Salinas Municipal Code Div. 1 General Provisions

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

(Ord. No. 2463 (NCS).)

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).)

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).)

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).)

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).)

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).)

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).)

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).)

(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).)

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).)

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).)

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).)

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).)

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).)

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).)

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).)

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).)

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).)

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)

(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).)

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).)

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).)