A zone clearance is a ministerial permit that is used by the
department to verify that a proposed structure or land use activity
complies with the list of permitted activities allowed in the applicable
zoning district, the development standards applicable to each type
of use, and any conditions of approval of permits previously issued
for the subject site.
(Ord. 01-594 § 2, 2001)
A. When Required. A zone clearance shall be required as part
of department review of any construction permit, change in business
tenant, or other authorization required by the municipal code for
the proposed use. A zone clearance shall also be required to authorize:
1. A
change of use that does not require more parking than the previous
use;
2. An addition to any structure other than a single-family home or duplex, or an addition to any detached accessory structure, that does not exceed 500 square feet, and maintains the same architectural character or theme, as limited by subsection
(B);
3. An addition to the first floor of a single-family home or duplex that does not exceed 500 square feet and maintains the same architectural character or theme, as limited by subsection
(B);
4. An exterior alteration that maintains the same architectural character or theme (see Section
19.44.020, Administrative Permits – Applicability);
5. An
alteration solely for the purpose of increasing access for disabled
persons or to comply with local, state, or federal regulations concerning
handicapped accessibility;
6. Reduction
in the number of residential units;
7. Any
detached accessory structure serving a residential use that does not
exceed 500 square feet and maintains the same architectural character
or theme;
8. Construction
of a fence or any other structure that does not require a building
permit or any other item regulated by the Zoning Ordinance;
9. Solar
energy systems, collectors and panels;
10. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as authorized by Section
19.36.310;
11. Electric vehicle charging stations, and any associated equipment;
12. Re-roofing that can be seen from street (not required for flat roof).
13. Two unit projects, as further regulated by Section
19.36.325.
B. Limitation on Use of Zone Clearance. Only one zone clearance shall be allowed within any three-year time period for an expansion in floor area. The only exception is for expansions or alterations solely for the purpose of increasing access for disabled persons or to comply with local, state, or federal regulations concerning handicapped accessibility. Any additional expansion within three years shall require a development permit, in compliance with Chapter
19.48. Zone clearances for accessory dwelling units and junior accessory dwelling units shall not be subject to this subsection.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 40, 2003; Ord. 07-773 § 8, 2007; Ord. 08-794 § 9, 2008; Ord. 14-930 § 1, 2014; Ord. 18-1021 § 13, 2018; Ord. 19-1072 § 14, 2019; Ord. 22-1181 § 10, 2022)
A. Community Development Director's Action. The Community Development
Director may issue a zone clearance only after determining that the
request complies with all applicable standards and provisions for
the category of use in the zoning district of the subject parcel,
in compliance with this Zoning Ordinance.
B. Minor Zone Clearances. An on-site inspection is not required
for zone clearances for projects determined by the Director to be
uncomplicated and for which the submitted application materials clearly
comply with all applicable requirements of this Zoning Ordinance.
C. Major Zone Clearances. For projects determined by the Community
Development Director to potentially not comply with all applicable
requirements of this Zoning Ordinance, or which are proposed on sites
or in areas of the city with known problems, the Community Development
Director shall perform an on-site inspection of the site before determining
that the request complies with all applicable provisions of this Zoning
Ordinance.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 172, 2019; Ord. 24-16, 6/24/2024)
A. Decisions of the Director may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter
19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the issuance of a zone clearance.
B. Construction Mitigation. Prior to receiving a Building Permit,
the applicant shall submit a Minor Construction Mitigation Period
Plan on a form provided by the Community Development Director, demonstrating
compliance with the applicable construction mitigation standards in
this Code.
C. Deed Restriction. Unless otherwise authorized by subsection
19.36.310(D)(4) of this Code, prior to issuance of a certificate of
occupancy for an accessory dwelling unit or junior accessory dwelling
unit, a deed restriction shall be recorded with the County Recorder's
Office in a form acceptable to the City Attorney and shall include
a prohibition on the sale of the accessory dwelling unit or junior
accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be
enforced against future purchasers.
D. Two-Unit Project. The ministerial approval of a two-unit
project does not take effect until the city has confirmed that the
required documents have been recorded, such as the deed restriction
and easements, as necessary. Notwithstanding other provisions of this
Code, approval of two-unit projects is ministerially reviewed and
approved by the Community Development Director pursuant to Section
19.36.325(E)(1).
(Ord. 01-594 § 2, 2001; Ord. 15-952 § 8, 2015; Ord. 18-1021 § 13, 2018; Ord. 19-1058 § 173, 2019; Ord. 19-1097 § 8, 2020; Ord. 22-1181 § 11, 2022; Ord. 24-16, 6/24/2024)