Chapter 21.80 — GENERAL PERMIT PROVISIONS

This chapter establishes the overall structure for the application, review, and action on discretionary permits, applications; and identifies and describes the discretionary permits regulated by this title. (Ord. 612 Exhibit A (part), 2008).

(a) Administrative Permits and Actions. The community development director has primary administrative authority over certain activities which require the determination of compliance with applicable zoning provisions. In the case of a temporary use permit, a permit review board will take action on the administrative permit request. No public hearing is required for administrative permits and actions unless the decision is appealed in accordance with provisions of Chapter 21.88.

(1) Zoning code interpretation (exclusive of use interpretations). An administrative interpretation of certain provisions (exclusive of use provisions) of the zoning ordinance in an effort to resolve ambiguity in the regulations and to ensure their consistent application (Chapter 21.94).

(2) Zoning clearance/plan check. An administrative plan check process of nonexempt uses and structures that do not otherwise require review to determine conformance with applicable provisions of this title (Chapter 21.96).

(3) Home occupation permit. An administrative permit authorizing limited non-residential activities on residential properties in compliance with specific criteria and performance standards (Chapter 21.98).

(4) Temporary use permit. An administrative permit authorizing specific limited-term uses in conformance with specified conditions and performance criteria set forth in Chapter 21.100.

(5) Administrative adjustment. An administrative permit granting limited exceptions to certain development standards of this title where strict compliance would result in a unique hardship (Chapter 21.102).

(6) Temporary sign permit. An administrative permit authorizing a variety of temporary signs for limited-term promotional advertising in conformance with specific provisions and conditions of this title (Chapter 21.104). Temporary signs may also be approved in conjunction with a temporary use permit (Chapter 21.100).

(7) Site plan review. An administrative review process providing for review of projects for compliance with the provisions of this title and compliance with any site plan or architectural design guidelines adopted by the city (Chapter 21.114).

(8) Large family day care home permit (LDC). An administrative permit authorizing a properly licensed applicant to operate a large family day care home, which provides care for nine to fourteen children, from a single-family zoned residence and in compliance with specific criteria and performance standards in Chapter 21.103 of this Title.

(b) Quasi-judicial Permits and Actions. Except when combined with legislative actions, the planning commission is the designated approving authority for quasi-judicial permits and actions. A public hearing is required for the following quasi-judicial actions:

(1) Zoning code use interpretation. An action establishing a use determination in an effort to resolve ambiguity in the use regulations and to ensure their consistent application (Chapter 21.106).

(2) Variance. An action granting exception to the development standards of this title in cases where strict compliance would result in a unique hardship. This permit applies to all requests for exception to the development standards of this title that do not qualify as a minor variance (Chapter 21.108).

(3) Conditional use permit. A permit authorizing the operation of a specific use of land or a building in a particular location consistent with the provisions of this title (Chapter 21.110).

(4) Certificate of compatibility. An action authorizing the design compatibility of new single-family homes with surrounding neighborhoods beyond consistency with applicable zoning provisions of this title (Chapter 21.112).

(5) Abatement/extension of nonconforming uses/structures. An action requiring the abatement or authorizing the extension of nonconforming uses or structures pursuant to provisions of Article IX, Chapter 21.130 (Chapter 21.114).

(c) Legislative Actions. The designated approving authority for all legislative actions by the city is the city council. A public hearing is required for all following legislative actions:

(1) Planned unit development. An action adopting a special area plan addressing the use and/or development of land that may not conform to the underlying zoning map or district regulations, but which complies with the goals and policies of the general plan for a particular area (Chapter 21.116).

(2) Specific plan. A regulatory document prepared pursuant to the Government Code Section 65450 et seq. for the systematic implementation of the general plan for a particular area (Chapter 21.118).

(3) Zoning ordinance text/map amendment. An action authorizing either a text amendment to this title or a map amendment changing the zoning designation of particular property consistent with the general plan (Chapter 21.120).

(4) General plan text/map amendment. An action authorizing either a text amendment to the general plan or a map amendment changing the general plan land use designation of particular property(s) (Chapter 21.122).

(5) Development agreement. An agreement between the city and a party with legal or equitable interest in the real property relating to the development of property (Chapter 21.124).

(d) Subdivisions and Other Building Regulations. In addition to the permits listed in this title, regulations governing the subdivision of land are established in Title 20 of the Municipal Code. Provisions for construction and building are established in Title 17 of the Municipal Code.

(Ord. 651, § 10, 2012; Ord. 612 Exhibit A (part), 2008; Ord. 705, § 8, 2018).

21.80.030 Exemptions from permit requirements .

The following activities and uses of land and/or structures are exempt from the land use and development permit requirements of this title. However, activities/uses shall comply with all other relevant provisions of this title and may require other permits.

(1) Decks and paths. Decks, platforms, and on-site paths that are less than thirty inches above natural grade, are not over any basement or story below, and are unenclosed except for a safety railing with a maximum height of forty-two inches.

(2) Fences in residential zoning districts. Certain fences in residential zoning districts are exempt from land use permit requirements, as provided in Chapter 21.62.

(3) Portable spas, hot tubs, fish ponds. Portable spas, hot tubs, fish ponds, and similar structures that are less than one hundred twenty square feet in area (including related equipment), contain less than two thousand gallons of water, and are less than three feet in depth.

(4) Accessory structures. Accessory structures, as defined in Article X, that are smaller than one hundred twenty square feet in size, are not located in the required front yard, and have no portion of the structure equal to or greater than eight feet in height.

(5) Interior remodeling. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.

(6) Repairs and maintenance. Ordinary repairs and maintenance, if:

(A) The work does not change the approved land use of the site or the structure or add to, enlarge or expand the area occupied by the land use, or the floor area of the structure.

(B) Within a parking lot, the work does not alter the number or configuration of parking and/or landscape planters in any manner.

• (C) Any exterior repairs employ the same materials and design as the original construction.

• (7) Solar collectors. The addition of solar collection systems to the roofs of existing structures.

(8) Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are subject to compliance with Chapter 21.46.

• (9) Activities/uses.

• (A) Garage sales in residential zoning districts and neighborhoods, provided a garage sale permit has been issued.

(B) Emergency public health and safety needs/land use activities including, but not limited to emergency utility and response facilities.

• (Ord. 612 Exhibit A (part), 2008).

(a) A land use on property that complies with the permit requirement or exemption provisions of this title shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements other agencies before construction or use of the property is commenced. Nothing in this title shall eliminate the need to obtain any permits required by:

(1) Any other Municipal Code provisions, including building, grading, or other construction permits (Title 17); a business license, if required; or subdivision approval if required by Title 20; or

• (2) Any applicable county, regional, state, or federal regulations.

• (b) All necessary permits shall be obtained before starting work or establishing a new use.

(Ord. 612 Exhibit A (part), 2008).

(a) Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit in accordance with this chapter is the responsibility of the applicant.

(b) Precedence. Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and is not justification for the granting of a new permit.

(Ord. 612 Exhibit A (part), 2008).