Salinas Municipal Code Div. 1 General Provisions

All development proposals within the city of Salinas may be subject to one or more development application processing procedures contained in this article. The exact application processing procedures applicable to a specific project will be determined by the city planner based on the provisions of the general plan, the Zoning Code, and an understanding of the project specifics.

(Ord. No. 2463 (NCS).)

Table 37-60.10 outlines the primary types of development review applications and review procedures:

Table 37-60.10 Application Types, Review Bodies and Responsibilities

Notes:

(1) Provided no protest of the city planner's decision is received prior to or on the date intended for approval.

(2) Unless authority for a decision is specifically assigned to the city planner.

(3) Unless appealed to the appellate body pursuant to Article VI. Administration, Division 17: Appeals.

(4) Requires LAFCO approval.

(5) The city planner reserves the right to refer any decision on an application to the planning commission if the application raises substantial land use issues.

(6) Minor conditional use permit applications for minor exceptions and residential design review shall require a public hearing and decision by the planning commission unless the applicant has provided the written approval of all required property owners in accordance with Section 37-60.490: Minor conditional use permits.

(7) Application and review procedures for parcel maps and tentative maps shall be in accordance with Chapter 31: Subdivisions of the Municipal Code.

(Ord. No. 2463 (NCS).)

(Ord. No. 2532 (NCS), § 18, 11-13-2012)

The following three review bodies shall make decisions on the applications authorized by this Zoning Code as illustrated in Table 37-60.10 and as described in this article and in Sections 37-10.160: City planner authority, 37-10.170: Planning commission authority, and 37-10.180: City council authority of this Zoning Code:

(a) The city planner;

(b) The planning commission;

(c) The city council.

(Ord. No. 2463 (NCS).)

(a) The presence of a majority of the total appointed members of the planning commission shall constitute a quorum.

(b) With the exception of the adoption or amendment of the general plan or a specific plan, the affirmative vote of a majority of a quorum of the planning commission shall be required to constitute a decision to approve, conditionally approve, or deny an application authorized by this Zoning Code for which it is the decision-making body. A recommendation of the planning commission to the council on the adoption or amendment of the general plan or a specific plan shall require the affirmative vote of a majority (no less than four votes) of the total membership of the planning commission.

(c) In the event that a majority of a quorum of the planning commission fails to vote to approve, conditionally approve, or deny an item or application authorized by this Zoning Code for which it is the decision-making body, the result shall be no action taken by the planning commission, and the item or application shall be forwarded without a recommendation directly to the city council with a record of the commission's vote and the commission's proceeding thereon.

(d) In the event that a majority of the total membership of the planning commission fails to vote in favor of a recommendation to the council on the adoption or amendment of the general plan or a specific plan, the item shall be forwarded without a recommendation directly to city council with a record of the commission's vote and the commission's proceeding thereon.

(Ord. No. 2463 (NCS).)

(a) A project application that is subject to a discretionary approval and is not statutorily or categorically exempt from the California Environmental Quality Act shall be subject to environmental review prior to consideration of the project by the planning commission or city council, as applicable. As part of the environmental review of a project, the city planner shall determine, based upon the information contained in the initial study whether a negative declaration, a negative declaration with mitigation, or an environmental impact report shall be prepared and may at their discretion, select a private consultant to prepare the appropriate environmental document at the applicant's expense.

(b) For nondiscretionary project applications, the city planner shall determine if environmental review and documentation is required, in accordance with the California Environmental Quality Act. When required, such review and documentation shall be completed prior to issuance of a building permit for the project.

(Ord. No. 2463 (NCS).)

The official record of a public hearing shall include oral testimony, public hearing notices, the minutes of the meeting, all applications, exhibits and papers submitted, and all staff reports and recommendations. The city planner shall maintain the record of the planning commission, and the city clerk shall maintain the record of the city council.

(Ord. No. 2463 (NCS).)