Laserfiche WebLink
districts ". Each of those "district" — and what is allowed to be built in those districts — are <br />discussed specifically in Articles 4 through 29. Under each Article, there is a provision <br />for "conditional uses" subject to obtaining a "use permit". For example, if you want to <br />build a child. care center in the district subject to Article 4, one must obtain a use permit. <br />Under Section 46.7(D), no use permit required under these "zoning district regulations" <br />would be required if there is an approved Planned Development Permit. On the other <br />hand, a Creek setback ordinance under Section 32.12(F) is not a district regulation <br />requiring a use permit — a creek setback protection is not a "district ". As encroachment of <br />the Creek setback ordinance requires a use permit — and specific written findings — Section <br />46.7(D) excusing a use permit "under the applicable zoning district regulations" if there is <br />a PDP does not excuse the use permit (and findings) required under Section 32.13(F). <br />This interpretation is also consistent with Section 46 regarding Planned <br />Development Permits, indicating that a PDP modification should provide a project that is <br />better than what would occur under standard subdivision regulations. As stated in Section <br />46.4(A) "The design and construction quality contained in all aspects of the development <br />plan is expected to exceed the quality standards typically required for new developments <br />located in similar zoning districts "; which development plan must include that "the plans <br />shall prescribe measures to protect sensitive areas around waterways ..." <br />Accordingly, the Court concludes that Respondent's approval of the Finger Avenue <br />Project, and specifically issuance of a Planned Development Permit, to include building of <br />residences within 25 feet of the top of the bank of Cordilleras Creek was unlawful, as <br />Respondents failed to issue a Use Permit, failed to make all findings required (in writing) <br />under Redwood City Zoning Ordinance Section 42.3(B) and (C), and failed to make all <br />findings required under Zoning Ordinance Section 32.12(F). <br />16 <br />8.B. - Page 75