Chapter 17.120 — ZONING CLEARANCES AND BUSINESS PERMITS[[6]]

modified

Footnotes:

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Editor's note— Ord. No. 3023, § 4.B(Exh. B), adopted May 2, 2023, repealed the former Ch. 17.120, §§ 17.120.010—17.120.070, and enacted a new Ch. 17.120 as set out herein. The former Ch. 17.120 pertained to zoning clearances and administrative permits and derived from Ord. No. 3011, § 3(Exh. B), adopted June 21, 2022.

modified

Zoning clearances are ministerial acts that ensures developments are consistent with the city's general plan and this title. Zoning clearances are intended to implement architectural standards, site planning, circulation, landscaping and other zoning and planning policies. Director level zoning clearances are intended to ensure adjacent properties are not negatively impacted by any secondary effects of the proposed activity. Business occupancy permits are also ministerial acts that ensure new uses and changes to existing uses comply with this title.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Staff Level Zoning Clearances. Approval of a Staff Level Zoning Clearance shall be received prior to obtaining any other planning or building permit or prior to commencing work. Specifically, a Zoning Clearance shall be required for any of the following:

1.

Automated Teller Machine (ATM);

2.

Building murals;

3.

Buildings and structures, limited to the following:

a.

One or more new detached Accessory Dwelling Unit (ADUs), greater than eight hundred (800) square feet each;

b.

One new dwelling unit, including urban dwelling units; and

c.

Reconstruction or restoration of a building or structure that is damaged greater than fifty (50) percent of its replacement value.

4.

Fences and walls greater than two (2) feet in height;

5.

Occupancy of an existing tenant space in a nonconforming multi-tenant commercial or industrial center. This shall only be required when the vacancy of the center is less than fifty (50) percent of the total gross floor area and if the vacancy has been in place for more than one year;[1 [7]] ;

6.

Outdoor seating/dining areas greater than one hundred twenty (120) square feet in area;

7.

Self-service (i.e. reverse vending machines) recycling facilities, subject to Section 17.112.150 (Standards for Nonresidential Uses - Recycling Facilities) of this title; and

8.

Vending machines.

9.

The requirements of this subsection may be waived for projects that require another application or permit of this division (e.g. Minor Variance, Minor Design Review, etc.).

B.

Director Level Zoning Clearances. Approval of a Director Level Zoning Clearance shall be required for any of the following:

1.

Affordable housing concessions, incentive or waivers;

Affordable housing density bonus;

3.

Development Opportunity Reserve (DOR) within the Downtown Specific Plan;

4.

Parking:

a.

Downtown parking credits;

b.

Shared parking; and

c.

Other parking reductions and adjustments listed in Table 17.70-9 (Other Reductions and Adjustments) that require a Director Level Zoning Clearance.

5.

Permeable paving or turf grids for low traffic or infrequent use areas for multiple-family uses;

6.

Uses listed in Chapter 17.A (Matrix of Permitted Uses) of this title that require the approval of a Director Level Zoning Clearance; and

7.

Other projects with improvements as conditioned by the Community Development Director.

C.

Business Occupancy Permits. Approval of a Business Occupancy Permit shall be required for all new home occupation permits, new nonresidential uses, changes to existing nonresidential uses, business name changes and business ownership changes. It may also be required for certain temporary uses.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Footnotes:

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Note— If the vacancy is greater than 50 percent, the new use shall comply with the zoning district; if the vacancy has for less than one, the use does not need a zoning clearance.

modified

A.

Zoning Clearances. The following projects shall be exempt from a zoning clearance:

1.

Buildings and structures that received application or permit approvals as outlined in any of the following Chapters: 17.122 (Design and Minor Design Review), 17.123 (Conditional and Minor Use Permits), 17.125 (Variance and Minor Variance), 17.126 (Modification for an Individual with a Disability) and/or 17.127 (Planned Residential Development) of this title;

2.

Repainting of buildings or structures provided the color is not fluorescent, luminescent or bright and provided the building colors were not specified under a previously approved land use entitlement;

3.

Landscaping improvements or restorations less than five hundred (500) square feet in area; and

4.

Concrete flatwork that does not cover more than forty (40) percent of the front or street side yard of any residentially zoned or used property.

B.

Business Occupancy Permits. Residential uses and business license renewals shall not require a business occupancy permit.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

The rules and procedures for applications, records and investigations applicable to zoning clearance shall be as follows:

A.

Application. Applications for a zoning clearance and business occupancy permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Division can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

C.

Decisions. The Planning Division or Director of Community Development shall issue a decision letter for a staff level zoning clearance and director level zoning clearance, respectively, within thirty (30) days of deeming the application complete. The Planning Division shall issue or reject a business occupancy permit within ten (10) days of receiving all requested information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.120.050 - Guidelines.

modified

A.

Zoning Clearances. The Planning Division or Community Development Director shall review the applicable guidelines outlined below, to determine if the request is appropriate:

1.

The proposed improvements will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the area;

2.

The orientation and location of the buildings or structures are appropriate for the property;

3.

The vehicular and pedestrian circulation on the property allow for the safe movement of people regardless of their mode of travel;

4.

The functionality of the floor plans is superior; and

5.

The scale, character and quality of the improvements are consistent with purpose, goals and policies of the city's general plan, Zoning Code, any applicable specific plan and its comprehensive design guidelines.

B.

Business Occupancy Permits. The Planning Division shall review the applicable guidelines outlined below, to determine if the request is appropriate:

1.

The proposed use or changes to the existing use are clearly defined and permitted in the applicable zoning district;

2.

The proposed use or changes to the existing use will comply with all applicable provisions of this title; and

3.

Conditions of approval have been added to minimize any potential impacts.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

The zoning clearances and business occupancy permits shall be valid for twelve (12) months after the date of approval by Planning Division.

B.

If the applicant has proceeded in good faith toward the implementation of the permit granted as determined by the Community Development Director, then the applicant may request a twelve-month extension of the zoning clearance or business occupancy permit. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Planning Division and Community Development Director decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)