§ 17.02

No form of development shall occur or be maintained and no new land use shall be established, allowed, or maintained unless both comply with the following requirements.

A.

Allowable Use. Table 2-2 - Land Use Table in Chapter17.11 identifies land uses authorized in each zoning district within the city.

B.

Permit Requirements. Absent an applicable exemption under Section 17.02.020, any land use permit required by this development code and any permits required by Title 15 of this Code shall be obtained before the proposed development or land use is constructed, established or put into operation. The land use permit requirements of this development code are established by Chapter 17.62.

C.

Development Standards. Every development and/or use(s) shall comply with all other applicable requirements of this development code, including Article II, and the provisions of Article III.

D.

Conditions of Approval. Development and/or use(s) shall comply with any applicable conditions imposed by any previously granted land use permit, unless those conditions are thereafter revoked or modified in accordance with the provisions in this development code. New development and/or uses shall, at all times, comply with all conditions of approval for a new land use permit that are imposed pursuant to this development code.

E.

Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 17.68 or by Los Angeles County prior to city incorporation.

(Ord. No. 2010-265, § 3, 1-27-2010)

The land use permit requirements of this development code do not apply to the activities, land uses and structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

A.

General Requirements for Exemption. The activities, land uses and structures identified by subsection (B) of this section are exempt from the land use permit requirements of this development code only when:

1.

The activity, use or structure is established and operated and maintained in compliance with all applicable development standards of this title.; and

2.

Any permit or approval required by regulations other than this development code is first obtained in compliance with Section 17.02.040 of this chapter.

B.

Exempt Activities, Uses and Structures. The following activities, land uses and structures are exempt from the land use permit requirements of this development code when in compliance with subsection (A) of this section:

1.

Decks, Paths and Driveways. Unenclosed decks, platforms, on-site paths, and driveways are exempt provided they (i) do not require a building permit or a grading permit under Title 15 of this Code, (ii) are not over eighteen (18) inches above natural grade, and (iii) are not over any basement or story below.

2.

Fences—Residential, Single-Family (RS) Zoning Districts. Except for those properties within the SC overlay zone, fences in the RS zoning district are exempt as set forth in Section 17.20.100 of this title.

3.

Governmental Activities. Activities of the city are exempt. Activities of the state or the federal government on land owned or leased by a governmental agency are exempt to the extent required by state and federal law.

4.

Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within a structure, or do not change the permitted use of the structure.

5.

Portable Spas, Hot Tubs and Fish Ponds. Portable spas, hot tubs and fish ponds and other similar structures, are exempt provided that do not (i) exceed one hundred twenty (120) square feet in total area, including related equipment; (ii) contain more than two thousand (2,000) gallons of water; or (iii) exceed three feet in depth.

6.

Repairs and Maintenance of Existing Lawful Structures. Repair and maintenance of existing lawful structures is exempt; provided it does not change, intensification or expansion of an approved land use of a site or structure, or does not add to, enlarge or expand a structure. Exterior maintenance and repair work shall, for structure exteriors, use the same materials and design as the original structure.

7.

Small Residential Accessory Structures. Storage sheds and other small structures in residential zoning districts shall be exempt provided they (i) comply with the building permit requirements of Title 15 of this Code, (ii) comply with the setback requirements of Section 17.20.180F.(6) of this title, and (iii) are less than one hundred twenty (120) square feet in gross floor area. Small residential accessory structures located within the scenic corridor shall also comply with the scenic corridor guidelines. Children's playground structures shall not be allowed in front yard setbacks in any residential zoning district.

8.

Utilities. The erection, construction, alteration or maintenance of underground or overhead utilities by a public utility or public agency (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities.), shall be exempted from the requirements of this development code to the extent required by state and federal law. Notwithstanding the foregoing, the route of any electrical transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject to council review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Section 17.12.050 of this title. Any construction activity within a public right-of-way shall first be reviewed by the city engineer and shall require the approval of a city encroachment permit.

9.

Walls and Retaining Walls. Concrete and masonry walls less than forty-two (42) inches in height located in residential zoning districts shall be exempt. Retaining walls retaining earth shall be exempt provided, the grade changes are thirty-six (36) inches or less and Title 15 of this Code do not require a grading permit. The foregoing exempt walls shall comply with all applicable provisions of Section 17.20.100 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 17.62.030.

(Ord. No. 2010-265, § 3, 1-27-2010)

An allowed structure or land use that is exempt from a land use permit, or that has been granted a land use permit, may still be required to obtain other permits before construction or installation work for the structure is started, or the use or activity is established or put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

A.

Other provisions of this Code, including: building, grading or other construction permits required by Title 15; a business licenses if required by Title 5; or subdivision approvals if required by Article IV;

B.

Los Angeles County, any special district, or any regional, state or federal agency. All permits and approvals required by law from such agencies or districts having concurrent jurisdiction shall be obtained prior to the commencement of work on any allowed structures or establishing new uses.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.03 - INTERPRETATION OF CODE PROVISIONS