Chapter 18.126 — Zoning Clearances

Sections

18.126.010 – Purpose 18.126.020 – Applicability 18.126.030 – Review Procedures 18.126.040 – Post-Decision Procedures

Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure.

A Zoning Clearance shall be required at the time of the Director's review of any of the following:

• A. Initiation of a Land Use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

• B. Building Permit, Grading Permit, or Other Construction Permit.

  1. A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.

  2. Before a Building Permit may be issued for any structure in a development requiring Architectural Review in compliance with Chapter 18.120, the Building Inspector shall make a determination that the proposed structure is in compliance with the approved Architectural Review.

C. Change of Use.

• 1 . Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.

2. A Zoning Clearance shall also be required for a proposed change of use even if the lessee, operator, or owner of the previous use did not previously file for or receive a Zoning Clearance.

• D. Issuance of Business License. A new Zoning Clearance shall be obtained before issuance of a City Business License in compliance with SCCC Title 5 (Business Licenses and Regulations).

• E. Compliance with Off-Street Loading Standards , per Code Section 18.38.070.

Santa Clara Zoning Code, Title 18

July 2025 6-39

18 Attachment 1:412

Publication, Apr 2026

ZONING

Chapter 18.126

Zoning Clearances

• F. Ministerial ADU Approval on Single-Family Parcels. The City shall ministerially approve the construction of certain accessory dwelling units (ADUs) meeting the requirements set forth in Section 18.60.020 (Accessory Dwelling Units) through the issuance of Zoning Clearance on any single-family residential parcel.

• G. Ministerial ADU Approval on Multi-Family and Mixed-Use Parcels. The City shall ministerially approve certain ADUs meeting the requirements set forth in Section 18.60.020 (Accessory Dwelling Units) through the issuance of Zoning Clearance on any multi-family residential or mixed-use parcel.

• H. Accessory Uses. As an addition to an allowed primary use located on the site where only Zoning Clearance and no Minor Use Permit or Conditional Use Permit is required, as determined by the Director per Code Section 18.60.030 (Accessory Uses).

• I. Tasting Incidental to a Retail Establishment. Tasting of beer, wine, or spirits incidental to the retail sales of goods and merchandise is allowed, with Zoning Clearance approval, if the use meets all of the requirements set forth in Code Section 18.60.040 (Alcoholic Beverage Sales and Service).

• J. Home Occupations , per Code Section 18.60.120.

• K. Outdoor Dining and Seating Areas of 24 seats or fewer, per Code Section 18.60.140.

• L. Reverse Vending Facilities meeting the objective standards of Table 4-2 (Standards for Reverse Vending Machines), and Code Section 18.60.180.

• M.

  • Vehicle Service Station conversions, per Code Section 18.60.220.

• N. Wireless Telecommunications Facilities exempt from discretionary permit requirements , per Code Section 18.66.030.

• A. Zoning Clearance. Uses of land that are allowed by right in a zone require the issuance of a Zoning Clearance. and are called "permitted uses". Zoning Clearances shall first be reviewed and issued by the Director, in consultation with the City Fire Marshall, Public Works Department, and County Environmental Health Department. These Zoning Clearances are necessary to confirm compliance with all applicable City laws and regulations before the issuance of a Building Permit, or the initiation of an activity where no Building Permit is required.

• B. Director’s Responsibility. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions applicable to the proposed land use or structure.

• C. Form of Approval. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

==> picture [469 x 11] intentionally omitted <==

==> picture [468 x 11] intentionally omitted <==

==> picture [196 x 11] intentionally omitted <==

Santa Clara Zoning Code, Title 18

6-40 July 2025

18 Attachment 1:413

Publication, Apr 2026

SANTA CLARA CODE

Chapter 18.128

Article 6 – Permit Processing Procedures