Chapter 18.32


18.32.010    Zoning approval.

18.32.020    Additional requirement for grading permit.

18.32.030    Duty of city planner to issue permit.

18.32.040    Effective date – Lapse of approval or permit – Appeals.

18.32.050    Change in project or plan.

18.32.060    Environmental review.

18.32.010 Zoning approval.

A. Purpose. The purpose of zoning approval is to ensure that each new or expanded use or structure complies with this title. The process of zoning approval may be combined with the consideration of any other entitlement.

B. Zoning Approval Required. Zoning approval is required before issuance of:

1. Building permit (PMC Title 15);

2. Certificate of occupancy (PMC Title 15);

3. Fence height exception (PMC 18.84.205(F)(2));

4. Grading permit (PMC Title 15);

5. Home occupation permit (PMC 18.50.400 through 18.50.410);

6. Tree removal permit (PMC 18.84.825 through 18.84.870);

7. Outdoor dining permit (PMC 18.84.430);

8. Utility service connection (PMC Title 13);

9. Modification of an existing use or change in use classification of a building or a site.

C. Requirement for Notice and Hearing. In considering zoning approval for (1) fence height exception; (2) home occupation permit; (3) removal of a protected tree; or (4) reestablishment of abandoned or discontinued nonconforming uses in the mixed use districts, the zoning administrator shall first hold a noticed public hearing (PMC 18.14.020) and may not grant zoning approval unless the applicable standards are considered or the findings are made, as prescribed in the following sections:

1. PMC 18.84.205(F)(2) in the case of a fence height exception;

2. PMC 18.50.410 in the case of a home occupation permit;

3. PMC 18.84.850(E) in the case of a tree removal permit;

4. PMC 18.76.040(D)(3) in the case of reestablishment of an abandoned or discontinued use in the M district or Railroad Avenue specific plan PD district. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 10-1327 § 3 (Exh. A), 2010; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]

18.32.020 Additional requirement for grading permit.

The city planner may require that an application for a zoning approval for grading that will affect more than 160 cubic yards of earth be accompanied by plans and related materials showing the proposed development, alteration, enlargement, or reuse of the property affected. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.32.030 Duty of city planner to issue permit.

The city planner shall grant zoning approval upon determining that the use or structure complies with this title and that environmental documentation, if any, required by the California Environmental Quality Act (CEQA) is complete. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.32.040 Effective date – Lapse of approval or permit – Appeals.

A zoning approval and a zoning permit is each effective on issuance. It lapses according to its terms, if any, or upon revocation.

The denial or revocation of zoning approval or a zoning permit is subject to appeal as provided for in Chapter 18.18 PMC. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.32.050 Change in project or plan.

A change to a project or plan following issuance of zoning approval but before issuance of a building permit requires a new zoning approval if the change affects compliance with this title. The city planner may waive the requirement for a new zoning approval if the change to an approved plan is minor, does not involve substantial alteration or addition to the plan and is consistent with the intent of the original approval. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.32.060 Environmental review.

A project shall be the subject of a negative declaration or an environmental impact report (EIR) if it is not ministerially or categorically exempt from the California Environmental Quality Act (CEQA) and is the subject of an application for a discretionary approval, including a general plan amendment, zoning map or text amendment, subdivision design review, use permit, master plan, specific plan, PD plan, or is subject to environmental review for any other reason.

A. Determination of Lead Agency. The city planner may designate as the lead city department (the lead agency as the term is defined by CEQA guidelines) the individual or body having the broadest discretionary approval responsibilities, and may designate the planning commission, the city planner or the city council.

B. Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA guidelines. [Amended during 2007 recodification; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]