Title 17 of the Seaside Municipal Code constitutes the City of Seaside Zoning Ordinance, hereafter referred to as “this Zoning Ordinance.” This Zoning Ordinance carries out the policies of the Seaside General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the City. More specifically, the purposes of this Zoning Ordinance are to:

A.    Provide standards and guidelines for the continuing orderly growth and development of the City that will assist in protecting the character and community identity of Seaside;

B.    Conserve and protect the City’s natural beauty and setting, including waterways, hills and trees, scenic vistas, and historic and environmental resources;

C.    Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;

D.    Minimize automobile congestion by promoting pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and

E.    Insure compatibility between different types of development and land use.

A.    Authority. The regulations within this Zoning Ordinance are enacted based on the authority vested in the City of Seaside by the state of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

B.    Consistency with General Plan. This Zoning Ordinance is a primary tool used by the City to carry out the goals, objectives, and policies of the Seaside General Plan. The Seaside City Council intends that all provisions of this Zoning Ordinance be consistent with the General Plan, and that any land use, subdivision, or development approved in compliance with these regulations will also be consistent with the General Plan.

A.    Responsible bodies and individuals. This Zoning Ordinance shall be administered by: the Seaside City Council, hereafter referred to as the “Council”; the Planning Commission, referred to as the “Commission”; the Resource Management Services Director, referred to as the “Director”; the Zoning Administrator and the Resource Management Services Department, hereafter referred to as the “Department.”

B.    Exercise of discretion. In the event that a provision of this Zoning Ordinance allows the review authority for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, discretion shall be based on the following criteria:

1.    The proposed project complies with all applicable provisions of this Zoning Ordinance;

2.    The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;

3.    The manner in which discretion is exercised will result in a more practical application of the provisions of this Zoning Ordinance given specific characteristics of the site and its surroundings than if discretion were not exercised; and

4.    The decision is consistent with the General Plan and any other applicable regulation or standard.

This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of Seaside, as follows:

A.    New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.10.020 (General Requirements for Development and New Land Uses), and Chapter 17.72 (Nonconforming Uses, Structures, and Parcels). No Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Zoning Ordinance.

B.    Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum parcel size requirements of Article 2 (Zones, Permitted Land Uses, and Zoning Standards), the City’s Subdivision Ordinance, and all other applicable requirements of this Zoning Ordinance.

C.    Continuation of an existing land use. An existing land use is lawful and not in violation of this Zoning Ordinance only when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance, including Chapter 17.72 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Ordinance or any applicable amendment, except as otherwise provided by Chapter 17.72.

D.    Effect of Zoning Ordinance changes on projects in progress.

1.    A project that is under construction on the effective date of this Zoning Ordinance or any amendment, need not be changed to satisfy any new or different requirements of this Zoning Ordinance; provided, that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

E.    Minimum requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance provides for discretion on the part of a review authority (designated City official or body), that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Ordinance.

F.    Conflicting requirements.

1.    Zoning Ordinance and Municipal Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and the Seaside Municipal Code, or other regulations of the City, the most restrictive shall apply.

2.    Development agreements or specific plans. If conflicts occur between the requirements of this Zoning Ordinance and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

a.    A development agreement vests on approval, but it shall not change otherwise applicable Zoning Ordinance requirements.

b.    In the event of a conflict between the provisions of an adopted specific plan and this Zoning Ordinance, this Zoning Ordinance should be amended to be consistent with the specific plan.

3.    Private agreements. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

G.    Federal lands. Federal agencies are not subject to the provisions and permit requirements of these regulations. Non-federal development on federal lands may be subject to the requirements of this Zoning Ordinance.

H.    State, county, local agency, and school district sites and facilities. The requirements of this Zoning Ordinance shall apply to all sites and facilities of the state of California, county of Monterey, and any school district or other local agency within the City to the maximum extent allowed by law.

I.    Other requirements may apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any state or federal agency.

This chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Ordinance and the General Plan.

The Director has the authority to interpret any provision of this Zoning Ordinance. Whenever the Director determines that the meaning or applicability of any Zoning Ordinance requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination. A decision of the Director may be appealed to the Council through the administrative appeal procedure.

A.    Language. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to.”

B.    Time limits. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice provided in compliance with this Zoning Ordinance, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business.

C.    Zoning Map boundaries. See Section 17.06.020 (Zoning Map and Zones).

D.    Allowable uses of land. See Section 17.10.030 (Permitted Land Uses and Planning Permit Requirements).

E.    State law requirements. Where this Zoning Ordinance references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

This chapter establishes the zones applied to property within the City and adopts the City’s Zoning Map.

The Council hereby adopts the City of Seaside Zoning Map (hereafter referred to as the “Zoning Map”), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Ordinance by reference as though it were fully included here.

A.    Zones established. The City of Seaside shall be divided into zones that implement the Seaside General Plan. The zones shown in Table 1-1 are hereby established, and shall be shown on the Zoning Map.

B.    Interpretation of zone boundaries. If there is uncertainty about the location of any zone boundary shown on the official Zoning Map, the location of the boundary shall be determined by the Director as follows:

1.    Where a district boundary approximately follows a lot line, alley, or street line, the lot line, street or alley centerline shall be construed as the district boundary, as applicable;

2.    If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

3.    Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the vacated or abandoned street or alley.