Salinas Municipal Code Div. 8 Conditional Use Permits

(a) The purpose of this division is to provide flexibility in the application of land use and development regulations necessary to achieve the purposes of the Zoning Code by establishing procedures for the approval, conditional approval, or disapproval of minor, administrative, and non-administrative conditional use permit applications; and

(b) To ensure that use classifications that typically have unusual site development features or operating characteristics receive special consideration so that they will be designed, located, and operated in a manner, which is compatible with uses on adjoining properties and in the surrounding area. Figure 37-60.40 illustrates the conditional use permit process.

(Ord. No. 2463 (NCS).)

An application for a conditional use permit (minor, administrative, or non-administrative) shall be initiated by submitting an application to community planning and development in accordance with Division 2: Application Procedures of this article.

(Ord. No. 2463 (NCS).)

The city planner and the planning commission shall have authority to grant minor, administrative, and non-administrative conditional use permits in accordance with the requirements of this division.

(Ord. No. 2463 (NCS).)

(a) Minor Conditional Use Permits. The city planner shall have the authority to administratively grant conditional use permits for minor exceptions in accordance with the requirements of Section 37-60.490: Minor conditional use permits.

(b) Administrative Conditional Use Permits. The city planner shall have the authority to administratively grant conditional use permits (including, but not limited to, live entertainment permits and residential design reviews) without the requirement for a public hearing in accordance with Section 37-60.500: Administrative conditional use permits subject to the following:

(1) In addition to those findings required in Section 37-60.520: Required findings and Section 37-60.500(f): Residential Design Review of this division, the city planner determines in written findings that the proposed use or structure is statutorily or categorically exempt from the California Environmental Quality Act;

(2) The city planner determines the proposed conditional use permit meets all of the applicable requirements of Section 37-60.500: Administrative conditional use permits; and

(3) No protest of the city's planner's decision is received prior to or on the date intended for approval as indicated in Section 37-60.500(b): Notice of Intent to Approve of this section.

(c) Non-administrative Conditional Use Permits. The city planner shall not have the authority to grant non-administrative conditional use permits in accordance with Section 37-60.505: Non-administrative conditional use permits; however, the city planner shall:

(1) Set the time, date, and location of the planning commission hearing for non-administrative conditional use permits.

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(2) Undertake environmental review in regard to such proposals, and, upon completion of such review, transmit the application, together with a staff report containing a recommendation to the planning commission.

(Ord. No. 2463 (NCS).)

(a) Conditional Use Permit for a Minor Exception.

(1) Applicability. An application for a conditional use permit for a minor exception shall apply to development in accordance with the requirements of Section 37-50.160(g): Minor Exceptions.

(2) Notice of Intent to Approve to Adjacent Property Owners. An application for a conditional use permit for a minor exception shall require a public hearing and decision by the planning commission in accordance with Section 37-60.510: Planning commission duties unless notice of intent to approve a minor exception is provided to all owners of real property abutting the boundaries of the site as shown on the latest equalized assessment roll (or other reliable method as approved by the city council) at the time of the application submittal. The notice shall be mailed or delivered at least ten calendar days prior to the proposed approval date set forth by the city planner. If no response in opposition to a minor exception is received by the city planner prior to the noticing deadline and the application for the conditional use permit for a minor exception conforms to the regulations established in this Zoning Code, the city planner is authorized to approve or approve with conditions or modifications, the application and no public hearing or notice is required unless an appeal is submitted requesting a hearing.

(3) City Planner's Review and Action. If no hearing is required, the city planner, shall approve, approve with conditions or modifications, or deny the application.

(4) Findings for Approval. In approving the application, the planning commission or city planner, as applicable, shall establish the findings in Section 37-60.520: Required findings.

(5) Effective Date—Appeals. A conditional use permit for a minor exception shall be effective ten days after the date of the decision unless appealed in accordance with Article VI, Division 17: Appeals.

(b) Conditional Use Permit for Driveway Width Increase.

(1) Applicability. An application for a conditional use permit for residential single family dwelling unit driveway width increase shall apply to development in accordance with the requirements of Section 37-50.450(b)(7).

(2) Notice of Intent to Approve to Adjacent Property Owners. An application for conditional use permit for residential single family dwelling unit driveway width increase shall require a public hearing and decision by the planning commission in accordance with Section 37-60.510: Planning commission duties unless notice of intent to approve a conditional use permit for residential single family dwelling unit driveway width increase is provided to all owners of real property abutting the boundaries of the site as shown on the latest equalized assessment roll (or other reliable method as approved by the city council) at the time of the application submittal. The notice shall be mailed or delivered at least ten calendar days prior to the proposed approval date set forth by the city planner. If no response in opposition to a conditional use permit for residential single family dwelling unit driveway width increase is received by the city planner prior to the noticing deadline and the application for the conditional use permit for residential single family dwelling unit driveway width increase conforms to the regulations established in this Zoning Code, the city planner is authorized to approve or approve with conditions or modifications, the application and no public hearing or notice is required unless an appeal is submitted requesting a hearing.

(3) City Planner's Review and Action. If no hearing is required, the city planner, shall approve, approve with conditions or modifications, or deny the application.

(4) Findings for Approval. In approving the application, the planning commission or city planner, as applicable, shall establish the findings in Section 37-60.520: Required findings.

(5) Effective Date—Appeals. A conditional use permit for residential single family dwelling unit driveway width increase shall be effective ten days after the date of the decision unless appealed in accordance with Article VI, Division 17: Appeals.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 13, 5-18-2010; Ord. No. 2627(NCS), § 1, 11-5-2019)

(a) City Planner Review of Administrative Conditional Use Permits. The city planner shall have the authority to administratively grant a conditional use permit (including, but not limited to, a live entertainment permit or a residential design review) without a public hearing based on their review of the application, plans, materials, and use if the proposed project meets the following requirements:

(1) In addition to those findings required by Section 37-60.520: Required findings of this division and subsection (f) below, the city planner determines in written findings that the proposed use or structure is statutorily or categorically exempt from the California Environmental Quality Act; and

(2) No protest of the city planner's decision is received prior to or on the date intended for approval as indicated in Section 37-60.500(b) of this division.

(b) Notice of Intent to Approve. Following acceptance of a completed application and the city planner's determination to approve the application without a public hearing, notice shall be mailed or delivered by the city planner to all owners of real property as shown on the latest equalized assessment roll (or other reliable method as approved by the city council) within three hundred feet of the subject property at least ten days prior to the city planner's intended date of approval of the conditional use permit.

(c) Decision. Following the conclusion of the ten-day notice period and if no protest is received, the city planner shall approve or conditionally approve the application and make written findings supporting the reason for the decision in accordance with Section 37.60-520: Required findings of this division. The city planner's decision shall be subject to a ten-day appeal period in accordance with Division 17: Appeals. The city planner shall have the discretion to refer any decision on an application for a conditional use permit to the planning commission if the city planner determines that a public hearing would better serve the public's interest or if the application raises substantial land use issues.

(d) Effective Date. The effective date of the conditional use permit shall be in accordance with Section 37-60.530: Effective date—Appeals of this division.

(e) Live Entertainment Permit. A conditional use permit for a live entertainment permit shall be subject to the review and approval by the city planner in accordance with the requirements of this section.

(f) Residential Design Review.

(1) Applicability. A conditional use permit for a residential design review shall be subject to the review and approval by the city planner in accordance with the requirements of this section and Section 37-50.110: Infill residential development in the R-L district.

(2) Findings for Approval. In approving the application, the city planner or planning commission, as applicable, shall establish the following findings in addition to the findings contained in subsection (a) above and in Section 37-60.520: Required findings:

(A) The proposed dwelling, addition, or land division will not adversely impact the character of the existing residential neighborhood; and

(B) The proposed dwelling or addition will be compatible with the scale, bulk, height, and location of existing single-family detached dwellings located on the neighboring block face.

(Ord. No. 2463 (NCS).)

Non-administrative conditional use permits are subject to the review and approval of the planning commission in accordance with Section 37-60.510: Planning commission duties. Non-administrative conditional use permits typically apply to development review proposals that the city planner has determined are not statutorily or categorically exempt from the California Environmental Quality Act (CEQA) and/or may involve substantial land use issues that warrant a public hearing. The city planner is not authorized to grant non-administrative conditional use permits.

(Ord. No. 2463 (NCS).)

(a) Review of Non-administrative Conditional Use Permits. The planning commission shall approve, approve with conditions or modifications, or deny applications for non-administrative conditional use permits subject to the general purposes of the Salinas general plan, this Zoning Code, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this division, unless authority for a decision on a conditional use permit is specifically assigned to the city planner in accordance with Section 37-60.480: City planner duties of this division.

(b) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(c) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(d) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(e) Decision. Following the conclusion of a public hearing, the planning commission shall approve, approve with conditions or modifications, or deny the application and make written findings supporting the reason for the decision in accordance with Section 37-60.520: Required findings.

(Ord. No. 2463 (NCS).)

The city planner or planning commission, as applicable, shall approve an application for a conditional use permit as it was applied for or in modified form if, on the basis of the application and testimony submitted, all of the following findings can be made:

(a) That the proposed location of the use is in accordance with the objectives of the Salinas general plan, this Zoning Code, and the purposes of the district in which the site is located;

(b) That the proposed location of the conditional use and the proposed conditions under which it would be operated or maintained are consistent with the Salinas general plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city; and

(c) That the proposed conditional use complies with the provisions of this Zoning Code, including any specific conditions required for the proposed use.

(Ord. No. 2463 (NCS).)

A conditional use permit which has been signed by the permittee(s), returned to the city planner within ninety days from the date of approval by the city planner or planning commission, and filed for recordation with the Monterey County recorder's office, shall become effective at the end of the appeal period unless appealed in accordance with Division 17: Appeals of this article.

(Ord. No. 2463 (NCS).)

(a) Expiration of Approval. A conditional use permit shall expire one year after its effective date, or at an alternative time as specified in the approval, unless any one of the following occurs first:

(1) A building permit has been issued and construction diligently pursued;

(2) A certificate of occupancy has been issued;

(3) The use is established;

(4) The city planner determines that other substantial action has been commenced to carry out the terms and intent of the conditional use permit; or

(5) The project is one hundred percent very-low or low income or otherwise qualifying pursuant to Civil Code Section 51.3.

(b) Transferability. A conditional use permit shall not be affected by changes in ownership.

(c) Recordation. The city planner shall file a conditional use permit for recordation with the Monterey County recorder's office.

(d) Rescission. The city planner may rescind a conditional use permit in accordance with Section 37-60.1340: Rescission of permits.

(e) Revocation. A revocation of a conditional use permit shall be in accordance with Section 37-60.1330: Revocation of permits.

(Ord. No. 2463 (NCS).)

A request for a modification of an approved conditional use permit shall be subject to the requirements of Division 16: Modification of Approved Plans of this article.

(Ord. No. 2463 (NCS).)

The issuance of a conditional use permit shall not relieve the permittee of any requirement to obtain other permits or licensing from the city, or any county, regional, state, or federal agencies.

(Ord. No. 2463 (NCS).)