Division 18 — Enforcement and Penalties.

• Prior ordinance history: Ord. Nos. 2200 (NCS), 2217 (NCS), 2245 (NCS), 2264 (NCS), 2294 (NCS), 2301 (NCS), 2304 (NCS), 2306 (NCS), 2311 (NCS), 2313 (NCS), 2317 (NCS), 2323 (NCS), 2341 (NCS), 2396 (NCS), 2405 (NCS), 2416 (NCS) and 2419 (NCS).

Article I. - General Provisions. Division 1. - General Provisions.

Sec. 37-10.010. - Title.

This chapter of the Salinas Municipal Code may be known and cited as the "Salinas Zoning Code" or "zoning regulations."

(Ord. No. 2463 (NCS).)

Sec. 37-10.020. - Purpose.

The purpose of the Zoning Code is to:

(a)

Implement the policies of the Salinas general plan;

(b)

Promote and protect the public health, safety, and general welfare of the people of the city, while respecting property rights;

(c)

Classify, designate, and regulate the location, use, and construction of buildings, structures, and land for residence, commerce, trade, industry, or other purposes; and

(d)

Promote new urbanism development in appropriate locations in the city.

(Ord. No. 2463 (NCS).)

Sec. 37-10.030. - Components.

The Salinas Zoning Code includes the following components:

(a)

Regulations, known as the zoning regulations, establishing various classes of zoning districts and governing the use of land and the placement of buildings and improvements within districts; and

(b)

A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city.

(Ord. No. 2463 (NCS).)

A copy of the Zoning Code and the zoning map, together with a record of all amendments, shall be kept on file with the city clerk and shall constitute the original record. A copy of the Zoning Code and zoning map currently in effect shall also be kept on file with the department of development and engineering services.

(Ord. No. 2463 (NCS).)

Sec. 37-10.050. - General applicability.

The regulations of this Zoning Code adopted by the city council on November 7, 2006 (Ordinance No. 2463) shall take effect and be applied on and after December 7, 2006 and upon subsequent amendments adopted by the city council.

(Ord. No. 2463 (NCS).)

Sec. 37-10.060. - Applicability to private property.

The zoning regulations shall apply to all private land within the city. Application of regulations to specific lots shall be governed by the zoning map.

(Ord. No. 2463 (NCS).)

Sec. 37-10.070. - Applicability to city and redevelopment agency owned property.

Notwithstanding any other regulations of this Zoning Code, land owned or leased by the city or the Salinas redevelopment agency may be developed and used for such public purposes and in such a manner as may be determined by the Salinas city council or the Salinas redevelopment agency, as applicable, to be proper and in the public interest.

(Ord. No. 2463 (NCS).)

Sec. 37-10.080. - Applicability to school district, county, special district, state, and federally owned property.

Land owned by any school district, Monterey County, the state of California, or the United States government shall be subject to the regulations contained in this Zoning Code, unless otherwise provided by law.

(Ord. No. 2463 (NCS).)

Sec. 37-10.090. - Applicability of zoning regulations during an emergency.

The Salinas city council may authorize deviations from any regulation of this Zoning Code during a proclaimed emergency in accordance with Chapter 11A: Emergency Organization and Functions of the Salinas Municipal Code.

(Ord. No. 2463 (NCS).)

Sec. 37-10.100. - Applicability and effect of prior permits.

(a)

The regulations of this Zoning Code shall apply to the erection or alteration of any building or structure, and to the use of any parcel of land, on or after the effective date of the ordinance codified in this Zoning Code and any subsequently adopted ordinance amending this Zoning Code, unless a building permit has been lawfully issued by the city for the construction of a project, in which case, that project may be completed under the provisions of this Zoning Code as they existed at the time of issuance of the building permit; provided, that construction under the permit must be commenced and diligently pursued within the time limit of a building permit. For the purpose of this subsection, a foundation permit shall be treated as equivalent to a building permit, but a grading, demolition, electrical, mechanical, or plumbing permit shall not be considered or treated as building permits.

(b)

All persons empowered by this Zoning Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this Zoning Code and grant no permit, license, certificate, or approval in conflict with such provisions. Any permit, license, certificate, or approval granted in conflict with any provisions of this Zoning Code shall be null and void.

(c)

Whenever any discretionary or administrative approval has been issued prior to the effective date of the zoning regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to this Zoning Code of the Salinas Municipal Code, the uses or improvements may, nevertheless, be used or developed to the extent authorized by the issued approval, provided the approval has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of Section 37-50.160: Nonconforming uses and structures.

(Ord. No. 2463 (NCS).)

Sec. 37-10.110. - Existing private agreements.

The regulations of this Zoning Code shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this Zoning Code imposes greater restrictions, this Zoning Code shall control.

(Ord. No. 2463 (NCS).)

Sec. 37-10.120. - Conflict with other regulations.

Where conflict occurs between the regulations of this Zoning Code or any other chapter of the Salinas Municipal Code or other ordinances, the more restrictive or specific regulation(s) shall control unless otherwise specified in this Zoning Code.

(Ord. No. 2463 (NCS).)

Sec. 37-10.130. - Effect on developed land.

The regulations of this Zoning Code apply to new development, as well as to the modification and redevelopment of previously developed property, unless otherwise noted in Section 37-50.160: Nonconforming uses and structures. Improvements and development existing on or before the adoption or amendment of these regulations hereto and that do not conform to the regulations in this Zoning Code may continue to exist as provided by this Zoning Code.

(Ord. No. 2463 (NCS).)

Sec. 37-10.140. - Applicability of land use and development regulations.

Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letters and/or numerical designations as follows:

(a)

A base zoning district designation indicating the zoning district name, shall be a component of all zoning districts. See Article II: Establishment of Zoning Districts and Designations and Article III: Base District Regulations.

(b)

An overlay zoning district designation shall be included in a zoning district designation if the provisions of one or more overlay districts are applicable. See Article II: Establishment of Zoning Districts and Designations and Article IV: Overlay District Regulations.

(Ord. No. 2463 (NCS).)

Sec. 37-10.150. - General authority.

This Zoning Code is adopted pursuant to Article XI, Section 7, of the Constitution of the State of California and in compliance with the requirements of Title 7 of the Government Code, Planning and Zoning Law, as may be subsequently amended by the state of California, for the purpose of promoting the public health, safety, and general welfare.

(Ord. No. 2463 (NCS).)

Sec. 37-10.160. - City planner authority.

The city planner shall be appointed by the city manager and shall have the following duties, responsibilities, and authority for this Zoning Code, as well as other duties, responsibilities, and authority prescribed for the city planner under other laws and ordinances, city regulations, and administrative provisions:

(a)

The city planner shall have the authority and responsibilities described and illustrated in Article VI: Administration and anywhere else the city planner is identified within the Salinas Municipal Code.

(b)

The city planner's authority and responsibility may be delegated through deputies or assistants appointed by the city planner for such purpose. Therefore, any time the term "city planner" is used in this Zoning Code, it shall mean "city planner or their designee."

(c)

The city planner shall be responsible for determining the applicable section of this Zoning Code that applies when separate provisions of this Zoning Code appear to be in conflict or where other ambiguity arises regarding the definitions, standards, and regulations of this Zoning Code or the zoning map.

(d)

The city planner shall render interpretations as deemed necessary in order to clarify and carry out the purposes and regulations of the Zoning Code.

(e)

The city planner shall investigate and submit to the planning commission and/or city council, as applicable, their findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of this Zoning Code.

(Ord. No. 2463 (NCS).)

Sec. 37-10.170. - Planning commission authority.

The planning commission authority is per Chapter 2, Article VII of the Salinas Municipal Code. With respect to this Zoning Code, the planning commission shall have the authority and responsibilities described and illustrated in Article VI: Administration of this Zoning Code and anywhere else the planning commission is identified within the city of Salinas Municipal Code. The planning commission's primary functions are to:

(a)

Review certain applications and forward recommendations to the city council;

(b)

Hear and decide appeals to city planner decisions;

(c)

In certain instances (see Article VI: Administration of this Zoning Code), the planning commission has the authority to approve, approve with conditions or modifications, or deny certain applications as identified in Article VI: Administration.

(Ord. No. 2463 (NCS).)

Sec. 37-10.180. - City council authority.

The city council authority is per Part I. The Charter of the Salinas Municipal Code. With respect to this Zoning Code, the city council shall have the direct authority and responsibilities described and illustrated in Article VI: Administration and anywhere else the city council is identified within the city of Salinas Municipal Code as follows:

(a)

The city council's primary function is to establish land use policies and regulations and to consider various project applications and planning commission recommendations.

(b)

The city council has the authority to approve, approve with conditions or modifications, or disapprove certain applications as identified in Article VI: Administration.

(c)

The city council may authorize deviations from development standards contained in this Zoning Code if it can be established that the deviation is necessary in the interest of public health and safety or is required as part of environmental mitigation.

(Ord. No. 2463 (NCS).)

Sec. 37-10.190. - Interpretation of regulations as minimum requirements.

These zoning regulations shall be deemed the minimum requirements to promote and preserve the public health, safety, and general welfare of the people, unless otherwise noted.

(Ord. No. 2463 (NCS).)

Sec. 37-10.200. - Interpretation of language.

The following rules for interpretation shall apply:

(a)

The particular shall control the general.

(b)

"Shall" and "must" are mandatory; "should" and "may" are discretionary.

(c)

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected words or provisions shall apply.

(2)

"Or" indicates that the connected words or provisions may apply singularly or in any combination.

(3)

"Either…or" indicates that the connected words or provisions shall apply singularly but not in combination.

(d)

In case of conflict between the text and a diagram, the text shall control.

(e)

All references to the "Zoning Code" shall mean Chapter 37 of the city of Salinas Municipal Code.

(f)

All references to Municipal Code shall mean the city of Salinas Municipal Code.

(g)

All references to departments, commissions, boards, or other public agencies are to those of the city of Salinas, unless otherwise indicated.

(h)

All references to the "state" shall mean the state of California. Any reference to a specific state of California regulation or law shall also mean "as the regulation or law may be subsequently amended by the state of California."

(i)

All references to public officials are to those of the city of Salinas and include designated representative of such officials, unless otherwise indicated.

(j)

All references to days are to calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday, furlough day, or holiday, it shall be extended to the next full day in which the offices of the community and economic development department are open for business.

(k)

All references to community planning and development shall mean the planning division of the community and economic development department.

(l)

Words used in the present tense shall include the future tense.

(m)

Chapter, article, division, and section headings contained in this Zoning Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section hereof.

(n)

The words "structure" and "building" shall have the same meaning.

(o)

The words "activities" and "facilities" include any part thereof.

(p)

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

(q)

The words "chapter," "article," "division," "section," and "subsection" refer to the Salinas Zoning Code unless otherwise noted.

(r)

All terms shall be construed per Division 2: Definitions of this article. Terms that are not defined shall be construed according to the context and approved usage of the language, and as ultimately determined by the city planner.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 1, 11-13-2012)

Sec. 37-10.210. - Interpretation of standards and regulations.

(a)

Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Zoning Code or its application to a specific site, the city planner shall determine the intent of the provision.

(b)

Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

(1)

District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

(2)

On unsubdivided land, or where a district or overlay boundary divides a lot, the location of the district boundary shall be determined by using the approximated scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

(3)

District boundaries shown as approximately following right-of-way lines of highways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

(4)

District boundaries shown as lying within right-of-way lines of highways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

(5)

Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the city planner shall determine the location.

(c)

Similar Uses. When a use is not specifically listed in these zoning regulations, the use may be permitted, or permitted subject to a review or permit, if it is determined by the city planner that the use is similar to other uses listed. In determining if a use not specifically listed in these zoning regulations is similar, the city planner shall make all of the following findings:

(1)

The proposed use shall meet the intent of and be consistent with the goals, objectives, and policies of the Salinas general plan;

(2)

The proposed use shall meet the specific purposes of the zoning district in which the use is proposed to be located; and

(3)

The proposed use shall be similar in nature, intensity, density, and environmental character as those uses listed in the zoning district in which it is to be located.

(d)

Appeals. An interpretation of the zoning regulations or zoning map by the city planner may be appealed in accordance with Article VI, Division 17: Appeals.

(Ord. No. 2463 (NCS).)

Sec. 37-10.220. - Rounding of fractional numbers.

If in the application of the requirements of this Zoning Code, a fractional number is obtained that is less than one-half, the number shall be rounded down to the nearest whole number. A number that is obtained that is one-half or greater shall be rounded up to the next higher whole number except when calculating density. For example, 4.499 would be rounded to four and 4.500 would be rounded to five. In regard to calculating density, fractional numbers shall be rounded down to the next lower whole number. For projects subject to a density bonus, rounding of fractional numbers shall be in accordance with this section except as otherwise provided for in Section 37-50.060: Density bonus and Section 65915 of the State Health and Safety Code.

(Ord. No. 2463 (NCS).)

Sec. 37-10.230. - Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Zoning Code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such decision shall not affect the validity of the remaining portions thereof.

(Ord. No. 2463 (NCS).)

Division 2. - Definitions.

Sec. 37-10.240. - General.

For the purposes of this Zoning Code, certain terms are defined. Words and phrases used in the Zoning Code and not specifically defined herein shall be construed according to the context and approved usage of the language, and as ultimately determined by the city planner.

(Ord. No. 2463 (NCS).)

Sec. 37-10.250. - "A" definitions.

Abandonment. To cease the intended and designated use of a property or building for a period of one hundred eighty days or more.

Abate. To end a nuisance, emergency, or nonconformance.

Abut or Abutting. Having a common border, boundary point, or lot line.

Access. The place or way by which pedestrians and/or vehicles shall have safe, adequate, and suitable ingress and egress to a property or use as required by this Zoning Code.

Accessory Building or Structure. See Section 37-50.010: Accessory uses and structures for this definition.

Accessory Dwelling Unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a single-family detached dwelling unit. An accessory dwelling unit must contain at least one hundred fifty square feet of floor area and may consist of an efficiency unit, as defined in Section 17958.1 of Health and Safety Code; or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Accessory Dwelling Unit, Interior. An accessory dwelling unit which is constructed in the R-L district entirely within the existing and legally created space of a single-family detached dwelling unit or accessory structure.

Accessory Dwelling Unit, Other. An accessory dwelling unit which is constructed either as a new detached accessory structure; as an addition to an existing single-family detached dwelling unit or an existing accessory structure; or entirely within the existing and legally created space of a single-family detached dwelling unit or accessory structure but not in the R-L district.

Accessory Use. See Section 37-50.010: Accessory uses and structures for this definition.

Acre. Forty-three thousand five hundred sixty square feet of land area.

ADA. Americans with Disabilities Act.

Adaptive Reuse Project. See Section 37-50.015: definition of adaptive reuse project.

Addition. See Section 37-50.110: Infill residential development in the R-L district.

Adjacent. Lying near or close to, including across a street or alley.

Adjoining. See "Abut or Abutting."

Adult Bookstore. See Section 37-50.020: Adult entertainment facilities for this definition.

Adult Entertainment Facility. See Section 37-50.020: Adult entertainment facilities for this definition.

Adult Live Entertainment Establishment. See Section 37-50.020: Adult entertainment facilities for this definition.

Adult Motion Picture Theater. See Section 37-50.020: Adult entertainment facilities for this definition.

Affordable Housing. See Section 37-50.060: Density bonus for affordable housing-related definitions.

Affordable Ownership Cost. See Section 37-50.060: Density bonus for this definition.

Affordable Rent. See Section 37-50.060: Density bonus for this definition.

Agent of Owner. A person authorized to act for the property owner.

Agriculture. The use of land for agricultural purposes, including the growing of vegetables, fruit, fiber, horticulture, pasturage, or the keeping of apiaries, and the necessary accessory uses for storing produce, provided that the operation of any such accessory use shall be secondary to that of normal agricultural activities. Excludes animal husbandry or stockyards.

Agricultural Produce Processing. An industrial use devoted primarily to the storage, processing, packaging, and distribution of agricultural produce (such as fruits, vegetables, and salads). Excludes nurseries, food product processing, or any processing or preparation activities, which involve cooking, canning, pickling, or preserving.

Airports. Runways and related facilities for the takeoff and landing of aircraft, including rotary-winged and ultralight aircraft. Airports may also include facilities for repair, maintenance, and storage of aircraft.

Airport-related Uses. Those uses, which sell products or services directly to aircraft owners, pilots, or support airport operations, which are dependent on direct access to the airport runway system, or which include limited industrial uses restricted to aviation-related products and services.

Alcohol-related Uses. See Section 37-50.030: Alcohol license review for this definition.

Alcohol-related Use, Off-sale (Off-premises Consumption). See Section 37-50.030: Alcohol license review for this definition.

Alcohol-related Use, On-sale (On-premises Consumption). See Section 37-50.030: Alcohol license review for this definition.

Allowed. Permitted. Also see "Permitted."

Alley. A public or private way generally reserved as a side or rear entrance to abutting property.

Alteration. Any change in construction or occupancy requiring a building permit, a permit required under this Zoning Code, or a business license. For alteration of signs, see Article V, Division 3: Signs for this definition.

Alternative Transportation Modes. See Section 37-50.330: Vehicle trip reduction for this definition.

Ambulance Services. Any business substantially devoted to providing emergency medical care and transportation, including incidental storage and vehicle maintenance.

Animal, Domestic. Animals of the type generally accepted as pets, including dogs, cats, rabbits, birds, reptiles, and the like. Excludes hoofed animals, chickens, ducks, geese, peafowl, fish, and the like, and any animals, birds, or fish maintained for commercial purposes.

Animal Boarding. Provision of shelter and care for domestic animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

Animal Grooming. Provision of bathing and trimming services for domestic animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight hours per animal.

Animal Hospitals. Establishments where domestic animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed and soundproofed. Grooming and temporary (thirty days or less) boarding of animals is included if incidental to the hospital use.

Animal Husbandry. Raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classification includes grazing, ranching, dairy farming, and poultry farming.

Animal Retail Sales. Retail sales and boarding of domestic animals, providing such activities take place within an entirely enclosed business. Grooming is included if incidental to the retail use.

Animal Sales and Services. Includes any of the following, as defined in this division: animal boarding, animal grooming, animal hospitals, and animal retail sales.

Annexation. The incorporation of land area into the jurisdiction of the city with a resulting change in the boundaries of the city.

Antenna, Dish (Also Known as a Parabolic Antenna). See Section 37-50.290: Telecommunication facilities for this definition.

Antenna, Panel (Also Known as a Directional Antenna). See Section 37-50.290: Telecommunication facilities for this definition.

Antenna, Whip (Also Known as Omnidirectional Antenna). See Section 37-50.290: Telecommunication facilities for this definition.

Antique/Collectible Shops. Any premises used for the sale or trading of articles of which eighty percent or more are over fifty years old or have collectible value. Also includes the sale or trading of previously owned books. Excludes secondhand stores and adult entertainment uses.

Apartment. A room or suite of rooms, within an apartment building or mixed use building that is designed for rent, lease, and occupancy by one household for living and sleeping purposes.

Apartment Building. Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the nontransient home or residence of three or more households living independently of each other and doing their own cooking in such building, and having individual or common laundry facilities. Also see "Dwelling, Multifamily."

Appeal. A request by a project applicant or other qualified individual or agency for a city body to modify, reconsider, or reverse a decision rendered by a subordinate city body or city staff.

Appellant. Those persons or entities filing appeals, paying fees, where required, and complying with procedural requirements stated in this Zoning Code.

Applicant. Any person, firm, or corporation requesting approval of any land use, development, or improvement application, or similar entitlement regulated by the Salinas Municipal Code.

Arcade (Amusement or Video). Any business, use, or structure containing six or more coin-operated or token-operated amusement machines or viewing machines. Any use or business with six or more amusement machines shall be considered an amusement center or arcade in addition to any other principal or conditional use of the land. Excludes adult motion picture theaters or adult entertainment facilities.

Arcade (Architectural). A roofed passageway or lane, typically with shops located on one or both sides (see Figure 37-10.10).

==> picture [243 x 145] intentionally omitted <==

Figure 37-10.10 Arcade

Architectural Diversity. Combination of multiple architectural styles, colors, materials, or ornamentation to produce a harmonious, nonmonotonous built environment.

Architectural Entry Features. See Section 37-50.010: Accessory uses and structures for this definition.

Architectural Projection. Anything attached to and extended outside the outer face of the exterior wall of a structure such as stairs, balcony, bay window, fireplace, etc.

Area Median Income. See Section 37-50.060: Density bonus for this definition.

Art Galleries. Establishments engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. Excludes libraries, museums, or noncommercial art galleries.

Arterial Street. Any street so designated in the Salinas general plan, including expressways. Arterial streets provide the highest level of service for vehicles at the greatest speed between major points in an urban area, for the longest uninterrupted distance with some degree of traffic and access control.

Articulation. Multiple changes in facade characteristics within a given building as a result of variation in setback or detailing.

Artist Studios. Workspaces for artists and artisans, including individuals practicing a fine or performing art.

Attached. The physical connection of two structures sharing any part of a common wall or roof.

Attic. The uninhabitable space between the upper surface of the top floor of a building and the roof above. An attic is not considered a story. Any space accessed solely by means of a hatch, ladder, or Jacob's Ladder through the ceiling of the floor below shall be considered an attic.

Automated Teller Machine (ATM). An unmanned machine that customers use to perform financial transactions including deposits and withdrawals of currency.

Automobile or Motorcycle Wrecking Yards. See Section 37-50.230: Salvage and wrecking operations for this definition.

Automobile Repair. See "Vehicle Repair."

Automobile-related Retail Sales and Services. See "Vehicle-related Retail Sales and Services."

Automobile Sales and Services. See "Vehicle Sales and Service."

Automobile Storage. See "Vehicle Storage."

Automobile Washing. See "Vehicle Washing."

Average Daily Trip (ADT). See Section 37-50.330: Vehicle trip reduction for this definition.

Average Vehicle Ridership. See Section 37-50.330: Vehicle trip reduction for this definition.

A-weighted Decibel (dBA). A numerical method of rating judgment of loudness. The A-weighted scale reduces the effects of low and high frequencies in order to simulate human hearing.

Awning. A roof-like structure, attached to and supported entirely by the exterior wall of a building, often made of canvas or similar material that serves as a shelter over a storefront, window, door, or deck. Also see Article V, Division 3: Signs for this definition.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 22, 5-18-2010; Ord. No. 2581 (NCS), § 2, 12-6-2016; Ord. No. 2605(NCS), § 1, 7-32018)

Sec. 37-10.260. - "B" definitions.

Bakery, Retail. A retail sales facility which offers bakery products only for direct sale to the public and which, as an accessory use, may include the preparation of products normally sold in bakeries, for sale off the premises. Also see "Food and Beverage Sales" and "Restaurant."

Bakery, Wholesale. A bakery or other food store that devotes over ninety percent of its gross floor area to the preparation of bakery products for sale at other locations. Wholesale bakeries may offer bakery products for direct sale to the public.

Balcony. An unenclosed area either recessed or projected from the walls of a building. Balconies are thirty inches or more above grade, are attached to and supported primarily by the exterior wall of the building,

are accessible from the building's interior, and are unenclosed on one or more sides except for a railing or parapet that is not greater than sixty inches high. A balcony is not an accessory structure.

Banner. See Article V, Division 3: Signs for this definition.

Bar. An alcohol sales establishment where the primary use is the sale and on-site consumption of alcoholic beverages and where secondary uses may include food service. The premises may contain a counter upon and over which alcoholic beverages, such as beer, wine, and distilled spirits are served.

Base District or Base Zoning District. A portion of the city within which only certain land uses and structures are permitted and certain standards are established for development of land.

Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be considered a basement unless such floor level qualifies as a first story.

Bedroom. Any habitable room other than a living room, family room, bathroom, dining room, or kitchen shall be considered a bedroom if (1) it has seventy square feet or more of floor area; (2) the minimum horizontal dimension between interior walls is seven feet and the ceiling height is seven feet, six inches or more; and (3) it meets Uniform Building and Housing Code requirements as stated in Chapter 9 of the Salinas Municipal Code.

Bed and Breakfast Inn. A use/structure containing no more than five guestrooms providing transient occupancy for guests for no more than twenty-eight days continuously that is operated by a resident manager on the premises, and has food and beverage service limited to inn guests only.

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-ofway, waterways, or any other barrier to the continuity of development (see Figure 37-10.20).

==> picture [182 x 217] intentionally omitted <==

Figure 37-10.20 Block

Blockface, Neighboring. See Section 37-50.110: Infill residential development in the R-L district.

Boardinghouse or Rooming House. See "Interim Housing."

Bollard. A short post, often placed at intervals to delimit an area or to exclude vehicles.

Bona Fide Eating Place. See "Restaurant."

Breezeway. A structure typically open on one side for the principal purpose of connecting the main building or structure on a property with other main buildings or accessory structures.

Brew Pubs. An establishment in which beer is manufactured in limited quantities for on-site and off-site sales, distribution, and consumption. Also see Section 37-50.030: Alcohol license review for this definition.

Build-to Line. A line along the street edge of lots along which the front facades of buildings must be located.

Building. Any structure built entirely of frame or a more lasting type of construction, having a roof supported by columns, or by walls and intended for shelter, housing, or enclosure of any person, animal, or chattel, but not including any tent or trailer.

Building, Main. The principal structure on a property.

Building, Main Residential. A residential building that is the main building on a residential lot.

Building Exposure. A building wall that is parallel to a public or private street, highway, or designated parking area.

Building Line. See Section 37-50.010: Accessory uses and structures for this definition.

Building or Structure Height. The vertical distance from the average contact grade level of the building grade to the highest point of the coping of a flat form or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs except as otherwise provided for in Section 37-50.110: Infill residential development in the R-L district (see Figure 37-10.30).

==> picture [264 x 200] intentionally omitted <==

Figure 37-10.30 Building Height

Building Materials and Services. Retailing or wholesaling of building supplies and/or equipment and excludes the general manufacturing of such supplies or equipment. This classification includes lumber yards, tool and equipment sales establishments, and building contractor's yards. Excludes establishments devoted exclusively to retail sales of paint and hardware.

Building-mounted Facility. See Section 37-50.290: Telecommunication facilities for this definition.

Building Site. (1) The ground area of one lot, or (2) the ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces, parking, and other requirements of the Zoning Code.

Building Transparency. See "Transparency."

Bulb-out. A traffic-calming measure typically located at intersections and pedestrian crossings that utilizes curbs and plantings near traffic lanes to slow traffic flow.

Bulk Reverse Vending Machine. See "Reverse Vending Machine, Bulk."

Business. A commercial establishment, office, institutional, or industrial use, or home occupation that produces goods or distributes goods and services.

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 1, 4-19-2016)

Sec. 37-10.270. - "C" definitions.

Camper. A structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render as suitable for use as a temporary dwelling for camping travel, recreational, and vacation purposes.

Canopy. A permanent projecting roof-like structure (other than an awning) with or without ground supports extending from part or all of a building face that serves as a shelter over a storefront, window, door, or deck. Also see Article V, Division 3: Signs for this definition.

Caretaker. A person residing in a dwelling unit (manufactured unit included) on a property, whose duties include, but are not limited to, direct care, supervision, or maintenance of the property or uses on the property.

Caretaker's Residence (Permanent). A dwelling unit located on a premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises, and their family.

Caretaker's Residence (Temporary). A dwelling unit containing living quarters and kitchen facilities for

temporarily housing persons responsible for administering, overseeing, or maintaining security for the main use on the site during the construction period.

Carpool. See Section 37-50.330: Vehicle trip reduction for this definition.

Carport. A permanent roofed structure permanently open on at least two sides, which is designed for or occupied by private passenger vehicles.

Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

Cemetery. Land use dedicated to the interment of human or animal remains or cremated remains. May include columbariums, mausoleums, and accessory sales and maintenance facilities, but excludes funeral services.

Central City Overlay, Downtown Core Area. See Article IV, Division 5: Central City (CC) Overlay District.

CEQA. The California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the California Environmental Quality Act guidelines as may be subsequently amended by the state of California.

Chemical Manufacturing/Processing. An industrial process whereby substances are produced from or converted into other substances. In the process, the composition and properties of the starting material are altered.

Chicane. A traffic-calming measure that includes a series of narrowings or curb extensions that alternate from one side of the street to the other forming S-shaped curves. Also called deviations, serpentines, reversing curves, twists, and staggerings (see Figure 37-10.40).

==> picture [228 x 217] intentionally omitted <==

Figure 37-10.40 Chicane

Church. See "Religious Assembly."

Circuses and Carnivals. A temporary attraction including, but not limited to games, eating and drinking facilities, live entertainment (excludes adult entertainment facilities), animal exhibits, souvenir sales, and rides.

City Planner. The officially designated city employee or their designee charged with the responsibility for the interpretation and administration of this Zoning Code. See Section 37-10.160: City planner authority.

Clerestory. An upper portion of a wall or structure containing windows for supplying natural light to a building.

Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, excludes commercial recreation and entertainment. This classification includes union halls, social clubs, and youth centers.

CNEL. See "Community Noise Equivalent Level (CNEL)."

Collector Street. Any street so designated in the Salinas general plan. In comparison to arterial streets, collector streets provide less highly developed level of service at a lower speed for shorter distances by collecting traffic from local streets and connecting them to arterial streets.

Colonnade. A series of columns placed at regular intervals.

Commercial. A land use or activity involving the sale or goods or services for financial gain.

Commercial Recreation. Includes, but is not limited to, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, ice/roller skating rinks, golf courses, miniature golf courses, model courses, shooting galleries, tennis and racquetball courts, amusement centers and arcades, martial arts studios, dance studios, health and fitness clubs, or facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities.

Community Facility. A noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

Community Noise Equivalent Level (CNEL). The average equivalent sound level during a twenty-four-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. Also see "Aweighted Decibel."

Concessions. See Section 37-50.060: Density bonus for this definition.

Conditional Use. Uses which may be permitted, subject to approval of a conditional use permit in accordance with Article VI, Division 8: Conditional Use Permits. Generally, conditional uses are those uses, which have the potential for objectionable operating characteristics or appearance, which may be out of character in a particular zoning district, either of which may make those uses suitable or unsuitable for a particular site or location.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel or real property together with a separate interest in space in a residential, industrial, or commercial building on the real property. A condominium may include, in addition, a separate interest in other portions of the real property.

Condominium Conversion. The subdivision of any existing building and land to allow for condominium form of ownership.

Congregate Housing. Group housing that combines individual living quarters with communal facilities for food, care, and recreation facilities.

Contiguous. The same as "Abut or Abutting."

Convalescent Hospitals. Facilities providing long-term nursing, dietary, and other medical services to convalescents or invalids in an institutional setting but not providing surgery or primary treatment such as are customarily provided in a hospital. Convalescent hospitals include nursing homes and rest homes. Excludes general or specialized hospitals or residential care facilities.

Convenience Store. A retail store of less than five thousand square feet that sells convenience goods, such as pre-packaged food and beverage items, prepared food items for off-site consumption, tobacco, periodicals, and other limited groceries and household items. May include alcohol sales for off-site consumption subject to Section 37-50.030: Alcohol license review and gasoline sales depending upon the use classifications of the applicable zoning district.

uare feet that sells convenience goods, such as pre-packaged food and beverage items, prepared food items for off-site consumption, tobacco, periodicals, and other limited groceries and household items. May include alcohol sales for off-site consumption subject to Section 37-50.030: Alcohol license review and gasoline sales depending upon the use classifications of the applicable zoning district.

Conversion. Changing the original use or purpose of a building to a different use or purpose.

Cornice. A horizontal molded projection that crowns or completes a building or wall.

Crime Prevention through Environmental Design (CPTED). The proper design and effective use of the built environment that can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. CPTED addresses both the physical and psychological aspects of design and incorporates several strategies to create defensible space such as natural surveillance, territoriality, natural access control, and physical security. Also see the safety element of the Salinas general plan for additional discussion.

Cultural Institutions. Institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.

Cupola. A domelike structure mounted on a roof, originally intended for ventilation (see Figure 37-10.50).

==> picture [146 x 193] intentionally omitted <==

Figure 37-10.50 Cupola

(Ord. No. 2463 (NCS).)

Day Care Centers. Facilities approved and licensed by the state, other than family day care homes, that provide nonmedical care on less than a twenty-four-hour basis, including infant centers, preschools, extended day care facilities, adult day care facilities, and elderly day care facilities. Excludes residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.

Day Care Home, Family (Large). A home approved and licensed by the State Department of Social Services which regularly provides care, protection, and supervision for nine to fourteen children, inclusive, in the provider's own home, including children under the age of ten years who reside at the home.

Day Care Home, Family (Small). A home approved and licensed by the State Department of Social Services which regularly provides care, protection, and supervision for eight or fewer children in the provider's own home, including children under the age of ten years who reside at the home.

Day-night Average Level (Ldn). The average equivalent sound level during a twenty-four-hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. Also see "Community Noise Equivalent Level (CNEL)."

Decibel (dBA). A unit for measuring the amplitude of sound, as the human ear hears it. Also see "Aweighted Decibel," and "Community Noise Equivalent Level (CNEL)."

Deck. See Section 37-50.010: Accessory uses and structures for this definition.

Defensible Space. See "Natural Surveillance."

Density Bonus. See Section 37-50.060: Density bonus for this and other density bonus-related definitions. Density Bonus Program Guidelines. See Section 37-50.060: Density bonus for this definition. Density Bonus Units. See Section 37-50.060: Density bonus for this definition.

Density, Gross. The total number of dwelling units divided by the total (gross) area of the property.

Density, Net. The number of dwelling units per acre of developable land exclusive of public and private streets, greenways, land designated as open space on the general plan land use and circulation policy map, drainage and power transmission line easements, and other public and semipublic uses.

Development. (1) Any subdivision pursuant to the Subdivision Map Act except where the land division is brought about in connection with the purchase of the land by a public agency; (2) the division of a parcel of land into two or more parcels; (3) the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; (4) any mining, excavation, landfill, or grading; (5) any use or extension of the use of land; (6) any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures or modifications thereto, which affect the exterior dimensions of a structure, relocation of a building or structure, condominium conversions, mining, dredging, filling, grading, paving, excavation, or drilling operations.

rading; (5) any use or extension of the use of land; (6) any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures or modifications thereto, which affect the exterior dimensions of a structure, relocation of a building or structure, condominium conversions, mining, dredging, filling, grading, paving, excavation, or drilling operations.

Development Agreement. An agreement entered into between the city and a contracting party that relates to a specific real property, subject to the terms of the agreement, pursuant to the provisions of this Zoning

Code and Article 2.5, Chapter 4, Division 1 of Title 7 of the California Government Code.

Development Approval. See Section 37-50.330: Vehicle trip reduction for this definition.

Development Standard. See Section 37-50.060: Density bonus for this definition.

Disability. A physical or mental impairment that substantially limits one or more of the major life activities of individuals, and there is a record of such an impairment or the individual is regarded as having such an impairment. It is the intent of this definition to substantially comply with the term "disability" as defined by the Federal Americans with Disabilities Act of 1990, as may be amended from time to time.

Disaster Shelter. Limited term facility providing shelter and other basic living necessities following a local emergency as defined in Chapter 11A: Emergency Organization and Functions, including such facilities organized in conjunction with a "state of emergency" proclaimed by the Governor or other authorized state or federal official. For the purpose of this definition, "limited term" means not longer than eighteen consecutive months. Excludes "emergency shelter" and "transitional housing" as defined in Article 1, Division 2: Definitions.

Dormer. A window, which is set vertically on a sloping roof. The dormer has its own roof, which may be flat, arched, or pointed.

Downtown Alcohol-related Use License Area. See Section 37-50.030: Alcohol license review for this definition.

Drive-through or Drive-in Use. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated in a vehicle including, but not limited to, drive-through or drive-in food, financial services, and automatic or self-serve car washes.

Driveway. A private roadway or travelway and its access point from a public street for the exclusive use of the occupants of a property and their guests, and which provides vehicular access to required parking spaces or structures or uses on a site.

Dwelling or Dwelling Unit. A room or suite of two or more rooms with internal circulation, designed for use by one family for living or sleeping purposes, and having only one kitchen or kitchenette. Dwelling or dwelling unit includes single-family attached and detached dwelling units, duplex, triplex, and multifamily dwelling units, multiple detached dwelling units, and green court dwelling units. Excludes hotels, motels, boarding houses, nursing homes, rest homes, children's homes, or hospitals.

Dwelling, Duplex. A building that contains two attached dwelling units on one lot. The units must share a common wall or common floor/ceiling (see Figure 37-10.70). Excludes second dwelling units.

==> picture [312 x 145] intentionally omitted <==

Figure 37-10.70 Duplex Dwellings

Dwelling, Efficiency Unit, or Studio. Any habitable room having cooking and bathroom facilities and is intended or designed to be used for combined living, dining, and sleeping purposes.

Dwelling, Green Court. A single-family unit developed in a cluster with other such units and usually containing a front porch that faces onto a common green (see Figure 37-10.80).

==> picture [336 x 145] intentionally omitted <==

Figure 37-10.80 Green Court Dwellings

Dwelling, Multifamily. A building that contains three or more dwelling units that share common walls or floor/ceilings. The land under the building or units is not divided into separate lots. The units may have separate or joint entrances, and typically have common parking and open space areas. Multifamily dwellings include garden apartments, apartment buildings, and condominiums (see Figure 37-10.100). Excludes second dwelling units.

==> picture [336 x 159] intentionally omitted <==

Figure 37-10.100 Multifamily Dwellings

Dwelling, Multiple Detached. A grouping of two or more detached residential buildings where each building contains one or more dwelling units. The land underneath the buildings is not divided into separate lots. A multiple detached dwelling development typically may include an existing single-dwelling detached dwelling with one or more new detached dwellings (excludes second dwelling units) located on the same lot. The key feature of this type of dwelling is that there is no requirement for the dwellings or structures on the site to be attached or of the same type (see Figure 37-10.90).

==> picture [337 x 142] intentionally omitted <==

Figure 37-10.90 Multiple Detached Dwellings

Dwelling, Single-family Attached. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. Each dwelling unit is located on its own lot. The common or abutting wall between the units shall be at least fifty percent of the length of the units. An attached single-family dwelling typically does not share common floor/ceiling with other dwelling units; rather the units are attached horizontally in a linear arrangement. A single-family attached dwelling is also called a rowhouse, townhouse, or common wall house (see Figure 37-10-60).

. The common or abutting wall between the units shall be at least fifty percent of the length of the units. An attached single-family dwelling typically does not share common floor/ceiling with other dwelling units; rather the units are attached horizontally in a linear arrangement. A single-family attached dwelling is also called a rowhouse, townhouse, or common wall house (see Figure 37-10-60).

Dwelling, Single-family Detached. A residential building containing one dwelling unit on one lot (see Figure 37-10.60). Single-family lot may also include one second dwelling.

==> picture [240 x 327] intentionally omitted <==

Figure 37-10.60 Single-family Dwellings (Detached and Attached)

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 2, 11-13-2012; Ord. No. 2581 (NCS), § 3, 12-6-2016)

Sec. 37-10.290. - "E" definitions.

Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit from over or across such land.

Elevation (Building). A drawing showing the elements of the exterior of a building as a direct projection to a vertical plane.

Emergency Shelters—Type A. Short term housing with minimal supportive services for individuals lacking a fixed, regular and adequate nighttime residence, including those whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, but excluding individuals imprisoned or otherwise detained pursuant to an Act of the Congress or the laws of a state. For the purpose of this definition, "short term" means not longer than one hundred eighty days residency for any individual within a three hundred sixty-five day period. To qualify as a type A emergency shelter, facility shall comply with the applicable development regulations specified in Section 37-50.305: Emergency shelters. Excludes "disaster shelter" and "transitional housing" as defined in Article 1, Division 2: Definitions.

Emergency Shelters—Type B. Same as emergency shelters—type A except as to the applicable development regulations specified in Section 37-50.305: Emergency shelters.

Employee Housing. Dwellings and other housing accommodations provided and maintained by an employer for employees in connection with work or the place where work is being performed, whether or not rent is involved. Employee housing may be developed or managed by a party other than the employer, provided the employer retains control and ultimate responsibility for the facility. Housing for agricultural workers is also considered employee housing. Employee Housing does not include school district or community college district housing, which is defined and regulated in Sections 37-10.430 and 37-50.235.

volved. Employee housing may be developed or managed by a party other than the employer, provided the employer retains control and ultimate responsibility for the facility. Housing for agricultural workers is also considered employee housing. Employee Housing does not include school district or community college district housing, which is defined and regulated in Sections 37-10.430 and 37-50.235.

Employee Housing, Agricultural. Employee housing for agricultural workers consisting of no more than either thirty-six beds in group quarters on one lot, or twelve dwelling units or spaces designed for use by a single household on one lot. For the application of this chapter's regulations, agricultural employee housing is treated in the same way as other agricultural uses are treated in the same zoning district. Permitted occupancy in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. For the purposes of this land use, agricultural workers are those engaged in agriculture and in agricultural produce processing, as both terms are defined herein.

Employee Housing, Small Project. Employee housing providing accommodation for no more than a total of six employees on one lot, which can include housing for agricultural workers. For the application of this chapter's regulations, small project employee housing is treated in the same way as single-family detached dwellings are treated in the same zoning district.

Employee Housing, Medium Project. Employee housing providing accommodation for a total of seven up to fourteen employees, which can include agricultural workers. For the application of this chapter's regulations, medium project employee housing with seven to fourteen employees on one lot may be permitted in any RL or RM residential district subject to approval of an Administrative Conditional Use Permit pursuant to Section 37-60.500. Medium project employee housing with seven to fourteen employees per dwelling unit may be permitted in any RM residential district subject to approval of a Nonadministrative Conditional Use Permit pursuant to Section 37-60.505.

Entertainment, Live. A musical, theatrical, dance, karaoke, cabaret, or comedy act performed by one or more persons. Any form of dancing by patrons or guests at a restaurant or bar is live entertainment. Excludes adult entertainment facility or adult entertainment establishment.

Enforcement Officer. Unless otherwise specified, the city planner.

Environmental Impact Report (EIR). A report that describes and analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act (CEQA).

Environmental Review. The process of determining the impact of proposed projects on the environment. The review process shall be carried out in accordance with the California Environmental Quality Act, CEQA guidelines, and the applicable city guidelines.

Equipment, Heavy. See Section 37-50.190: Recreational vehicles, prohibited vehicles, and equipment parking and storage for this definition.

Equipment Sales, Services, and Rentals. Sales, services, or rental of equipment including, but not limited to, construction equipment and agricultural equipment.

Excavation. The process of altering the natural grade by cutting or filling the earth or by any activity in which soil or rock is cut, dug, quarried, uncovered, removed, displaced, or relocated.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 3, 11-13-2012; Ord. No. 2623 (NCS), § 1, 11-5-2019; Ord. No. 2656 (NCS), § 1, 5- 10-2022)

Sec. 37-10.300. - "F" definitions.

Facade. That portion of any exterior elevation on the building extending from grade to top of parapet, wall, or eaves, and the entire width of the building elevation.

Facade, Street. Those portions of a building facade, including porches, that face and are most closely parallel to the front or street lot line.

Facility. (1) The total of all buildings, structures, and grounds encompassing a development site; or (2) a structure, improvement, or place, which is built, installed, or established for a particular purpose including but not limited to bicycle/pedestrian and parking facilities.

Facilities Trip Reduction Plan. See Section 37-50.330: Vehicle trip reduction for this definition.

Family. Any group of individuals living together based on personal relationships. Excludes larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, and nunneries, nor does it include such commercial group living arrangements as congregate housing, boardinghouses, lodging houses, and employee housing.

Family Day Care Home. See "Day Care Home, Family."

Fascia. A flat usually horizontal member of a building having the form of a flat band or broad fillet used as a molding covering the joint between the top of a wall and the projecting eaves. Also see Article V, Division 3: Signs for this definition.

FAR. See "Floor Area Ratio."

Fence. See Section 37-50.090: Fences, walls, and hedges.

File. To formally submit plans, applications, appeals, complaints, requests, or other documents with a governmental agency, private firm, or individual.

Financial Services. A commercial land use involved with the exchange of money and services related to the financial system.

First Approval. See Section 37-50.060: Density bonus for this definition.

Fitness Centers. A commercial recreation use in which a range of indoor and/or outdoor fitness activities and classes are offered for a fee, such as weight training, aerobics, gymnastics, swimming, and racquet

sports.

Floor Area, Gross. The total enclosed area of all floors of a building, measured to the outside face of the structural members and exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas. Does not include enclosed parking areas.

Floor Area Ratio (FAR). The gross floor area of a building(s) on a lot divided by the area of the lot (see Figure 37-10.110).

==> picture [216 x 280] intentionally omitted <==

Figure 37-10.110 FAR

Freeway. Any road so designated in the general plan. Freeways are essentially expressways with fully controlled access, providing regional connectivity to neighboring cities.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption, and no customer seating or other physical accommodation is provided for on-site dining. Typical uses include groceries, liquor stores, and retail bakeries. Excludes convenience stores.

Food Products Processing. An industrial use that involves the preparation, processing, canning, pickling, preserving, or cooking, and packaging of food products for human consumption. Excludes agricultural produce processing.

Food Truck. See Section 37-50.095: Food Trucks for this definition.

Fortunetelling. A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortunetelling shall be limited to uses where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship,

necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading, or any similar means. Excludes forecasting based on historical trends or patterns, religious or political dogma, or any of the previously listed arts when presented in an assembly of people who purchase tickets or means in exchange for the presentation at a site licensed for such purpose.

Funeral Services. Establishments primarily engaged in the preparation of the deceased for burial or cremation, the temporary display of the deceased, cremations, accessory retail sales, and rituals connected with the burial or cremation.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 22, 5-18-2010; Ord. No. 2623 (NCS), § 2, 11-5-2019; Ord. No. 2649 (NCS), § 1, 9- 21-2021)

Sec. 37-10.310. - "G" definitions.

Gable. The generally triangular section of wall at the end of a pitched roof, occupying the space between the two slopes of the roof.

Garage. An enclosed accessory building, or portion of a building, used for the parking or temporary storage of motor vehicles and recreational vehicles for the occupants of the premises.

General Plan. The Salinas general plan, as amended from time to time.

Government Offices. Administrative, clerical or public contact offices of a government agency, including postal facilities, together with incidental storage.

Grading. An excavation, filling in, re-engineering, spreading, or moving of earth, sand, gravel, rock, or other natural material on a lot, building site, street right-of-way, or other land area.

Grand Opening. See Article V, Division 3: Signs for this definition.

Granny Unit. See "Dwelling, Second."

Gross Vehicle Weight Rating (GVWR). The weight specified by the manufacturer of a vehicle as the loaded weight of a single vehicle.

Ground Floor. The floor of a building, which is nearest the surrounding surface of the ground, and is usually considered to be the first floor.

Guests. See Section 37-50.030: Alcohol license review.

(Ord. No. 2463 (NCS).)

Sec. 37-10.320. - "H" definitions.

Habitable Room. Any room designed for sleeping or living purposes. Excludes such spaces as closets, garages, bathrooms, hallways, unfinished attics, foyers, patios, storage spaces, and utility rooms.

Hangar. A shed or shelter, particularly a structure for the shelter, service, or repair of aircraft.

Hangar, Commercial. A hangar in which any person, firm, corporation, or association may conduct any aeronautical business on the airport.

Hangar, Corporate. A hangar housing one or more aircraft for the personal or business use of the hangar owner or lessee, and where no commercial activities are allowed to be conducted.

Hangar, Multiple T. A hangar composed of partitioned, nested units designed to house no more than one aircraft in each unit and having single door openings for each unit and where no commercial activities are allowed to be conducted.

Hazardous Waste. See "Waste, Hazardous."

Hazardous Waste Transfer Station. See "Transfer Station, Hazardous Waste."

Heavy Equipment. See Section 37-50.190: Recreational vehicles, prohibited vehicles, and equipment parking and storage for this definition.

Hedge. A row of bushes or small trees or similar vegetation planted close together to form a barrier enclosing or bordering a yard, boundary, or an object (or any portion thereof). Also see Section 37-50.090: Fences, walls, and hedges.

Height, Building or Structure. See "Building or Structure Height."

Height, Wall. See Section 37-50.090: Fences, walls, and hedges.

Hip. The external angle formed by the meeting of two sloping sides or skirts of a roof, which have their wall plates running in different directions.

Hierarchy. A clearly defined ranking of places within a given area.

Home Occupation. See Section 37-50.100: Home occupations for this definition.

Hospital. An institutional land use consisting of a facility licensed by the State Department of Public Health for the provision of clinical and temporary or emergency service for human patients in need of medical, obstetrical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services, including inpatient, outpatient, and overnight care.

Hotel. A commercial land use providing transient occupancy for guests for twenty-eight or fewer days in a building or portion thereof in which access is provided through a common entrance, lobby, or hallway, and which contains six or more guest rooms.

Hotel, Extended Stay. A commercial land use providing transient occupancy for guests for twenty-eight or fewer days, or longer than twenty-eight days subject to payment of transient occupancy tax per Salinas Municipal Code Section 32-22, in a building or portion thereof in which access is provided through a common entrance, lobby or hallway and which contains six or more guest rooms.

Housing Code. As defined in Chapter 9 of the Salinas Municipal Code.

Housing Development. One or more groups of residential projects.

(Ord. No. 2463 (NCS).)

Sec. 37-10.330. - "I" definitions.

Illegal On-premises Advertising Display. See Section 37-50.660: Nonconforming sign abatement for this definition.

Improvement. Infrastructure and all related appurtenances, bridges, utilities, pedestrian ways, bikeways, equestrian trails, landscaping and irrigation, and related facilities in connection with an approved development or public works project, whether involving the subdivision of land or not.

Incentives. See Section 37-50.060: Density bonus for this definition.

Indirect Illumination. See Article V, Division 3: Signs for this definition.

Interior Illumination. See Article V, Division 3: Signs for this definition.

Industrial Complex. A combination of industrial and/or heavy commercial establishments, the perimeter of which is clearly definable, developed on a single parcel or continuous parcels of land, planned and developed as a single unit, and providing shared on-site parking.

Industry, General. Manufacturing of products, primarily from extracted or raw materials, the bulk storage and handling of such products and materials, or the processing of food items. General industrial uses typically include: production, fabrication, processing, or manufacturing outside an enclosed building; outdoor storage of bulk fuel or other materials; manufacturing uses involving primary production of commodities from raw materials; a high incidence of truck or rail traffic; and exhaust stacks and other exterior piping or ductwork. May include associated research laboratories. Excludes chemical manufacturing/processing. Examples of general industrial may include, but are not limited to, the following:

(a)

Agricultural produce processing;

(b)

Concrete manufacturing;

(c)

Container manufacturing;

(d)

Food products manufacturing;

(e)

Furniture manufacturing;

(f)

Machinery manufacturing;

(g)

Paper products manufacturing;

(h)

Pharmaceuticals manufacturing;

(i)

Primary metal, plastic, and wood products manufacturing;

(j)

Textile manufacturing; or

(k)

Wineries.

Industry, Limited. Assembly of finished parts or products from already manufactured components, fabrication, packaging, warehousing, distribution, and shipping. Limited industrial uses typically include: activity conducted entirely within an enclosed building; the absence of outdoor storage of bulk fuel or other materials; a low incidence of truck or rail traffic; and the absence of exhaust stacks and other exterior piping or ductwork. May include associated research laboratories. Examples of limited industry may include, but are not limited to, the following:

(a)

Apparel manufacturing;

(b)

Biotechnology firms;

(c)

Computer and electronic manufacturing;

(d)

Paper products finishing; or

(e)

Product assembly.

Inoperable Vehicle and Equipment. See Section 37-50.190: Recreational vehicles, prohibited vehicles, and equipment parking and storage for this definition.

Institutional. See "Public and Semipublic Uses."

Instructional and Educational Services. See Section 37-50.100: Home occupations for this definition.

Interim Housing. Shared living quarters, with or without separate kitchen and bathroom facilities for each room or unit, intended to meet short-term shelter and/or other immediate needs. Examples of interim housing may include, but are not limited to, the following:

(a)

Emergency shelters, type A and type B;

(b)

Fraternities;

(c)

Dormitories;

(d)

Disaster shelters;

(e)

Sororities;

(f)

Boardinghouses/rooming houses; or

(g)

Halfway houses.

Interim housing does not include residential care facilities, day care homes, family day care centers, convalescent hospitals, hotels, motels, bed and breakfast inns, or single room occupancy housing.

Internal Circulation. A structural connection between two portions of a structure designed to provide for circulation between habitable portions of a structure without circulation out of doors or through nonhabitable areas such as a garage, or through areas not normally used for interior circulation, such as laundry rooms, bathrooms, and mechanical rooms.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 6, 11-13-2012; Ord. No. 2623 (NCS), § 3, 11-5-2019)

Sec. 37-10.340. - "J" definitions.

Junk Yard. See "Salvage and Wrecking Operations."

(Ord. No. 2463 (NCS).)

Kiosk, Permanent. A freestanding structure with a foundation located on private property not exceeding a maximum size of one hundred square feet and compatible in design with other existing uses and buildings in the vicinity. Operated for the purpose of vending food, drink, retail goods, or services.

Kiosk, Temporary or Semi-permanent. A freestanding, temporary or semi-permanent structure having one or more open air sides, operating on either private property or public rights-of-way and plazas, not exceeding a maximum of sixty square feet and compatible in design with other existing uses and buildings in the vicinity. Operated for the purpose of vending food, drink, retail goods, or services.

Kitchen or Kitchenette. Any room or part of a room, which is designed, built, used, or intended to be used for food preparation (including but not limited to cooking or dishwashing activities). Excludes a bar, butler's pantry, or similar room adjacent to or connected with a kitchen.

(Ord. No. 2463 (NCS).)

Sec. 37-10.360. - "L" definitions.

Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services.

LAFCO. Local agency formation commission of Monterey County.

Landscaping. An area devoted to, or developed and maintained with, native or exotic plantings, lawn, groundcover, gardens, trees, shrubs, and other plant materials, decorative treatments such as outdoor landscape surfaces of rock, stone, brick, block, wood, or similar decorative material (excludes driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.

Landscaping, Perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area. Excludes driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas) (see Figure 37-10.120).

==> picture [364 x 348] intentionally omitted <==

Figure 37-10.120 Perimeter Landscaping Shaded areas denote areas of perimeter landscaping. Not to Scale.

Landscaping, Xeriscape. See "Xeriscape."

Lattice Tower. See Section 37-50.290: Telecommunication facilities for this definition.

Laundry or Dry Cleaning, Limited. An establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This may include self-service or coin-operated facilities.

Laundry, Unlimited. An establishment where large quantities of clothes and other fabrics are washed and/or ironed or dry-cleaned but are collected and delivered primarily by laundry employees. Excludes laundries or limited dry cleaning.

Ldn. See "Day-night Average Level (Ldn)."

Live-work Units. See Section 37-50.130: Live-work units.

Local Street. Any street not defined as an arterial, collector, or freeway. Local streets primarily provide access to land with little or no through vehicle movements and typically have smaller street cross section

widths and lower traffic volumes and speeds. Traffic calming may be used on local streets to reduce vehicle speeds and/or to improve conditions for pedestrians and bicyclists.

Logo. A registered trademark, copyright, brand name, or symbol of an organization or business designed for ready recognition by the public.

Lot or Parcel. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record-of-survey map, or by metes and bounds, for purpose of the sale, lease, or separate use.

Lot Area, Gross. The total area (measured in a horizontal plane) included within the boundary lines of a lot.

Lot Area, Net. The total area (measured in a horizontal plane) included within the boundary lines of a lot minus any area taken up by surface easements or rights-of-way over the lot, such as areas designated as open space on the general plan, streets, bikeways, open channel storm drains, etc.

Lot Cluster. Two or more adjacent lots having a single uninterrupted perimeter boundary enclosing all of the lots.

Lot Coverage. The percentage of a lot that is covered by a structure or structures including second dwelling units, attached and detached accessory structures, and enclosed porches and patio covers. Excludes projected roof overhangs of a structure, unenclosed patios and porches, and flat work such as paved driveways, sidewalks, pathways, decks, and patios.

Lot, Corner. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees. The front yard of corner lot shall adjoin the shortest street property line. Where street property lines are substantially the same length, the city planner shall determine the location of the front yard (see Figure 37-10.130).

==> picture [321 x 216] intentionally omitted <==

Figure 37-10.130 Lot Types

Lot Depth. The mean horizontal distance between the front and the rear lot lines, or between the front lot line and intersection of the two side lot lines, if there should be no rear lot line (see Figure 37-10.140).

==> picture [240 x 201] intentionally omitted <==

Figure 37-10.140

Lot Depth and Width

Lot, Double-frontage. An interior lot having frontage on more than one street with a street (right-of-way) greater than thirty feet. Each frontage with permitted access shall be deemed a front lot line unless otherwise determined by the city planner (see Figure 37-10.130).

Lot, Frontage. The length of that portion of a lot abutting a street (see Figure 37-10.130).

Lot, Interior. A lot other than a corner lot (see Figure 37-10.130).

Lot Line. A line separating one lot from another or from a public right-of-way or private street.

Lot Line Adjustment. A shift or rotation of an existing lot line between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the adjustment is approved in accordance with Article VI, Division 6: Lot Line Adjustments.

Lot Line, Front. A lot line abutting a street. The front lot line shall be the shorter of the two frontages on a corner lot (see Figure 37-10.130).

Lot Line, Rear. A lot line, not intersecting a front lot line, which is most distant and most closely parallel to the front lot line (see Figure 37-10.130).

Lot Line, Side. A lot line that is not a front lot line or a rear lot line (see Figure 37-10.130).

Lot Line, Street. A lot line abutting a street (see Figure 37-10.130).

Lot Width. The average width of the lot, measured at right angles to the line measuring its depth twenty feet from the front lot line and twenty feet from the rear lot line (see Figure 37-10.140).

Lower Income Households. See Section 37-50.060: Density bonus for this definition.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 7, 11-13-2012; Ord. No. 2623 (NCS), § 4, 11-5-2019)

Maintenance and Repair Services, Major. Facilities providing equipment maintenance and repair services and materials storage areas. The classification includes, but is not limited to, corporation yards and equipment service centers. Excludes facilities devoted primarily to the repair of vehicles.

Maintenance and Repair Services, Minor. Establishments providing appliance repair, office machine repair, or building maintenance services. Excludes the maintenance and repair of motor vehicles.

Manufactured Housing. A single-family dwelling that is factory-fabricated, built in one or more sections, complies with regulations adopted by the state of California Department of Housing and Community Development, and designed to be transported and affixed to a permanent foundation.

Marine Sales and Services. Establishments providing marine supplies, equipment, and service for commercial and pleasure boating.

Marquee. See "Canopy."

Massing. The arrangement of a building's major elements.

Maximum Residential Density. See Section 37-50.060: Density bonus for this definition.

Meals. See Section 37-50.030: Alcohol license review.

Mini-warehousing or Mini-storage. See "Warehousing and Storage, Limited."

Mixed Use Building. A structure containing both residential and pedestrian-oriented commercial uses (including retail, restaurants, offices, services, and similar uses deemed compatible with residential uses). The commercial use or uses are typically located on the ground floor of the structure with the residential dwellings predominantly located on the second or higher floors.

Mixed Use Development. A project with both residential and nonresidential uses located on the same lot or site. With this type of development, there is no requirement that the residential and the nonresidential uses be located in the same building. Prohibited commercial uses in mixed residential developments include vehicle-related uses including repair, sales, services, storage, and washing; live entertainment; commercial recreation; animal sales and services; major maintenance and repair services; pawn shops; tattoo and/or body-piercing parlors; industrial uses, and other uses deemed inappropriate by the city planner due to potential adverse land use impacts.

Mobile Recycling Unit. See Section 37-50.210: Recycling facilities for this definition.

Mobilehome. A manufactured dwelling unit capable of being transported to a site on a trailer or on wheels and not designed to be affixed to a permanent foundation. A mobilehome is not considered a building, as defined by the Uniform Building Code.

Mobilehome Park. An area or tract of land designed for the occupancy of mobilehomes, either rented or offered for rent. The land under the mobilehomes is not divided into separate lots. Mobilehome park does not include a recreational vehicle park or a subdivision with manufactured housing.

Moderate Income Households. See Section 37-50.060: Density bonus for this definition.

Monopole. See Section 37-50.290: Telecommunication facilities for this definition.

Motel. A commercial land use providing transient occupancy for guests for twenty-eight or fewer days in one or more buildings on the same lot. The buildings contain guest rooms or dwelling units or both, which are usually individually and independently accessible from outside the building. Motel includes motor lodge, tourist court, motor hotel, or any other designation intended to identify the premises as providing for rental or overnight accommodation for guests.

Motel, Extended Stay. A commercial land use providing transient occupancy for guests for twenty-eight or fewer days, or longer than twenty-eight days subject to payment of transient occupancy tax per Salinas Municipal Code Section 32-22, on one or more buildings on the same lot. The buildings contain guest rooms or dwelling units or both, which are usually individually and independently accessible from outside the building. Motel includes motor lodge, tourist court, motor hotel, or any other designation intended to identify the premises as providing for rental or overnight accommodation for guests.

Motor Home. A portable dwelling designed and constructed as a self-propelled vehicle for camping, travel, recreation, and vacation purposes.

Motor Vehicle. See "Vehicle."

Motor Vehicle Repair, Major. See "Vehicle Repair, Major."

Motor Vehicle Repair, Minor. See "Vehicle Repair, Minor."

Motor Vehicle Storage. See "Vehicle Storage."

Multifamily Dwelling. See "Dwelling, Multifamily."

Multimodal. Pertaining to or accommodating more than one mode of transportation, such as bicycle, pedestrian, automobile, bus, rail, tram, or air travel.

Mural or Mural Exhibit. See Section 37-50.150: Mural exhibits.

(Ord. No. 2463 (NCS).)

Sec. 37-10.380. - "N" definitions.

National Pollutant Discharge Elimination System (NPDES). A national program implemented locally in conjunction with the California Water Quality Control Board for administering and regulating select provisions of the Clean Water Act.

Natural Surveillance. Natural surveillance is a design concept directed primarily at creating environments where there is plenty of opportunity for the intended users of a project and people engaged in their normal behavior to observe the space around them (also known as defensible space).

Node. A center of activity, often at an intersection of major streets.

Nonconforming. A building, structure, parking lot, sign, landscaping, use, or activity that was lawfully established but which, due to the application of this Zoning Code, no longer conforms to existing regulations.

Non Sight-obscuring. See Section 37-50.090: Fences, walls, and hedges for this definition.

Nonrestricted Units. See Section 37-50.060: Density bonus for this definition.

Nuisance. Anything that interferes with the use or comfortable enjoyment of property or life or which is offensive to the senses.

Nursery. The retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer.

Nursing Homes. See "Convalescent Hospitals."

(Ord. No. 2463 (NCS).)

Sec. 37-10.390. - "O" definitions.

Office, Business and Professional. Offices or firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, engineering, real estate, insurance, investment, legal, psychological, and medical/dental laboratories incidental to an office use. Excludes banks, savings and loan associations, and similar financial institutions, and dental and medical offices.

Office, Medical and Dental. Offices and clinics used for the practice of medicine, chiropractic, dentistry, optometry, podiatry, and various forms of physical therapy. Excludes the overnight care of a patient.

Off-sale Alcohol-related Use. See "Alcohol-related Use, Off-sale (Off-premises Consumption)."

Off-street Loading Facilities. A site or a portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials.

Off-street Parking. A site or portion of a site, including parking spaces, aisles, access drives, and landscaped areas, devoted to the parking of motor vehicles.

On-premises Advertising Display. See Section 37-50.660: Nonconforming sign abatement for this definition.

On-sale Alcohol-related Use. See "Alcohol-related Use, On-sale (On-premises Consumption)."

Open Space. Lands, both public and private, provided for the preservation of natural resources, hillsides, and creeks; as well as open space for the protection of public health and safety, including natural floodways and stormwater retention areas. Excludes areas devoted to parking or vehicular traffic.

Open Space, Usable. An accessible portion of a lot, including decks, swimming pools, balconies, and the like, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space

shall not include the floor area of any building other than unenclosed accessory structures designated or used for open space or recreational purposes, any parking spaces, parking lots, or driveways, except as provided in this section, service areas, or slopes over ten percent, and shall not have any dimension less than ten feet, except decks or balconies, which shall not have any dimension less than six feet to qualify as usable open space. Where decks are private in nature or are for the general use of tenants residing on the property and do not serve primarily as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this Zoning Code. Usable open space does not include required front or corner side yards. For lots with single-family detached dwellings, the portions of the driveway that serve a required detached garage and which are located a minimum of forty feet from the front property line of the lot and which meets the minimum size dimensions above may be counted as usable open space.

Outdoor Facilities. Any business enterprise, temporary use, sales or service, storage, or activity conducted outside an enclosed building.

Outdoor Storage, Permanent. See "Storage, Outdoor (Permanent)."

Outdoor Storage, Temporary. See "Storage, Outdoor (Temporary)."

Overlay District. A certain portion of the city wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 22, 5-18-2010)

Sec. 37-10.400. - "P" definitions.

Parapet. A low protective wall along the edge of a raised structure such as a roof or balcony.

Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces.

Park-and-ride Lot. See Section 37-50.330: Vehicle trip reduction for this definition.

Parking, Bicycle. Any combination of facilities, including bicycle racks, bicycle lockers, and bins that are designated for the parking, security, and convenient use of bicycles. Bicycle parking facilities are usually conveniently located close to building entrances and locations that provide maximum visibility. At employee destination areas, bicycle parking may also include showers and changing areas for bicyclists.

Parking, Off-site. Any parking lot or structure for the temporary storage, less than twenty-four hours, of motor vehicles, which serves a use or uses which are located on a different legal lot of record from that of the parking lot or structure and do not directly abut the lot served.

Parking, On-street. A parking space for a motorized vehicle that is located within the street right-of-way.

Parking, Off-street Loading Facilities. See "Off-street Loading Facilities."

Parking, Shared. A public or private parking area used jointly by two or more uses.

Parking, Tandem. The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space.

Parking Lot, On-site. A site or a portion of a site, devoted to the temporary off-street parking of vehicles, including parking spaces, aisles, access drives, pedestrian walkways, and landscaped areas, and providing vehicle access to a public street.

Parking Space. A readily accessible area maintained exclusively for the parking of one motor vehicle. The parking space may be either within a structure or in the open and does not include driveways, ramps, loading or working areas, and conforms to dimensions and purposes established in this Zoning Code.

Parking Structure. A structure or portion thereof composed of one or more levels or floors primarily used for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade.

Parkway or Park Strip. A piece of land separating the pedestrian from vehicle traffic on a street, located between the rear of a curb and the front of a sidewalk.

Patio. A paved or decked area that may be attached or detached from a structure and may be covered or uncovered. A patio shall not be used as a habitable room or as a parking space for vehicles.

Pawn Shop. A commercial establishment that engages in the business of loaning money on the security of personal property pledged or deposited, including the purchase or sale of such personal property.

Pedestrian-oriented or Friendly. Development that is designed with a primary emphasis on the street sidewalk and facilitating pedestrian access to the site and building rather than on auto access and parking areas. Buildings in such developments are generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows and display areas along the street facades of buildings and outdoor areas (such as plazas) that are oriented to pedestrians. Although parking areas may be provided, they are not emphasized by the design of buildings.

Pedestrian-scaled. Designed to be accessible to pedestrians, as opposed to automobiles.

Pedestrian Walkway. Prepared exterior routes designed to provide pedestrian accessibility and includes plazas, courtyards, paths, and trails that connect uses and neighborhoods with each other and with other community destinations such as schools, parks, retail uses, and other services.

Permanent Cosmetic Facial Shading. A process by which permanent facial cosmetics are placed by the implantation of tints to the skin of the human face along the natural brow line, eyelash lines, cheeks, or lips to define or enhance the natural coloration of such facial features. Excludes the implantation of any image, including, but not limited to: letters, figures, symbols, or any other design, mark, or picture that would not normally appear on a human face and any type of facial or body piercing where a permanent hole is punctured through the skin or other body part to accommodate the insertion of jewelry or similar items. The use is typically an accessory use to a beauty salon.

Permit. A document issued by the city of Salinas pursuant to the provisions of the Salinas Zoning Code authorizing specific activities, uses, or structures together with the conditions upon which such permit is issued, and the plans, specifications, reports, and approved modifications pertaining thereto.

Permitted. Refers to a use or structure that is allowed without the requirement for approval of a discretionary permit. However, some permitted uses and structures may require approval of nondiscretionary permits, such as site plan review, temporary use of land permits, home occupation permits, large family day care home permits, building permits, etc.

Personal Improvement Services. Services or facilities including, but not limited to, music or photography lessons, fine arts, crafts, driving schools (excludes truck driving schools), and diet centers.

Personal Services. A commercial land use providing recurrently needed services of a personal nature. Personal services generally include barbershops, beauty and nail salons (including permanent cosmetic facial shading), day spas, seamstresses, tailors, shoe repair shops, photo processing, and photographic studios.

Planned Unit Development. A discretionary permit issued in accordance with Article VI, Division 13: Planned Unit Development Permits.

Plaza. An open space area that is wholly or partly enclosed by buildings and has pedestrian-oriented amenities typically located at ground level and is readily accessible to the public.

Porch. See Section 37-50.010: Accessory uses and structures for this definition.

Portico. A porch or walkway with a roof supported by columns, often leading to the entrance of a building.

Pre-existing. In existence prior to the effective date of the zoning regulations codified in this Code, as amended.

Precise Plan. See Article IV, Division 2: Specific Plan (SP) Overlay District.

Premises. A lot or parcel, together with all related buildings, structures, open spaces, and parking areas.

Principal Structure. The primary structure(s) within which is conducted the principal use of the lot.

Principal Use. The primary and predominate use on any lot.

Printing and Publishing, Limited. The preparation of camera-ready artwork, and text, photocopying, printing (including banners and similar signs), and binding not exceeding five thousand square feet in floor area.

Printing and Publishing, Unlimited. The preparation of camera-ready artwork and text, photocopying, printing, and binding in a building exceeding five thousand square feet.

Prohibited Vehicle. See Section 37-50.190: Recreational vehicles, prohibited vehicles, and equipment parking and storage for this definition.

Property Line. A line separating lots of real property having separate legal descriptions, or which separates a lot from a public right-of-way. Also see "Lot Line."

Property Line, Street. See "Lot Line, Street."

Public Art. A sculpture, painting, fountain, or similar object that is sited within a development or public area as a focal point and is intended for the enjoyment of the general public.

Public and Semipublic Uses. A class of uses generally open to the public and maintained and supported by public or nonprofit agencies or organizations and which are of a recreational, civic, educational, religious, institutional, or cultural nature.

Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.

Public Utility Service Yard. A premises used for the warehouse, storage yard, or vehicle and equipment maintenance of a public utility. Public utility service yard may include one or more of any of the following: office, microwave, radio, cable, or other communications equipment.

(Ord. No. 2463 (NCS).)

Sec. 37-10.410. - "Q" definitions.

Qualifying Residents. See Section 37-50.060: Density bonus for this definition.

(Ord. No. 2463 (NCS).)

Sec. 37-10.420. - "R" definitions.

Railing. See Section 37-50.010: Accessory uses and structures for this definition.

Recreation, Commercial. See "Commercial, Recreation."

Recreational Vehicle. See Section 37-50.190: Recreational vehicles, prohibited vehicles and equipment parking and storage for this definition.

Recreational Vehicle Park. An area where spaces are offered to users of recreational vehicles for occupancy on a temporary basis.

Recyclable Material. See Section 37-50.210: Recycling facilities for this definition.

Recycling Collection Facility, Large. See Section 37-50.210: Recycling facilities for this definition.

Recycling Collection Facility, Small. See Section 37-50.210: Recycling facilities for this definition.

Recycling Processing Facility. See Section 37-50.210: Recycling facilities for this definition.

Recycling Processing Facility, Heavy. See Section 37-50.210: Recycling facilities for this definition.

Recycling Processing Facility, Light. See Section 37-50.210: Recycling facilities for this definition.

Redevelopment Director. The director of the Salinas redevelopment department, or the director's designee.

Religious Assembly. Facilities for religious worship and assembly, incidental religious education, meeting halls, gymnasiums, and similar uses. Religious assembly does not include public and private schools, day care centers, incidental professional and business offices, and retail as defined in this division.

Research and Development Services. Establishments primarily engaged in industrial or scientific research, including product testing.

Residential. A land use category with the principal purpose of providing shelter for people on a long-term basis.

Residential Development. See Section 37-50.060: Density bonus for this definition.

Residential Care Facility, Large. Same as a small residential care facility, but serving seven to fourteen persons under the age of eighteen years or over the age of sixty or for persons who have a disability as defined herein.

Residential Care Facility, Small. Residential facilities approved and licensed by the state in a single-family dwelling in which group care, supervision, and/or assistance are provided for a maximum of six persons under the age of eighteen years or over the age of sixty or for persons who have a disability as defined herein. Excludes family day care, foster care, or any medical services, including nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living. Examples of residential care facilities may include, but are not limited to, facilities for the following:

(a)

Developmentally or mentally disabled;

(b)

Substance abuse recovery;

(c)

Dependent and neglected children;

(d)

Physically disabled; or

(e)

Wards of the court.

Residential Service Facilities. Residential facilities that do not meet the definition of a residential care facility or interim housing in which group care, supervision, and/or assistance are provided for persons. Excludes day care homes or centers, foster care, or any medical or nursing assistance beyond that required by the residents of the facility to sustain the activities of daily living.

Restaurant. A commercial establishment, with kitchen facilities, which is regularly, and in a bona fide manner, used principally for the preparation, cooking, and serving of food to customers for compensation and where seating or other physical accommodation is provided for on-site dining. May also include accessory catering services.

Restaurant, Drive-through. A restaurant, which includes drive-through facilities to serve patrons' food and beverages in their vehicles primarily for off-premises consumption. Also see "Drive-through or Drive-in Use."

Retail. The exchange of goods directly to the ultimate consumer in exchange for financial or other consideration.

Retail Sales. The retail sales of merchandise not specifically listed under another use classification. This classification includes, but is not limited to, department stores, grocery stores, clothing stores, furniture stores, and businesses retailing toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporting goods, kitchen utensils, hardware, home improvement, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories (excludes service and installation).

Reverse Vending Machine. See Section 37-50.210: Recycling facilities for this definition.

Reverse Vending Machine, Bulk. See Section 37-50.210: Recycling facilities for this definition.

Reverse Vending Machine, Single-feed. See Section 37-50.210: Recycling facilities for this definition.

Reviewing Authority. Unless otherwise specified, the city planner, planning commission, city council, or designee as indicated for the applicable development review application. Also see Section 37-50.330: Vehicle trip reduction for this definition.

Right-of-way. An area or strip of land, either public or private, on which a right of surface passage has been recorded. Thus, right-of-way shall include a public right-of-way, a common lot containing a private street, or other public or private right of surface passage consistent with this definition.

Room, Habitable. See "Habitable Room."

Roof. A structural covering over any portion of a building or structure including projections beyond the walls or support of the building or structure, which is permanently attached.

Roof, Flat. A roof nearly horizontal and level.

Roof, Gabled. A pitched roof having a gable at each end.

Roof, Gambrel. A ridged roof with two slopes on either side, the lower slope having the steeper pitch. It is often flared beyond the front and rear of the dwelling forming a deep overhang.

Roof, Hipped. A hipped (or hip) roof slopes down to the eaves on all four sides. Although a hipped roof is not gabled, it may have dormers or connecting wings with gables.

Roof, Mansard. A mansard roof has two slopes on each of the four sides. The lower slope is steeper than the upper slope. Dormers are often set in the lower slope. The upper slope is usually not visible from the ground.

Rowhouse. See "Dwelling, Single-family Attached."

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 22, 5-18-2010; Ord. No. 2610 (NCS), § 1, 11-6-2018)

Salinas General Plan. The long range and comprehensive plan for the orderly growth and development of Salinas, including text, maps and amendments, adopted by the Salinas city council in accordance with the laws of the state of California or as amended from time to time. Also see "General Plan."

Salvage and Wrecking Operations. See Section 37-50.230: Salvage and wrecking operations for this definition.

Satellite Dish Antenna. An apparatus designed to receive or transmit communications to and from a satellite.

School District or Community College District Housing. Any affordable rental housing at the low- and moderate-income levels that a school district or community college district acquires, constructs, rehabilitates, or preserves consistent with the Teacher Housing Act of 2016 and as may be amended by the State Legislature. See Section 37-50.235: school district or community college district housing.

School, Trade. A commercial land use consisting of an institution of learning for special skill or special knowledge. Trade schools include, but are not limited to, vocational schools, business schools, and professional schools. Excludes public or private schools as defined herein and driving schools.

School, Public/Private. A public and semipublic land use such as a private or public school (grades kindergarten through high school, or their equivalent), college or university qualified by the State Board of Education to give general academic instruction. Excludes trade and driving schools.

Secondhand Store. Any premises used for the sale or handling of used goods. Secondhand store includes establishments for the sale or trade of used clothing, furniture, and appliances. Excludes antique and collectible shops and pawn shops.

Senior Housing. See Section 37-50.060: Density bonus for this definition.

Service Station. A place where motor fuel, lubrication oil, or grease is offered for sale to the public and delivered directly into motor vehicles. Includes minor motor vehicle repair as an accessory use to the sale and delivery of motor fuel, oil, and grease.

Setback or Setback Line. The distance required between a property line and the exterior wall of a structure. Also see "Yards."

Shared Parking. A parking strategy aimed at reducing the amount of parking spaces by allowing buildings with different peak hours to share the same parking lot.

Shopping Center. A group of two or more commercial establishments including indoor swap meets, the perimeter of which is clearly definable, developed on a single parcel or contiguous parcels of land, planned, and developed as a single site and providing shared on-site parking and vehicular access, landscaping, signage, and other facilities.

Signs or Signage. See Article V, Division 3: Signs for all sign-related definitions.

Single-family Dwelling. See "Dwelling, Single-family."

Single-feed Reverse Vending Machine. See Section 37-50.210: Recycling facilities for this definition.

Single-occupant Vehicle. See Section 37-50.330: Vehicle trip reduction for this definition.

Single Room Occupancy (SRO) Housing. A residential facility with individual secure rooms, of a smaller size than normally found in multifamily dwellings, which may have kitchen and bathroom facilities, and which are rented to a one- or two-person household on a long-term basis.

Site. A contiguous area of land, including a lot or lots or a portion thereof, upon which a project is developed or proposed for development.

Site Plan Review. An administrative review process conducted in accordance with Article VI, Division 5: Site Plan Review.

Specified Anatomical Areas. See Section 37-50.020: Adult entertainment facilities for this definition.

Specified Sexual Activities. See Section 37-50.020: Adult entertainment facilities for this definition.

Speculative Building. A permanent structure for which the specific use or uses are not known at the time application is made for building permits.

Stealth Telecommunication Facility. See Section 37-50.290: Telecommunication facilities for this definition.

Storage. Placing of materials, vehicles, or equipment at one location for more than seventy-two uninterrupted hours without use. Also see "Vehicle Storage."

Storage, Outdoor (Permanent). Any business enterprise, sales, service, storage, or activity conducted outside an enclosed building.

Storage, Outdoor (Temporary). The use of a premises or part of a premises, not enclosed by a building, for the storage of materials, vehicles, or equipment for a period of not greater than thirty days or during construction activities.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six feet above grade, for more than fifty percent of the total perimeter or is more than twelve feet above grade, at any point such usable or unused under-floor space shall be considered as a story. A basement is not considered a story.

Story, First. The lowest story in a building that qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, for more than fifty percent of the total perimeter, or not more than eight feet below grade at any point.

Structure. Anything constructed or erected on the ground or which is attached to something erected on the ground.

Street. A public or private right-of-way, usually designed for pedestrian, bicycle, and vehicular travel, which provides a primary means of access to abutting property. The term shall include, but not be limited to, avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any similar term. Excludes alleys and driveways.

Street Frontage. The length of a lot facing a street that affords direct public access to the lot.

Street Furniture. Those features associated with a street that are intended to enhance the street's physical character and intended for use by pedestrians (the general public), such as benches, trash receptacles, lights, and newspaper racks.

Streetscape. The linear environment along a right-of-way created by the placement and design of buildings, trees, open spaces, street furniture, and infrastructure.

Supportive Housing. Dwellings linked to onsite or offsite services that assist the supportive housing resident to retain the housing, to improve his or her health status, and to maximize her or his ability to live and, when possible to work, in the community. Supportive housing serves both individuals and families who lack a fixed, regular and adequate nighttime residence prior to occupying the supportive housing, including persons under twenty-five years of age no longer eligible for foster care on the basis of age, and

individuals and families not previously homeless. Supportive housing is considered a residential use of property subject only to development regulations that apply to other residential dwellings of the same type in the same zoning district. Excludes emergency shelters, convalescent hospitals and hospitals.

Swap Meet. Occasional or periodic retail activities held in an open area or enclosed structure where groups of individual sellers are provided space to display, barter, or sell goods to the public. "Swap meet" is interchangeable with and applicable to: flea markets, open-air markets, farmers' markets, or other similar activities.

Swimming Pools, Hot Tubs, and Spas. Any constructed or prefabricated water-filled vessel that is not drained, cleaned, or refilled for each individual, and is used for swimming, soaking, or recreation.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 4, 11-13-2012; Ord. No. 2581 (NCS), § 4, 12-6-2016; Ord. No. 2656 (NCS), § 1, 5- 10-2022)

Sec. 37-10.440. - "T" definitions.

Target Unit. See Section 37-50.060: Density bonus for this definition.

Tattoo and/or Body Piercing Parlor. An establishment whose principal business activity is the practice of placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substance that results in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Also includes an establishment whose principal business activity is any type of body piercing where a permanent hole is punctured through the skin or other body part to accommodate the insertion of jewelry or other items. Excludes establishments where the body piercing is incidental to a principal use such as jewelry store and beauty salons.

r instruments designed to contact or puncture the skin. Also includes an establishment whose principal business activity is any type of body piercing where a permanent hole is punctured through the skin or other body part to accommodate the insertion of jewelry or other items. Excludes establishments where the body piercing is incidental to a principal use such as jewelry store and beauty salons.

Telecommunications Facilities. Public, commercial, and private electromagnetic and photoelectrical transmission and receiving facilities. Includes antennas for cellular, enhanced specialized mobile radio (ESMR), personal communications services (PCS), earth stations for satellite-based communications, and similar facilities, but does not include satellite dish antennas, which are included under "Accessory Structures and Uses." Also see Section 37-50.290: Telecommunication facilities for this definition.

Telecommunications Facilities, Major. See Section 37-50.290: Telecommunication facilities for this definition.

Telecommunications Facilities, Minor. See Section 37-50.290: Telecommunication facilities for this definition.

Telecommunications Facilities, Stealth. See Section 37-50.290: Telecommunication facilities for this definition.

Telecommuting. See Section 37-50.330: Vehicle trip reduction for this definition.

Temporary Use. Any use conducted on an intermittent or one-time basis for a specific period of time, not intended to become permanent.

Theater. A structure used for dramatic, operatic, motion pictures, or other performances for which an admission fee is paid. Such establishments may include related services such as food and beverage sales or other concessions. Excludes adult entertainment facilities.

Tourist-oriented Development. See Section 37-50.330: Vehicle trip reduction for this definition.

Tower. A portion of a building that is higher than the remainder of the building or a tall structure of smaller dimension, which is separate from the building, such as the campanile (bell tower) of a church. Also see Section 37-50.290: Telecommunication facilities for definition of lattice tower.

Towing. See "Vehicle Storage."

Townhouse. See "Dwelling, Single-family Attached."

Traditional Neighborhood Design. Developments based on human-scale design principles that promote walkability, compact neighborhoods, and a reduction of automobile usage. Such developments typically exhibit several of the following characteristics: buildings oriented to the street, front porches on houses, emphasis on pedestrian orientation, village squares and greens, alleys, streets laid out in a grid system, and compatible mixed land uses, etc.

Traffic Calming. Measures that reduce motorist speed, decrease motor vehicle volumes, reduce cutthrough traffic, enhance the street environment, and/or increase safety for pedestrians and nonmotorized vehicles. Mostly includes physical features, but may also include educational programs, traffic enforcement, and traffic operation changes.

Trail. A bicycle/pedestrian facility separated from motorized vehicular traffic by an open space or barrier and either within the street right-of-way or not.

Transfer Station. A facility limited to the collection, temporary storage, and transfer of household waste, household hazardous waste, and small quantity generator waste.

Transfer Station, Hazardous Waste. Any hazardous waste facility that is not limited to the collection, temporary storage, and transfer of household hazardous waste and small-quantity generator waste.

Transient Occupancy. Any building or portion thereof, used or designed to be used, let, or rented on a daily or weekly basis or for less than twenty-eight days for travelers or guests, or that is subject to the transient occupancy tax per Salinas Municipal Code Section 32-22.

Transit-oriented Development (TOD). A development pattern that clusters and intensifies uses in close proximity to public transportation facilities to encourage pedestrian activity and provide an alternative to private motorized vehicle use.

Transitional Housing. Dwellings operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time at least six months after occupancy. Transitional housing is rented, not owner-occupied, and may be single-family or multifamily; includes duplexes, triplexes, and green court dwellings, and may be either attached or detached. Transitional housing is considered a residential use of

property subject only to development regulations that apply to other residential dwellings of the same type in the same zoning district. Some congregate housing, dormitories, halfway houses, and single room occupancy housing may be operated as transitional housing. Excludes emergency and disaster shelters.

Transparency. The ability of people outside a building to see and understand what goes on inside it and vice versa.

Transportation Demand Management (TDM). See Section 37-50.330: Vehicle trip reduction for this definition.

Transportation Management Association. See Section 37-50.330: Vehicle trip reduction for this definition.

Travel Services. Office establishments providing travel information and reservations to individuals and businesses.

Travel Trailer. A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for camping, travel, recreational, and vacation purposes and which is identified as a travel trailer by the manufacturer.

Trip. See Section 37-50.330: Vehicle trip reduction for this definition.

Trip Reduction. See Section 37-50.330: Vehicle trip reduction for this definition.

Truck Depot. A facility for the temporary storage, servicing, or maintenance of trucks or buses. Truck depots may include fueling facilities, traffic routing offices, restaurants, restrooms and shower facilities, wash racks, minor repair facilities, and related business offices and motels. A truck depot may also contain a facility not to exceed twenty-five thousand square feet in size to be used for the retail sale of convenience goods, such as pre-packaged food and beverage items, prepared food items for off-site consumption, tobacco, periodicals, and other limited groceries and household items.

ilities, wash racks, minor repair facilities, and related business offices and motels. A truck depot may also contain a facility not to exceed twenty-five thousand square feet in size to be used for the retail sale of convenience goods, such as pre-packaged food and beverage items, prepared food items for off-site consumption, tobacco, periodicals, and other limited groceries and household items.

Truck Yard. A facility used exclusively for breaking down and assembling tractor-trailer transport, or for parking of heavy vehicles for short periods of time. Excludes facilities for the loading and unloading of materials being transported.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 5, 11-13-2012)

Sec. 37-10.450. - "U" definitions.

Uniform Building Code. As defined in Chapter 9 of the Salinas Municipal Code.

Use. The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Use also means the activity conducted on the land or in the building.

Use Classifications. Categories of land uses.

Utilities, Major. Generating plants, electrical substations, aboveground electrical transmission lines, natural gas pipelines, water wells and storage, water reservoirs, regional flood control or drainage facilities, water or wastewater treatment plants, transportation facilities, and similar facilities of public agencies or utility companies.

Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines (including lift stations), and appurtenant structures/facilities.

Utility Shed. See Section 37-50.010: Accessory uses and structures for this definition.

(Ord. No. 2463 (NCS).)

Sec. 37-10.460. - "V" definitions.

Vanpool. See Section 37-50.330: Vehicle trip reduction for this definition.

Variance. A permit which grants a property owner relief from development standards contained in the Zoning Code when compliance would result in undue hardship on the owner due to special circumstances or conditions applicable to a property, including size, shape, topography, location, or surroundings.

Vehicle. Any motorized vehicle or transport designed to carry goods or passengers and licensed by the state of California to operate on a public street including, but not limited to, automobiles, motorcycles, trucks, and recreational vehicles.

Vehicle-related Retail Sales and Services. Retail sales conducted at premises where no less than eighty percent of the floor area is devoted to vehicle-related goods provided directly to the ultimate consumer for financial or other consideration. Vehicle-related or vehicle-related retail goods include both sales of parts (e.g., engine heads and alternators) and nondurable items (e.g., fan belts and windshield wiper blades) for motor vehicles. Retail sales do not include replacement or installation of the goods on the premises; such activity is defined as motor vehicle repair. Installation of accessories not required for operation of the

. Vehicle-related or vehicle-related retail goods include both sales of parts (e.g., engine heads and alternators) and nondurable items (e.g., fan belts and windshield wiper blades) for motor vehicles. Retail sales do not include replacement or installation of the goods on the premises; such activity is defined as motor vehicle repair. Installation of accessories not required for operation of the

vehicle (e.g., alarm systems and cellular phones), and not requiring painting or bodywork, does fall within this category. Also includes primarily vehicle-related financial services such as purchase financing and vehicle insurance and claims, but not including the sale or transfer of vehicles.

Vehicle Repair, Major. A place providing a full range of repair and maintenance services for motor vehicles, including any of the following:

(a)

Cylinder head replacement;

(b)

Valve grinding or replacement;

(c)

Clutch replacement;

(d)

Repair, replace transmission, rear end, rear axles, king pins;

(e)

Body work;

(f)

Engine, motor or transmission removal;

(g)

Fuel tank repair;

(h)

Radiator or heater core repair or replacement;

(i)

Painting;

(j)

Repair activities requiring the use of open flame or welding;

(k)

Exhaust system repair;

(l)

Repair activities requiring entry into the engine block; or

(m)

Any repair activity not listed as minor vehicle repair.

Vehicle Repair, Minor. A place performing the following repair and maintenance services for motor vehicles not exceeding a gross vehicle weight of five tons carrying capacity, including any of the following:

(a)

Tune-ups. Major and minor tune-up involving spark plugs, points, condensers, valve adjustments, carburetor overhauls, adjustment of fuel injection systems, fuel pumps, and all necessary filters;

(b)

Lubrication. Oil changes and filter replacement, transmission and rear end oil changes;

(c)

Cooling System. Replacement of water pumps, heaters, and other hoses; replace thermostats; recharge air conditioners;

(d)

Drive Train. Replacement of driveshaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers;

(e)

Brakes. Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs;

(f)

Wheels. Adjustment of steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repairs;

(g)

Electrical. Battery charging; remove, repair, and replace starters, alternators, generators, and regulators; rewiring of automobile and lights; repair or replacement of gauges; installation of radios;

(h)

Smog checks;

(i)

Fuel System. Change and repair of fuel lines; replace fuel gauge sending unit; or

(j)

Any activity combining minor and major motor vehicle repair shall be defined as "Major Vehicle Repair." Minor Vehicle Repair uses excludes any activity that involves welding or an open flame.

Vehicle Sales and Services. Sale or rental of automobiles, motorcycles, trucks, and recreational vehicles including display areas, incidental storage, and maintenance. Display areas do not include separate employee/customer parking lots.

Vehicle Storage. Lots for the storage and parking of tow-away and towed vehicles, impound yards, and storage lots for vehicles, trucks, buses, and recreational vehicles. Excludes salvage and wrecking operations.

Vehicle Trip. See Section 37-50.330: Vehicle trip reduction for this definition.

Vehicle Trip Reduction. See Section 37-50.330: Vehicle trip reduction for this definition.

Vehicle Washing. The washing, waxing, detailing, or cleaning of automobiles or similar light vehicles including the use of mechanical automobile washers.

Very-low Income Households. See Section 37-50.060: Density bonus for this definition.

Vocational School. See "School, Trade."

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 2, 4-19-2016)

Sec. 37-10.470. - "W" definitions.

Wall. See Section 37-50.090: Fences, walls, and hedges.

Wall Height. See Section 37-50.090: Fences, walls, and hedges.

Warehousing and Storage, Limited. A building or group of buildings in a controlled access compound that contains individual compartmentalized stalls which are rented or leased for the storage of customer goods or wares, and which may include an on-site manager's quarters. Excludes warehousing and storage, and wholesale distribution. Limited warehousing and storage shall also mean miniwarehousing. Excludes direct sales, offices, manufacturing and assembly of goods, animal storage, or wholesale distribution.

Warehousing and Storage, Wholesale Distribution. A building or group of buildings used for storage and distribution of wholesale goods without direct public access. Excludes direct sales, offices, manufacturing, and assembly of goods or animal storage.

Waste, Hazardous. A waste or combinations of waste that because of its quantity, concentration, or physical, chemical, or infectious characteristics: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed; and (3)

is identified in Section 261 of Title 40 of the Code of Federal Regulations as a hazardous waste as amended.

Waste, Household. Any waste other than household hazardous waste generated incidental to owning or maintaining a place of residence.

Waste, Household Hazardous. Any hazardous waste generated incidental to owning or maintaining a place of residence. Excludes any waste generated in the course of operating a business concern at a residence.

Waste, Small-quantity Generator. Any hazardous waste generated in accordance with and establishment that meets the criteria specified in Section 261 of Title 40 of the Code of Federal Regulations as amended. Small quantity generators typically produce less than one and one-tenths tons of hazardous waste per month.

Wholesale. The exchange of goods not intended for direct sale to the public but intended for future distribution and resale for financial or other consideration.

Wine Tasting Room. An establishment in which wine and wine-related products are available for off-site sale, distribution, and consumption, and where wine, limited to that offered for sale, is sampled on the premises. Nothing in this Zoning Code shall be construed to require that any food be sold or purchased with any beverage. A wine tasting room may include a boutique winery.

Winery. A facility used for the purpose of processing grapes, other fruit products, or vegetables to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, bottling, warehousing, wine-tasting facilities, administrative offices, and wholesale and accessory retail sales of associated wine and wine-related items. A winery does not include a boutique winery.

Winery, Boutique. A facility where wine is produced from preprocessed ingredients. Processing permitted at boutique wineries shall be limited to blending ingredients, fermenting wine in sealed containers, bottling of wine, warehousing of ingredients, short-term storage, wine-tasting facilities, administrative offices, and retail and accessory wholesale sales of associated wine and wine-related items. Boutique wineries do not include crushing, pressing, or other processing of fruits or vegetables, and do not include the blending or mixing of ingredients through the use of any machinery or mechanical means.

Worksite. See Section 37-50.330: Vehicle trip reduction for this definition.

(Ord. No. 2463 (NCS); Ord. No. 2482 (NCS), § 1.)

Sec. 37-10.480. - "X" definitions.

Xeriscape. Landscaping characterized by the use of vegetation that is drought-tolerant or requires low water use.

(Ord. No. 2463 (NCS).)

Sec. 37-10.490. - "Y" definitions.

Yard. An open area on the same parcel as a structure, unoccupied and unobstructed by structures or parking from the ground upward except as otherwise provided in this Zoning Code, including a front yard,

interior side yard, corner side yard, or rear yard measured to the building or structure at its closest point to the lot line (see Figure 37-10.160).

==> picture [267 x 217] intentionally omitted <==

Figure 37-10.160 Yards

Yard, Corner Side. A side yard on the street side of a corner lot (see Figure 37-10.160).

Yard, Front. The area between the front lot line and the building extending across the entire width of the lot. The front yard shall adjoin the shortest street property line. Where street property lines are substantially the same length, the city planner shall determine the location of the front yard (see Figure 37-10.160).

Yard, Minimum. A yard, as defined herein, that occupies the required minimum distance between any property line and a building as established in the development regulations for the applicable base zoning district.

Yard, Rear. The area between the rear lot line and the principal building that extends across the full width of the lot (except on a corner lot) (see Figure 37-10.160).

Yard Side or Interior Side. The area between the front yard and the rear yard between the principal building and the side lot line (see Figure 37-10.160).

(Ord. No. 2463 (NCS).)

Sec. 37-10.500. - "Z" definitions.

Zoning Code. Chapter 37 of the Salinas Municipal Code.

Zoning District. A section of the city described in the text of the zoning regulations and delineated on the zoning map of the city. The text sets forth the requirements for the use of land as well as improvements and development standards.

Zoning Map. Designated official map or maps that show the location and boundaries of the districts established by this Code and are referred to as the "zoning map" and incorporated as a part of this Code.

The said "zoning map" together with everything shown thereon and all amendments thereto, are as much a part of this Code as if fully set forth and described in the text.

(Ord. No. 2463 (NCS).)

Article II. - Establishment of Zoning Districts and Designations. Division 1. - General Provisions.

Sec. 37-20.010. - Districts established.

The city is divided into the following districts for the purposes of classifying, regulating, restricting, and separating the use and development of land, buildings, and structures; regulating and limiting the type, height, and bulk of buildings, improvements, and structures; and regulating areas of yards and other open areas abutting and between buildings and structures.

(a)

Base Districts. Every parcel shall have a base district that establishes the primary type and intensity of land use permitted, along with development regulations for that particular type and intensity of land use. Table 37-20.10 lists the base zoning districts within Salinas.

Table 37-20.10 Base Zoning Districts Established

(b)

Overlay Districts. An overlay district supplements the base district for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base district. In the event of conflict between the base district regulations and the overlay district regulations, the provisions of the overlay district shall apply. Table 37-20.20 lists the overlay districts zoned within Salinas.

Table 37-20.20 Overlay Districts Established

(c)

New Urbanism Districts. The Salinas general plan has integrated principles of new urbanism into the development goals and policies for the city's long-term growth. Two base districts and two overlay districts have been established that allow a mixture of land uses and a higher density and intensity of development standards than typically described for the other zoning districts in the city. These districts provide standards for growth for designated areas outside the city and existing urbanized areas within the city and are as follows:

(1)

New Urbanism (NU) Districts. The new urbanism (NU) districts, consisting of five districts: neighborhood edge/low density residential (NE), neighborhood general 1/medium density residential (NG-1), neighborhood general 2/high density residential (NG-2), village center (VC), and new urbanism interim (NI) are applied to largely undeveloped areas outside of the existing city limits that the city wishes to see developed with a mixture of pedestrian-friendly uses. Development in the new urbanism districts will be subject to the preparation of specific plans that incorporate the design standards and development and use regulations of the new urbanism districts.

(2)

Mixed Use (MU) Districts. The mixed use (MU) districts, consisting of mixed use (MX) and mixed arterial frontage (MAF), are applied to areas that the Salinas general plan has identified as appropriate for a mixture of commercial, office, institutional, and business uses emphasizing retail, entertainment, and service activities at grade in addition to medium and high density residential uses. Specific use regulations and development and design standards are applied to these properties to minimize conflicts between uses and facilitate pedestrian-oriented activity centers.

(3)

Focused Growth (FG) Overlay District. The focused growth (FG) overlay district is applied to existing urbanized areas that the Salinas general plan has identified for additional growth and/or redevelopment and revitalization. In addition to the general regulations of this Zoning Code, properties located in a focused growth (FG) overlay district are subject to the more specific standards identified in Article IV, Division 4: Focused Growth (FG) Overlay District.

(4)

Central City (CC) Overlay District. The central city (CC) overlay district, consisting of two areas, the downtown core (DC) and downtown neighborhood (DN), are applied to the existing urbanized areas of the city's downtown. In addition to the general regulations of the Zoning Code, properties located within the central city (CC) overlay district are subject to the more specific development standards and design regulations identified in Article IV, Division 5: Central City (CC) Overlay District.

(Ord. No. 2463 (NCS).).

Sec. 37-20.020. - Use classifications, development regulations, and design standards.

(a)

Unlisted Uses. Unless a use is specifically identified, it is not permitted in the district. However, the city planner shall have the authority to review proposed uses not listed in this Zoning Code. A proposed unlisted use may be permitted as a principal, conditional, temporary, or accessory use within a base zoning district if the city planner determines that such use falls within the purpose and intent of that base district, is of a comparable nature with similar environmental impacts to the principal, accessory, or conditional uses set forth as permitted in the base district, is not listed in another base district, and will not be detrimental to property in the vicinity of such use.

(b)

Interpretation of Regulations and Standards. Where uncertainty exists regarding the interpretation of any provision of this article or its application to a specific site, the city planner shall determine the intent of the provision.

(Ord. No. 2463 (NCS).)

Sec. 37-20.030. - Official zoning map.

(a)

Adoption. A map known as the "Official Zoning Map of the City of Salinas" or herein as "zoning map," which is on file with the city clerk, is adopted herein by reference and shall hereafter exist pursuant to and as an integral part of this Zoning Code. The map shall be maintained to reflect the current zoning of the city.

(b)

Amendments. Amendments to the zoning map shall be processed as described in Article VI, Division 14: Rezones/Pre-zones/Zoning Code Amendments.

(c)

Replacement. In the event the zoning map becomes damaged, destroyed, lost, or difficult to read because of the nature or number of changes and additions, the city council, by resolution, may adopt a new zoning map, which shall supersede the prior zoning map. The new zoning map may correct drafting or other errors or omissions in the prior zoning map and reflect zoning map amendments adopted by resolution of the city council.

(d)

Interpretation of District Boundaries. Where uncertainty exists as to the exact zoning boundaries, the following rules shall apply:

(1)

A street, alley, railroad right-of-way, watercourse channel, or other right-of-way shall be included within the zone of the adjoining property.

(2)

When the zoning district boundary is or approximately follows a street, alley, railroad right-of-way, watercourse channel, or other right-of-way, the centerline of that right-of-way shall be considered the boundary.

(3)

When the zone boundaries approximately follow lot lines or city limits, these lines shall be considered the boundaries.

(4)

Where the boundary splits the lot or parcel, or uncertainty still exists, the exact boundary shall be determined by written decision of the city planner.

(5)

When the street, alley, or right-of-way that serves as a zone boundary is vacated, the new zone boundary shall be at the new property line. Where the vacation does not result in a new property line, the zone boundary shall be determined by written decision of the city planner.

(6)

Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the city planner shall determine the location.

(e)

Pre-zoning. Areas located outside the city limits shall be assigned pre-zoning designations prior to annexation to the city in accordance with Article VI, Division 14: Rezones/Pre-zones/Zoning Code Amendments. Upon annexation of the areas to the city, the pre-zoning designation(s) shall become zoning districts for the area. The zoning map shall be amended to show the new city limits and zoning district(s) of the area, as applicable.

(Ord. No. 2463 (NCS).)

Article III. - Base District Regulations. Division 1. - Agricultural (A) District.

Sec. 37-30.010. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the agricultural (A) district regulations is to:

(a)

Preserve and protect agricultural land from urban development; and

(b)

In certain instances, permit agriculture as an interim use until urban development occurs.

(Ord. No. 2463 (NCS).)

Sec. 37-30.020. - Use classifications.

Table 37-30.10 identifies the use classifications for properties located in the agricultural (A) district:

Table 37-30.10

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

• (1) See Section 37-50.100: Home occupations. (2) See Section 37-50.300: Temporary use of land. (3) Animal husbandry may be allowed with a CUP. (4) See Section 37-50.120: Large family day care homes. (5) See Section 37-50.010: Accessory uses and structures. Accessory uses and structures will require a SPR or a CUP if required for the principal use.

• (6) See Section 37-50.250, Accessory dwelling units. An accessory dwelling unit shall only be permitted on a lot with a single-family detached dwelling.

• (7) Not more than four domestic animals are permitted per residential dwelling unit except that newborn and baby animals up to the age of three months shall not be counted.

• (8) See Section 37-50.290: Telecommunication facilities. (9) Minor utilities shall not unreasonably interfere with the use, enjoyment, or aesthetics of adjacent uses. (10) See Section 37-50.010(i): Utility Sheds. (11) Employee housing in the A district shall be limited to that serving agricultural employees. (12) See Section 37-50.075: Employee housing, agricultural.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 8, 11-13-2012; Ord. No. 2581 (NCS), § 5, 12-6-2016; Ord. No. 2623 (NCS), § 5, 115-2019)

Sec. 37-30.030. - Development regulations.

Table 37-30.20 identifies the development regulations for the agricultural (A) district:

Table 37-30.20

Agricultural (A) District Development Regulations

Notes:

(A) See Sections 37-50.070(a) and (b): Development on Existing Lots.

(B) Driveway length shall be in accordance with the minimum front or corner side yard setback.

(C) Minimum lot sizes may be reduced when the exclusive use of such lots is intended for utility substations, pumping stations, and similar facilities.

(D) See Section 37-50.040: Building projections into yards.

(E) See Section 37-50.080: Exceptions to height limits.

(F) Unenclosed porches and architectural entry features may encroach a maximum of five feet into required front and corner side yards.

(Ord. No. 2463 (NCS).)

Division 2. - Residential (R) Districts.

Sec. 37-30.040. - Residential low density (R-L) district. Sec. 37-30.050. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the residential low density (R-L) district regulations is to:

(a)

Provide appropriately located areas for single-family dwellings where the minimum density is not less than six dwelling units per net acre and the maximum density is not more than eight dwelling units per net acre without density bonus that are consistent with the general plan and with standards of public health and safety established by the Municipal Code;

(b)

Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, inappropriate population density, traffic congestion, and other adverse environmental impacts;

(c)

Promote development of affordable housing, housing for qualifying residents, and day care facilities by providing a density bonus for projects, which meet state and/or city density bonus requirements;

(d)

Achieve design compatibility through the use of site development regulations and design standards;

(e)

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;

(f)

Ensure the provision of public services and facilities needed to accommodate planned population densities;

(g)

Encourage attractive and interesting single-family residential streetscapes and dwelling units that are pedestrian-oriented and reflect traditional neighborhood design principles; and

(h)

Promote safe residential neighborhoods through the incorporation of crime prevention through environmental design (CPTED) features in dwelling and site design.

(Ord. No. 2463 (NCS).)

Sec. 37-30.060. - Use classifications.

Table 37-30.30 identifies the use classifications for properties located in the residential low density (R-L) district:

Table 37-30.30

Residential Low Density (R-L) District Use Classifications

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), §§ 23, 24, 5-18-2010; Ord. No. 2532 (NCS), § 9, 11-13-2012; Ord. No. 2581 (NCS), § 6, 12-6-2016; Ord. No. 2623 (NCS), § 6, 11-5-2019; Ord. No. 2656 (NCS), § 2, 5-10-2022)

Editor's note— Ord. No. 2532 (NCS), § 9, adopted Nov. 13, 2012, set out provisions adding note (12). To avoid number duplication, and at the editor's discretion, these provisions were included as note (13).

Sec. 37-30.070. - Development regulations.

Table 37-30.40 identifies the development regulations for the residential low density (R-L) district:

Table 37-30.40

Residential Low Density (R-L) District Development Regulations

(L) Inclusionary dwelling units may be developed in accordance with the R-M-3.6 development regulations.

(M) For infill residential development in established single-family residential neighborhoods, see Section 37-50.110: Infill residential development in the R-L district.

(Ord. No. 2463 (NCS).)

Sec. 37-30.080. - Design standards.

(a)

Purpose. These design standards are intended to assist the designer in understanding the city's requirements for high quality low density residential development. These standards complement the development regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of the various regulations. These standards ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. These standards are also intended to promote low density development, which is pedestrian-oriented, safe, and reflects traditional neighborhood design principles.

(b)

Site Planning. It is the intent of these standards to discourage developments where identical single-family dwelling units march down long, uninterrupted streets, with no variation in building scale, placement, or the street scene, and which create no sense of place. Rather, these standards are intended to encourage single-family dwelling units with attached porches and with garages placed back from the street or accessed from rear alleys to promote visual interest, neighborhood interaction, and facilitate natural surveillance by residents and pedestrians.

==> picture [179 x 156] intentionally omitted <==

(1)

Varied Side Yards. Varying the distance between adjoining single-family dwelling units, or between dwelling units and fences, results in different types of yards and private patio areas.

(2)

Lot Orientation. On curves or at corners, lots can often be oriented in a different direction than those at mid-block. In these cases, some lots can be nonrectangular and angled on the street. Structures and windows should be oriented so that a majority of primary living spaces receive direct sunlight during the daylight hours and adequate cross-ventilation. In new projects, structures should be positioned to avoid creating severe shadow impacts.

(3)

Varied Lot Widths. Making some lots wider and some narrower than the average can provide different amounts of open areas between structures. It also allows placement of different shapes and sizes of singlefamily dwelling units. On narrow lots, a variation of only three feet or four feet makes a perceptible difference.

(c)

Natural Surveillance. Whenever feasible, design and placement of residential dwellings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement and type of landscape materials, types of walls and

. Whenever feasible, design and placement of residential dwellings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement and type of landscape materials, types of walls and

fences (including the use of picket, wrought-iron, and similar materials to promote visibility when appropriate), and other physical obstructions in a manner that discourages the potential for criminal activity.

(d)

Architecture.

(1)

There is no particular architectural style required for residential structures; however, the focus shall be on the development of neighborhoods exhibiting high quality architecture.

(2)

In general, the architecture shall be compatible with the surrounding area.

(3)

Individual dwelling units shall be distinguishable from one another to reduce monotony and provide an interesting streetscape.

(4)

Windows and entry features should be emphasized over garage doors on street facades of structures. Front entry doors and features should be visible and easily recognizable from the street. All front entry doors shall include a porch or a covered architectural entry feature that is oriented to the street.

(5)

When provided, porches should extend at least six feet along the front or corner side facade of the structure not including the garage face and shall be compatible with and complementary to the

architectural style of the dwelling.

(6)

Window and front entry door placement shall maximize visibility of the street. At least one major window (not including the front door) that looks out onto the street shall be provided from each room located on the front and corner side facades of the structure to provide "eyes on the street."

(7)

Window and front entry door design shall be compatible and complementary to the building design.

(8)

The entire structure shall have a coherent architectural style with the transition from the front, sides, and rear elevations being gradual not abrupt. Architectural style and details shall be consistent on all facades that are visible from adjacent streets or alleys.

(9)

Architectural details and exterior colors shall reinforce and enhance the architectural form and style of the structure.

(e)

Mass and Scale. Mass and scale should relate to the use of the structure as a single-family dwelling. Also, the scale of a structure shall be within a human scale so as not to overwhelm or dominate its surroundings.

(f)

Facade and Roof Articulation.

(1)

The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls in excess of thirty feet shall be generally avoided on all structures. Larger wall and roof planes shall include three-dimensional features such as porches, balconies, bay window, dormers, and similar features.

(2)

The integration of varied texture, relief, color, and design accents on building walls can soften the architecture and is encouraged.

(3)

For sloped roofs, both vertical and horizontal articulation is encouraged. Rooflines shall be compatible with the design and scale of surrounding dwelling units. Roof articulation may be achieved by changes in plane of no less than two and one-half feet and/or the use of traditional roof forms such as gables, hips, and

dormers. Flat roofs and A-frame type roofs are discouraged unless appropriate to the architectural style of the dwelling unit and/or to facilitate passive and nonpassive solar panels.

(4)

The integration of skylights and the orientation of structures in order to promote natural day lighting is encouraged.

(g)

Varied Structure Design. Design of structures shall be varied in tract developments to reduce monotony and create variety and interest. A reasonable difference in the massing and composition (not just finish materials) of each adjacent dwelling unit shall be accomplished. One design should not be repeated more frequently than each fourth dwelling unit. Each street block shall also include a variety of model elevations.

==> picture [477 x 145] intentionally omitted <==

(h)

Materials.

(1)

The choice and mix of materials on the facades of structures and garage doors is important in providing an attractive living environment. Materials shall be consistently applied on all facades of a structure visible from adjacent streets and alleys and be chosen to work harmoniously with adjacent materials.

(2)

Exterior detailing, piecemeal embellishment, and frequent changes in materials shall be generally avoided. Materials tend to appear substantial and integral when material changes occur at changes in plane. Material or color changes at the outside corners of structures give an impression of thinness and artificiality that should be avoided. Material changes should not occur at external corners, but may occur at reverse or interior corners. Material changes not accompanied by changes in plane give materials an insubstantial or applied quality.

==> picture [399 x 180] intentionally omitted <==

(3)

Varying the building and roof materials from dwelling unit to dwelling unit is encouraged to promote individual identity and provide a varied streetscape.

(4)

The use of renewable and sustainable building materials is encouraged.

(i)

Colors.

(1)

Exterior building and roof colors shall be appropriate to and generally compatible with the architectural style of the dwelling unit. In general, subdued colors are more appropriate on the body of a structure with bright or bold colors generally limited to architectural details and window and door trim. Garish or overly bold colors should be avoided.

(2)

Varying the roof and building colors from dwelling unit to dwelling unit is encouraged.

(3)

All structures on a site shall have a compatible color scheme (including the roof color).

(4)

Roof flashing, rain gutters, downspouts, vents, and other roof protrusions shall be finished to complement the adjacent materials and/or colors.

(j)

Garages.

(1)

Garage doors shall be adequately setback to keep the sidewalk clear of vehicles at all times.

(2)

Front entry garages shall be recessed a minimum of five feet behind the street facade of the principal residential structure except for side-entry garages. Garages that are located behind the principal residential structure or are rear-entry accessible from alleys are strongly encouraged to reduce the visual prominence of the garage on the streetscape.

(3)

Varied garage placements are encouraged to break up the monotony of all garage doors being parallel to the street.

(4)

Garage doors shall appear to be set into the walls rather than flush with the exterior wall of the structure. Garages shall generally not occupy more than fifty percent of any street facade of the principal residential structure.

(5)

A variety of compatible garage door designs shall be used throughout a project to ensure variety. The design of the garage door shall relate to the particular architectural style selected for the structure.

(6)

New or remodeled garages are encouraged to be designed to provide facilities for vehicles with alternative fueling systems (such as appropriate outlets for electric vehicle charging, etc.).

(k)

Fences and Walls.

(1)

Walls and fences are an integral part of the streetscape. The use of picket, wrought-iron, and similar style fencing that promotes visibility is encouraged.

(2)

The use of sound walls shall be minimized except when required as an environmental mitigation measure. Sound walls shall be of masonry, concrete, smooth stucco finish, or other approved material; however, decorative elements (such as tile insets, etc.) may also be incorporated into sound walls to improve their appearance. The style, material, and color of sound walls shall complement neighborhood architecture. All sides of sound walls visible from public or private streets shall be architecturally treated.

(3)

For all other walls and fences, no exposed structural components (unfinished or painted concrete blocks, wood fence framing, etc.) shall be visible from public and private streets.

(4)

Chain link fencing with or without slats is prohibited in the front and corner side yards of lots with residential dwelling units.

(l)

Screening. Any heating or cooling equipment or other mechanical equipment (excluding solar panels), whether on the roof, side of structure, or on the ground, shall be screened from view of public or private streets. The method of screening must be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design.

(m)

Infill in Existing Neighborhoods.

(1)

For infill residential development in established neighborhoods, see Section 37-50.110: Infill residential development in the R-L district.

(2)

Residential additions shall incorporate the distinctive architectural characteristics of the existing dwelling unit such as window and door level of detailing, decoration, materials, roof style and pitch, finished floor height, porches, and bay windows.

(3)

Residential additions shall continue the functional, on-site relationships of the surrounding neighborhood. For example, in many older neighborhoods, common patterns that shall be continued are architectural entry features facing the street, front porches, and parking at the rear.

(n)

Accessory Structures. The design of accessory structures shall be compatible with the principal residential structure through the use of complementary architectural style, exterior building and roofing colors and materials, and landscaping styles.

(o)

Cul-de-sac Treatments. Cul-de-sac streets shall be avoided. However, when terrain, traffic safety, or environmental constraints require the use of a cul-de-sac, the cul-de-sac street shall not exceed four hundred feet in length. For cul-de-sac streets located near public facilities, shopping, arterial or collector streets, or transit stops, openings shall be provided at the end of the street for pedestrians, bicyclists, and landscaping. Such openings are pedestrian-friendly and promote connectivity between neighborhoods.

(p)

Nonresidential Facilities.

(1)

Nonresidential facilities such as water well pumping stations and storage, and the like, shall be designed to be compatible with the character of the surrounding neighborhood. Landscaping, decorative walls, or other buffering techniques, as appropriate, shall be used to ensure such facilities blend with and do not adversely impact adjacent uses.

(2)

Any buildings constructed in conjunction with such facilities shall be compatible with the materials, exterior colors, and any distinctive architectural characteristics found in the surrounding neighborhood.

(3)

The operators/property owners of such facilities shall be required (as a condition of approval) to provide regular maintenance for the life of such facilities (e.g., regular watering and care of vegetation (including replacement of any dead plant material or broken irrigation apparatus), trash and graffiti removal, and the repair and replacement of any damaged or worn-out facilities).

(q)

Traffic Calming. Use of traffic-calming measures such as street bulb-outs, mini-circles, chicanes, short street segments, and roundabouts as determined appropriate by the city engineer are encouraged, especially in tract developments, to slow traffic and make streets more pedestrian-friendly. Street segments that are long and uninterrupted are to be avoided.

(r)

Internal Circulation. Internal circulation (see definition of internal circulation Section 37-10.330: "I" definitions) shall be provided between all habitable rooms in a residential dwelling unit.

(Ord. No. 2463 (NCS).)

Sec. 37-30.090. - Residential medium density (R-M) districts. Sec. 37-30.100. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the residential medium density (RM) districts regulations is to:

(a)

Provide appropriately located areas for single-family and medium density multifamily dwellings consistent with the general plan and with standards of public health and safety established by the Municipal Code;

(b)

Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, inappropriate population density, traffic congestion, and other adverse environmental impacts;

(c)

Promote development of affordable housing, housing for qualifying residents, and day care facilities by providing a density bonus for projects that meet state and/or city density bonus requirements;

(d)

Achieve design compatibility through the use of site development regulations and design standards;

(e)

Protect adjoining lower density residential districts from excessive noise or loss of sun, light, quiet, and privacy resulting from proximity to higher density and multifamily dwellings;

(f)

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;

(g)

Ensure the provision of public services and facilities needed to accommodate planned population densities;

(h)

Encourage attractive and interesting residential streetscapes, dwelling units, and developments that are pedestrian-oriented and reflect traditional neighborhood design principles; and

(i)

Promote safe residential neighborhoods through the use of crime prevention through environmental design (CPTED) features in dwelling and site design;

(j)

The additional purposes of each R-M district are as follows:

(1)

R-M-3.6: to provide for detached and attached single-family dwelling units on small lots where the minimum density is more than eight dwelling units per net acre and the maximum density is not more than twelve dwelling units per net acre without density bonus;

(2)

R-M-2.9: to provide for medium density dwellings where the minimum density is more than eight dwelling units per net acre and the maximum density is not more than fifteen dwelling units per net acre without

density bonus.

(Ord. No. 2463 (NCS).)

Table 37-30.50 identifies the use classifications for properties located in the residential medium density (RM) districts:

Table 37-30.50

Residential Medium Density (R-M) Districts Use Classifications

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

• (1) See Section 37-50.120: Large family day care homes.

• (2) Not more than four domestic animals are permitted per residential dwelling unit except that newborn and baby animals up to the age of three months shall not be counted.

• (3) See Section 37-50.100: Home occupations. (4) See Section 37-50.140: Mobilehome parks. (5) Minor utilities shall not unreasonably interfere with the use, enjoyment, or aesthetics of adjacent uses. (6) Interim housing shall be limited to facilities serving six or fewer people. Such housing shall be designed to accommodate a group living environment.

• (7) See Section 37-50.250, Accessory dwelling units. An accessory dwelling unit shall only be permitted on a lot with a single-family detached dwelling.

• (8) Accessory uses and structures will require a SPR or a CUP if required for the principal use. (9) See Section 37-50.300: Temporary use of land. (10) Single-family detached dwellings in the R-M-2.9 district shall comply with the R-M-3.6 district regulations. (11) See Section 37-50.290: Telecommunication facilities. (12) Water well, drainage, and flood control facilities may be considered subject to the approval of a CUP. (13) Utility sheds are permitted uses on lots with single-family detached dwellings only. See Section 37-50.010(i): Utility Sheds. (14) Must meet the minimum density requirements of the applicable district except as otherwise provided in this section.

• (15) In these two districts, small project employee housing may only be developed and operated within single-family dwellings detached. In the R-M-3.6 district, small project employee housing may be allowed in single-family dwellings—detached or attached.

• (16) See Section 37-50.075 for development regulations for small project employee housing.

• (17) See Section 37-50.075 for development regulations for medium project employee housing; additional conditions may be considered subject to the approval of a CUP pursuant to Section 37-60.500 .

• (18) See Section 37-50.075 for development regulations for medium project employee housing; additional conditions for medium project employee housing of 7—14 employees per dwelling unit may be considered subject to a Non-administrative CUP pursuant to Section 37-60.505 .

• (19) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.120 and design standards of 37-30.130.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 10, 11-13-2012; Ord. No. 2581 (NCS), § 7, 12-6-2016; Ord. No. 2623 (NCS), § 7, 11-5-2019; Ord. No. 2656 (NCS), § 3, 5-10-2022)

Table 37-30.60 identifies the development regulations for the residential medium density (R-M) districts:

Table 37-30.60

Notes:

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 3, 4-19-2016)

Sec. 37-30.130. - Design standards.

The design standards that are applicable to single and multifamily dwellings in the residential medium (RM) districts are contained in Section 37-30.080: Design standards (residential low density (R-L) district) and

Section 37-30.180: Design standards (residential high density (R-H) district). These design standards are intended to assist the designer in understanding the city's requirements for high quality, small-lot, singlefamily residential development and medium density multifamily residential development. These standards complement the development regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of the various regulations. These standards ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. The standards are also intended to encourage medium density development, which is pedestrian-oriented, safe, and reflects traditional neighborhood design principles.

(Ord. No. 2463 (NCS).)

Sec. 37-30.140. - Residential high density (R-H) districts. Sec. 37-30.150. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the residential high density (RH) district regulations is to:

(a)

Provide appropriately located areas for high density and multifamily dwellings consistent with the general plan and with standards of public health and safety established by the Municipal Code;

(b)

Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, inappropriate population density, traffic congestion, and other adverse environmental impacts;

(c)

Promote development of affordable housing, housing for qualifying residents, and day care facilities by providing a density bonus for projects, which meet state and/or city density bonus requirements;

(d)

Achieve design compatibility through the use of site development regulations and design standards;

(e)

Protect adjoining low and medium density residential districts from excessive noise or loss of sun, light, quiet, and privacy resulting from proximity to multifamily dwellings;

(f)

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;

(g)

Ensure the provision of public services and facilities needed to accommodate planned population densities;

(h)

Encourage attractive and interesting residential streetscapes and high density developments that are pedestrian-oriented and reflect traditional residential design principles; and

(i)

Promote safe residential neighborhoods through the incorporation of crime prevention through environmental design (CPTED) features in dwelling and site design;

(j)

The additional purposes of each R-H district are as follows:

(1)

R-H-2.1: to provide for high density multifamily dwelling units where the minimum density is more than fifteen dwelling units per net acre and the maximum density is not more than twenty dwelling units per net acre without density bonus;

(2)

R-H-1.8: to provide for high density multifamily dwelling units where the minimum density is more than fifteen dwelling units per net acre and the maximum density is not more than twenty-four dwelling units per net acre without density bonus.

(Ord. No. 2463 (NCS).)

Sec. 37-30.160. - Use classifications.

Table 37-30.70 identifies the use classifications for properties located in the residential high density (R-H) districts:

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

• (1) Not more than four domestic animals are permitted per residential dwelling unit except that newborn and baby animals up to the age of three months shall not be counted.

• (2) See Section 37-50.100: Home occupations. (3) See Section 37-50.120: Large family day care homes. (4) See Section 37-50.140: Mobilehome parks. (5) Interim housing serving six or fewer people shall be allowed with a SPR. Such facilities shall be designed to accommodate a group living environment. Labor camps are not permitted.

• (6) Accessory uses and structures will require a SPR or a CUP if required for the principal use. (7) See Section 37-50.300: Temporary use of land. (8) See Section 37-50.250: Accessory dwelling units. An accessory dwelling unit shall only be permitted on a lot with a single-family detached dwelling.

• (9) See Section 37-50.290: Telecommunication facilities. (10) Minor utilities shall not unreasonably interfere with the use, enjoyment, or aesthetics of adjacent uses. (11) Utility sheds are permitted uses on lots with single-family detached dwellings only. See Section 37-50.010(i): Utility Sheds. (12) Water well, drainage, and flood control facilities may be considered subject to the approval of a CUP. (13) Single-family detached dwellings in the R-H district shall be subject to the R-M-3.6 district regulations. (14) Must meet the minimum density requirements of the applicable district except as otherwise provided in this section.

• (15) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.170 and design standards of 37-30.180.

(Ord. No. 2463 (NCS); Ord. No. 2581 (NCS), § 8, 12-6-2016; Ord. No. 2656 (NCS), § 4, 5-10-2022)

Sec. 37-30.170. - Development regulations.

Table 37-30.80 identifies the development regulations for the residential high density (R-H) districts:

(Ord. No. 2463 (NCS).)

(Ord. No. 2537 (NCS), § 1, 4-30-2013; Ord. No. 2569 (NCS), § 3, 4-19-2016; Ord. No. 2592 (NCS), § 1) Sec. 37-30.180. - Design standards.

(a)

Purpose. These design standards are intended to assist the designer in understanding the city's requirements for high quality multifamily and higher density residential development. These standards complement the development regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of the various regulations. The designer

shall also refer to the R-L district design standards, as many of the same architectural and design principles shall be applicable to higher density developments. These standards ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. The standards are also intended to promote higher density development that is pedestrian-oriented, safe, and reflects traditional neighborhood design principles.

(b)

Site Planning.

(1)

Multifamily housing, because of its higher densities, tends to generate large parking areas. If not properly designed, parking facilities can dominate the site and open spaces may be relegated to leftover areas, not related to the structures or the people who live there.

(2)

Multifamily developments with dwelling units that face the street are highly encouraged. Developments that are surrounded by parking lots and rows of carports are examples of practices to be avoided. Instead, multifamily developments that have dwelling units that are oriented to the street, with covered architectural entry features or front porches that provide direct access to the street, and parking areas that are located to the rear of the dwelling units are desirable. Such site planning and design promotes neighborhood interaction, provides "eyes on the street," and ensures a more pedestrian-friendly streetscape.

(3)

Clustering of multifamily dwelling units should be a consistent site planning element. Structures composed of a series of simple yet varied planes assure compatibility and variety in overall building form. This can be accomplished through the use of design techniques such as:

(A)

Varying front setbacks within the same structure;

(B)

Staggered and jogged dwelling unit planes;

(C)

Using reverse building plans to add variety;

(D)

A maximum of two adjacent dwelling units with identical wall and rooflines; and

(E)

Using a variety of orientations to avoid the monotony of garage door corridors.

(4)

Natural Surveillance. Whenever feasible, design and placement of residential dwellings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement and type of landscape materials, types of walls and fences (including the use of picket, wrought-iron, and similar materials to promote visibility when appropriate), and other physical obstructions in a manner that discourages the potential for criminal activity.

(d)

Architecture. There is no particular architectural style required for multifamily residential structures. The primary focus shall be on constructing a high quality residential environment. The criteria presented here strives for this "quality" through descriptions and examples of appropriate building materials and architectural expression:

(1)

In general, the design of multifamily developments shall consider compatibility with the surrounding neighborhood. The design should ensure that the height and bulk of higher density projects do not adversely impact or overwhelm lower density residential areas.

(2)

Multifamily developments shall utilize a unifying theme and a consistent use of architectural elements and forms.

(3)

Architectural styles that incorporate three-dimensional features such as porches, balconies, bay windows, dormers, and similar features shall be used to break up large wall and roof surfaces and create visual interest. The "barrack or motel" look shall be avoided.

(4)

All elevations of the residential structures visible from streets and common open space areas in the project shall be architecturally treated.

(e)

Mass and Scale. Because multifamily projects are usually taller than one story, their bulk can impose on surrounding uses. The scale of such projects shall be considered within the context of their surroundings. Large projects should be broken up into groups of structures. The use of single "mega-structures" shall be avoided in favor of structures that have a "human" scale.

(f)

Materials. Materials selected for multifamily projects shall be very durable and require low maintenance. Piecemeal embellishment and frequent changes in materials shall be avoided. A palette of materials that

convey an image of quality and durability shall be used. Painted surfaces shall reinforce and be compatible with the architectural style of the buildings.

(g)

Facade and Roof Articulation. Long, unbroken facades and box-like forms shall be avoided. Building facades shall be broken up to give the appearance of a collection of smaller structures. To the extent possible, each of the dwelling units shall be individually recognizable. Separations, changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables, and the pattern and rhythm of windows and doors help mitigate the barrack-like appearance of flat walls and roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure's edge. Structures should incorporate at least one of the following:

(1)

For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide shall be provided. Such projections shall extend the full height of single story structures, at least half the height of a two-story building, and two-thirds the height of a three-story building; or

(2)

A change in wall plane of at least three feet in depth for each two dwelling units shall be provided.

==> picture [219 x 168] intentionally omitted <==

==> picture [283 x 252] intentionally omitted <==

(h)

Colors.

(1)

Exterior building and roofing colors shall be appropriate to and enhance the architectural style and materials of the structure. Large areas of intense primary color shall generally be avoided as the dominant overall color for a structure.

(2)

Primary or bold colors may only be used to accent architectural elements, such as door and window frames, trim, and similar features.

(3)

Minimize the number of colors that appear on the structure's exterior. Smaller residential structures shall generally use no more than three colors unless appropriate to the architectural style.

(4)

Roof flashing, rain gutters, and downspouts, vents, and other roof protrusions shall be finished to complement the adjacent materials and/or colors.

(i)

Project Entries. Project entry areas provide the resident and visitor with an overview to the project and create a positive identity for the development. They should provide an open window with landscaping, open space areas, and project directories. Special attention should be given to hardscape and landscape treatments to enhance the overall project image.

(j)

Parking.

(1)

Parking Lots and Drives.

(A)

In multifamily projects, large, monotonous, and undivided parking lots shall not be permitted. Parking areas shall be located to the rear of residential structures or within the interior of the development to reduce their visual impact on the streetscape. When environmental considerations or site constraints preclude such parking locations, dispersed parking courts located to the side of the dwelling units are the desired

alternative. In such case, the parking courts shall be screened from view of adjacent streets by a landscape planter and shall not be located closer to the street than the street facade building line of the principal residential structure.

(B)

Parking driveways, when located along the frontage of a site, isolate the development from its surroundings. Such driveways shall be avoided.

(C)

Parking areas shall be conveniently located to the dwelling units that use them.

(D)

Parking areas are encouraged to provide facilities for vehicles with alternative fueling systems (such as electric vehicle charging areas, etc.).

(E)

The principal vehicular access into a multifamily housing project shall be through an entry drive rather than a parking lot driveway whenever feasible. Colored, textured paving treatment at entry drives is required at a minimum depth of ten feet located immediately behind the street property line. When separate exit drives are provided a matching treatment shall be required. Landscaping and site design should frame and distinguish entry and exit drives.

(2)

Parking Courts.

(A)

A parking court of any length shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other.

(B)

The length of a parking court shall generally not exceed fourteen parking spaces.

(C)

Parking courts shall be separated from each other by dwelling units or by a landscaped buffer not less than thirty feet wide.

==> picture [288 x 252] intentionally omitted <==

(3)

Garages.

(A)

Individual parking garages within residential structures shall be enclosed behind garage doors.

(B)

Garages with parking aprons less than twenty-three feet in length shall have automatic garage door openers and sectional roll-up doors.

(C)

Rowhouse dwellings that front public streets shall have garages accessible from alleys/driveways located at the rear of the project.

(D)

Garages in multifamily developments shall be accessible only from the interior of a development and shall be oriented to not face public streets.

(4)

Carports. Where carports are permitted, they must follow the same criteria for spatial arrangement as parking courts. Carports may be incorporated with patio walls or used to define public and private open space, but incorporating carports into exterior project walls adjacent to streets is prohibited. The ends of each cluster of carports shall be landscaped if visible from public or private streets, alleys, or adjacent properties. No more than an average of ten covered spaces of uninterrupted parking shall generally be permitted.

(5)

Pedestrian Access from Parking. Landscape bulbs shall, wherever possible, align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. Bulbs that align with entrances should be at least two car spaces wide and should include a pathway as well as a vertical landscape or architectural element such as a trellis or a tree.

==> picture [312 x 252] intentionally omitted <==

(k)

Usable Open Space.

(1)

Residents of housing projects shall have safe and efficient access to usable open space, whether public or private, for recreation, and social activities. The design and orientation of these areas should take advantage of available sunlight and be sheltered from the wind, noise, and traffic on adjacent streets, and incompatible uses.

(2)

Required common open spaces shall be conveniently and centrally located to the majority of dwelling units in the development to promote a sense of community. Open space areas located within center courtyards is encouraged to provide resident privacy and security.

(3)

Common usable open spaces and children's play areas shall be visible from individual dwelling units and be connected to the internal pedestrian system in the development.

(4)

Private usable open spaces shall be contiguous to and have direct pedestrian access from the dwelling units they serve.

(5)

All usable open space areas shall have appropriate lighting and be regularly maintained to reduce the potential for criminal activities.

(l)

Landscaping. All areas not covered by structures, drives, parking, or hardscape shall be appropriately landscaped and maintained. Landscaping is used to frame, soften, and embellish the quality of the environment, to buffer dwelling units from undesirable views, and to break up large expanses of parking. To accomplish these design objectives, landscape elements need vertical dimension. Trees and tall shrubs are needed in addition to grass, small shrubs, and groundcover. Trees can also be used to provide shading and climatic cooling of nearby dwelling units and moderate prevailing winds.

(m)

Recycling and Solid Waste Disposal. Recycling and solid waste disposal areas must be fully enclosed by masonry walls and solid gates, and such facilities shall meet the service needs of the city's solid waste operator. These enclosures shall be softened with landscaping on their most visible sides when practical. Recommended locations include inside parking courts or at the end of parking bays. Locations shall be conveniently accessible for trash collection, maintenance, and pedestrians (a separate walk-in access shall be provided), shall minimize solid waste vehicle driveway length into the property, and shall not block access drives during loading operations.

==> picture [193 x 193] intentionally omitted <==

(n)

Security. Multifamily projects shall be designed to provide the appropriate amount of security for residents and visitors. Parking and other site amenities shall be appropriately lit and located so as to be visible from dwelling units. Landscaping and dwelling unit design, including window, door, and balcony/porch placement, shall be planned and maintained to provide views into places where people gather, including adjacent open space areas, on-site recreational facilities/tot lots, and streets and alleys.

(o)

Dwelling Unit Access. The use of long, monotonous access balconies and corridors that provide access to five or more dwelling units shall be avoided. Instead, access points to dwelling units should be clustered in groups of four or less. To the extent possible, the entrances to individual dwelling units shall be plainly visible from nearby parking areas and/or streets, as applicable. The use of distinctive architectural elements and materials to denote individual entrances is required. Individual dwelling units located adjacent to a public street shall be generally oriented to the street and include an entry feature such as porch that provides direct access to the street.

(p)

Exterior Stairs. When provided, simple, clean, bold projections of stairways are encouraged to complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster, or wood, with accent trim of complementary colors and railings appropriate to the architectural style of the residential structure. Thin-looking, open metal, prefabricated stairs are discouraged.

(q)

Accessory Structures.

(1)

Carports, detached garages, and other accessory structures shall be designed as an integral part of the architecture of projects. They shall be similar in materials, colors, and detail to the principal structure(s) of a development.

(2)

Carports, garages, and other accessory structures shall have a consistent roof design and pitch with the principal residential structure.

(3)

A carport's vertical support structure shall have sufficient mass to be visually as well as structurally harmonious with the roof structure. Thin-looking posts or poles shall be avoided.

(4)

Where garages are provided, doors shall appear to be set into walls rather than flush with the exterior wall.

(r)

Solar Panels. Solar panels shall generally be integrated into the roof design. Frames shall be colored to match roof colors. Natural aluminum finish is strongly discouraged. Any mechanical equipment shall be enclosed and completely screened from view.

(s)

Mechanical and Utility Equipment. All mechanical equipment whether mounted on the roof or ground must be screened from view. Utility meters and equipment shall be placed in locations that are not exposed to view from the street or they must be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.

==> picture [205 x 133] intentionally omitted <==

(t)

Infill Multifamily in Existing Neighborhoods. Efforts shall be made to integrate new multifamily projects into existing neighborhoods so that they are compatible with adjacent structures and fit within the context of the existing neighborhood.

(1)

Site Design. New multifamily developments shall be designed to continue the on-site relationships of the original structure(s) and surrounding neighborhood.

(2)

Front Yard Setbacks. Front yard setbacks for new multifamily developments shall be compatible with the setbacks of adjacent properties.

(3)

Architectural Compatibility. New multifamily development in existing neighborhoods shall incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development. For example: window and door detaining, facade decoration, materials, color, roof style and pitch, and porches.

(4)

Neighborhood Privacy. To provide privacy for adjacent dwelling units, windows on the second and higher floors of buildings which directly face or abut dwelling units in lower density residential zones should be

designed either as translucent, louvered, or utilize another solution to achieve privacy for the adjacent dwelling units.

==> picture [315 x 433] intentionally omitted <==

(u)

Nonresidential Facilities.

(1)

Nonresidential facilities such as water well pumping stations and storage, and the like, shall be designed to be compatible with the character of the surrounding neighborhood. Landscaping, decorative walls, or other buffering techniques, as appropriate, shall be used to ensure such facilities blend with and do not adversely impact adjacent uses.

(2)

Any buildings constructed in conjunction with such facilities shall be compatible with the materials, exterior colors, and any distinctive architectural characteristics found in the surrounding neighborhood.

(3)

The operators/property owners of such facilities shall be required (as a condition of approval) to provide regular maintenance for the life of such facilities (e.g., regular watering and care of vegetation (including replacement of any dead plant material or broken irrigation apparatus), trash and graffiti removal, and the repair and replacement of any damaged or worn-out facilities).

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 26, 5-18-2010)

Division 3. - Commercial (C) Districts.

Sec. 37-30.190. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the commercial (C) districts regulations is to:

(a)

Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region;

(b)

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;

(c)

Create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses;

(d)

Minimize the impact of commercial development on adjacent residential districts;

(e)

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located;

(f)

Provide opportunities for mixed use buildings/developments and residential developments in commercial districts;

(g)

Ensure the provision of adequate off-street parking and loading facilities;

(h)

Provide sites for public and semipublic uses complementary to commercial development or compatible with a commercial environment;

(i)

Encourage compact, attractive, and pedestrian-oriented streetscapes and commercial developments; and

(j)

Promote vital and safe commercial areas through the incorporation of crime prevention through environmental design (CPTED) features in building and site design;

(k)

The additional purposes of each commercial (C) district are as follows:

(1)

Commercial Office/Residential (CO/R) District. The commercial office/residential district provides a transitional zone between commercial and residential uses, with opportunities for limited commercial, institutional, office, service, and residential uses.

(2)

Commercial Office (CO) District. The commercial office (CO) district provides areas primarily for offices, personal services, financial services, mixed use residential, and for residential uses.

(3)

Commercial Retail (CR) District. The commercial retail (CR) district allows a wide range of retail stores, restaurants, hotels and motels, commercial recreation, personal services, business services, offices, financial services, mixed use residential, and/or limited residential uses.

(4)

Commercial Thoroughfare (CT) District. The commercial thoroughfare (CT) district provides areas for uses required by the traveling public such as hotels and motels, service stations, and restaurants with immediate access to U.S. Highway 101 and when appropriate mixed use residential, and /or limited residential uses.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 27, 5-18-2010; Ord. No. 2651 (NCS), § 1, 11-9-2021)

Sec. 37-30.200. - Use classifications.

Table 37-30.90 identifies the use classifications for properties located in the commercial (C) districts:

Table 37-30.90

Commercial (C) Districts Use Classifications

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

• (37) Permanent or temporary kiosks that are designed and included as part of a larger development review application for another use (such as a shopping center, retail, or restaurant use) that involves the entire subject parcel or lot where the kiosk will be located shall be subject to the same development review process as required for that use.

• (38) In the CO/R district, small project employee housing may be allowed in single-family dwellings—attached with a SPR.

• (39) See Section 37-50.095: Food Trucks.

• (40) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.210 and design standards of 37-30.220.

(Ord. No. 2463 (NCS).)

(Ord. No. 2494 (NCS), § 1, 3-10-2009; Ord. No. 2532 (NCS), § 11, 11-13-2012; Ord. No. 2569 (NCS), § 4, 4- 19-2016; Ord. No. 2646 (NCS), § 2, 8-10-2021; Ord. No. 2649 (NCS), § 2, 9-21-2021; Ord. No. 2651 (NCS), § 2, 11-9-2021; Ord. No. 2655 (NCS), § 1, 2-15-2022; Ord. No. 2656 (NCS), § 5, 5-10-2022)

Table 37-30.100 identifies the development regulations for the commercial (C) districts:

Table 37-30.100

Commercial (C) Districts Development Regulations

Notes:

==> picture [341 x 192] intentionally omitted <==

(F) See Section 37-50.080: Exceptions to height limits.

• (G) Any area between the front and corner side property line and the building, exclusive of driveways, shall be landscaped. (H) See Sections 37-50.070(a) and (b): Development on Existing Lots. (I) Minimum lot sizes may be reduced when the exclusive use of such lots is intended for utility substations, pumping substations, and other similar facilities, or in conjunction with shopping centers and office complexes where two or more separate lots would be created and be subject to a reciprocal agreement utilizing shared parking, landscaping, and related facilities when it can be demonstrated that the purpose of the district can be achieved and that the public health, safety, and general welfare will be maintained.

(J) For hotels and motels, the maximum FAR shall be 0.50 in the CT district and 0.40 in the CR district except that an additional 0.20 in FAR shall be allowed to accommodate breakfast rooms, meeting rooms, exercise rooms, interior hall and entry corridors, and similar guest facilities.

(Ord. No. 2463 (NCS).)

(Ord. No. 2651 (NCS), § 3, 11-9-2021)

Sec. 37-30.220. - Design standards.

(a)

Purpose. These design standards are intended to assist the designer in understanding the city's requirements for high quality commercial development. These standards complement the development regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of the various regulations. These standards ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. The standards are also intended to promote commercial developments, which are pedestrian-oriented, safe, and reflect traditional neighborhood design principles.

(b)

General Design Principles.

(1)

Desirable Elements. The qualities and design elements for commercial structures and developments that are most desirable include:

(A)

Richness of surface and texture;

(B)

Significant wall articulation (insets, canopies, wing walls, trellises, etc.);

(C)

Pedestrian-oriented with a "human" scale;

(D)

Multi-planed, pitched roofs;

(E)

Roof overhangs, arcades, awnings, and prominent/attractive entry features;

(F)

Regular or traditional window rhythm;

(G)

Articulated mass and bulk;

(H)

Transparency;

(I)

Significant landscape and hardscape elements;

(J)

Prominent access driveways;

(K)

Street oriented primary building entrances;

(L)

Windows, doors, and balconies placed to facilitate natural surveillance;

(M)

Landscaped and screened parking; and

(N)

Comprehensive sign programs.

(2)

Undesirable Elements. The elements to avoid or minimize include:

(A)

Large blank, monotonous, and unarticulated wall surfaces that contribute little to the streetscape and discourage natural surveillance;

(B)

Primary building entrances that are not oriented to the street and not pedestrian-oriented;

(C)

Highly reflective surfaces that create glare;

(D)

Metal siding on the main facade;

(E)

Plastic siding;

(F)

Square "box-like" structures;

(G)

Mix of unrelated styles (e.g., rustic wood shingles and polished chrome);

(H)

Large, out of scale signs;

(I)

Visible outdoor storage, loading, and equipment areas; and

(J)

Disjointed parking areas and confusing circulation patterns.

(c)

Site Planning.

(1)

Placement of structures shall consider the existing built context of the commercial area, the location of incompatible land uses, the location of major traffic generators, as well as, an analysis of a site's characteristics and particular influences.

(2)

Site structures in a manner that will complement adjacent structures.

(3)

Plan and develop the whole project site in a coordinated manner to provide order, compatibility, and diversity.

(4)

Site structures in a manner that establishes attractive and inviting places in order to form the basis for positive impressions and perceptions of the community.

(5)

Site structures and other improvements in a manner that maximizes visibility of public areas (e.g., parking lots, plazas), and streets and alleys to maximize opportunities for people engaged in their normal behavior to observe the space around them.

(6)

Locate structures and on-site circulation systems to minimize pedestrian/vehicle conflicts where possible. Link structures to the public sidewalk, where feasible, with ADA/Title 24 compliant textured paving, landscaping, and trellises.

(7)

Recognize the importance of spaces between structures as outdoor rooms on the site. Outdoor spaces shall have clear, recognizable shapes that reflect careful planning and are not simply left over areas between structures. Such spaces shall provide pedestrian amenities such as shade, benches, fountains, etc.

(8)

Orient freestanding singular commercial structures with their major entry toward the street where access is provided and to have their major facade parallel to the street.

(9)

Loading facilities shall not be located at the front of structures where it is difficult to adequately screen them from view. Such facilities are more appropriate at the rear of the site. Such facilities shall be screened.

(10)

Open space areas shall be clustered into larger, landscaped areas rather than equally distributing them into areas of low impact such as at building peripheries, behind structures, or in other areas of little impact to the public view.

(11)

Structures are encouraged to be sited along street frontages with parking in the rear when located on pedestrian-oriented streets. Placing parking behind buildings rather than in front of buildings helps to preserve an attractive streetscape and improves pedestrian access to surrounding activities and uses, and it provides an urban border for the street.

(12)

The location and heights of structures are encouraged to relate to adjacent open spaces to allow maximum sun and ventilation, protection from prevailing winds, enhance public views of surrounding mountains, and minimize obstruction of view from adjoining structures.

(13)

When appropriate, new structures are encouraged to be clustered to create plazas.

(d)

Natural Surveillance. Whenever feasible, design and placement of buildings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement of parking, lighting, and refuse containers, placement and type of landscape materials, plazas, and other open space areas, location of walkways, types of walls and fences (including the use of picket, wrought-iron, and similar materials to promote visibility when appropriate), and other physical obstructions in a manner that discourages the potential for criminal activity.

(e)

Architecture. A diversity of architectural styles is encouraged except in large-scale developments where a harmonious or unified architectural style is generally desirable.

(f)

Facade Articulation. Large buildings that give the appearance of box-like structures are generally unattractive and monotonous. To improve the appearance of large buildings:

==> picture [252 x 240] intentionally omitted <==

(1)

Vary the planes of the exterior walls in depth and/or direction. Wall planes shall not run in a continuous direction for more than fifty feet without an offset proportional to the building size or an architectural feature such as a column to provide visual interest.

(2)

Vary the height of the buildings so that it appears to be divided into distinct massing elements.

(3)

Articulate the different parts of a building's facade by use of color, arrangement of facade elements, or a change in materials.

(4)

Use landscaping and architectural detailing at the ground floor level to lessen the impact of an otherwise bulky building.

(5)

Avoid blank walls at the ground floor level. Utilize windows, trellises, wall articulation, arcades, change in materials, or other features.

(6)

Set back buildings from property lines to avoid the use of parapet walls unless abutting existing buildings. Parapet walls can abruptly change the continuity of a building's architecture by creating a cut-off effect and result in large blank walls.

(7)

Architecturally treat all building facades visible from public streets and public areas (such as parking areas).

(g)

Mass and Scale. Scale is the relationship between the size of the new structure and the size of adjoining permanent structures. It is also how the proposed building's size relates to the size of people. Large-scale building elements will appear imposing if they are situated in a visual environment that is predominantly smaller in scale. There are several ways to reduce the appearance of large-scale and bulky structures.

(1)

Building scale can be reduced through the proper use of window patterns, structural bays, roof overhangs, siding, awnings, moldings, fixtures, and other details that promote a "human" scale.

(2)

The scale of buildings should be carefully related to adjacent pedestrian areas (e.g., courtyards) and other structures.

(3)

Height and scale of new development shall be compatible with that of surrounding development. New development height shall "transition" from the height of adjacent development to the maximum height of the proposed structure.

(4)

Large dominating structures shall be broken up by:

(A)

Creating horizontal emphasis through the use of trim;

(B)

Adding three-dimensional architectural elements;

(C)

Use of combinations of complementary colors; and

(D)

Use of landscape materials.

(h)

Colors.

(1)

Exterior building and roofing colors shall be appropriate to and enhance the architectural style and materials of the structure. Large areas of intense primary color shall generally be avoided as the dominant overall color for a structure.

(2)

Primary or bold colors should only be used to accent elements, such as door and window frames and architectural details.

(3)

The color palette chosen for new structures shall generally be compatible with the colors of adjacent structures. An exception is where the colors of adjacent structures strongly diverge from these design standards.

(4)

Minimize the number of colors appearing on the structure's exterior. Small commercial structures shall generally use no more than three colors unless appropriate to the architectural style.

(5)

Roof flashing, rain gutters, and downspouts, vents, and other roof protrusions shall be finished to complement the adjacent materials and/or colors.

(i)

Wall Treatments.

(1)

Base and Top Treatments. All building facades shall have a recognizable base, middle, and top unless the city planner determines that such elements would be inappropriate with the architectural style of the building. The base shall include elements such as richly textured materials, darker color materials, mullions, panels, and similar features, or enhanced landscaping of mature and specimen shrubs and trees with a minimum planter depth of five feet exclusive of curbs. The middle forms the area between the base and the top and as such should be distinguishable from the other two elements. A top shall include elements such as cornice treatments, roof overhangs, stepped parapets, richly textured materials such as tile or masonry treatments, or similar features.

(2)

Materials. The choice and mix of materials on the facades of structures is important in providing attractive commercial development. Materials shall be consistently applied on all facades and be chosen to work harmoniously with adjacent materials. Piecemeal embellishment and frequent changes in materials shall be generally avoided. Materials tend to appear substantial and integral when material changes occur at changes in plane. Material or color changes at the outside corners of structures give an impression of thinness and artificiality, which shall be avoided. Material changes shall not occur at external corners, but

may occur at reverse or interior corners from the edge of external corners. Material changes not accompanied by changes in plane give materials an insubstantial or applied quality.

==> picture [399 x 180] intentionally omitted <==

(3)

Awnings and Canopies. Awnings and canopies shall be subject to the following:

(A)

Awnings/canopies shall not be located so as to obscure transom windows, piers, pilasters, and other architectural building features and are encouraged to be designed to project over individual doors and window openings where feasible. Awnings/canopies that are a continuous feature extending over several windows, doors, and other architectural features are generally discouraged.

(B)

The size of the awning/canopy shall be proportional in scale with the building to which it is attached.

(C)

No portion of an awning/canopy shall be less than eight feet above the surface above which it projects (fourteen feet above a roadway surface) or shall project more than five feet into a public right-of-way. An encroachment permit is required for any awning/canopy located within the public right-of-way.

(D)

The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel-shaped awnings are appropriate for buildings with arched window/door openings.

(E)

An awning/canopy with a single, solid color is preferred. The color of the awning/canopy shall be compatible with and complement the exterior color(s) of the building. Awning/canopy colors that call more attention to the awning/canopy than the building are inappropriate.

(F)

Awnings/canopies shall be regularly cleaned and kept free of visible defects and wear.

(G)

Awnings/canopies with signs shall require the issuance of a sign permit in accordance with Article V, Division 3: Signs.

==> picture [392 x 217] intentionally omitted <==

(4)

Transparency and Windows. Transparency standards help strengthen the relationship between buildings and the street, and other pedestrian-oriented areas and increases public safety by placing eyes on the activity in these areas. The following features shall be utilized along those building facades which face pedestrian-oriented street frontages and public open space areas such as plazas:

(A)

Windows and entry doors (public) in buildings shall not have reflective, translucent, or dark tinted glass on the ground floor as it prevents and discourages building transparency.

(B)

Building facades shall not have a section of blank wall exceeding thirty linear feet without being interrupted by a window or entry door or other architectural feature that promotes building transparency.

(C)

The primary building entry shall be generally visible from the street(s).

(j)

Roof Treatments.

(1)

The roofline at the top of the structure shall not run in continuous plane for more than fifty feet without offsetting or jogging the roof plane.

(2)

All roof top equipment shall be screened from public view by screening materials of the same nature as the structure's basic materials. Mechanical equipment shall be located below the highest vertical element of the building. Plain equipment boxes are not acceptable.

(3)

The following roof materials shall not be used:

(A)

Corrugated metal (standing rib metal roofs are permitted) unless the city planner determines the material is appropriate for the architectural style or theme of the building;

(B)

Highly reflective surfaces that create glare; and

(C)

Illuminated roofing.

==> picture [430 x 144] intentionally omitted <==

(k)

Parking and Circulation. Parking lot design can be a critical factor in the success or failure of a commercial use. In considering the possibilities for developing a new parking area, a developer shall analyze the following factors: ingress and egress with consideration to possible conflicts with street traffic; pedestrian and vehicular conflicts; on-site circulation and service vehicle zones; and the overall configuration and appearance of the parking area.

(1)

Separate vehicular and pedestrian circulation systems shall be provided. Pedestrian linkages between uses in commercial developments shall be emphasized, including distinct pedestrian access from parking areas in large commercial developments, such as shopping centers.

(2)

Parking aisles shall be separated from vehicle circulation routes whenever possible.

(3)

Common driveways that provide vehicular access to more than one site are encouraged.

(4)

Parking areas shall be landscaped, receiving interior as well as perimeter treatment.

(5)

Parking areas shall be separated from structures by either a raised concrete walkway or landscaped strip, preferably both. Situations where parking spaces directly abut structures shall be avoided whenever possible.

(6)

Whenever feasible, shared parking between adjacent businesses and/or developments is highly encouraged.

(7)

Where parking areas are connected, interior circulation shall allow for a similar direction of travel, and parking bays in all areas to reduce conflict at points of connection.

(8)

Whenever feasible, locate site entries on side streets in order to minimize pedestrian/vehicular conflicts. When this is not feasible, design the front site entry with appropriately patterned concrete or pavers to differentiate it from the sidewalks.

(9)

Parking access points shall be located as far as possible from street intersections so that adequate stacking room is provided. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

(10)

Parking areas and pedestrian walkways shall be visible from structures to the greatest degree possible.

(11)

Driveway Entrances. Colored, textured pavement paving shall be provided at a minimum depth of ten feet at all primary vehicular driveway entrances and exits (immediately behind the street right-of-way line) to the development.

==> picture [381 x 252] intentionally omitted <==

(12)

Design parking areas so that pedestrians walk parallel to moving cars. Minimize the need for the pedestrian to cross parking aisles and landscape areas to access structures. When such design is not feasible, pedestrian walkways shall be provided which connect the parking areas and the structures. Such walkways shall be clearly demarked from the parking areas and drive aisles through the use of colored, textured paving or similar treatment.

(13)

The parking area shall be designed in a manner that links the structures to the street sidewalk system as an extension of the pedestrian environment. This can be accomplished by using design features such as walkways with enhanced (colored, textured) paving, trellis structures, or a special landscaping treatment.

(14)

Parking areas that accommodate a significant number of vehicles shall be divided into a series of connected smaller lots divided by landscaping or buildings.

(15)

Parking areas are encouraged to be located to the rear or side of buildings along pedestrian-oriented street frontages.

(16)

The first parking stall which is perpendicular to a driveway or first aisle juncture, shall be set back a sufficient distance from the curb to avoid traffic obstruction based on the number of parking spaces and traffic conditions at the driveway intersection. With larger centers, significantly more setback area will likely be required.

(17)

Use an opaque landscaped wall or a landscaped berm to soften views of any parking that is visible from the street periphery. A combination of walls or berms and landscape material is required when parking abuts a street frontage. Where practical, lowering the grade of the parking lot from existing street elevations may aid in softening views of automobiles while promoting views of architectural elements of the structures beyond.

==> picture [301 x 145] intentionally omitted <==

(18)

Parking areas are encouraged to provide facilities for vehicles with alternative fueling systems (such as electric vehicle charging areas, etc.)

(19)

Where appropriate, the use of parking structures instead of parking lots is encouraged. A parking structure's smaller footprint makes parking a less obtrusive use than parking lots. Whether placed underground where it can serve as the foundation for buildings or above ground, parking structures shall be designed to minimize the impact of the structure on the street and to be compatible with the architectural style of surrounding buildings. Structures which are linked to adjoining uses or which provide retail or office uses on the ground floor of the parking structure are encouraged.

(l)

Landscaping.

(1)

Landscaping for commercial uses shall be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for loading and equipment areas.

(2)

Landscaping shall be in scale with adjacent structures and be of appropriate size at maturity to accomplish its intended purpose.

(3)

Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the structure. This shall be accented at entrances to provide focus.

(4)

Trees shall be located throughout the parking lot and not simply at the ends of parking aisles. In order to be considered within the parking lot, trees shall be located in planters that are bounded on at least three sides by parking area paving.

(5)

Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, or the use of concrete curbs.

(6)

Vines and climbing plants integrated upon buildings, trellises, and walls are strongly encouraged.

(7)

Use potted plants in clay or decorative concrete containers, especially for enhancement of sidewalk shops, plazas, and courtyards, and to soften the hardscape.

(8)

At maturity, trees shall be able to be trimmed ten feet above ground and shrubs shall be maintained at a height of approximately three feet when visibility is a factor.

==> picture [325 x 228] intentionally omitted <==

(m)

Fences and Walls.

(1)

If not required for a specific screening or security purpose, walls should not be utilized within commercial areas. When used, the intent is to keep the walls as low as possible while performing their screening and security functions.

(2)

Where walls are used along property frontages, or screen walls are used to conceal storage and equipment areas, they shall be designed to blend with the site's architecture. Both sides of all perimeter walls or fences shall be architecturally treated when visible from public or private streets and public areas such as parking lots and plazas. Landscaping shall be used in combination with such walls whenever possible.

==> picture [178 x 217] intentionally omitted <==

(3)

When security fencing is used, it should be a combination of solid walls with pillars and decorative view ports, or short solid wall segments and wrought iron grill work.

(4)

Long expanses of fence or wall surfaces shall be offset or architecturally designed to prevent monotony. Landscape pockets or vines shall be provided whenever possible.

(B)

Barb or razor wire and similar fencing shall be prohibited in commercial districts.

(n)

Screening.

(1)

Any outdoor equipment, whether on the roof or side of a structure, or on the ground, shall be appropriately screened from public view. The method of screening shall be architecturally integrated with the adjacent

structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable.

(2)

Screening for outdoor storage (including cart storage) shall be determined by the height of the material or equipment being screened. When allowed, exterior storage shall be confined to portions of the site least visible to public view. Where screening is required, a combination of elements shall be used including solid masonry walls, berms, and landscaping. Chain link fencing with wood or metal slatting is only permitted when not visible from a public or private street or public areas, such as parking lots and plazas.

==> picture [246 x 217] intentionally omitted <==

(3)

Drive-through aisles, car wash entrances/exits, wash stalls, and similar uses shall be screened from view of adjacent streets by building orientation and/or the provision of landscaping, trellises, berms, low walls, or other features that are compatible with the architecture design and exterior materials of the building.

(o)

Lighting.

(1)

Lighting shall be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping and receiving, walkways, and working areas.

(2)

The design of light fixtures and their structural support shall be architecturally compatible with the main structures on-site. Illuminators shall be integrated within the architectural design of the structures.

(3)

As a security device, lighting should be adequate, but not overly bright. All building entrances shall be appropriately lighted.

(4)

All lighting fixtures shall be shielded to confine light spread within the site boundaries and reduce "skyglow" impacts.

(5)

Exterior nonflashing neon lighting or colored lighting used as a building accent rather than an advertising feature may be considered subject to the approval of a conditional use permit.

(p)

Signs.

(1)

Every structure and commercial development should be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with the building scale, and sign readability shall be considered in developing the signing concept. All signing shall be highly compatible with the building and site design relative to color, style, material, and placement.

==> picture [261 x 300] intentionally omitted <==

(2)

Monument-type signs are the preferred alternative for business identification in new developments. Where several tenants occupy the same site, individual wall mounted signs are appropriate in combination with a

monument sign identifying the development and address.

(3)

The use of backlit individually cut letter signs is strongly encouraged. Can-type signs are discouraged in new developments except for logo signs.

(4)

Each development site should be appropriately signed to give directions to loading and receiving areas, visitor parking, and other special areas.

(q)

Kiosks. Kiosk design and exterior color(s) shall be compatible with the architectural style and exterior color(s) of surrounding buildings.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 28, 5-18-2010)

Division 4. - Mixed Use (MU) Districts.

Sec. 37-30.230. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the mixed use (MU) districts regulations is to:

(a)

Promote and provide development opportunities for integrated, complementary housing and employment opportunities in the same building, on the same parcel or within the same block. This district allows more intensive development on busier streets without fostering a strip commercial appearance. This development will support transit use and provide a buffer between busy streets and residential neighborhoods, and provide new housing opportunities in the city. The emphasis of nonresidential uses is primarily on locally oriented/neighborhood serving retail, service, and office uses. Development is encouraged to provide businesses on the ground floor with housing on upper stories and provides incentives to assist in achieving this goal. However, stand-alone commercial, public and semipublic, and residential development is also permitted;

(b)

Promote compact development that is intended to be pedestrian-oriented with buildings close to and oriented to the sidewalk;

(c)

Promote residential development that is appropriate in an urban setting in mixed use buildings by providing incentives, as well as, standards and regulations to minimize conflicts between different types of uses; and

(d)

Promote vital and safe mixed use areas through the incorporation of crime prevention through environmental design (CPTED) features in development;

(e)

The purposes of each mixed use (MU) districts are as follows:

(1)

Mixed Arterial Frontage (MAF) District. The mixed arterial frontage district provides a combination of mixed use, commercial, and small-scale non-nuisance industry along certain areas of North Main Street, East and West Market Streets, and other arterials that have highly mixed land use patterns of existing development. Stand-alone residential uses within the MAF district are generally not encouraged, unless on a vacant site or as part of a comprehensive revitalization of the property subject to the approval of a conditional use permit. Residential uses in mixed use buildings may only be combined with office, retail, restaurants, and service commercial uses, and not with industrial, maintenance, vehicle repair and restoration, or storage activities.

(2)

Mixed Use (MX) District. The mixed use district provides opportunities for mixed use, office, public and semipublic uses, and commercial uses that emphasize retail, entertainment, and service activities. Medium and high density residential uses are encouraged within MX districts to facilitate pedestrian-oriented activity centers.

(Ord. No. 2463 (NCS).)

Sec. 37-30.240. - Use classifications.

Table 37-30.110 identifies the use classifications for properties located in the mixed use (MU) districts:

Nonconforming Uses and Structures

See Section 37-50.160: Nonconforming uses and structures.

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 1, 5-18-2010; Ord. No. 2532 (NCS), § 12, 11-13-2012; Ord. No. 2569 (NCS), § 4, 4- 19-2016; Ord. No. 2646 (NCS), § 3, 8-10-2021; Ord. No. 2649 (NCS), § 3, 9-21-2021; Ord. No. 2655 (NCS), § 2, 2-15-2022; Ord. No. 2656 (NCS), § 6, 5-10-2022)

Editor's note— Ord. No. 2532 (NCS), § 12, adopted Nov. 13, 2012, set out provisions adding notes (42) and (43). To avoid number duplication, and at the editor's discretion, these provisions were included as notes (43) and (44), respectively.

Sec. 37-30.250. - Development regulations.

Table 37-30.120 identifies the development regulations for the mixed use (MU) districts:

Notes:

==> picture [312 x 180] intentionally omitted <==

(N) See Section 37-50.040: Building projections into yards.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 29, 5-18-2010)

To encourage pedestrian-oriented activity centers in the mixed use districts and as an incentive to foster mixed use buildings when no more than twenty-five percent of the gross floor area of the ground floor of the mixed use building(s) is dedicated to residential use and the building includes a minimum commercial gross floor area ratio (FAR) of 0.25, the following incentives are provided:

(a)

The residential bedrooms per dwelling unit mix requirement of the R-H-1.8 district for three- and fourbedroom dwelling units is waived.

(b)

The usable open space requirement of the R-H-1.8 district is reduced from five hundred square feet per dwelling unit to one hundred square feet per dwelling unit for studio, one-bedroom and two-bedroom dwelling units, and to three hundred square feet per dwelling unit for three-bedroom dwelling units, and to four hundred square feet per dwelling unit for four- or more bedroom dwelling units provided each dwelling unit is provided with a balcony/terrace of at least sixty square feet in size which is directly accessible to the dwelling unit. No more than thirty percent of the total number of dwelling units in a mixed use building may have more than two bedrooms to receive the reduced open space incentive.

(c)

Parking requirements are reduced to one parking space per dwelling unit for studio, one-bedroom and twobedroom dwelling units and one parking space for each four hundred square feet of commercial floor area. The parking requirements for dwelling units with more than two bedrooms shall comply with the R-H-1.8 district parking requirements.

(d)

No loading areas shall be required for commercial uses under thirty thousand square feet in size.

(e)

Within a mixed use building providing commercial uses of at least 0.25 FAR, allowable floor area may be substituted for residential dwelling units at a ratio of one dwelling unit for each one thousand square feet of allowable floor area to the maximum FAR of 1.0. For example, the maximum development potential of a one-acre lot is forty-three thousand five hundred sixty square feet of commercial floor area plus ten dwelling units. A proposed mixed use building providing at least ten thousand eight hundred ninety square feet of commercial floor area could also include forty-three dwelling units as follows: 43,560 sq. ft. × 0.25 = 10,890 sq. ft.; 43,560 sq. ft. - 10,890 sq. ft. = 32,670 sq. ft./1,000 sq. ft. = 33 dwelling + 10 dwelling units = 43 dwelling units.

(f)

The following additional requirements shall also apply to mixed use buildings:

(1)

Mixed use buildings must incorporate ground floor occupancies and uses (storefronts or offices regularly open and accessible to the public) which are oriented to the public sidewalks/streets to enhance the pedestrian environment.

(2)

Access to the residential dwelling units shall be provided from a separate ground floor entry and not through a commercial storefront or use.

(3)

Yards shall be in accordance with the applicable MU district.

(4)

Commercial uses within mixed use residential buildings shall be limited to retail, restaurants, offices, services, and similar pedestrian-oriented uses.

(5)

No more than twenty-five percent of the gross floor area of the ground floor of a mixed use building shall be residential to receive the incentives unless approved subject to Section 37-30.270: Modification of use regulations.

(Ord. No. 2463 (NCS).)

Sec. 37-30.270. - Modification of use regulations.

(a)

Mixed use buildings in the MAF or MX districts proposing more than twenty-five percent of the ground floor area dedicated to residential use or less than a minimum commercial gross floor area ratio of 0.25 may request to receive the incentives specified in Section 37-30.260: Mixed use building incentives or other incentives subject to the approval of a conditional use permit. In addition to the findings established in Article VI, Division 8: Conditional Use Permits, the applicant shall be required to also demonstrate how the project will achieve the following:

(1)

The project meets the basic purposes of Section 37-30.230: Purpose and the applicable district.

(2)

The project helps achieve a mix of uses in an area because no more than thirty percent of the existing ground floor area on the block is developed for residential use.

(3)

The project design is consistent with the development regulations and design standards of this division.

(Ord. No. 2463 (NCS).)

Sec. 37-30.280. - Design standards.

(a)

Purpose. These design standards are intended to assist the designer in understanding the city's requirements for high quality development (residential, mixed use, and nonresidential) in the mixed use districts. These standards complement the development regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of the various regulations. These standards ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. These standards are also intended to ensure that buildings and dwellings are visually compatible with one another and adjacent neighborhoods and create mixed use areas, which are attractive, compact, pedestrian and transit-oriented, active, and safe.

==> picture [255 x 156] intentionally omitted <==

(b)

Applicability. These standards shall also apply to applicable properties located in the focused growth overlay district.

(c)

Site Planning. The location of structures and other site improvements shall create a pedestrian-oriented environment with safe, pleasant, convenient, and accessible pedestrian routes to public sidewalks, transit facilities, and adjacent uses. Site planning shall incorporate the following:

(1)

Structures shall be sited along street frontages of sites with parking in the rear or in limited circumstances to the side. Placing parking areas behind rather than in front of buildings helps to preserve an attractive streetscape and improve pedestrian access to surrounding activities and uses, and it provides an urban border for the street.

(2)

Placement of structures, entrances, and open space areas such as plazas and courtyards shall be oriented to provide direct access to public sidewalks and streets to the maximum extent possible to facilitate pedestrian access and movement between adjacent uses.

(3)

Buildings shall be arranged to create a sense of unity and overall harmony with adjacent structures. A visual link between separate structures can be established through the use of an arcade system, trellis, or similar feature.

(4)

Buildings shall be sited in a manner that maximizes visibility of plazas, courtyards, streets, and alleys to provide opportunities for people engaged in their normal behavior to observe the spaces around them.

(5)

The location of outdoor spaces shall have clear, recognizable shapes that reflect careful planning and are not simply left over areas between structures. Such spaces shall provide pedestrian-oriented amenities such as shady areas, art, benches, fountains, landscaping, etc.

(d)

Natural Surveillance. Whenever feasible, design and placement of buildings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement of parking, lighting, and refuse containers, placement and type of landscape materials, plazas, and other open space areas, location of walkways, types of walls and fences (including the use of picket, wrought-iron, and similar materials to promote visibility when appropriate), and other physical obstructions that discourage the potential for criminal activity.

(e)

Yards/Setbacks.

(1)

Buildings with ground floor residential uses shall have a maximum front yard and corner side yard of ten feet to accommodate stairs, landings, porches, covered architectural entry features, and similar building features.

(2)

When provided, the front or corner side yard shall include landscaping and/or a hard-surface expansion of the sidewalk. Walkway connections to building entrances shall include special paving treatment or materials. The use of awnings, canopies, and arcades shall be incorporated as appropriate to provide visual interest, shade, and protect pedestrians from the elements.

(3)

All other buildings shall generally have no required yard and be located directly behind the sidewalk to facilitate pedestrian access to the public realm. Portions of the front or corner-side street facades may be setback to allow for pedestrian-oriented outdoor areas and amenities only, such as plazas and courtyards,

outdoor patio dining areas, public art, fountains, entry forecourts, landscaping, or other amenities appropriate to an urban setting. When provided such yards shall generally be no more than ten feet, except where ground floor building space is occupied by retail or other pedestrian-oriented uses with entrances opening directly to a plaza or courtyard. In such cases, the city planner may allow the maximum front or corner-side yard to be extended.

(f)

Building Entrances.

(1)

The main building entrance or entrances shall be oriented to the street or plazas, as applicable, to maximize natural surveillance and provide "eyes on the street." The main entries to buildings shall be clearly demarcated, visible and accessible from the street and/or pedestrian walkways. Main entries shall be recessed or framed by a sheltering element such as an awning, arcade, porch, or portico. Such entrances shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot, or loading area to gain access to the entrance from the street. Secondary building entries may be from parking areas.

(2)

All residential dwellings fronting on streets shall have a main entrance opening onto the front or corner side facade of the dwelling at the ground floor level. Such an entrance shall open directly to the outside. The entrance may be above grade level through a porch, stoop, portico, or similar architectural feature. Ground floor single-family attached dwellings fronting on a street shall have separate entries directly from the sidewalk or a pedestrian walkway. Upper story and ground floor residential dwelling units in a multifamily or mixed use building fronting on streets may share one or more entries accessible directly from the street.

(3)

Multifamily residential buildings with facades over one hundred fifty feet in length facing a street frontage shall provide a minimum of two or more pedestrian building entrances on that frontage.

(g)

Architecture. There is no particular required style for structures and buildings in the mixed use districts. The primary focus shall be on the construction and design of a high quality pedestrian-oriented buildings and developments. A diversity of styles is encouraged.

(h)

Mass and Scale.

(1)

The mass and scale of a new development shall be compatible with neighboring developments and not overwhelm them with disproportionate size or a design that is out of character.

(2)

At residential edges, buildings shall maintain low profiles to provide a transition between urban and residential areas. Taller elements of the building shall increasingly step back from adjacent single-family residential zones.

(3)

Building scale shall be reduced through the proper use of window patterns, structural bays, roof overhangs, awnings, moldings, fixtures, and other details that promote a "human" scale.

(i)

Facade Articulation.

(1)

Building design shall avoid large monotonous facades, long straight-line building fronts, plain box shapes, and barren exterior treatment. All building facades visible from streets or public areas such as plazas shall be highly articulated, and incorporate the chosen design theme in a consistent manner.

==> picture [132 x 300] intentionally omitted <==

(2)

Vary the planes of the exterior walls in depth and/or direction. Wall planes shall not run in a continuous direction for more than fifty feet without an offset proportional to the building size or an architectural feature such as a column to provide visual interest.

(3)

For residential dwelling units, the facades of the buildings shall be designed so as to give individual identity to each vertical module of dwelling units using techniques such as providing a deep notch (in plane) between the modules; varying architectural elements between dwelling units (e.g., window color, roof shape, window shape, stoop detail, railing type); providing porches and balconies; varying color or materials of each individual module within a harmonious palette of colors and materials, etc.

(j)

Roof Treatments. A variety of roof forms are permitted. Changes in roof form must correspond with a building's structural bays and massing.

(1)

Towers. Towers may be integrated into a building to provide a focal point for the primary entrance(s).

(2)

Articulation. At a minimum, the roofline at the top of the structure shall not run in a continuous plane for more than fifty feet without offsetting or jogging the roof plane.

(3)

Roof Materials. Roof materials shall be appropriate to the style of the building, roof form, and slope. Desirable roofing materials include tile, slate, metal, and composition shingles with an architectural grade shadow shake rather than a simple three-tab. The following roof materials shall not be used:

(A)

Corrugated metal (standing rib metal roofs are permitted) unless the city planner determines the material is appropriate for the architectural style or theme of the building;

(B)

Highly reflective surfaces that create glare; and

(C)

Illuminated roofing.

(k)

Wall Treatments. Architectural treatments bring identity and character to a neighborhood or district. A minimum number of differing architectural features supports visual interest on the street and relieves what too often become monotonous facades. These standards require structural articulation and are intended to produce an architecture that is internally consistent and produces adequate detail and relief in the massing as follows:

(1)

Base, Middle, and Top Treatments. Building facades shall have three recognizable elements: a base, middle, and top unless the city planner determines that such elements would be inappropriate with the architectural style of the building.

(A)

Base. Appropriate materials for the base include richly textured or darker colored materials, mullions, and or panels, masonry materials, special materials such as ceramic tile, granite, or marble, or landscaping.

(B)

Middle. The middle forms the area between the base and the top of the building facade and as such shall be generally distinguishable from the other two elements.

(C)

Top. The top should create an attractive profile for the building. Appropriate elements include cornice treatments, roof overhangs with brackets, stepped parapets, or richly textured materials (e.g., tile or masonry).

(2)

Materials.

(A)

Exterior materials and finishes shall be durable. Buildings must incorporate consistent, pedestrian-scale textures and details on all sides that are visible from public streets and pedestrian pathways.

(B)

Materials that are visibly simulated or prefabricated are discouraged. Scored plywood is prohibited.

(C)

Material changes must not occur at external corners, but may occur at reverse interior corners.

==> picture [128 x 180] intentionally omitted <==

(3)

Articulation. Facade articulation is required. Building fenestration (windows and doors placement) and changes in mass shall relate to structural systems and the organization of interior space. Vertical architectural features such as columns and piers help articulate building mass. Also, see subsection (i) of this section.

(4)

Awnings and Canopies. Awnings and canopies shall be subject to the following:

(A)

Awnings/canopies shall not be located so as to obscure transom windows, piers, pilasters, and other architectural building features and shall generally be designed to project over individual doors and window openings, where feasible. Awnings/canopies that are a continuous feature extending over several windows, doors, and similar architectural features are generally discouraged.

(B)

The size of the awning/canopy shall be proportional in scale to the building to which it is attached.

(C)

No portion of an awning/canopy shall be less than eight feet above the surface above which it projects (fourteen feet above a roadway surface) or shall project more than five feet into a public right-of-way. An encroachment permit is required for any awning/canopy located within the public right-of-way.

(D)

The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel-shaped awnings are appropriate for buildings with arched window/door openings.

(E)

An awning/canopy with a single, solid color is preferred. The color of the awning shall be compatible with and complement the exterior color(s) of the building. Awning/canopy colors that call more attention to the awning/canopy than the building are inappropriate.

(F)

Awnings/canopies shall be regularly cleaned and kept free of visible defects and wear.

(G)

Awnings/canopies with signs shall require the issuance of a sign permit in accordance with Article V, Division 3: Signs.

(5)

Transparency and Windows. Transparency standards help strengthen the relationship between buildings and the street and other pedestrian-oriented areas such as plazas and increases public safety by placing eyes on the activities that occur in these areas.

==> picture [231 x 180] intentionally omitted <==

(A)

For buildings which contribute to frontage along build-to lines, or are located along pedestrian-oriented street frontages or public open space areas such as plazas, the following shall apply:

(i)

Windows and entry doors (public) in buildings shall not have reflective, translucent or dark tinted glass on the ground floor as it prevents and discourages building transparency.

(ii)

Building facades shall not have a section of blank wall exceeding thirty linear feet without being interrupted by a window or entry door or other design element that promotes transparency.

(iii)

At least sixty percent of the linear length of nonresidential facades must contain windows, doors, or arcades at all levels. Clerestory windows or other high, non eye-level windows do not count towards the sixty percent requirement.

(iv)

For residential structures, one primary window (excluding clerestory and other high, non eye-level windows) shall be required in each room with an exterior wall on the street facades of the dwellings.

(B)

For buildings that do not contribute to frontage along build-to lines or are not located along pedestrianoriented street frontages or public open space areas such as plazas, the following shall apply:

(i)

The primary building entry and windows shall be generally visible from the street(s).

(ii)

The main entrance(s) shall open directly onto a publicly accessible connecting walkway. This walkway shall connect directly to the sidewalk or pedestrian walkway of an adjacent street.

(iii)

Building facades that are visible from the street shall not have a section of blank wall exceeding thirty linear feet without being interrupted by a window, entry, or a section of lattice with vines, or other architectural feature.

(l)

Privacy for Residential Dwelling Units.

(1)

To balance privacy, security, and pedestrian friendliness, the primary entrances of ground-floor residential dwelling units shall face a public sidewalk, and the finished-floor elevation shall be at least eighteen inches but no more than sixty inches above the sidewalk provided that an accessible "at grade" entrance is available.

(2)

Buildings should be oriented to promote privacy to the greatest extent feasible. In mixed use projects, residential windows should face away from loading, service, and recycling and solid waste deposal areas. To the extent residential windows face the windows of an adjacent dwelling unit, the windows shall be offset or incorporate other features to provide privacy.

==> picture [264 x 300] intentionally omitted <==

(3)

Windows, balconies, or similar openings should be oriented to minimize direct line-of-sight into adjacent dwelling units within the development. In addition, dwelling units above the ground floor shall generally be designed so that they do not look directly onto private patios or backyards of the adjoining residential property or dwelling units when feasible.

(4)

Landscaping may also be used to aid in privacy screening and as a buffer from commercial development.

(m)

Colors.

(1)

Exterior building and roofing colors shall be appropriate to and enhance the architectural style and materials of the structure. Large areas of intense primary color shall generally be avoided as the dominant overall color for a structure.

(2)

The color palette chosen for new structures shall generally be compatible with the colors of adjacent structures. An exception is where the colors of adjacent structures strongly diverge from these design standards.

(3)

Primary or bold colors may only be used to accent elements, such as door and window frames and architectural details.

(4)

Minimize the number of colors appearing on the structure's exterior. Small commercial structures shall generally use no more than three colors unless appropriate to the architectural style.

(5)

Roof flashing, rain gutters, and downspouts, vents, and other roof protrusions shall be finished to complement the adjacent materials and/or colors.

(n)

Treatment Adjacent to Residential Districts.

(1)

To provide privacy for adjacent dwelling units, windows on the second and higher floors of buildings, which directly face or abut residential zones, should be designed either as translucent, louvered, be offset from existing residential windows, or utilize another solution to achieve privacy for the adjacent dwelling units.

(2)

Developments shall be designed to minimize motor vehicle circulation through local single-family neighborhood streets; however, pedestrian connections are encouraged.

(3)

Parking areas shall be located and designed to be convenient in order to minimize parking in residential neighborhoods.

(4)

Building facades and garages that face existing dwelling units shall be designed to be compatible with the setbacks and scale of the existing development.

(o)

Vehicle Circulation and Access.

(1)

Site access and internal circulation shall promote safety, efficiency, and convenience. Vehicular traffic shall be adequately separated from pedestrian circulation. Vehicular entrances shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict.

(2)

The number of site access points or driveway aprons shall be minimized. Driveway entrances shall be located as far as possible from street intersections and shall be coordinated with existing or planned median openings and driveways on the opposite side of the roadway. Common driveways that provide vehicular access to more than one site are encouraged.

(3)

A driveway entrance for a drive-through lane shall not have direct access from the primary street serving the site. Such entrances shall only be located off driveways located within the interior of the development.

(p)

Pedestrian Circulation.

(1)

All new uses shall be oriented and designed to enhance pedestrian movement to and between adjacent uses and public streets.

(2)

New development shall include pedestrian walkways. Pedestrian circulation shall be adequately separated from vehicular traffic. Pedestrian entrances and walkways shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict.

(3)

In mixed use projects, pedestrian walkways shall link dwelling units with the compatible commercial facilities in the project, common open space, plazas and courtyards, parking areas, and public sidewalks.

(4)

Colored, textured paving shall be used to delineate pedestrian crossings at circulation drives and parking aisles.

(q)

Parking.

(1)

Mixed Use Buildings.

(A)

A reduction in parking requirements for residential dwelling units (applicable to studios, one- and twobedroom dwelling units only) when incorporated into a mixed use residential building to one parking space per dwelling unit is provided to encourage residential uses in conjunction with neighborhood-serving commercial uses.

(B)

For the commercial use portion of a mixed use building, a parking standard of one space for each four hundred square feet of retail, office, restaurant, service, and similar pedestrian-oriented uses shall apply. As an alternative, when the mixture of uses is known, the Urban Land Institute's (ULI's) shared parking standards may be used to calculate the total number of shared parking spaces. To determine shared parking demand, two or more uses would be added for each hour of the day, for both weekdays and for Saturdays, to see which hour produces the highest parking demand. The following steps shall be used to determine the required minimum and maximum number of spaces for projects including a mix of uses:

(i)

For each hour of the day, determine the parking demand for each individual land use (as determined by the Urban Land Institute's shared parking standards).

(ii)

Add together the parking demands for each land use to determine the aggregate parking demand for each hour. For example, add the amount of parking demanded by restaurants at 1:00 p.m. to the amount of parking demanded by retail at 1:00 p.m.

(iii)

Determine the minimum shared parking space requirement by using the largest of the aggregate parking demand figures. On-street parking spaces shall be used to help meet this requirement.

(iv)

Where visitor parking is required, the sharing of visitor parking and nonresidential parking is permitted.

(2)

Other Uses. Residential, mixed use developments (excluding mixed use buildings), commercial uses, and public and semipublic uses shall be subject to the parking requirements by use classification in Section 3750.360: Off-street parking and loading spaces regulations.

(3)

On-street Parking. With the exception of streets where parallel parking operations would adversely impact traffic flow or where on-street parking is not "currently" allowed, all street improvement projects must include provisions for on-street parking. Existing on-street parking along the length of the lot shall be counted towards the required parking of adjacent buildings on the street side abutting the uses. Such parking shall not be counted, however, if the city engineer determines that the parking must be removed at a later time to implement general plan circulation improvements.

(4)

Parking Structures. Where feasible, the use of parking structures instead of parking lots is encouraged. A parking structure's smaller footprint makes such parking a less obtrusive use than parking lots. Parking structures or garages shall be subject to the following:

(A)

When ground floor parking is permitted, the exterior of the street facade of the parking structure shall have the appearance of a building and incorporate similar materials, colors, and architectural features as adjacent buildings. In no case shall unscreened vehicles in the parking structure be visible from public streets.

(B)

Parking structures are generally discouraged along the primary and pedestrian-oriented street frontages serving a site unless retail, restaurants, services, offices, or other habitable uses occupy the ground floor portion of the parking structure that fronts the street. On secondary street frontages and other non pedestrian-oriented street frontages serving a site, ground floor parking may occupy the portion of the structure that fronts a street if the city planner determines that the street frontage serving the site is not expressly pedestrian-oriented in nature and that such parking would not adversely impact surrounding uses on the block.

(C)

Stand-alone parking structures should generally not exceed thirty-five feet in height except higher structures may be considered through the conditional use permit process.

(D)

Whether placed underground where it can serve as a foundation for buildings or above ground, parking structures shall be designed to minimize the impact of the structure on the street and to be compatible with the architectural style of the surrounding buildings.

(5)

Bicycle Parking. Bicycle parking must be provided in easily accessible locations from the street. Bicycle parking must be visible from the building it serves in order to improve security for parked bicycles.

(6)

Parking Lot Location. All new construction of parking lots shall occur behind or to the sides of structures, or within the interior of the development where it is not visible from the street.

(7)

Driveway Entrances. Colored, textured pavement paving shall be provided at a minimum depth of ten feet at all primary vehicular driveway entrances and exits (immediately behind the street right-of-way line) to the development.

(8)

Parking Lot Landscaping. Where parking lots abut streets, a minimum eight-foot-wide landscaped frontage shall be provided on the site, adjacent to the sidewalk. Landscaped frontages are not required when parking lots are sited behind buildings or plazas. A minimum number of shade trees are required, equivalent

to one tree per five parking stalls. Trees in parking lots shall be spread uniformly (in an orchard parking lot landscaping design) throughout the parking area and may not be located only at the end of parking rows. Trees planted along connecting walkways and adjacent landscaped frontages may also contribute to the one-per-five requirement for parking lots. Trees in parking lots must be set into a tree well or planter having a minimum interior dimension of five feet (exclusive of curbs). Trees adjacent to walkways and in plazas shall be protected by attractive bollards, raised concrete curbing or tree guards designed to be compatible with the development.

==> picture [138 x 168] intentionally omitted <==

(9)

Vehicle Maneuvering Areas. Vehicle maneuvering areas (including drive-through lanes, queuing areas, service station pump islands, and similar vehicle-related areas) shall be located within the interior of developments and be screened from view of adjacent streets. Such areas shall not be located between the street and the street facades of buildings.

(10)

Alternative Fueling Facilities. Parking areas are encouraged to provide facilities for vehicles with alternative fueling systems (such as electric vehicle charging areas, etc.)

(11)

Connecting Walkways. Parking lots shall not exceed one hundred spaces without being segmented by connecting walkways, landscaped frontages, or buildings. Where building entries do not abut a street, connecting walkways are required to link the building entrance to street sidewalks. Connecting walkways must meet the following requirements:

(A)

Width and Clearance. The width of the paved walking surface must be at least six feet clear. Any covered structure such as a trellis must have at least ten feet of clear height, but must not obstruct visibility.

(B)

Paving. Connecting walkways must be paved with a special paving or concrete in a pattern or color that contrasts with the surrounding pavement.

(C)

Tree Planting. Connecting walkways must be planted with either shade trees spaced thirty feet on center or a shade structure such as a trellis with climbing vines.

==> picture [156 x 205] intentionally omitted <==

(D)

Lighting. Connecting walkways must be equipped with lighting on one side. Lighting standards spaced a maximum of thirty feet apart, and a maximum of sixteen feet tall are recommended.

(r)

Landscaping.

(1)

Landscaping shall be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for parking lots and loading and equipment areas.

(2)

Landscaping shall be in scale with adjacent structures and be of appropriate size at maturity to accomplish its intended purpose.

(3)

Landscaping around the base of structures is recommended to soften the edge between the structure and the sidewalk and parking lot. Landscaping shall be accented at entrances to provide focus.

(4)

Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, and the use of concrete curbs or similar features.

(5)

Vines and climbing plants integrated upon buildings, trellises, and walls are strongly encouraged.

(6)

Use potted plants in clay or decorative concrete containers, especially for enhancement of sidewalk shops, plazas, and courtyards, and to soften the hardscape.

(7)

At maturity, trees shall be able to be trimmed ten feet above ground and shrubs shall be maintained at a height of approximately three feet when visibility is a factor.

(s)

Usable Open Space.

(1)

The design of the common usable open space shall complement the street pedestrian realm with plazas, pocket parks, public gathering spaces, street furniture, and landscaping.

(2)

Nonresidential and mixed use projects are encouraged to incorporate plazas and courtyards, which are oriented to the public realm/sidewalks, into their design. Buildings can be clustered to create usable pedestrian areas.

(3)

The design shall provide visual and physical cues that demark the public space from the private space.

(4)

To integrate new buildings within the surrounding area, such buildings are encouraged to provide passageways that allow for light and air to adjacent buildings.

(5)

In mixed use residential and residential projects, common usable open space shall be provided in large, meaningful areas that are visible from the residential dwellings they serve. Common open space areas shall be convenient to the majority of dwellings and shall contain amenities appropriate to the project's size.

==> picture [336 x 193] intentionally omitted <==

(6)

In mixed use and residential projects, private usable open space shall be contiguous to the dwelling unit it serves and be screened from public view for privacy. All balconies and patios that front a public street shall be designed to screen items being stored on the balcony or patio.

(7)

Rooftop open space may be used as common usable open space or private usable open space, when directly accessible to the dwelling unit(s) it serves.

(t)

Recycling and Solid Waste Disposal.

(1)

In mixed use projects, the residential dwelling units shall have and maintain a recycling and solid waste disposal area that is separate from that used by the commercial uses. It shall be clearly marked for residential use only and use by commercial uses is prohibited.

(2)

All recycling and solid waste disposal areas for commercial uses shall be located so as to be convenient to the commercial users and where associated odors and noise will not adversely impact the residential uses.

(3)

Recycling and solid waste receptacles shall be screened so as to not be visible from the public right-ofway, public plazas, or residential dwelling units.

(u)

Loading Facilities. Loading facilities and related service areas must be located away from and screened from view of streets, parks, plazas, and landscaped walkways, and shall generally be located within the interior of the development, whenever feasible.

(v)

Screening.

==> picture [211 x 108] intentionally omitted <==

(1)

Screening for outdoor storage (including cart storage) shall be determined by the height of the material or equipment being screened. When allowed, exterior storage shall be confined to portions of the site least visible to public view. Where screening is required, a combination of elements shall be used including solid masonry walls, berms, and landscaping. Chain link fencing with or without slatting shall not be permitted.

(2)

Any outdoor equipment, whether on the roof or side of a structure, or on the ground, shall be appropriately screened from public view. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable.

(3)

When permitted, roll-up doors, vehicle bays, drive-through aisles, car wash entrances/exits, wash stalls, and similar features shall be screened from view of adjacent streets by building orientation and/or the provision of landscaping, berms, trellises, or low walls that are consistent with the architecture and exterior materials of the building.

(w)

Accessory Structures. The design of accessory structures shall be architecturally compatible with the principal structure on the site through the use of consistent architectural style, exterior building and roofing colors and materials, and landscaping.

(x)

Lighting. The design of light fixtures and their structural support shall be architecturally compatible with the principal structure(s) on the site and be pedestrian-oriented and scaled. The following additional standards shall apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking, and service areas.

(1)

Intensity and Direction of Lighting.

(A)

All lighting fixtures, including spotlights, electrical reflectors, and other means of illuminating signs, structures, landscaping, parking, loading, and similar areas, shall be focused, directed, and arranged to prevent horizontal glare or direct illumination on adjoining property or streets. A sharp cut-off must be used to direct light toward walls and landscaping to avoid shining light up into the sky. No lamp or lens may be visible, as viewed horizontally.

==> picture [155 x 145] intentionally omitted <==

(B)

No mercury vapor utility yard lights or other light fixtures with high-intensity discharge lamps or bulbs, which are not designed to limit or control light direction or which do not shield the light source from view of neighboring residential properties, shall be permitted.

(2)

Types of Lighting Applications.

(A)

Architectural Enhancement. Accent lighting of architectural features is encouraged to highlight building massing and rhythm and enhance the pedestrian environment. Accent lighting shall not be a source of glare, reflected glare, or excessive light, especially when viewed from dwellings, streets, walkways, or open spaces. Neon lighting does not qualify as accent lighting.

(B)

Building Entries. Building entries with high activity levels shall be illuminated. Appropriate treatments include: bathing entry surfaces with light, allowing the building interior light glow through glazing, or using decorative lighting fixtures to announce entries.

(C)

Service Areas. Building-mounted downlight fixtures, in combination with pole fixtures, are preferred for the illumination of building service areas. Such fixtures do not cause glare or light leakage beyond the service areas.

(D)

Landscaped Frontages. Regular up-lighting of walls or other structures in landscaped frontages shall occur throughout the mixed use district and must be coordinated to create a consistent and dramatic effect.

(E)

Landscaping and Furnishing. Up-lighting is recommended for all landscaping and furnishings (in both public and private areas) that require accenting (such as specimen trees, shrubs, and sculptural features). Specific areas include streets, parks, and plazas.

(F)

Plazas, Walkways, and Paths. Plazas, walkways, and other pedestrian paths shall be lit by pole or lighting bollard type fixtures that are of a human scale, typically not to exceed sixteen feet or four feet in height, respectively.

(G)

Outdoor Seating Areas. Where intimate environments are desired, (e.g., seating areas in parks and plazas, and some pedestrian walkways), light bollards and other forms of indirect illumination are appropriate.

(y)

Signs.

(1)

As development in the mixed use district is to support pedestrian activity, signage shall be scaled appropriately. As such, the use of blade, awning, and hanging signs are encouraged. Can-type wall signs and freestanding pole signs are generally prohibited in new developments.

(2)

Every structure shall be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with the building, and sign readability should be considered in developing the signing concept. All signing shall be highly compatible with the building and site design relative to color, material, and placement.

(3)

The use of backlit individually cut letter signs is strongly encouraged.

(4)

Each development site shall be appropriately signed to give directions to loading and receiving areas, visitor parking, and other special areas.

(z)

Streetscape. The following standards are intended to further promote the creation of pedestrian-oriented, safe, attractive, and unified streetscapes in the mixed use (MU) districts and focused growth (FG) overlay

areas. The standards are intended to apply to improvements located within public rights-of-way and shall be subject to the approval of the city engineer and city planner:

(1)

Traffic Calming. Measures to slow traffic and protect pedestrians from vehicles may be required by the city engineer when deemed appropriate and necessary. Examples of appropriate traffic calming measures include:

(A)

Lighted and clearly marked crosswalks;

(B)

Horizontal deflections such as landscaped center islands, street bulb-outs, road narrowing, chicanes, and roundabouts;

(C)

Vertical deflections such as raised and textured intersections and crosswalks;

(D)

Street trees and parkway planters that provide visual interest and buffer pedestrians from motor vehicles on the public streets;

(E)

The use of speed bumps, street closures, or forced turns is not desirable and shall be avoided.

==> picture [338 x 168] intentionally omitted <==

(2)

Transit-oriented. Streetscape design should consider and promote pedestrian access to transit facilities.

(3)

Other Design Elements. Other design elements such as enhanced street paving, lighting standards, and other street furnishings should also be considered to enhance the pedestrian-oriented nature of the area as follows:

(A)

Enhanced street paving, including textured and colored concrete, interlocking pavers (with even edges) or other materials as approved by the city engineer, should be used to denote pedestrian street crossings. Paving patterns and colors should be simple, and be consistently used, throughout the applicable zoning district and overlay district.

(B)

Light standards along pedestrian-oriented streets should be lower in height to create an environment that is more human in scale. Such street lighting shall generally not be more than twenty-five feet high. Light standards along arterial streets may be taller than those on local streets. Lighting standards are also encouraged to be placed over the sidewalk rather than street and in such case should not be higher than sixteen feet above the sidewalk.

(C)

Light standards shall have a high quality appearance and be generally consistent in design, color, and fixture type throughout the applicable zoning district and overlay district. Landscaping planters attached to metal light poles are also encouraged.

(D)

Pedestrian-oriented street furnishings such as benches, water fountains, etc. are encouraged. Street furniture shall generally not be located adjacent to crosswalks, curb cuts, fire hydrants, or loading and bus zones. There should be five feet of clear passage on sidewalks to ensure pedestrian safety and ADAcompliant access. Such features shall be compatible with the architectural style of adjacent buildings and reflect a compatible theme and style.

(E)

Newspaper racks should be located around major pedestrian gathering areas. The design shall consolidate all vending boxes into one rack. Rack construction should use masonry elements or metal that compliments other site furnishings in the area or the architecture of adjacent buildings. The rack shall be attractive on all sides and properly anchored. Individual racks will not be permitted.

(F)

Street trees shall be planted on both sides of the street and generally be spaced forty feet apart, on center. When possible, one species of street tree should be used for the sidewalk planting area with an additional street type for any on-street parking space streets or planted medians. Tree grates or guards should be provided along sidewalks and in plazas where a continuous walking surface is needed. Tree openings should be expandable.

(G)

Such design elements shall generally be maintained through a maintenance district funded by the benefiting property owner(s).

==> picture [366 x 193] intentionally omitted <==

(aa)

Kiosks. Kiosk design and exterior color(s) shall be compatible with the architectural style and exterior color(s) of surrounding buildings.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 28, 5-18-2010)

Sec. 37-30.290. - Exemptions from development regulations and design standards.

(a)

The city planner may administratively exempt the following projects from the development regulations and design standards of this division:

(1)

Additions expanding existing structures by less than twenty-five percent of the existing gross floor area or two thousand five hundred square feet, whichever is less;

(2)

Exterior or interior remodels involving no increase in gross floor area;

(3)

Parking lot, loading spaces, recycling and solid waste enclosures, open space, landscaping, and similar site improvements on existing developed properties; and

(4)

Additions to structures and site improvements provided to comply with the ADA/Title 24 requirements.

(b)

Exemptions for additions expanding existing structures more than twenty-five percent or two thousand five hundred square feet may be considered subject to the approval of a conditional use permit if the planning commission finds that the addition will not conflict with the purposes of this division, will enhance the existing conditions, and provide site amenities that bring the property closer to achieving consistency with the development regulations and design standards of the district.

(c)

An exemption for additions to architecturally significant historic structures (as determined by the city planner) not meeting the requirements of subsection (a) or (b) of this section may be considered subject to the approval of a conditional use permit by the city planner. In addition to the required findings in Article VI, Division 8: Conditional Use Permits, the city planner shall also find that the addition will not damage the historic integrity, architecture, or significance of the building.

(d)

As may otherwise be provided for restoration of a damaged nonconforming structure in Section 37-50.160: Nonconforming uses and structures.

(e)

These above-referenced exemptions shall not apply to standards or supplemental regulations applicable to all developments in the city and that are not unique to this district.

(Ord. No. 2463 (NCS).)

Division 5. - Industrial (I) Districts.

Sec. 37-30.300. - Purpose.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the industrial (I) districts regulations is to:

(a)

Provide appropriately located areas consistent with the general plan for a broad range of manufacturing and service uses;

(b)

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;

(c)

Minimize the impact of industrial uses on adjacent residential and commercial districts; and

(d)

Promote safe industrial areas through the incorporation of crime prevention through environmental design (CPTED) features in development;

(e)

The additional purposes of each industrial (I) district are as follows:

(1)

Industrial-General Commercial (IGC) District. The industrial-general commercial (IGC) district provides for a range of retail, wholesale, and service businesses not generally suitable in commercial districts because they attract heavy automobile and truck traffic or have certain adverse impacts; and to provide opportunities for certain limited manufacturing uses that have impacts comparable to those of retail and service.

(2)

Industrial-Business Park (IBP) District. The industrial-business park (IBP) district regulations allow development of sites with high architectural and landscape standards for industrial office centers, limited manufacturing, warehousing and large-scale, single destination retail and other limited retail uses which may not be appropriate in retail areas.

(3)

Industrial-General (IG) District. The industrial-general (IG) district regulations provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for location in Salinas; and protect Salinas' general industrial areas from competition for space from unrelated commercial uses that could more appropriately be located elsewhere in the city.

(Ord. No. 2463 (NCS).)

Sec. 37-30.310. - Use classifications.

Table 37-30.130 identifies the use classifications for properties located in industrial (I) districts:

Notes:

P = Permitted Use

NP = Not Permitted Use

CUP = Conditional Use Permit Required

SPR = Site Plan Review Required

TULP = Temporary Use of Land Permit Required

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), §§ 9—11, 44, 46, 5-18-2010; Ord. No. 2569 (NCS), § 5, 4-19-2016; Ord. No. 2592 (NCS), § 2; Ord. No. 2634(NCS), § 1, 6-9-2020; Ord. No. 2635(NCS), § 1, 6-23-2020; Ord. No. 2649 (NCS), § 4, 9-21-2021)

Sec. 37-30.320. - Development regulations.

Table 37-30.140 identifies the development regulations for the industrial (I) districts:

Table 37-30.140

Industrial (I) Districts Development Regulations

Notes:

• (A) Minimum lot sizes may be reduced when the exclusive use of such lots is intended for utility substations, pumping substations, and other similar facilities or where two or more separate lots would be created and be subject to a reciprocal agreement utilizing shared parking, landscaping, and related facilities when it can be demonstrated that the purpose of the district can be achieved and that the public health, safety, and general welfare will be maintained.

• (B) See Sections 37-50.070(a) and (b): Development on Existing Lots.

• (C) See Section 37-50.040: Building projections into yards. Double-frontage lots shall provide front yards on each frontage except in the case of alleys. Front and corner side yards may be reduced to ten feet in IG districts on lots that do not front on arterial streets.

• (D) A thirty-foot side, front and rear yard shall adjoin any R district and structures shall not intercept a forty-five-degree inclined plane inward from a height of ten feet above existing grade at an R district boundary line.

==> picture [339 x 180] intentionally omitted <==

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 8, 5-18-2010)