This chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the City. Land use permit requirements for specific land uses are established by Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and 3 (Site Planning and General Development Regulations).
(Prior code § 16-130.010)
All uses of land and/or structures shall only be established, maintained, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:
A. 
Allowable Uses. The primary use of land shall be identified by zoning district, overlay district, specific plan, or planned development use regulations, or any other section of this Code, as being allowable in the zoning district applied to the site. In addition, land uses may be allowable as follows:
1. 
Primary Land Uses. If a primary land use is not identified, the Director may determine whether the particular land use is allowable by assigning the land use or activity to a classification that is substantially similar in character. Land uses not listed as being allowed and not substantially similar to an allowed use are prohibited.
2. 
Accessory Uses. Uses accessory to a primary land use shall be allowed in compliance with Section 16.80.020 (Accessory uses).
3. 
Temporary Uses. Temporary uses shall be established in compliance with Chapter 16.164 (Temporary Activity Permits).
B. 
Permit/Approval Requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed or otherwise established, unless the proposed use is listed in Section 16.12.030 (Exemptions from development and land use approval requirements). The land use permit requirements of this Development Code are established by Chapter 16.20 (Allowable Land Use and Permit Requirements), and Chapter 16.28 (Overlay Zoning District Land Uses and Development Standards).
C. 
Development Standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Division 3 (Site Planning and General Development Regulations):
1. 
A structure shall not be erected, maintained, converted, reconstructed, or structurally altered and land shall not be used for any purpose other than allowed in the zoning district in which the structure or land is located.
2. 
A structure shall not be erected, maintained, reconstructed, or structurally altered to exceed the height or bulk limit for the zoning district in which the structure is located.
3. 
A lot area shall not be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Development Code.
4. 
The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure.
5. 
Every structure shall be located on a lot as defined by this Development Code.
6. 
If a structure is converted to a residential unit or a residential unit is converted to increase the number of families that can be accommodated, it shall be located in a zoning district that permits that type of residential unit and shall comply with the development standards for the zoning district and provisions of this Development Code.
D. 
Conditions of Approval. The use of land and/or structure and the location, height, and bulk of structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.
E. 
Legal Parcel. The use of land and/or structure shall only be established on a parcel of land, which has been legally created in compliance with the Map Act as applicable at the time the parcel was created, and Division 6 (Subdivision Regulations), as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels).
F. 
Development Agreements, Master Development Plans, Precise Road Plans, or Specific Plans. The use and/or structures shall comply with any applicable development agreement approved by the City in compliance with Chapter 16.128 (Development Agreements), master development plan approved by the City in compliance with Chapter 16.140 (Master Development Plans), precise road plan in compliance with Chapter 16.148 (Precise Road Plans), specific plan approved by the City in compliance with Chapter 16.156 (Specific Plans), planned unit residential development (PURDs), planned development permit approved by the City in compliance with Chapter 16.144.
G. 
Building Permits and Other Permits. The structures shall comply with the requirements for building permits and applicable City, County, regional, special district, State, or Federal permits.
(Prior code § 16-130.020; Ord. 2022-07-12-1601-02 C.S. § 3; Ord. 2025-06-03-1601, 6/3/2025)
The land use approval requirements of this Development Code do not apply to the activities, uses of land, and/or structures identified by this section; however, the following activities, uses of land, and/or structures may require other permits or approvals in compliance with Section 16.12.040 (Additional permits and approvals may be required). The following are permitted in all zoning districts subject to compliance with all applicable development standards of this Development Code, any other applicable approvals, and this section:
A. 
Decks, Paths, Driveways, and Other Minor Site Improvements. Decks, platforms, patio slabs, on-site paths, driveways, and other improvements that are not required to have building or grading permits by Title 15 (Buildings and Construction) of the Municipal Code, when these improvements:
1. 
Do not exceed 30 inches above natural grade and are not constructed over any basement or structure below; and
2. 
Are not part of a development review or other discretionary application, or required as part of any specific condition of approval.
B. 
Fences and Walls—Residential Zoning Districts. Fences and walls of seven feet or less in height in the residential zoning districts are exempt from land use permit requirements as provided by Chapter 16.48 (Fences, Hedges, and Walls) unless located within the required front yard or street side yard setback.
C. 
Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure, or change the approved use of the structure.
D. 
Portable Spas and Hot Tubs, Fishponds. Portable spas, hot tubs, fish ponds, etc., in compliance with side and rear setback requirements in Section 16.36.035 (Accessory structures) and any fencing requirements of the Building Code that do not:
1. 
Exceed 120 square feet in total area, including related equipment;
2. 
Contain more than 2,000 gallons of water; and
3. 
Exceed 30 inches in depth.
E. 
Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it was legally established and in compliance with the use and development standards of this Development Code before destruction. Any nonconforming use or structure shall meet the requirements for nonconforming uses in compliance with Chapter 16.228 (Nonconforming Uses, Structures, and Parcels) before any use or structure is reestablished or repaired.
F. 
Repairs and Maintenance. Ordinary repairs and maintenance if the work does not result in any:
1. 
Change in the approved land use of the site or structure; or
2. 
Addition to, or enlargement/expansion of, the land use and/or structure.
G. 
Solar Collectors. The addition of solar collection systems to the roofs of existing structures.
H. 
Utilities. The installation, construction, alteration, or maintenance by a utility or public agency of underground or overhead utilities (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, etc.), but not including structures housing equipment, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) for 50,000 volts or more may be subject to Commission and Council review and approval prior to acquisition of rights-of-way.
I. 
Governmental Facilities. Facilities of the City, County, State, a school district, special district, or the Federal Government, on land owned or leased by a governmental agency for governmental operations, are exempt only to the extent mandated by State or Federal law or, with regard to city facilities, upon written determination of the City Manager.
J. 
Electric vehicle charging devices including supporting equipment.
K. 
Solar energy generation canopies located within existing parking lots when, as determined by the Director, no significant changes to circulation occur.
(Prior code § 16-130.030; Ord. 023-07 C.S. § 3; Ord. 2020-06-09-1501 C.S. § 2; Ord. 2020-12-01-1502 C.S. § 2; Ord. 2025-06-03-1601, 6/3/2025)
Before starting work or establishing new uses, all necessary permits shall be obtained, including permits required by the Municipal Code such as building, grading, or other construction permits (Title 15) or business licenses (Title 5) and any applicable County, regional, State, Federal, or special district regulations.
(Prior code § 16-130.040)