Salinas Municipal Code § 37-40.410 Purpose

Footnotes:

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Editor's note— Ord. No. 2569 (NCS), § 21, adopted April 19, 2016, changed the title of Div. 7 from "Airport (AP) Overlay District" to read as herein set out.

In addition to the general purposes listed in Article I, Division 1: General Provisions, the purpose of the airport overlay district regulations is to:

(a) Fulfill the city's obligations, in accordance with requirements of state law (Government Code Section 65302.3), to implement the airport land use compatibility policies adopted by the Monterey County airport land use commission;

(b) Regulate land use development within the vicinity of Salinas municipal airport to protect it from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airport; and

(c) Minimize the public's exposure to excessive noise and safety hazards that would result from incompatible land use development within areas around airport.

(Ord. No. 2463 (NCS).)

(a) Development Review Applications, Structures, and Vegetation. This division shall apply to development review applications, structures, and vegetation if located on or proposed for land situated within the "area of influence" of the Salinas municipal airport as follows (see Figure 37-40.210):

[Figure]

(1) General plan amendments to the Salinas general plan;

(2) Rezoning or pre-zoning of any parcel of land;

(3) Parcel or subdivision maps;

(4) Sign permits or master sign plans for signs over fifty feet tall;

(5) Large family day care home permits;

(6) Site plan review, conditional use permits, variances, and planned unit developments for:

(A) Any nonresidential project involving the construction of two thousand five hundred square feet or more of new floor area or an increase in the height of an existing structure; (applies to both new construction and additions), or

(B) Any nonresidential project of any size that involves the conversion to uses that involve the assembly of persons (e.g., classrooms, churches, and gymnasiums),

(C) Any new construction of a residential dwelling or mixed use building or development, or

(D) Any increase in the height of an existing residential dwelling or mixed use building or development;

(7) Building permits for any new construction of a residential dwelling;

(8) Building permits for additions to residential dwellings involving an increase in the height of the structure, where the structure is located in the runway protection zone; or

(9) Any structure including those in existence prior to the effective date of this division, the height of which would conflict with Salinas Municipal Code, Chapter 4: Airport, and which is determined by the deputy city manager or their designee to be hazardous to airport operations.

(b) Tall Structures. This division also applies to any development review application for construction or alteration of a structure (including antennas, poles, or towers) higher than two hundred feet above ground level at the site, regardless of the site's location within the city of Salinas. Any such structure shall comply with the requirements of the Salinas Municipal Code, Chapter 4: Airport.

(c) Exceptions. Except with respect to height limitation requirements on structures and trees, this division does not apply to:

(1) Existing development (as of the effective date of this division) for which no expansion or changes of use are proposed even if the existing uses are not in conformance with the standards herein;

(2) Use of airport property by the city of Salinas; or

(3) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions.

(Ord. No. 2463 (NCS).)

Any development review application identified in Section 37-40.420(a) or (b) shall be reviewed by the deputy city manager, or their designee, to ensure conformance with the Salinas Municipal Code, Chapter 4: Airport, prior to approval by the applicable reviewing body.

(Ord. No. 2463 (NCS).)

Use classifications, development regulations, and design standards shall be those of the underlying base zoning district (as identified in Article III: Base District Regulations of the Zoning Code) except as modified by the airport overlay. All development activity listed in Sections 37-40.420(a) and (b) of this division shall conform to the requirements and development regulations of Salinas Municipal Code, Chapter 4: Airport.

(Ord. No. 2463 (NCS).)

(a) Avigation Easement Dedication. The city shall require the owner of any property located in the Salinas Municipal Airport "area of influence" to dedicate an avigation easement as a condition of approval of any development review application, or structure identified in Section 37-40.420(a) or (b). The easement is required to protect the airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may fly over the location at low altitudes while approaching, departing, or maneuvering near the associated airport. Such easement shall include special provisions, for properties within the clear zone, required for the California International Airshow (see Figure 37-40.210). The easement shall be dedicated prior to the recordation of any land division or if there is no land division prior to the issuance of the first building permit for the development.

(b) Avigation Easement Provisions. The language of the avigation easement shall be as set forth by resolution of the Salinas city council.

(c) Recordation. The deputy city manager, or their designee, shall file the avigation easement for recordation with the Monterey County recorder's office.

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 6, 4-19-2016)

Where a conflict occurs between the airport overlay district and the base district or any other section of the Code, the airport overlay district regulations shall prevail.

(Ord. No. 2463 (NCS).)

Adoption, amendment, or the repeal of the airport overlay district shall be conducted in accordance with the provisions of Article VI, Division 14: Rezones/Pre-zones/Zoning Code Amendments.

(Ord. No. 2463 (NCS).)