Chapter 10.80 — GENERAL PROVISIONS

This Chapter establishes the overall form and structure for the application, review, and action on permits and approvals and further identifies and describes the permits required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

A. Administrative Permits and Approvals. Except as specified in Section 10.82.070 (Initial Application Review), the Director shall be the designated review authority for the following permits and approvals, in compliance with Table 6-1 (Review Authority) and Table 6-2 (Review Authority for Site Plan and Design Review). Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable zoning provisions.

1. Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code (Chapter 10.84 [Conditional Use Permits and Minor Use Permits]).

2. Minor Variances. An administrative action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with (Chapter 10.98 [Variances and Minor Variances]).

3. Reasonable Accommodations. An administrative permit authorizing limited modifications to residential properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards (Chapter 10.90 [Reasonable Accommodations]).

4. Sign Permits. An administrative permit authorizing a variety of signs for promotional advertising in compliance with specific provisions and conditions of this Zoning Code (Section 10.34.060 [Permit Required]). Temporary signs may also be approved in conjunction with a Temporary Use Permit (Chapter 10.96 [Temporary Use Permits]).

5. Site Plan and Design Review. An administrative review process providing for review of projects for compliance with the provisions of this Zoning Code andcompliance with any site plan or architectural design guidelines adopted by the City (Chapter 10.94 [Site Plan and Design Review]).

6. Temporary Use Permits. An administrative permit authorizing specific limited-term uses in compliance with specified conditions and performance criteria identified in Chapter 10.96 (Temporary Use Permits).

7. Zoning Clearances. An administrative plan check process of nonexempt uses and structures that do not otherwise require review to determine compliance with applicable provisions of this Zoning Code (Chapter 10.100 [Zoning Clearances]).

8. Zoning Code Interpretations/Determinations. An administrative interpretation of certain provisions of this Zoning Code in an effort to resolve perceived ambiguities in the regulations and to ensure their consistent application (Chapter 10.04 [Interpretation of the Zoning Code]).

B. Commission Permits and Approvals. Except as specified in Section 10.82.030 (Multiple Permit Applications), the Commission is the designated review authority for the following permits and approvals. A public hearing is required for the following Commission actions in compliance with Chapter 10.116 (Public Notices and Hearings):

1. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code (Chapter 10.84 [Conditional Use Permits

and Minor Use Permits]).

2. Planned Development Permits. A permit authorizing a special plan addressing the 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 10.88 [Planned Development Permits]).

3. Variances. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with (Chapter 10.98 [Variances and Minor Variances]).

4. Abatement/Extension of Nonconforming Uses/Structures. An action requiring the abatement or authorizing the extension of nonconforming uses or structures in compliance with provisions of Article 5 [Nonconformities]).

C. Legislative Actions. The designated review authority for all legislative actions is the Council. A public hearing is required for the following legislative actions in compliance with Chapter 10.116 (Public Notices and Hearings):

1. Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 10.118 (Development Agreements).

2. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land usedesignation of particular property(s) in compliance with Chapter 10.112 (Amendments).

3. Specific Plans and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area (Chapter 10.120 [Specific Plans]).

4. Zoning Code Text/Map Amendments. An action authorizing either a text amendment to this Zoning Code or a map amendment changing the zoning designation of particular property in compliance with the General Plan (Chapter 10.112 [Amendments]).

D. Subdivisions and Other Building Regulations. In addition to the permits listed in this Zoning Code, regulations governing the subdivision of land are established in Municipal Code Title 11 (Division of Land Ordinance). Provisions for construction and building are established in Municipal Code Title 8 (Building Regulations). (Ord. 935 § 3 (part), 2015)

The following activities and uses of land and/or structures are exempt from the land use and development permit requirements of this Zoning Code. However, the activities and uses shall comply with all other applicable provisions of this Zoning Code and may require other permits in compliance with the Municipal Code.

A. Accessory Structures. Accessory structures, as defined in Article 9 (Definitions), that are smaller than 120 square feet in size, not located within the required front setback area, and have no portion of the structure equal to or greater than eight feet in height.

• B. Activities/Uses.

1. Yard sales in residential zones and neighborhoods when operated in compliance with Municipal Code Chapter 5.50 (Yard Sales).

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

C. Decks and Paths. Decks, platforms, and on-site paths that are less than 30 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 42 inches. D. Fences in Residential Zoning Districts. Certain fences in residential zoning districts are exempt from land use permit requirements in compliance with Chapter 10.28 (Fences, Hedges, and Walls).

E. Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure or change/expand the allowed use of the structure.

F. Portable Spas, Hot Tubs, Fish Ponds. Portable spas, hot tubs, fish ponds, and similar structures that are less than 120 square feet in area (including related equipment), contain less than 2,000 gallons of water, and are less than three feet in total depth.

• G. Repairs and Maintenance. Ordinary repairs and maintenance, if:

1. 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;

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

3. All exterior repairs employ the same materials and design as the original construction.

• H. Solar Collectors. The addition of solar collection systems to the roofs of existing structures.

I. Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., electric, gas, telecommunication, or water supply or disposal systems, including cables, conduits, drains, fire-alarm boxes, hydrants, mains, pipes, police call boxes, sewers, traffic signals, wires, and similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are instead subject to Section 10.50.200 (Wireless Communications Facilities). (Ord. 935 § 3 (part), 2015)

A. Municipal Code Provisions. A land use or activity on property that complies with the permit requirement or exemption provisions of this Zoning Code shall also comply with any applicable permit requirements of the Municipal Code and/or any permit requirements of other agencies before construction or use of the property is commenced. B. Timing of Permits. All necessary permits shall be obtained before starting work or establishing a new use. (Ord. 935 § 3 (part), 2015)

A. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Chapter is the responsibility of the applicant.

B. Precedence. Each permit shall be evaluated on a case-by-case basis. Consequently, the granting of a prior permit does not create a precedent and is not justification for the granting of a new permit. (Ord. 935 § 3 (part), 2015)