A. The proposed use is allowed on its site; and

B. The proposed use of land, building or structure, or division of land satisfies all applicable standards and requirements of this zoning code, or such standards are the subject of a simultaneously filed variance application that will, if approved, achieve such compliance; and

C. Neither the proposed site nor any building or land use thereon is being maintained in violation of the Subdivision Map Act, the zoning code, the grading regulations or any condition of approval of an applicable land use entitlement, except where the application incorporates measures proposed by the applicant to correct the violation, and correction will occur before establishment of the new proposed use, or recordation of a final or parcel map in the case of a subdivision; and

D. No application for the same use on the same site was denied by the Zoning Administrator or Planning Commission within one year prior to the date of filing, unless permission to re-file has been granted pursuant, or unless the previous application was denied without prejudice by the hearing body; and

E. The fact that a permit has been accepted for processing pursuant to subsections (A) through (D) of this section shall not be deemed to be a final determination with respect to compliance with those subsections, said final determination to be made by the decision-making body. (Formerly 20.03)