Chapter 17.21 — Development and Land Use Approval Requirements

This Chapter describes the City's requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Code for specific land uses are in Chapters 17.22 through 17.26.

All land uses and structures shall be established, constructed, reconstructed, altered, or replaced in compliance with the following requirements.

A.

Allowable land uses. The land use shall be allowed by this Zoning Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 17.21.030 (Allowable Land Uses and Permit Requirements).

B.

Permit and approval requirements. Any land use permit or other approval required by Section 17.21.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation.

C.

Development standards, conditions of approval. Land uses and structures shall comply with the development standards of this Chapter, the provisions of Article 3 (Site Planning and General Development Standards), and any applicable conditions imposed by a previously granted land use permit.

D.

Legal parcel. The proposed site shall be a parcel that was legally created in compliance with the Subdivision Map Act and the City's Subdivision Ordinance.

A.

Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Tables 2-2, 2-5, 2-7, 3-1, 3-3, 3-5, 3-6, 3-13, 3-14, 3-16, and 3-18, or in Article 3 (Specific Plans), together with the type of land use permit required for each use.

Uses not listed. Land uses that are not listed in tables or are not shown in a particular zoning district are not allowed, except as otherwise provided in Subsection A.2.

Similar uses may be allowed. The Zoning Administrator may determine that a proposed use not listed in this Article is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with the proposed use are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the district;

b.

The proposed use will be consistent with the purposes of the applicable zoning district; and

c.

The proposed use will be consistent with the General Plan and any applicable specific plan.

Applicable standards and permit requirements. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent 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 Zoning Code apply.

Commission determination. The Zoning Administrator may forward questions about equivalent uses directly to the Commission for a determination at a public meeting.

B.

Permit requirements. Tables 2-2, 2-5, 2-7, 3-1, 3-3, 3-5, 3-6, 3-13, 3-14, 3-16, and 3-18 provide for land uses that are:

Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Code Compliance Certificate (Section 17.61.020). These are shown as "P" uses in the tables;

Allowed subject to the approval of a Minor Conditional Use Permit (Section 17.61.050) and shown as "MC" uses in the tables;

Allowed subject to the approval of a Conditional Use Permit (Section 17.61.050) and shown as "C" uses in the tables;

Allowed subject to the approval of an Expressive Use Permit (Section 17.61.060) and shown as "E" uses in the tables; and

Allowed subject to the approval of a Temporary Use Permit (Section 17.61.040) and shown as "TC" uses in the tables.

Note: Any land use authorized through land use permit approval may also require Design Review (Section 17.61.030), a Building Permit, or other permit required by the Municipal Code.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7242 § 3, 2014)