1101 § 5, 2023; Ord. 1028 § 5, 2016: Ord. 931 § 10 (part), 2004).

16.82.450 Appeals.

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).

16.82.460 Permits declared null and void when.

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).

16.82.470 Conditions of revocation.

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).

16.82.480 Revocation hearing.

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).

16.82.490 Reapplication.

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).