Part IV: Land Use and Development Permits
Chapter 14.09.280
Zoning Clearance
Sections:
14.09.280.010 Purpose.
This chapter establishes the procedure to verify that each new, modified or expanded use, activity, or structure complies with all applicable requirements of this title, as well as the conditions of any previous discretionary approval granted by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.280.020 Applicability.
A. Zoning Clearance Required. A zoning clearance is a ministerial review and determination that is required for a proposed new or modification to an existing structure, land use, site improvement, building repair (outside of routine maintenance), or to satisfy the requirements of California Government Code Sections 65852.21 and 66411.7, to ensure the activity conforms to the applicable zoning provisions. A zoning clearance is conducted for all building permits that require a planning review (except for interior alterations that do not add floor area, bedrooms or change the use of a building which do not require planning review), business licenses, change in use, and modifications to site improvements (except for single-family residences).
B. Exception. A zoning clearance is not required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.280.030 Decision Maker.
The Director of Community Development shall act as the decision maker for zoning clearances based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.280.040 Procedures.
A. Application. Additional applications and fees are not required for a zoning clearance if it is associated with another type of City permit such as a building permit or business license. If a zoning clearance is required, and the proposed use or change is not associated with a building permit or business license, an application and fee for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. The Director of Community Development may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed use of the site complies with all provisions of the Zoning Ordinance and the requirements and conditions of any previous discretionary approval granted by the City.
B. Zoning Clearance Determination. The Director of Community Development shall make a determination whether a proposed use, activity, or structure is allowed without requiring discretionary review by the Zoning Ordinance, and conforms to all applicable development and use standards, and shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this title. Prior to issuing any building permit, or associated permit approval, the Director of Community Development shall also determine through approval of a zoning clearance that the use, building, or modifications to uses and/or buildings conforms to the provisions of any applicable previous discretionary approval, and satisfies all conditions of such permits and approvals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)