Salinas Municipal Code § 37-60.290 Phasing of improvements

The purpose of this division is to:

(a) Provide a streamlined administrative review process for verifying a project's compliance with this Zoning Code's development, design, and use standards; and

(b) Assure landowners, business owners, and developers that proposed uses, structures, and site improvements comply with the provisions of this Zoning Code before preparation of plans for building permits. Figure 37-60.20 illustrates the site plan review process.

(Ord. No. 2463 (NCS).)

Site plan review shall be applicable to the following unless otherwise provided in this Zoning Code:

(a) All new permitted structures and site improvements subject to the regulations in this Zoning Code;

(b) The use or reuse of existing structures or land, except as provided in Section 37-60.250: Exceptions to site plan review; or

(c) The addition of floor area to a site containing an existing structure.

(Ord. No. 2463 (NCS).)

All uses and improvements subject to site plan review as noted in use classification tables shall conform to the regulations established in this Zoning Code.

(Ord. No. 2463 (NCS).)

Site plan review shall not be required for those uses shown in the use classification tables in Article III: Base District Regulations, for any of the following:

(a) A change of occupancy which does not result in a change of the existing use classification;

(b) An existing structure which changes from a use classification requiring site plan review to another use classification requiring site plan review, as provided by the use classification table for the district in which it is located, and where no floor area is added and parking demand is not increased by the change in use;

(c) Changes of use classification on site which meet current development standards; or

(d) Minor site improvements that do not increase floor area by more than ten percent of the gross floor area, add features that contribute to the use such as, but not limited to, parking lot lighting, loading spaces, loading docks, mechanical equipment, stairs, elevator shafts, carports, recycling and solid waste enclosures

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), § 12, 5-18-2010)

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An application for a site plan review 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 shall approve or approve with modifications to comply with applicable provisions of this Zoning Code, a site plan review application that conforms to the regulations established in this Zoning Code or deny an application that does not. The city planner shall render a decision on a site plan review application without public notice or hearing.

(Ord. No. 2463 (NCS).)

(a) Expiration. Site plan review 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 in conformance with the provisions of this Zoning Code;

(4) The city planner determines that substantial action has commenced to carry out the terms and intent of the site plan review; 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. Site plan review shall not be affected by changes in ownership.

(c) Rescission. The city planner may rescind a site plan review approval in accordance with Section 37-60.1340: Rescission of permits.

(d) Revocation. A revocation of a site plan review approval shall be in accordance with Section 37-60.1330: Revocation of permits.

(Ord. No. 2463 (NCS).)

Improvements required as a result of site plan review may be constructed after the establishment of a permitted use provided all of the following conditions exist:

(a) Applicability.

(1) Existing development: applicable only to parcels with existing structures;

(2) Zoning: parcels within C, I, MU, NU (VC), and PS districts;

(3) Site size: one acre or more;

(4) Spaces available for occupancy by tenants: two or more existing;

(5) Existing level of compliance: lacking fifty percent of any required site improvement.

(b) Timetable for Improvements.

(1) Fifty percent of the improvements required to bring the site into conformance shall be completed within one year following certification by the city planner that site plan review has been completed.

(2) All required improvements shall be completed within two years following certification by the city planner that site plan review has been completed.

(c) Prohibition to Operate. Any use of property subject to site plan review shall cease if the timetable for improvements is not met.

(d) Assurances. The city planner shall require the building official to withhold future building, electrical, plumbing, or mechanical permits or certificates of occupancy for the site if any of the improvements required as part of site plan review are not made within the timetables established in this section. Building, electrical, plumbing, mechanical, and other such permits necessary to correct hazardous conditions shall not be affected.

(Ord. No. 2463 (NCS).)

A request for a modification of an approved site plan review shall be subject to the requirements of Division 16: Modification of Approved Plans of this article.

(Ord. No. 2463 (NCS).)

A site plan review shall become effective on the date of approval by the city planner if signed by the permittee(s) and returned to the city planner within ninety days of the approval date. Appeals of the city planner's decision shall be in accordance with Division 17: Appeals of this article.

(Ord. No. 2463 (NCS).)