§ 23.02.028. Zoning Clearance.

Where required by this title, zoning clearance is a verification by the Department of Planning and Building that business license applications, certain proposed new uses of existing buildings and other activities are in compliance with this title and the Local Coastal Program. In such cases, zoning clearance will enable approval of a business license pursuant to Title 6 of this code, establishment of a proposed use, or conduct of a proposed activity pursuant to any other authorizations required by this code or other public agencies, and subject to all applicable provisions of this title. In cases where a construction permit is required by Title 19 of this code, a zoning clearance required by this title for the same project is processed and approved as part of the construction permit application and review process.

a.

Zoning clearance application and content: Zoning clearance applications shall include the same information required by Sections 23.02.030a, b., and c. of this title (Plot Plan).

b.

Zoning clearance review and approval: The planning director shall approve a zoning clearance application when the proposed project, use, building or activity for which zoning clearance is required satisfies all applicable provisions of this title and the Local Coastal Program.

c.

Zoning clearance for business license applications. Notwithstanding the provisions of subsection b. of this section, no business license application shall be approved by the Planning Director unless the proposed site and land use satisfy the following requirements, as applicable:

(1)

Applications subject to review. The provisions of this section apply to business license applications that:

(i)

Propose a new business; or

(ii)

Involve a change of use in an existing structure; or

(iii)

Renew a license for a business using leased off-site parking.

(2)

Criteria for approval of all licenses. Approval of all business license applications reviewed by the Planning Director shall satisfy the following criteria:

(i)

Use. The proposed use has been authorized by an approved land use permit; or where a zoning clearance for a business license application is the only authorization required by this title, the proposed use is allowed in the land use category that applies to the site, and is also allowed by any Land Use Element combining designation or planning area standard applicable to the site; or is a nonconforming use pursuant to Chapter 23.09 of this title.

(ii)

Structure. The Building Official certifies that the structure conforms to all applicable requirements of Title 19, evidenced by a Certificate of Occupancy.

(iii)

Operational standards. The proposed use will be in conformance with the operational standards in Chapter 23.06 (Health and Safety), of this title.

(iv)

Violation. The proposed site and any structures or land uses existing on the site are not in violation of any applicable provision of this title or this Code.

(3)

Re-use of existing structures. Approval of a zoning clearance for a business license application that proposes establishment of a new (different) business in an existing building or structure shall be subject to the provisions of subsection c(2) above, and in addition shall be subject to the following:

(i)

Parking. The proposed business site shall contain the number of off-street parking spaces, driveway and parking lot improvements as required by Section 23.04.160 (Parking); except as otherwise provided by Section 23.09.036 (Nonconforming Parking).

(ii)

Signing. All signing on the proposed site is to be in conformity with Section 23.04.300 (Signing), and Section 23.09.032 (Nonconforming Signs).

(4)

New uses. Approval of a zoning clearance for a business license that proposes the first occupancy of a new building or structure shall require compliance with the provisions of subsections c(1) and c(2) of this section, and in addition shall be subject to the following:

(i)

Landscape, fencing, and screening. All landscape, fencing, and screening on the proposed site is to be in conformance with Sections 23.04.180 et seq. (Landscape) and Section 23.04.190 (Fencing and Screening).

(ii)

Site development standards. The site shall conform to requirements for drainage, fire protection, curbs, gutters and sidewalks as required by Chapter 23.05 (Site Development Standards).

[Amended 1993, Ord. 2649; 1995, Ord. 2715]