Chapter 17.10 DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

Chapter 17.10
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

Sections:

17.10.020 General Requirements for Development and New Land Uses

17.10.030 Permitted Land Uses and Planning Permit Requirements

17.10.040 Exemptions from Planning Permit Requirements

17.10.010 Purpose

This chapter describes the City’s requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Ordinance for specific land uses are in Chapters 17.12 through 17.24.

17.10.020 General Requirements for Development and New Land Uses

Each land use and/or structure within the City shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements:

A. Permitted uses. The land use shall be allowed by this Zoning Ordinance in the zone designated to the site. The basis for determining whether a use is allowable is described in Section 17.10.030 (Permitted Land Uses and Planning Permit Requirements).

B. Planning permit and approval requirements. Any planning permit or other approval required by Section 17.10.030 (Permitted Land Uses and Planning Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.10.040 (Exemptions from Planning Permit Requirements).

C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this chapter, applicable standards and requirements in Articles 3 (Site Planning, Design, and Operational Standards), and 4 (Standards for Specific Land Uses), and any applicable conditions imposed by a previously granted planning permit, except where any of these are superseded by the standards and requirements of an adopted and current redevelopment plan.

D. Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the City’s Subdivision Ordinance.

17.10.030 Permitted Land Uses and Planning Permit Requirements

A. Permitted land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in tables in Chapters 17.12, 17.18, and 17.24, together with the type of planning permit required for each use. Each listed land use is defined in Article 7 (Glossary).

1. Establishment of a permitted use.

a. Any one or more land uses identified as being permitted within a specific zone may be established on any parcel within that zone, subject to the planning permit requirements of Subsection B of this section, and compliance with all applicable requirements of this Zoning Ordinance.

b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by Subsection B of this section for any individual use.

2. Use not listed.

a. A land use that is not listed and is determined by the Director to not be included in Article 7 (Glossary) under the definition of a listed land use, is not allowed within the City, except as otherwise provided in Subsection A.3 of this section, or Section 17.10.040 (Exemptions from Planning Permit Requirements).

b. A land use that is not listed in the tables within a particular zone is not allowed within that zone, except as otherwise provided in Subsection A.3 of this section, or Section 17.10.040.

3. Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this article is allowable as follows:

a. Required findings. The Director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:

(1) The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;

(2) The use will be consistent with the purposes of the applicable zone;

(3) The use will be consistent with the General Plan, and any applicable specific plan;

(4) The use will be compatible with the other uses allowed in the zone; and

(5) The use is not listed as allowable in another zone.

A determination that a use qualifies as a similar and compatible use, and the findings supporting the determination shall be in writing.

b. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Ordinance apply. Once such a determination is made, the Director shall, at the next earliest opportunity, process a text amendment to the Zoning Ordinance in accordance with Chapter 17.74 (Amendments) in order to reflect the determination.

c. Referral for determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.

d. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 17.76 (Appeals).

B. Permit requirements. Tables 2-1, 2-4, and 2-7 within Chapters 17.12 through 17.14 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this Zoning Ordinance, subject to first obtaining a Zoning Clearance (Section 17.62.020). These are shown as “P” uses in the tables;

2. Allowed subject to the approval of a Minor Use Permit (Section 17.62.070), and shown as “MUP” uses in the tables;

3. Allowed subject to the approval of a Use Permit (Section 17.62.070), and shown as “UP” uses in the tables;

4. Allowed subject to specific standards and/or City approvals of Chapter 17.52 (Standards for Specific Land Uses), noted with the specific code section in as Tables 2-1, 2-4, and 2-7;

5. Not allowed in particular zones, and shown as “–” in the tables.

Note: a land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Use Permit may also require Architectural Review approval (Section 17.62.030), a Building Permit, and/or other permit required by the Municipal Code.

17.10.040 Exemptions from Planning Permit Requirements

The planning permit requirements of this Zoning Ordinance do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zones subject to compliance with this section.

A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B of this section are exempt from the planning permit requirements of this Zoning Ordinance only when:

1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this article (Zones, Permitted Land Uses, and Zoning Standards), and Articles 3 (Site Planning, Design, and Operational Standards), 4 (Standards for Specific Land Uses) and, where applicable, Chapter 17.72 (Nonconforming Uses, Structures, and Parcels); and

2. Any permit or approval required by regulations other than this Zoning Ordinance is obtained (for example, a Building Permit).

B. Exempt activities and land uses. The following activities and/or land uses are exempt from the planning permit requirements of this Zoning Ordinance when in compliance with Subsection A of this section:

1. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit.

2. Fences and walls. See Section 17.30.020 (Fences, Walls, Hedges, and Screening).

3. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

4. Repairs and maintenance.

a. Single-family dwellings. Ordinary repairs to and maintenance of single-family dwellings.

b. Multi-family, and nonresidential structures. Ordinary repairs to and maintenance of multi-family residential and nonresidential structures, if:

(1) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

(2) Any exterior repairs employ the same materials and design as the original construction.

5. Small, portable residential accessory structures. A single portable structure per lot or unit, including premanufactured storage sheds or other small structures in residential zones, that are exempt from Building Permit requirements in compliance with the Municipal Code and the California Building Code. Additional structures may be approved in compliance with Section 17.52.220 (Residential Accessory Buildings, Structures, and Uses), where allowed by the applicable zone.

6. Solar collectors. The addition of solar collectors to the roof or side of a building; provided, that the collectors comply with applicable height limit requirements; and ground-mounted solar collectors that comply with the setback requirements and height limitations of the applicable zone and are not visible from off the site.

7. Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth. (Ord. 1044 § 2, 2017)

17.10.050 Temporary Uses

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 17.62.040 (Limited Term Permit).