Pismo Beach Municipal Code Ch. 17.03 Land Use Permit Requirements

This chapter describes the general requirements of this Zoning Code for the approval of proposed development and new land uses by the city. Land use permit requirements for specific land uses are instead established by Articles II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and III (Site Planning and General Development Standards).

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements.

A. Allowable Use. The land use shall be identified by Chapters 17.08 (Residential Zoning Districts), 17.12 (Commercial Districts), or 17.16 (Special Purpose Districts) as being allowable in the zoning district applied to the site. The director may determine whether a particular land use is allowable, in compliance with Section 17.02.020(D) (Rules of Interpretation--Allowable Uses of Land).

B. Land Use and Coastal Development Permit Requirements.

1. Land Use Permit. Any land use permit or other approval required by this Zoning Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.03.030 (Exemptions from Land Use Permit Requirements). The land use permit requirements of this Zoning Code are established by Chapters 17.08 (Residential Zoning Districts), 17.12 (Commercial Districts), or 17.16 (Special Purpose Districts).

2. Coastal Development Permit. Approval of a land use permit in compliance with this Zoning Code shall also constitute approval of a coastal development permit in compliance with the certified Pismo Beach local coastal program and the California Coastal Act.

C. Development Standards. The use and/or structures shall comply with all other applicable requirements of this Zoning Code, including the development standards of Article II (Zoning Districts, Allowable Land Uses, and Zone Specific Standards), and the provisions of Article III (Site Planning and General Development Standards).

D. Conditions of Approval. The use and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit.

E. Legal Parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Title 16 (Subdivisions) of the Municipal Code, as applicable at the time the parcel was created.

F. Development Agreements. The use and/or structures shall comply with all applicable development agreement approved by the city in compliance with Chapter 17.48 (Development Agreements).

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

A. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this Zoning Code when in compliance with subsection (B) below, provided that a zoning clearance (Section 17.42.020) is required whenever a building permit is required for any of these activities or uses.

1. City Government Activities. Activities, uses of land and/or structures established and/or constructed by the city of Pismo Beach, except where a coastal development permit is required.

2. Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are:

a. Not required to have a building permit by Title 15 (Buildings and Construction) of the Municipal Code, or a grading permit by Title 18 (Grading and Erosion Control Ordinance) of the Municipal Code;

b. Not over thirty inches above natural grade and not over any basement or story below; and

c. Unenclosed except for a safety railing with a maximum height of forty-two inches.

3. Fences--Residential Zoning Districts. Fences in the residential zoning districts are exempt from land use permit requirements as provided by Section 17.24.060 (Fences, Walls, and Hedges).

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

5. Portable Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, and similar structures, that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth, and are outside required setbacks, including blufftop setbacks specified in the local coastal program. These facilities shall require zoning clearance (Section 17.42.020), and shall comply with the side and rear setback requirements established by Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, or Section 17.38.150 (Residential Accessory Uses and Structures), where applicable.

6. Repairs and Maintenance. Ordinary repairs and maintenance, if:

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

b. Any exterior repairs employ the same materials and design as the original construction; and

c. The structure is not a public or private stairway providing beach access. These structures are instead subject to the requirements of Chapter 17.32 (Ocean Fronting Development).

7. Small Residential Accessory Structures (Portable). A single portable structure per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that:

a. Are exempt from building permit requirements in compliance with Title 18 of the Municipal Code and the Uniform Building Code;

b. Are less than eighty square feet in gross floor area, with no wall exceeding ten feet in length, or eight feet in height; and

c. Are outside required setbacks, including blufftop setbacks specified in Chapter 17.32 (Ocean Fronting Development).

These facilities shall require zoning clearance (Section 17.42.020).

8. Solar Collectors. The addition of one solar collection panel to the roof of an existing structure, provided that the collector is mounted flat on the roof surface and does not exceed twenty-four square feet in area.

9. 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 (i.e., 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 similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are subject to Section 17.38.040 (Antennas, Wireless Communications Facilities).

10. Walls, Retaining Walls. Concrete and masonry walls less than thirty inches in height located in compliance with subsection (B)(2) above, and retaining walls (retaining earth only) that result in grade changes of thirty inches or less and are not required by Title 18 (Grading and Erosion Control Ordinance) to have a grading permit.

B. General Requirements for Exemption. The activities, uses of land and/or structures identified by Subsection A, above are exempt from the land use permit requirements of this Zoning Code only when:

1. The activity or use is established and operated in compliance with all applicable development standards of Articles II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and III (Site Planning and General Development Standards);

2. Any permit or approval required by regulations other than this Zoning Code is obtained in compliance with Section 17.03.050 (Additional Permits and Approvals May Be Required); and

3. The activity or use is exempt from coastal development permit requirements in compliance with Coastal Act Section 30610, and California Code of Regulations Sections 13250 et seq.

Requirements for establishing a temporary use and/or activity (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, and similar uses and activities) are in Section 17.42.040 (Temporary Use Permits).

A land use that complies with the permit requirement or exemption provisions of this Zoning Code may still be subject to the permit requirements of other Municipal Code provisions, or other agencies, before the use is constructed, or otherwise established and put into operation. Nothing in this Zoning Code shall eliminate the need to obtain any permits or approvals required by:

A. Any other Municipal Code provisions, including: building or other construction permits if they are required by Title 15; a business license if required by Title 5; subdivision approval if required by Title 16 (Subdivisions); or a grading permit if required by Title 18 (Grading and Erosion Control Ordinance); or

B. Any applicable County, or any regional, State or Federal agency regulations.

All necessary permits shall be obtained before starting work or establishing a new use. The applicant shall be responsible for determining whether any additional permits are necessary.