Chapter 9.06 — LAND USE STANDARDS AND PERMIT REQUIREMENTS

This chapter describes the town's requirements for the approval of proposed development and new land uses. The planning permit procedures established by this development code for specific types of development are in chapters 9.63 through 9.77 of this title. (Ord. 253, 12-16-2014)

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

A. Permitted Use: The land use shall be allowed by this development code in the zoning district applied to the site. The basis for determining whether a use is allowed is described in section 9.06.030, "Permitted Land Uses And Planning Permit Requirements", of this chapter.

B. Permit And Approval Requirements: Any planning permit or other approval required by section 9.06.030, "Permitted Land Uses And Planning Permit Requirements", of this chapter, 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 exempt.

C. Development Standards, Conditions Of Approval: Each land use and structure shall comply with the development standards of this article 2, article 3, "Development Standards", of this title, 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 article 6, "Subdivisions", of this title. (Ord. 253, 12-16-2014)

A. Permitted Land Uses: The uses of land allowed by this development code in each zoning district are listed in chapters 9.07 through 9.12 of this article 2, together with the type of planning permit required for each use. Each listed land use is defined in article 7, "Definitions", of this title.

1. Establishment Of A Permitted Use:

a. Any one or more land uses identified by the land use tables in chapters 9.07 through 9.12 of this article 2 as being allowed within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirements of subsection B of this section, and compliance with all applicable requirements of this development code.

b. Where a single parcel is proposed for development with two (2) or more permitted land uses, the overall project shall be subject to the highest permit level required by the planning permit requirements of subsection B of this section for any individual use.

2. Use Not Listed:

a. A use not listed in any land use table in chapters chapters 9.07 through 9.12 of this article 2, and determined by the director to not be included in article 7, "Definitions", of this title under the definition of a listed land use, is not allowed unless exempt.

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 article 7, "Definitions", of this title 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:

• (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 district;

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

• (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 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.

e. Appeal: A determination of similar and compatible use may be appealed in compliance with chapter 9.81, "Appeals", of this title.

B. Permit Requirements: Chapters 9.07 through 9.13 of this article 2 provide tables showing allowed land use types that are:

1. "P" Uses: Permitted use, subject to compliance with all applicable provisions of this development code and the California building code. These are shown as "P" uses in the tables.

2. "CUP" Uses: Allowed projects subject to approval of a conditional use permit (chapter 9.63 of this title), and shown as "CUP" uses in the tables. Conditional use permits are approved by commission and are subject to the California environmental quality act (CEQA). Review of such uses is necessary and specific conditions of approval may be necessary to ensure that the uses are developed, operated, and located properly with respect to their effects on surrounding properties and so that any and all potentially adverse impacts are mitigated, and to ensure the general health, safety and welfare of the community through implementation of the general plan through this chapter.

3. "SUP" Uses: Allowed subject to the approval of a special use permit (chapter 9.69 of this title), and shown as "SUP" uses in the tables. Special use permits are subject to the approval of the director, with public notice. Review of such uses is necessary and specific conditions of approval may be necessary to ensure that the uses are developed, operated, and located properly with respect to their effects on surrounding properties and so that any and all potentially adverse impacts are mitigated, and to ensure the general health, safety and welfare of the community through implementation of the general plan through this chapter.

4. "HOP" Uses: Allowed subject to the approval of a home occupation permit (chapter 9.50 of this title), and shown as "HOP" uses in the tables. Home occupation permits are subject to the approval of the director and/or commission, with and without public notice. Review of such uses is necessary and specific conditions of approval may be necessary to ensure that the uses are developed, operated, and located properly with respect to their effects on surrounding properties and so that any and all potentially adverse impacts are mitigated, and to ensure the general health, safety and welfare of the community through implementation of the general plan through this chapter.

5. "SPR" Uses: New construction and certain expansions for uses identified as "SPR" in the tables are subject to a site plan and design review (chapter 9.68 of this title) and are approved by commission and are subject to the California environmental quality act (CEQA). The site plan review procedure is intended to protect and enhance the visual appeal, environment, economic stability and property values of the town's residential, commercial, and industrial areas through the application of the provisions of this code and the general plan.

hapter 9.68 of this title) and are approved by commission and are subject to the California environmental quality act (CEQA). The site plan review procedure is intended to protect and enhance the visual appeal, environment, economic stability and property values of the town's residential, commercial, and industrial areas through the application of the provisions of this code and the general plan.

6. "TSEP" Uses: Allowed subject to the approval of a temporary special event permit (chapter 9.71 of this title), and shown as "TSEP" uses in the tables. Temporary special event permits are subject to the approval of the director, without public notice. Temporary special event permits provide for the review of events specified in this development code, in order to minimize any adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare.

7. "TUP" Uses: Allowed subject to the provisions in chapter 9.39, "Temporary Uses And Structures", of this title and approval of a temporary use permit (chapter 9.72 of this title), and shown as "TUP" uses in the tables. Temporary use permits are subject to the approval of the director, without public notice. Temporary use permits provide for the review of temporary accessory uses and for temporary uses related to current and ongoing construction activities that are not otherwise permitted or regulated in this development code in order to minimize any adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare.

8. "PD" Uses: Allowed subject to the approval of a planned development permit (chapter 9.67 of this title) and shown as "PD" uses in the tables. PD permits are reviewed by commission and approved by council, and are subject to the California environmental quality act (CEQA). Planned development permits are intended to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through strict application and land use district regulations. This process is also intended to serve as an alternate site planning process that encourages more creative and imaginative planning of mixed use multiphased residential, commercial or industrial development within the framework of a single cohesive development plan.

9. "SPL" Uses: Allowed subject to the approval of a special license permit for uses identified as "SPL" in the tables. Special license permits are subject to the approval of the director, without public notice. Review of such uses is necessary and specific conditions of approval may be necessary to ensure that the uses are developed, operated, and located properly with respect to their effects on surrounding properties and so that any and all potentially adverse impacts are mitigated, and to ensure the general health, safety and welfare of the community through implementation of the general plan through this chapter.

10. "NP" Uses: Not allowed in particular zoning districts, and shown as "NP" in tables.

C. Additional Permit Requirements: A land use authorized through the approval of a site plan and design review permit, land use compliance review, conditional use permit, planned development permit, or other permit required by this article may also require a building permit and/or other permit required by this code. (Ord. 253, 12-16-2014)