Chapter 17.72 — ZONING CLEARANCE

This Chapter establishes procedures for the review, and approval or denial of Zoning Clearances, which are required by the City to verify that a requested land use activity and/or structure is an allowed land use within the applicable zoning district, and complies with the development standards and any design guidelines applicable to the land use or the zoning district of the site.

Where Article II (Zoning Districts and Allowable Land Uses) requires Zoning Clearance, the City Planner shall evaluate the proposed use or structure in compliance with this Chapter.

• A. Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the City Planner where an existing, new, or modified nonresidential structure(s) containing up to 7,500 square feet of total gross floor area (5,000 square feet in the Historic Commercial and Industrial/Manufacturing zoning districts) or disturbing up to 26,000 square feet of total site area is proposed to be used or constructed or where an existing, new, or modified residential structure(s) with 10 or less residential units is proposed to be used or constructed. Refer to Section 17.06.040(B)(1)(a) (Zoning District Regulations).

• B. Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

• C. Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. The approval of a Development Permit, in compliance with Chapter 17.74 (Development Permits) shall be required for additions to projects that would bring (1) the total project floor area for nonresidential structure(s) to 7,500 square feet or more (5,000

square feet or more for projects located within the Historic Commercial and Industrial zoning districts); (2) the total disturbance area to 26,000 square feet or more; or (3) the total number of residential units to eleven or more units.

• A. Project review procedures. Each application shall be analyzed by the City Planner to ensure that the application is consistent with the content, purpose, and intent of this Chapter, this Development Code, any applicable design guidelines, the General Plan, and any applicable Specific Plan.

• B. Issuance of a Zoning Clearance.

  1. Time for decision. The City Planner shall take appropriate action on the Zoning Clearance within 30 days of finding the application complete in compliance with Section 17.70.060 (Initial Application Review/Environmental Assessment).

  2. Public notice. Notice of the City Planner's intent to take action on the issuance of a Zoning Clearance shall be required for all new multifamily residential, commercial, and industrial projects and substantial additions (e.g., an addition of at least 25 percent of the gross floor area of the existing structure) in the following manner:

     • a. Notice shall include:

       • (1) A general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the notice;

       • (2) The date on which the City Planner may take action on the issuance of the Zoning Clearance; and

       • (3) The location and available times that the application may be reviewed by the public.

     • b. The notice shall be mailed or delivered to:

       • (1) The owner(s) of the property being considered or the owner's agent, and the applicant, if different from the owner;

       • (2) All owners of real property as shown on the County's latest equalized assessment roll within 500 feet of the boundary of the property which is the subject of the Zoning Clearance; and

       • (3) Any person who has filed a written request for notice with the City Planner and has paid the fee set by the most current Schedule of Fees for the notice.

     • c. The notice shall be posted in City Hall; and

     • d. The notice shall be mailed, delivered, and posted at least 14 days prior to the City Planner taking action on the issuance of the Zoning Clearance.

  3. Required fndings. The City Planner shall issue the Zoning Clearance, with or without conditions, only if all of the following findings can be made:

     • a. The proposed development is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district, and complies with all applicable provisions of this Development Code, the Municipal Code, and the Public Improvement and Engineering Standards;

     • b. If applicable, the proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;

• c. The Zoning Clearance approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and

  - d. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land. 
  
  - e. The proposed development is consistent with all applicable regulations of the Amador County Department of Environmental Health and the City of Jackson Fire Department for the transport, use, and disposal of hazardous materials. 
  

  4. Effective date. The Zoning Clearance shall not be valid until the companion Building and/or Grading Permit is issued or, where no Building and/or Grading Permit is required, a written determination is made by the City Planner.

  5. Appeals. Appeals shall be submitted in writing, and filed with the City Clerk, on a City application form, within 10 days from the date of the City Planner's action on the issuance of the Zoning Clearance, in compliance with Chapter 17.140 (Appeals).

• C. Time limits, expiration. The Zoning Clearance shall be valid for the same time period that the companion Building and/or Grading Permit is in force or 120 days, where no Building and/or Grading Permit is required. Construction shall commence and shall be completed in accordance with the time limits established by Section 17.84.050 (Time Limits, Phasing, and Extensions).

In approving a Zoning Clearance, the City Planner may impose specific development conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as the City Planner finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.72.030(B)(3) (Review and Decision - Issuance of a Zoning Clearance - Required Findings).