Chapter 20.205 — GENERAL PERMIT REQUIREMENTS

This Article provides regulatory standards governing land use type and building form within all zones. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties and produces an environment of desirable character that is consistent with the General Plan.

(Ord. 1017, 2013)

The requirements of this Article shall apply to all proposed development in all zones and shall be considered in combination with the standards for the applicable zone in Article 3 (General to All Zones) and those in Article 4 (Standards for Specific Land Uses). If there is a conflict between any standards, the provisions of this Article 2 (Zone Specific Standards) shall control over those in Article 3 and Article 4. The provisions of Article 4 shall control over the provisions of this Article 2 and Article 3 . (Ord. 1017, 2013)

Land uses or structures shall only be altered, constructed, established, moved, reconstructed, maintained, or replaced in compliance with the requirements in this Article.

• A. Permit and approval requirements. A planning permit or other approval or authorization required by this Article 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 20.205.050 (Exemptions from Permit Requirements).

• B. Development standards, conditions of approval. Each land use and structure shall comply with the development standards in Article 2 ; applicable standards and requirements in Article 3 (General to All Zones) and Article 4 (Standards for Specific Land Uses); and any applicable conditions imposed by a previously approved planning permit.

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

• (Ord. 1017, 2013)

• A. Allowable land uses. Tables 2-2, 2-5, 2-7, 2-9, and 2-11 in Chapters 20.210 through 20.230 indicate the uses of land allowed in each zone and the type of planning permit, approval, or authorization required for each use. Each land use is defined in Article 7 (Definitions).

  1. Establishment of an allowable use.

     • a. Any one or more land uses identified in the tables as being allowable within a specific zone may be established on any lot within that zone. The land uses shall be subject to the planning permit requirements indicated in the tables as described in subsection B , and shall comply with all applicable requirements of this Zoning Code.

     • b. Where a single lot is proposed for development with two or more allowable land uses at the same time, the overall project shall be subject to the highest permit level required for an individual use. For example, a restaurant serving alcohol that is proposed in the CG (Commercial General) zone

would require approval of a Conditional Use Permit because Table 2-5 requires Conditional Use Permit approval for on-site alcohol sales, even though a restaurant is listed as a permitted use in the CG zone, requiring only a Zoning Clearance. If a restaurant that does not serve alcohol is first established under a Zoning Clearance and then subsequently proposes to start serving alcohol, the restaurant then shall apply for approval of a Conditional Use Permit to serve alcohol.

2. Use not listed.

   • a. A land use that is not listed in Table 2-2, 2-5, 2-7, 2-9, or 2-11 is not allowed within the City, except as otherwise provided in Subsection 20.105.020.G (Rules of Interpretation - Unlisted uses of land) or Section 20.205.050 (Exemptions from Permit Requirements).

   • b. A land use that is not listed in the tables within a particular zone, is not allowed within that zone except as otherwise provided in Subsection 20.105.020.G (Rules of Interpretation - Unlisted uses of land) or Section 20.205.050 (Exemptions from Permit Requirements).

   • c. In no event shall a use specifically identified as a prohibited use in this Zoning Code or the Municipal Code be allowed anywhere in the City (e.g., medical marijuana dispensaries (Municipal Code Chapter 9.38 ); gambling establishments (Municipal Code Chapter 9.32 ), etc.).

• B. Permit requirements. All tables use the following symbols to indicate the permit requirements:

  1. "P" means that the use is Permitted, subject to first obtaining a Zoning Clearance (Chapter 20.560 ) and compliance with the standards that apply to all permitted uses. The Director approves the use.

  2. "MUP" means that the use is Permitted Subject to Minor Conditions, subject to approval of a Minor Use Permit (Chapter 20.550 ). The Director approves the use and attaches the conditions to the use.

  3. "CUP" means the use is allowed as a Conditional Use, subject to approval of a Conditional Use Permit (Chapter 20.550 ). The Commission approves the use and attaches the conditions to the use.

4. "TUP" means the use is allowed as a Temporary Use subject to the approval of a Temporary Use Permit (Chapter 20.540 ), and shown as "TUP" uses in the tables.

   5. "—" means that the use is Prohibited in the specified zone.

• C. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan and Design Review approval in compliance with Chapter 20.530 (Site Plan and Design Review). Residential room additions or expansions, or construction of accessory dwelling units are excluded from this requirement.

• D. 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 Zoning Code may also apply.

• (Ord. 1017, 2013; Ord. 1071 § 3, 2017)

• A. General requirements for exemption. The land uses, structures, and activities identified in subsection B , are exempt from the planning permit 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 2 , Article 3 (General to All Zones), Article 4 (Standards for Specific Land Uses), and, where applicable, Chapter 20.620 (Nonconformities); and

  2. Any permit or approval required by regulations other than this Zoning Code is obtained (for example, building, grading, encroachment, or other construction permits) in compliance with Section 20.205.060 (Additional Permits and Approvals).

• B. Exempt activities and land uses. The following are exempt from the planning permit requirements of this Zoning Code when established and conducted in compliance with subsection A .

  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 20.100.060 (Applicability of Zoning Code).

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

3. 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:

     • (1) 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

     • (2) Any exterior repairs employ the same materials and design as the original construction.

4. Small, portable residential accessory structures. A single portable structure per lot or unit, including premanufactured storage sheds or other small structures, in residential zones that are exempt from building permit requirements in compliance with the Municipal Code and the California Building Code. Additional structures may be approved in compliance with Chapter 20.410 (Accessory Structures and Uses), where allowed by the applicable zone.

5. 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 the requirements of the California Building Code, Orange County Fire Authority Guidelines, and Chapter 20.410 (Accessory Structures and Uses).

6. 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. These shall be located in compliance with Chapter 20.410 (Accessory Structures and Uses).

   7. Utilities and utility infrastructure. The alteration, construction, erection, or maintenance by a public utility or public agency of infrastructure for utilities intended to service existing or nearby approved developments shall be allowed in any zone. See definition of "Utility Infrastructure" in Article 7. See Section 20.305.110 (Undergrounding of Utilities) for utility undergrounding requirements.

   8. Satellite/dish antennas are exempt if in compliance with Section 20.400.320 (Satellite Dish Antenna) and amateur radio antennas are exempt if in compliance with Chapter 20.450 (Wireless Communication Facilities).

• (Ord. 1017, 2013)

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 Zoning Code, or any entitlement granted in compliance with this Zoning Code, shall serve to invalidate those other requirements.

(Ord. 1017, 2013)