Chapter 17.54 — ZONING CLEARANCE

This chapter establishes procedures for conducting Zoning Clearance review to verify that certain new or expanded uses, activities, or structures that would otherwise not need a different permit under this Title from the City comply with all of the applicable requirements of this Title. This chapter also establishes procedures for issuing a Zoning Clearance to effectuate a Discretionary Approval. (Ord. 20-03 § 6; Ord. 21-07 § 4)

• A. Entitlement Permit. Issuance of a Zoning Clearance is required for development as specified by this Title and for the following development:

  1. Window awnings that are supported by an exterior wall and extend 36 inches or more from such exterior wall.

  2. Additions of less than 150 square feet of footprint area to existing structures that are not subject to Design Review Board approval.

  3. Individual signs associated with and conforming to an approved Overall Sign Plan.

  4. Liquefied petroleum gas (i.e., propane, propylene, butane) tanks that are not otherwise exempt from this Title.

  5. Decorative water features that are not otherwise exempt from this Title.

  6. Small habitat restoration or enhancement projects that are exempt from CEQA, pursuant to CEQA Section 15333.

  7. Electric vehicle charging stations, subject to Section 17.24.220 .

  8. Carports, gazebos, canopies, and pergolas that are appurtenant to solar energy systems, notwithstanding any underlying zoning permits or approvals on the subject lot.

• B. Effectuating Permit. Issuance of a Zoning Clearance is required to effectuate the following Discretionary Approvals and Director Actions:

  1. Development Plan.

  2. Conditional Use Permit.

  3. Design Review Board approvals for individual Signs not associated with an Overall Sign Plan and actions to grant Design Review approval for a project where the Design Review Board is the Review Authority.

  4. Any substantial conformity determination or amendment pursuant to Section 17.52.100 , Common Procedures—Changes to Prior Permits and Approvals.

  5. Coastal Commission approval of a Coastal Development Permit.

• (Ord. 20-03 § 6; Ord. 21-07 § 4; Ord. 22-06 § 4)

The Director must determine whether the zoning regulations allow the proposed use, activity, building, alteration, or addition, is permitted and conforms to all the applicable regulations and standards of this Title. A Zoning Clearance effectuating a discretionary approval must carry forward all applicable conditions and shall only be issued after Director makes the required findings. (Ord. 20-03 § 6)

• A. Entitlement Permit. Other than those findings required pursuant to Section 17.52.070 , Common Procedures—Findings for Approval, no additional permit-specific findings are required for the issuance of an Entitlement Zoning Clearance.

• B. Effectuating Permit. Prior to the issuance of an Effectuating Zoning Clearance, the following findings must be made:

  1. All necessary prior approvals have been obtained.

  2. Any “Prior to Issuance of Zoning Clearance” conditions from the Discretionary Approval have been met.

• (Ord. 20-03 § 6; Ord. 22-06 § 4)

No Zoning Clearance is required for the continuation of previously approved uses and structures, or uses and structures that are not subject to any building or zoning regulations. (Ord. 20-03 § 6)

A decision to approve or deny a Zoning Clearance is not subject to appeal, pursuant to this Title. (Ord. 20-03 § 6)