Chapter 9.20
Development and Land Use Approval Requirements
Sections:
9.20.020 General Requirements for Development and New Land Uses
9.20.030 Allowable Land Uses and Permit Requirements
9.20.040 Exemptions from Planning Permit Requirements
9.20.010 Purpose
This Chapter describes the City’s requirements for the approval of proposed development and new land uses. The permit requirements established by this Land Use Code for specific land uses are in Chapters 9.22 through 9.28.
9.20.020 General Requirements for Development and New Land Uses
Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.
A. Allowable use. The land use shall be allowed by this Land Use Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 9.20.030 (Allowable Land Uses and Permit Requirements).
B. Permit and approval requirements. Any planning permit or other approval required by Section 9.20.030 (Allowable Land Uses and 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 9.20.040 (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, the provisions of Article 3 (Site Planning and Project Design Standards), and any applicable conditions imposed by a previously granted planning permit.
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.
9.20.030 Allowable Land Uses and Permit Requirements
A. Allowable land uses. The uses of land allowed by this Land Use Code in each zoning district are listed in Chapters 9.22, 9.24, and 9.26 (Tables 2-1, 2-4, and 2-10, respectively), together with the type of planning permit required for each use. Each land use listed in Tables 2-1, 2-4, and 2-10 is defined in Article 10 (Glossary).
1. Establishment of an allowable use.
a. Any one or more land uses identified by Tables 2-1, 2-4, and 2-10 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirements of Subsection B., and compliance with all applicable requirements of this Land Use Code.
b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B. for any individual use. For example, multi-use building proposed with a permitted use on the second floor and a use requiring Use Permit approval on the ground floor would require Use Permit approval.
2. Use not listed.
a. A land use that is not listed in Tables 2-1, 2-4, or 2-10, and is determined by the Zoning Administrator to not be included in Article 10 (Glossary) under the definition of a listed land use, is not allowed within the City, except as otherwise provided Subsection A.3, or Section 9.20.040 (Exemptions from Planning Permit Requirements).
b. A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided Subsection A.3, or Section 9.20.040.
3. Similar and compatible use may be allowed. The Zoning Administrator may determine that a proposed use not listed in this Article is allowable as follows:
a. Required findings. The Zoning Administrator may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first finding that:
(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 district;
(2) The use will be consistent with the purposes of the applicable zoning district;
(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 district; and
(5) The use is not listed as allowable in another zoning district.
A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.
b. Applicable standards and permit requirements. When the Zoning Administrator determines that a proposed, but unlisted use is similar 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 Land Use Code apply.
c. Referral for determination. The Zoning Administrator may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Planning Commission for a determination at a public meeting.
d. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 9.76 (Appeals).
B. Permit requirements. Tables 2-1, 2-4, and 2-10 within Chapters 9.22, 9.24, and 9.26 provide for land uses that are:
1. Permitted subject to compliance with all applicable provisions of this Land Use Code, subject to first obtaining a Zoning Clearance (Section 9.72.100). These are shown as "P" uses in the tables;
2. Allowed subject to Minor Use Permit approval (Section 9.72.080), and shown as "MUP" uses in the tables;
3. Allowed subject to Use Permit approval (Section 9.72.080), and shown as "UP" uses in the tables;
4. Allowed subject to the type of City approval required by a specific provision of Chapter 9.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and
5. Not allowed in a particular zoning district, and shown as "-" uses in the tables.
Note: a land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Use Permit may also require Design Review approval (Section 9.72.040), a Coastal Permit (Section 9.72.030), a Building Permit, and/or other permit required by the Municipal Code.
9.20.040 Exemptions from Planning Permit Requirements
The planning permit requirements of this Land Use Code do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zoning districts subject to compliance with this Section.
A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B. below are exempt from the planning permit requirements of this Land Use Code only when:
1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article (Zoning Districts and Allowable Land Uses), Article 3 (Site Planning and Project Design Standards) and, where applicable, Chapter 9.90 (Nonconforming Uses, Structures, and Parcels);
2. No Coastal Permit is required by Section 9.72.030;
3. Any permit or approval required by regulations other than this Land Use Code is obtained (for example, a Building Permit); and
4. The site is not within a :WP (Wetland Protection) or :SP (Stream Protection) combining zone.
B. Exempt activities and land uses. The following are exempt from the planning permit requirements of this Land Use Code when in compliance with Subsection A. above.
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 9.30.030 (Fences, Walls, 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 non-residential structures. Ordinary repairs to, and maintenance of multi-family residential and non-residential 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 pre-manufactured storage sheds and other small structures in residential zoning districts that are exempt from Building Permit requirements in compliance with the Municipal Code and the Uniform Building Code. Additional structures may be approved in compliance with Section 9.42.030 (Accessory Structures), where allowed by the applicable zoning district.
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 zoning district.
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.
8. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zoning district. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 9.44 (Telecommunications Facilities).