Chapter 17.53 — EXEMPTIONS

This chapter identifies development that is exempt from permitting pursuant to this Title. (Ord. 20-03 § 6)

The following development is exempt from the requirement to obtain an approval otherwise required of this Title. Exempt development must still comply with all applicable regulations of this Title, all associated policies of the General Plan, all State or Federal laws and codes, as well as any applicable conditions of a previously approved permit for the subject property.

• A. Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of the structure.

• B. Installation of low-impact interpretive and public access signage.

• C. Uses that are listed as “P” in Land Use Regulation Table 17.07.020, Table 17.08.020, Table 17.09.020, Table 17.10.020, and Table 17.12.020. Exceptions to this exemption apply if a permit or discretionary approval is required for the use pursuant to this Title, including new tenants or uses that constitute a Change of Use.

• D. Improvements required by law, such as ADA accessibility, notwithstanding any underlying zoning permits or approvals on the subject lot.

• E. Installation of irrigation lines not otherwise requiring a Grading Permit.

• F. Poles, wires, underground gas pipelines less than 12 inches in diameter, and similar installations erected, installed, or maintained by public agencies or public service or utility districts or companies; however, such structures shall be subject to height limitations when located in the -AE Overlay District.

• G. Decks, platforms, walkways, and driveways that do not require a Grading Permit and are not over 30 inches above finish grade and not over any basement or story below.

• H. Installation of skylights and re-roofing of an existing structure.

• I. Installation of windows and doors that do not significantly change the streetscape nor require Design Review Board approval.

• J. Window awnings that are supported by an exterior wall and extend less than 36 inches from such exterior wall.

• K. Spas, hot tubs, fish ponds, and other water-containing structures that do not exceed 120 square feet, including related equipment, and do not contain more than 2,000 gallons of water.

• L. Decorative water features that are located within the rear of a lot and not visible from public viewing areas, or if visible are less than three feet in height and contain less than 50 gallons of water.

• M. Interior alterations, including tenant improvements, that do not result in an increase in the required number of parking spaces.

• N. In the AG District, agricultural accessory structures that are roofed and supported by posts or poles, do not exceed 250 square feet of roof area, are unenclosed on all sides, have no plumbing or electrical facilities, and are less than 16 feet in height.

• O. Liquefied petroleum gas (i.e., propane, propylene, butane) tanks of up to 20 pounds/five gallons when located a residential district and up to 33 pounds/eight gallons when located in an agricultural district.

• P. Seismic retrofits to existing structures.

1. Seismic retrofits are limited to the addition of foundation bolts, hold-downs, lateral bracing at cripple walls and other structural elements required by the City.

   2. The seismic retrofits must not increase the floor area of the structure, involve exterior alterations to the structure, alter the footprint of the structure, nor increase the height of the structure.

• Q. The replacement or restoration of conforming structures or structures damaged or destroyed by a disaster, as determined by the Director.

  1. The replaced or restored structure must:

     • a. Conform to all applicable district requirements (including permitted uses);

     • b. Be for the same use;

     • c. Be in the same general footprint location; and

     • d. Not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent or 250 square feet, whichever is less.

  2. If the Director determines that the exterior design or specifications are proposed to be changed, the restored or replaced structure will be subject to the provisions of Chapter 17.58 , Design Review.

• R. One satellite dish, which is one meter in diameter or less and is used solely by the occupants of the dwelling or property on which the dish is located for non-commercial, private reception.

• S. The annual or semiannual plowing, tilling, preparation, and planting of land for ongoing farming and agricultural operations.

• T. Other types of earthwork, which do not require a Grading Permit or are otherwise specifically listed as exempt within Section 17.24.100 , General Site Regulations—Grading and Grubbing.

• U. New or replacement roof-mounted equipment that is not visible from public viewing areas.

• V. The temporary use of generators in the event of a power outage or for other emergency use. For purposes of this subsection, emergency use is defined in accordance with 17 California Code of Regulations, Section 93115 , as may be amended.

• W. Exterior air conditioning equipment is exempt if the following requirements are met:

  1. Location.

     • a. The equipment is located outside of all required setbacks; or

     • b. The equipment does not encroach more than three feet into any interior side or rear setback provided a five-foot wide accessway is maintained for emergency access.

  2. Noise. The equipment complies with the acoustical standards of Section 17.39.070 , Performance Standards—Noise.

• X. City Projects, including Capital Improvement Program projects, are exempt from Zoning Permits and Discretionary Approvals, as follows:

  1. Inland Area. All projects, except where located within an ESHA.

2. Coastal Zone. Repair and maintenance activities where not located within an ESHA.

(Ord. 20-03 § 6; Ord. 21-07 § 4; Ord. 22-06 § 4; Ord. 24-01, 4/16/2024; Ord. 25-10, 12/2/2025)