Chapter 17.20
Development and Land Use Approval Requirements
Sections:
17.20.020 General Requirements for Development and New Land Uses
17.20.030 Allowable Land Uses and Planning Permit Requirements
17.20.010 - Purpose
This Chapter describes the City’s general requirements for proposed development and new land uses, allowable land uses, and planning permit requirements. The permit requirements established by this Development Code for specific land uses are in Chapters 17.21 through 17.26.
17.20.020 - General Requirements for Development and New Land Uses
All development and land use shall comply with the following requirements.
A. Allowable use. The land use shall be allowable by this Development Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 17.20.030 (Allowable Land Uses and Planning Permit Requirements).
B. Permit and approval requirements.
1. Planning permit. Any planning permit or other approval required by Section 17.20.030 (Allowable Land Uses and Planning Permit Requirements) and any required coastal development permit 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.
2. Coastal Development Permit. When required, a Coastal Development Permit may be processed concurrently with any other required planning permit except for Design Review approval, which must be obtained prior to the coastal development permit.
C. Development standards, conditions of approval. All development shall comply with the certified Local Coastal Program, the Coastal General Plan, all applicable development standards of this Development Code, and any applicable conditions imposed by a previously granted planning permit.
D. Legal parcel. Proposed development or new land use shall only be sited on a parcel that was legally created in compliance with the Subdivision Map Act and Article 8 (Subdivision Regulations and Procedures), and had received any necessary coastal development permit. Parcels created after March 1, 1972, the effective date of the Coastal Zone Conservation Act, if applicable, that were not authorized by a required CDP or otherwise authorized under the Coastal Act, are not legal parcels.
17.20.030 - Allowable Land Uses and Planning Permit Requirements
A. Allowable land uses. The uses of land allowed by this Development Code in each zoning district are listed in: Chapters 17.21,Table 2-1; 17.22, Table 2-6; 17.24, Table 2-10; and 17.26, Table 2-14; together with the type of planning permit required for each use. Each land use listed in the tables is defined in Article 10 (Glossary & Index). In addition to the required planning permit listed in Chapters 17.21,Table 2-1; 17.22, Table 2-6; 17.24, Table 2-10; and 17.26, Table 2-14, a coastal development permit may also be required for any change in the density or intensity of use or other development of land.
1. Establishment of an allowable use.
a. Any one or more land uses identified by Tables 2-1, 2-6, 2-10, and 2-14 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 the Local Coastal Program, and this Development Code.
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. for any individual use. For example, a new building proposed in the CN zoning district with a bank on the ground floor and a doctor’s office on the second floor would require Use Permit (UP) approval because Table 2-6 requires Use Permit approval for "banks and financial services," even though an "Medical Services - Doctor Office" is listed in the CN zone as a permitted use, requiring only a Zoning Clearance.
2. Use not listed.
a. A land use that is not listed in Tables 2-1, 2-6, 2-10, or 2-14, and is determined by the Director to not be included in Article 10 (Glossary & Index) under the definition of a listed land use, is not allowed within the City, except as otherwise provided in Subsection A.3 or Section 17.71.030.
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 in Subsection A.3 or Section 17.71.030.
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:
i) 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;
ii) The use will be consistent with the purposes of the applicable zoning district;
iii) The use will be consistent with the Coastal General Plan, Local Coastal Program, and any applicable specific plan;
iv) The use will be compatible with the other uses allowed in the district; and
v) The use is not listed as allowable in another zoning district.
vi) The use will not have an adverse effect on coastal resources.
vii) The use will ensure adequate services will be provided to serve the proposed development.
viii) The use will not displace Coastal Act priority uses.
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 Development Code apply.
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 17.92 (Appeals).
B. Permit requirements. Tables 2-1, 2-6, 2-10, and 2-14 within Chapters 17.21 through 17.26 provide for land uses that are:
1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Section 17.71.020). These are shown as "P" uses in the tables;
2. Allowed subject to the approval of a Minor Use Permit (Section 17.71.060), and shown as "MUP" uses in the tables;
3. Allowed subject to the approval of a Use Permit (Section 17.71.060), and shown as "UP" uses in the tables;
4. Allowed subject to the type of City approval required by a specific provision of Chapter 17.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and
5. Not allowed in particular zoning districts, 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 a Coastal Development Permit (Section 17.71.045), Design Review approval (Section 17.71.050), a Building Permit, and/or other permit required by the Municipal Code.
17.20.040 - 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 17.71.030 (Limited Term Permit).