§ 36.210

This Division 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 Divisions 36.220 through 36.250.

(Ord. No. 2108 § 1.)

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

A. Allowable use. 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 36.210.030 (Allowable Land Uses and Permit Requirements).

B. Permit and approval requirements. Any zoning approval or other approval required by Section 36.210.030 shall be obtained before commencing construction of the proposed use, or otherwise established or put into operation, unless the proposed use is listed in Section 36.210.040 (Exemptions from Zoning Approval Requirements).

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

D. Design guidelines. Land uses and structures shall comply with the design guidelines to the extent required by the Review Authority and/or specific provisions of the design guidelines.

E. Legal parcel. The proposed site shall be a parcel that was legally created in compliance with the Subdivision Map Act, and Article 5, Subdivisions, or earlier City subdivision regulations in effect at the time the parcel was created.

(Ord. No. 2108 § 1; Ord. No. 2183 § 1, 2009.)

A. Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Tables 2-2, 2-4, and 2-6, together with the type of zoning approval required for each use.

1. Establishment of an allowable use.

a. Any parcel or structure may be approved with one or more of the land uses identified by the tables as being allowable within the applicable zoning district, subject to all applicable requirements of this Zoning Code, and the zoning approval requirements of Subsection B. for each individual use.

b. Where a single development proposal includes multiple uses, the overall project shall be subject to the highest permit level required by Subsection B. for any of the individual uses proposed. For example, a new building proposed in the CG zoning district with retail on the ground floor, offices on the second floor, and apartments on the third floor would require Conditional Use Permit (CUP) approval because Table 2-4 allows “mixed-use residential” (residential uses as part of an otherwise non-residential project), subject to a CUP in the CG district even though “general retail” and “offices, professional and administrative” are permitted uses, requiring only a Planning Clearance.

2. 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 by Section 36.210.040 (Exemptions from Zoning Approval Requirements), and as follows.

a. Similar uses may be allowed. Using the interpretation procedures in Division 36.110, the Director may determine that a proposed use not listed in Tables 2-2, 2-4, and 2-6 is allowable if all of the following findings are made:

(1) 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 allowed in the district;

• (2) The proposed use will be consistent with the purposes of the applicable zoning district; and

• (3) The proposed use will be consistent with the General Plan and any applicable Specific Plan.

b. Applicable standards and permit requirements. When the Director 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.

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

B. Permit requirements. Tables 2-2, 2-4, and 2-6 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Planning Clearance (Section 36.410.020), and any Building Permit or other permit required by the Municipal Code. These are shown as “P” uses in the tables;

2. Allowed subject to the approval of an Administrative Use Permit (Section 36.410.060) and shown as “AUP” uses in the tables; and

3. Allowed subject to the approval of a Conditional Use Permit (Section 36.410.060), and shown as “CUP” uses in the tables.

4. A project may require design review by the Director, the Planning Commission Chair, the Planning Commission (for a Hillside Permit) and/or the Cultural Heritage Commission (if required to obtain a Certificate of Appropriateness), in addition to the permit requirements above. See Section 36.410.040 (Design Review).

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

The zoning approval requirements of this Zoning Code, other than those of the Cultural Heritage Commission, do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zoning districts 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 zoning approval requirements of this Zoning Code only when:

1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this Article and Article 3 (Site Planning and General Development Standards);

2. The use, activity or structure is not subject to design review (Section 36.410.040), or by the Planning Commission for a Hillside Development Permit (Section 36.410.065); and

B. Exempt activities and uses. The following are exempt from zoning approval requirements when in compliance with Subsection A. above, provided that any permit or approval required by regulations other than this Zoning Code is obtained (for example, a Building Permit).

1. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit by the Municipal Code.

2. Fences and walls. See Section 36.300.050 (Walls, Fences and Hedges).

3. Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the permitted use of the structure.

4. Portable spas, hot tubs, and fish ponds. Portable spas, hot tubs, fish ponds, and similar structures and equipment, 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. These facilities shall comply with the setback requirements established by this Article for the applicable zoning district, or 36.350.170 (Residential Uses—Accessory Residential Structures), where applicable.

5. 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 land use and/or structure; and

b. Any exterior repairs employ the same materials and design as the feature being repaired or replaced.

6. Small, portable residential accessory structures. Within residential zoning districts, a single portable structure, up to 120 square feet, per lot or dwelling unit, including pre-manufactured storage sheds and other small structures that are exempt from Building Permit requirements in compliance with the Municipal Code and the Uniform Building Code.

7. Solar collectors. The addition of solar collection systems to the roofs or sides of existing structures, provided that the collectors comply with applicable height limit requirements.

8. 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. These include: water, gas, electric, or telecommunications (telephone, cable TV, etc.) 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. Satellite and wireless communications antennas are subject to Section 36.350.210 (Telecommunications Facilities).

(Ord. No. 2108 § 1; Ord. No. 2183 § 2, 2009; Ord. No. 2394 § 4 (Exh. A), 2025.)

Division 36.220. Residential Zoning Districts

Sections:

36.220.010 Purpose of Division. 36.220.020 Purposes of Residential Zoning Districts. 36.220.030 Residential Zoning District Land Uses and Permit Requirements. 36.220.040 Residential Zoning District General Development Standards.

36.220.050 Development of Small Nonconforming Residential Parcels.