Chapter 18.20
Development and Land Use Approval Requirements
Sections:
18.20.020 General Requirements for Development and New Land Uses
18.20.030 Allowable Land Uses and Planning Permit Requirements
18.20.040 Exemptions from Planning Permit Requirements
18.20.010 - Purpose
This Chapter describes the City’s requirements for the approval of proposed development and new land uses. The permit requirements established by this Development Code for specific land uses are in Chapters 18.21 through 18.26.
(Ord. 930, § 2, passed 06-12-2017)
18.20.020 - 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 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 § 18.20.030 (Allowable Land Uses and Planning Permit Requirements).
B. Permit and approval requirements. Any planning permit or other approval required by § 18.20.030 (Allowable 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 § 18.20.040 (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, applicable standards and requirements in Articles 3 (Site Planning and Project Design Standards), 4 (Standards for Specific Land Uses), 5 (Resource Protection), and 6 (Site Development Regulations), 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 Article 8 (Subdivision Regulations and Procedures).
(Ord. 930, § 2, passed 06-12-2017)
18.20.030 - 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 18.21, Table 2-1; 18.22, Table 2-6; 18.24, Table 2-10; and 18.26, 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).
1. Establishment of an allowable use.
a. Any 1 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) of this Section, and compliance with all applicable requirements of this Development Code.
b. Where a single parcel is proposed for development with 2 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. 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 a “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) under the definition of a listed land use, is not allowed within the City, except as provided in Subsection (A)(3) of this Section, or § 18.20.040 (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 in Subsection (A)(3) of this Section, or § 18.20.040.
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:
i) The characteristics of, and activities associated with, the use are similar to 1 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 Inland General Plan 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.
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 18.92 (Appeals).
B. Permit requirements. Tables 2-1, 2-6, 2-10, and 2-14 within Chapters 18.21 through 18.26 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 (§ 18.71.020). These are shown as “P” uses in the tables;
2. Allowed subject to the approval of a Minor Use Permit (§ 18.71.060), and shown as “MUP” uses in the tables;
3. Allowed subject to the approval of a Use Permit (§ 18.71.060), and shown as “UP” uses in the tables;
4. Allowed subject to the type of City approval required by a specific provision of Chapter 18.42 (Standards for Specific Land Uses), as noted in the “Specific Use Regulations” column of Table 2-1 of Chapter 18.21 of this LUDC which references the required regulation sections of Chapter 18.42; 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 Design Review approval (§ 18.71.050), a Building Permit, and/or other permit(s) required by the Municipal Code.
(Ord. 930, § 2, passed 06-12-2017)
18.20.040 - Exemptions from Planning Permit Requirements
The planning permit requirements of this Development 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) of this Section are exempt from the planning permit requirements of this Development Code 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 (Zoning Districts and Allowable Land Uses), and Articles 3 (Site Planning and Project Design Standards), 4 (Standards for Specific Land Uses), 5 (Resource Protection), 6 (Site Development Regulations) and, where applicable, Chapter 18.90 (Nonconforming Uses, Structures, and Parcels); and
2. Any permit or approval required by regulations other than this Development Code is obtained (for example, a Building Permit).
B. Exempt activities and land uses. The following are exempt from the planning permit requirements of this Development Code 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 § 18.30.050 (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. Multifamily and nonresidential structures. Ordinary repairs to and maintenance of multifamily residential and nonresidential structures, if:
i) 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
ii) 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 or 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 § 18.42.160 (Residential Accessory Uses and 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 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 3 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 18.44 (Telecommunications Facilities).
(Ord. 930, § 2, passed 06-12-2017)
18.20.050 - Temporary Uses
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in § 18.71.030 (Limited Term Permit).
(Ord. 930, § 2, passed 06-12-2017)