Chapter I — Development and Land Use Approval Requirements

Contents: D2-1 - Purpose D2-2 - General Requirements for Development and New Land Uses D2-3 - Allowable Land Uses and Permit Requirements D2-4 - Exemptions from Land Use Permit Requirements D2-5 - Temporary Uses

This Chapter describes the City’s general requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Ordinance for specific land uses are in Chapters D2-III through D2-V.

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements. A. Allowable use. The land use shall be allowed by this Zoning Ordinance in the zone applied to the site. The basis for determining whether a use is allowable is described in Section D2-3 (Allowable Land Uses and Permit Requirements). B. Permit and approval requirements. Any land use permit or other approval required by Section D2-3 (Allowable Land Uses and Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section D2-4 (Exemptions from Land Use Permit Requirements). C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Chapter, the provisions of Division D3 (Site Planning and Project Design Standards), and any applicable conditions imposed by a previously granted land use 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 and the City’s Subdivision Ordinance.

A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in Chapters D2-II, D2-III, D2-IV, and D2-V (Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15, respectively), together with the type of land use permit required for each use. Each land use listed in Tables 2-1, 2- 6, 2-8, 2-11, 2-12, 2-14, and 2-15 is defined in Division D8 (Glossary). 1. Establishment of an allowable use.

City of San Ramon, CA | Municipal Code 584

Any one or more land uses identified by Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15 as being allowable within a specific zone may be established on any parcel within that zone, subject to the land use permit requirements of Subsection B, and compliance with all applicable requirements of this Zoning Ordinance. Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B. for any individual use. For example, a new building proposed in the OA zone with a bank on the ground floor and professional offices on the second floor would require Minor Use Permit (MUP) approval because Table 2-8 requires Minor Use Permit approval for "banks and financial services," even though an "Office - Professional" is listed in the OA zone as a permitted use, requiring only a Zoning Clearance. 2. Use not listed. A land use that is not listed in Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15, and is determined by the Zoning Administrator to not be included in Division D8 (Glossary) under the definition of a listed land use, is not allowed within the City, except as otherwise provided in Subsection A.3, or Section D2-4 (Exemptions from Land Use Permit Requirements). 3. Similar and compatible use may be allowed. The Zoning Administrator may determine that a proposed use not listed in this Division is allowable as follows: a. Required findings. The Zoning Administrator may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings: 1. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone; 2. The use will be consistent with the purposes of the applicable zone; 3. The use will be consistent with the General Plan and any applicable Specific Plan; 4. The use will be compatible with the other uses allowed in the zone; and 5. The use is not listed as allowable in another zone. A determination that a use qualifies as a “similar use” and the findings supporting the determination shall be in writing. b. Applicable standards and permit requirements. When the Zoning Administrator determines that a proposed, but unlisted, use is similar 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 Ordinance apply. c. Referral for determination. The Zoning Administrator may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting. d. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review). B. By-right approval. Owner occupied and rental multi-family residential developments that have 20 percent of the units reserved for lower-income households shall be allowed by-right pursuant to California Government Code Section 65583.2. The phrase “by-right” shall mean that the City's review of owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, implementing the Subdivision Map Act.

City of San Ramon, CA | Municipal Code 585

C. Permit requirements. Tables 2-1, 2-6, 2-8, 2-11, 2-12, 2-14, and 2-15 within Chapters D2-III, D2-IV, and D2-V provide for land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Zoning Ordinance. As determined by the Zoning Administrator, a Zoning Clearance may be required prior to operation, (Section D6-30). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a Minor Use Permit (Section D6-28), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a Use Permit (Section D6-28), and shown as "UP" uses in the tables; 4. Allowed subject to the type of City approval required by a specific provision of Chapter D4-III (Standards for Specific Land Uses), and shown as "S" uses in the tables; and 5. Allowed subject to compliance with all applicable provisions of this Zoning Ordinance, subject first obtaining a Zoning Clearance (Section D6-30). These are shown as “ZC” uses in the tables; 6. Not allowed in particular zones, and shown as "—" in the tables. Note: A land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Use Permit may also require Architectural Review (Section D6-22), Preliminary Plan Review (Section D6- 26), a Building Permit, or other permit required by the Municipal Code. A By-right land use may also require Architectural Review (Section D6-22) in accordance with subdivision (f) of California Government Code Section 65589.5. (Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

The planning permit requirements of this Zoning Ordinance do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zones subject to compliance with this Section. A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B below are exempt from the land use permit requirements of this Zoning Ordinance only when: 1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Division (Allowable Land Uses and Zone Standards), Division D3 (Site Planning and Project Design Standards), and, where applicable, Chapter D7-I (Nonconforming Uses, Structures, and Parcels); and 2. Any permit or approval required by regulations other than this Zoning Ordinance is obtained (for example, a Building Permit). B. Exempt activities and land uses. The following are exempt from the land use permit requirements of this Zoning Ordinance when in compliance with Subsection A above. 1. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit, Grading Permit, or Encroachment Permit. 2. Fences and walls. See Section D3-4 (Fences, Walls, and Screening). 3. Interior remodeling. Interior alterations that do not: (a) increase the gross floor area of the structure; (b) increase the number of dwelling units; (c) increase the number of bedrooms to the extent that additional parking would be required; or (d) change the permitted use of the structure. 4. Repairs and maintenance. City of San Ramon, CA | Municipal Code 586

a. Single-family dwellings. Ordinary repairs to, and maintenance of, single-family dwellings, that are also exempt from Architectural Review (Section D6-22). b. Multi-family, and non-residential structures. Ordinary repairs to, and maintenance of, multi-family residential and non residential structures, if: 1. The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; 2. Any exterior repairs employ the same materials and design as the original construction; and 3. The work is exempt from Architectural Review (Section D6-22). 5. Small, portable residential accessory structures. A single portable structure per lot or unit, limited to pre-manufactured storage sheds and similar small structures in residential zones that are exempt from Building Permit requirements in compliance with the Municipal Code and the Uniform Building Code. Additional structures may be approved in compliance with Section D4-26 (Accessory Structures), where allowed by the applicable zone. 6. Solar Energy System. The installation of a solar energy system to the roof or side of a building, provided that the system complies with applicable height limit requirements; and ground-mounted systems comply with the setback requirements and height limitations of the applicable zone and accessory structure requirements and are not visible from off the site to the maximum extent feasible. 7. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zone. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. See Section D3-12 for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter D4-IV (Wireless Telecommunications Facilities).

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section D6-27 (Temporary Use Permits).