San Jacinto Municipal Code § 17.205.070 Land Uses, Incidental Land Uses, Special Uses, and Permit Requirements

This chapter identifies requirements for the approval of proposed development and new land uses. The permit requirements for specific land uses are located in Chapter 17.215 (Residential Zones), Chapter 17.220 (Commercial and Offices Zones), Chapter 17.225 (Industrial Zones), Chapter 17.227 (Mixed-Use Zones), Chapter 17.230 (Special Purpose Zones) and Chapter 17.235 (Combining/Overlay Zones).

(Ord. 24-13, 10/1/2024)

No land use or structure shall be altered, constructed, established, moved, reconstructed, maintained, or replaced unless in compliance with the requirements in this section.

A. Allowable use. A land use shall be allowable in the zone applied to the site. The basis for determining whether a use is allowable is described in Section 17.205.030 (Allowable Land Uses and Permit Requirements).

B. Permit and approval requirements. A planning permit or other approval or authorization required by Section 17.205.030 (Allowable Land Uses and Permit Requirements) and Chapter 17.325 (Water Efficient Landscape and Irrigation) shall be obtained before the issuance of a required building permit, grading permit, or other construction related permit; other permits identified in the Municipal Code; and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.205.040 (Exemptions from Permit Requirements).

C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards); applicable standards and requirements in Article 3 (Site Planning and Development Standards), Article 4 (Standards for Specific Land Uses), and Article 5 (Resource Management); and any applicable conditions imposed by a previously approved or granted planning permit.

D. Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act (Government Code Sections 66410 et seq.) and Municipal Code Title 16 (Subdivisions).

(Ord. 24-13, 10/1/2024)

A. Allowable land uses. The uses of land allowed in each zone are indicated Table 2-2 (Allowed Uses and Permit Requirements), including the type of planning permit, approval, or authorization required for each use. Each land use is defined in Article 8 (Definitions).

1. Establishment of an allowable use. Any one or more land uses identified in the table as being allowable within a specific zone may be established on any parcel within that zone. The land uses shall be subject to the planning permit requirements indicated in the tables as described in Subsection B, below, and shall comply with all applicable requirements of this Development Code.

2. Use not listed. A land use that is not listed in Table 2-2 and is determined by the Director to not be included in Article 8 (Definitions) under the definition of a listed land use, is not allowed within the applicable zone, except as otherwise provided in Section 17.105.020H (Rules of Interpretation – Unlisted uses of land) or Section 17.205.040 (Exemptions from Permit Requirements).

B. Permit requirements. Tables 2-2 and 2-3 provide for land uses that are:

1. Permitted subject to first obtaining a zoning clearance [See Chapter 17.655 (Zoning Clearances)] and compliance with all applicable provisions of this Development Code. These are shown as "P" uses in the tables.

2. Allowed subject to the approval of a minor use permit [See Chapter 17.605 (Conditional Use Permits and Minor Use Permits)], and shown as "MUP" uses in the tables.

3. Allowed subject to the approval of a conditional use permit [See Chapter 17.605 (Conditional Use Permits and Minor Use Permits)], and shown as "CUP" uses in the tables.

4. Expressly not allowed in particular zones, and shown as "—" in the tables.

(Ord. 24-13, 10/1/2024)

The planning permit requirements of this Development Code do not apply to the land uses, structures, and activities identified in this section. These are allowed in all zones subject to compliance with this section and Chapter 17.325 (Water Efficient Landscape and Irrigation). However, building, grading, encroachment, or other construction permits may still be required in compliance with the Municipal Code.

A. General requirements for exemption. The land uses, structures, and activities identified in Subsection B, below, are exempt from the planning permit requirements of this Development Code except for the requirements of Chapter 17.325 (Water Efficient Landscape and Irrigation) only when:

1. The use, activity, or structure is established and operated in compliance with all applicable standards of this Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), and Article 3 (Site Planning and Development Standards), Article 4 (Standards for Specific Land Uses), Article 5 (Resource Management), and, where applicable, Chapter 17.705 (Nonconforming Parcels, Structures, and Uses); and

2. Any permit or approval required by regulations other than this Development Code is obtained (for example, a building permit) in compliance with Section 17.205.050 (Additional Permits and Approvals).

B. Exempt activities and land uses. The following are exempt from the planning permit requirements of this Development Code except for the requirement of Chapter 17.325 (Water Efficient Landscape and Irrigation) when established and conducted in compliance with Subsection A, above.

1. Governmental facilities. Facilities of state government, federal government, or local government (e.g., water district, sanitation district) on land owned or leased by that governmental agency, for governmental operations, to the extent that the facilities are exempted by state or federal law and in compliance with Section 17.100.060 (Applicability of Development Code).

2. Decks, platforms, and walkways. Decks, platforms, and walkways that are not required to have a building permit or grading permit. Walkways shall be in compliance with Section 17.215.035 (Paving Within Residential Front Yard Area).

3. Fences and walls. See Chapter 17.315 (Fences, Walls, and Hedges).

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

5. Repairs and maintenance.

a. Single-family dwellings. Ordinary repairs to, and maintenance of, single-family dwellings, if any exterior repairs employ the same materials and design as the original construction.

b. Multi-family residential structures and nonresidential structures. Ordinary repairs to, and maintenance of multi-family residential structures and nonresidential structures, if:

i. The work does not change the permitted land use of the site or structure, or add to, enlarge, or expand the land use or structure; and

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

6. Small, portable residential accessory structures. A single portable structure per parcel or unit, including pre-manufactured storage sheds or other small structures, in residential zones that are exempt from building permit requirements in compliance with the Municipal Code and the Building Code. Additional structures may be approved in compliance with Chapter 17.405 (Accessory Structures and Uses), where allowed by the applicable zone.

7. Solar energy systems. The addition or replacement of solar energy systems to the roof or side of a structure; provided that the systems comply with California Building Code and the provisions in Section 17.430.325 (Solar Energy Systems).

8. Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth.

9. Utilities. The alteration, construction, erection, or maintenance by a public utility or agency of utility infrastructure, subject to the provisions of Government Code Section 53090 et seq., (Regulation of Local Agencies by Counties and Cities), any local utility shall be allowed in any zone. See definition of "utility infrastructure" in Section 17.800.220 (Definitions, "U"). See Section 17.305.160 (Undergrounding of Utilities) for utility undergrounding requirements.

10. Satellite/dish and amateur radio antennae. Satellite/dish and amateur radio antennae are exempt if in compliance with Section 17.430.290 (Satellite/Dish and Amateur Radio Antennae).

(Ord. 24-13, 10/1/2024)

A land use authorized through the approval of a zoning clearance, minor use permit, or conditional use permit may also require a building permit or other permit or approval required by the Municipal Code. Nothing contained in this Development Code, or any entitlement granted in compliance with this Development Code, shall serve to invalidate those other requirements.

(Ord. 24-13, 10/1/2024)

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are located in Chapter 17.640 (Temporary Use and Special Event Permits)

(Ord. 24-13, 10/1/2024)

A. Allowed land uses. Table 2-2 (Allowed Uses and Permit Requirements) indicates the uses allowed within each zone and the planning permit required to establish each use, in compliance with Article 6 (Permit Procedures).

B. Allowed incidental land uses. Table 2-3 (Allowed Incidental Uses and Permit Requirements) indicates the uses allowed incidental to a permitted, or conditionally permitted, land use that is legally established on the same parcel or development, and the planning permit required to establish each use, in compliance with Article 6 (Permit Procedures). Incidental land uses cannot be established as a stand-alone use.

C. Prohibited land uses. Any table cell with a "—" means that the listed land use is expressly prohibited in that specific zone.

D. Land uses not listed. For land uses not listed in Table 2-2 (Allowed Uses and Permit Requirements) or Table 2-3 (Allowed Incidental Uses and Permit Requirements), the provisions of Chapter 17.105 (Interpretation of Regulations) shall apply.

E. Applicable regulations. Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

F. Special or unusual sses. At the discretion of the Director, or his/her designee, a conditional use permit may be considered for a unique or unusual combination of uses or special facilities similar to and not more detrimental than other uses in a particular zone.

Allowed Uses and Permit Requirements

(Ord. 24-13, 10/1/2024)