Chapter 82.02 — ALLOWED LAND USES AND DEVELOPMENT

This Chapter describes the County’s requirements for the approval of proposed development and new land uses. The planning permit requirements established by this Development Code for specific types of development are in Chapters 82.03 through 82.23.

(Ord. 4011, passed - -2007)

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

(a) Allowed Use . The land use shall be allowed by this Development Code in the land use zoning district applied to the site. The basis for determining whether a use is allowed is described in § 82.02.030 (Allowed Land Uses and Planning Permit Requirements).

(b) Permit and Approval Requirements. Any planning permit or other approval required by § 82.02.030 (Allowed Land Uses and Planning 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 § 82.02.040 (Exemptions from Planning Permit Requirements).

(c) Development Standards, Conditions of Approval. Each land use and structure shall comply with the development standards of this Division, applicable standards and requirements in Division 3 (Countywide Development Standards), and Division 4 (Standards for Specific Land Uses and Activities), and any applicable conditions imposed by a previously 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 and Division 7 (Subdivisions).

(Ord. 4011, passed - -2007)

(a) Allowed Land Uses. The uses of land allowed by this Development Code in each land use zoning district are listed in Chapters 82.03 through 82.22, together with the type of planning permit required for each use. Each listed land use is defined in Division 10 (Definitions).

• (1) Establishment of an Allowed Use.

(A) Any one or more land uses identified by the land use tables in Chapters 82.03 through 82.22 as being allowed within a specific land use zoning district may be established on any parcel within that land use zoning district, subject to the planning permit requirements of Subdivision (c), and compliance with all applicable requirements of this Development Code.

(B) Where a single parcel is proposed for development with two or more allowed land uses, the overall project shall be subject to the highest permit level required by Subdivision (c) for any individual use.

(2) Use Not Listed.

(A) A use not listed in any land use table in Chapters 82.03 through 82.22, and determined by the Director to not be included in Division 10 (Definitions) under the definition of a listed land use, is not allowed except as otherwise provided in § 82.02.040 (Exemptions from Planning Permit Requirements).

(B) A use that is not listed in a land use table within a particular land use zoning district is not allowed within that district, except as otherwise provided § 82.02.040.

• (3) Similar and Compatible Use May Be Allowed. The Director may determine that a proposed land use not listed in any land use table or Division 10 (Definitions) is allowed as follows:

• (A) Required Findings. The Director 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 with the determination:

• (I) 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 district;

• (II) The use will be consistent with the purposes of the applicable land use zoning district;

• (III) The use will be consistent with the General Plan, and any applicable specific plan;

• (IV) The use will be compatible with the other uses allowed in the land use zoning district; and

• (V) The use is not listed as allowed in another land use zoning district.

• (B) Findings in Writing. A determination that a use qualifies as a similar and compatible use, and the findings supporting the determination, shall be in writing.

(C) Applicable Standards and Permit Requirements. When the Director determines that a proposed, but unlisted, use is similar and compatible 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 Development Code apply.

• (D) Referral for Determination. The Director 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.

(E) Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 86.08 (Appeals).

(b) Permit Requirements. Chapters 82.03 through 82.22 provide tables showing allowed land use types that are:

(1) “A” Uses. Allowed without any land use review but may be subject to Building Permits. These uses are shown as “A” uses in the tables;

(2) “P” Uses. Allowed subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Site Plan Permits (Chapter 85.08). These are shown as “P” uses in the tables;

(3) “M/C” Uses. Allowed subject to the approval of a Minor Use Permit issued in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), unless the use does not qualify for a Minor Use Permit in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit) in which case the use shall require a Conditional Use Permit. These uses are shown as “M/C” uses in the tables;

(4) “CUP” Uses. Allowed subject to approval of a Conditional Use Permit (Chapter 85.06), and shown as “CUP” uses in the tables.

(5) “MUP” Uses. Allowed subject to approval of a Minor Use Permit (Chapter 85.06), and shown as “MUP” uses in the tables.

(6) “PD” Uses. Allowed subject to the approval of a Planned Development Permit (Chapter 85.10), and shown as “PD” uses in the tables;

(7) “SUP” Uses. Allowed subject to the approval of a Special Use Permits (Chapter 85.14), and shown as “SUP” uses in the tables;

(8) “S” Uses. Allowed subject to the type of County approval required by a specific provision of Division 4 (Standards for Specific Land Uses and Activities), and shown as “S” uses in the tables;

(9) “TSP” Uses. Allowed subject to the provisions in Chapter 85.16 (Temporary Special Events Permits), and shown as “TSP” in the tables;

(10) “TUP” Uses. Allowed subject to the provisions in Chapter 84.25 (Temporary Structures and Uses) and approval of a Temporary Use Permit (Chapter 85.15), and shown as “TUP” uses in the tables; and

(11) “—“ Uses. Not allowed in particular land use zoning districts, and shown as “—“ in the tables.

(c) Additional Permit Requirements. A land use authorized through the approval of a Site Plan Permit, Minor Use Permit, Conditional Use Permit, Planned Development Permit, or other permit required by this Division may also require a Building Permit and/or other permit required by the County Code.

(Ord. 4011, passed - -2007)

The planning permit requirements of this Development Code do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all land use zoning districts subject to compliance with this Section.

(a) General Requirements for Exemption . The land uses, structures, and activities identified by Subdivision (b) below are exempt from the planning permit requirements of this Development 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 Division (Land Use Zoning Districts and Allowed Land Uses), and Division 3 (Countywide Development Standards), Division 4 (Standards for Specific Land Uses and Activities) and, where applicable, Chapter 84.17 (Nonconforming Uses and Structures); and

(2) Any permit or approval required by regulations other than this Development Code is obtained (for example, a Building Permit).

(b) Exempt Activities and Land Uses . The following are exempt from the planning permit requirements of this Development Code when in compliance with Subdivision (a) above.

(1) Decks, Paths and Driveways . Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit.

(2) Fences and Walls . See Chapter 83.06 (Fences, Hedges, and Walls).

(3) Interior Remodeling . Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

(4) Repairs and Maintenance.

(A) Single-Family Dwellings . Ordinary repairs to, and maintenance of, single-family dwellings or any related accessory structures.

(B) Multi-Family, and Non-Residential Structures . Ordinary repairs to, and maintenance of multi-family residential and nonresidential structures, if:

(I) 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

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

(5) Small, Portable Residential Accessory Structures . A single portable structure per lot 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 County Code and the California Building Code. Additional structures may be approved in compliance with § 84.01.050 (Residential Accessory Structures and Uses), where allowed by the applicable zone.

(6) Solar Collectors, Accessory to Residential Uses of 19 Units or Fewer . The addition of solar collectors to the roof or side of a building, provided that the collectors comply with applicable height limit requirements; and ground-mounted solar collectors that comply with the setback requirements and height limitations of the applicable zone and are not visible from off the site.

(7) 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.

(8) 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. Commercial satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 84.27 (Wireless Telecommunications Facilities).

(9) Noncommercial Receive-Only Antennas . The following noncommercial, receive only antennas for the sole use of a resident occupying a residential structure shall not be regulated by this Development Code:

(A) A ground or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and

(B) Roof-mounted radio or television aerials not exceeding 75 feet in overall height.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4245, passed - -2014)

Special Developments shall be allowed in any land use zoning district with the approval of a Planned Development Permit in compliance with Chapter 85.10 (Planned Development Permits). (Ord. 4011, passed - -2007)

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Chapter 84.25 (Temporary Structures and Uses). (Ord. 4011, passed - -2007)