Seaside City Zoning Code

A multiple-application project with one or more applications requiring Council approval (for example, a rezoning of property or a Tentative Map), shall require concurrent Council approval of all applications.

A Commission denial of a multiple-application project with one or more applications requiring Council approval shall be final unless appealed to the Council.

Review the proposal with the applicant and tentatively identify for the applicant City requirements that may apply to the project and tentatively identify potential issues and concerns that the project may raise for the City;

Review the City’s procedures for project review and decision making; and

Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed by letter that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided as specified in the letter.

Appeal of determination. If the Director determines that an application is incomplete, and the applicant believes that the application is complete or that the requested information not required, the applicant may appeal the Director’s determination in compliance with Chapter 17.76 (Appeals).

Time for submittal of additional information. When an application is incomplete, the time used by the applicant to prepare and submit required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4 of this section.

Expiration of application. If an applicant fails to provide the information specified in the Director’s letter within 180 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the City. After the expiration of an application, future City consideration of the project shall require the submittal of a new complete application and required fees.

Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) Guidelines.

For nonresidential, multi-family residential, and mixed-use projects: all new construction and additions of 50 percent or greater to existing structures;

For single-family residential projects: all new construction, additions to existing structures that result in a height of greater than 18 feet, and all new second-story elements including decks, roofs, exterior staircases, roof decks, projections, etc.;

Landscape and irrigation plans for new construction of multi-family residential, commercial, and other nonresidential development;

Master Sign Programs and murals as required by Subsection 17.40.080.D;

Satellite dish antennas greater than one meter in diameter; and

Any change(s) to projects that previously received Architectural Review approval that cannot be approved by the Zoning Administrator in accordance with Section 17.64.090 (Changes to an Approved Project).

The Zoning Administrator may administratively approve an Architectural Review if all of the following requirements are met:

If the project does not meet the requirements specified in Subsection C.1 of this section, then the application for Architectural Review shall be considered by the Planning Commission. Additionally, the Zoning Administrator may refer any Architectural Review application to the Planning Commission as deemed appropriate.

Projects approved by the Zoning Administrator pursuant to Subsection C.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

At least 14 days prior to the date of consideration for an Architectural Review application, staking and flagging shall be erected by the applicant or the applicant’s agent, for all proposed structure(s) (including new structures and additions) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation shall comply with the City’s standards on staking and flagging. The Zoning Administrator may require that the applicant provide evidence to verify that the staking and flagging has taken place and accurately represents the proposed development.

For situations where staking and flagging for a structure over 25 feet in height is infeasible due to verified logistical or safety concerns, the Zoning Administrator may allow the applicant to perform the following alternative means of compliance for staking and flagging:

Architectural considerations. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances.

Landscape considerations. Landscape considerations, including the color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, maintenance, and the protection of landscaped areas, and similar elements. The review authority shall encourage the planting of native and/or drought-tolerant landscaping in compliance with Section 17.30.040 (Landscaping Standards).

Lighting considerations. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.

Construction yard – On-site. An on-site contractors’ construction yard for an approved construction project. The yard shall be removed from the site immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

Emergency activity. Emergency public health and safety activities, as determined by the City Manager or Council.

Event on site approved for public assembly. An event on the site of, or within, a public or private meeting facility, school, theater, or similar facility designed and approved by the City for public assembly, and occurring during daylight hours and with no amplified outdoor sound.

Event or activities on public property. Parades on public streets, events in public parks, golf courses, or on other publicly owned property, and approved by the City.

Fundraising event. A temporary fundraising event within a nonresidential zone or on the site of an established nonresidential use within a residential zone, limited to a maximum of two events of no more than three consecutive days, per organization, per month, per site. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

Garage sales. Garage sales, not to exceed four per year and two consecutive days, in compliance with Section 17.52.110 (Garage Sales).

Public property or public right-of-way work. Construction and maintenance activities conducted on public property that is authorized by an encroachment permit.

Caretaker unit. See definition under Chapter 17.98 (Definitions).

Construction yard – Off-site. An off-site contractors’ construction yard for an approved construction project. The yard shall be removed immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, open air sales, outdoor entertainment/sporting events, religious revivals, rummage sales, secondhand sales, sidewalk sales, swap meets, and other special events, for up to five consecutive days, or four two-day weekends, within a 12-month period, on private, nonresidentially zoned property.

Fundraising event. A temporary fundraising event within a residential zone on a site that is vacant or contains an established residential use, limited to a maximum of one event of no more than three consecutive days, per organization, per month, per site, may be allowed with the issuance of a Limited Term Permit. A Limited Term Permit may also allow an organization to conduct fundraising events on sites within a nonresidential zone or on the site of an established residential use within a residential zone for more events during a year than would be exempt pursuant to Subsection D.5 of this section. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

Location filming. The temporary use of a site for location filming for commercials, movies, videos, etc., for the time specified by the Zoning Administrator, but not to exceed 12 months.

Model homes. A model home or model home complex may be authorized in compliance with the following standards, and other requirements deemed necessary by the Zoning Administrator:

Seasonal sales lots. Seasonal product sales (e.g., for Halloween, Thanksgiving, Christmas) including a temporary security trailer, on private property in a nonresidential zone or at an established institutional use within a residential zone, for up to 30 days.

Temporary facilities during construction. One or more temporary structures may be used during the construction of an approved development as offices, or for the storage of equipment and/or tools.

Temporary real estate sales office. A temporary real estate sales office may be approved within an approved subdivision, solely for the first sale of homes within the subdivision. The sales office shall be completely removed from the site prior to issuance of a Certificate of Occupancy.

Temporary business office or private school classroom. A trailer or mobile home may be allowed as a temporary work site for employees of a business in advance of the completion of a permanent facility, or as a temporary classroom for a school; provided, that:

Similar temporary activities. A temporary activity that the Zoning Administrator determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning and surrounding land uses.

The characteristics of, and activities associated with, the use are similar to one or more of the listed allowed short-term uses under Subsection E of this section and will not involve a greater intensity than the uses listed in the zone;

The use will be consistent with the intents and purposes of the applicable zone;

The use is consistent with the General Plan and any applicable specific plans;

The use is compatible with the other uses allowed in the zone; and

The use is not listed as allowable in any other zone.

Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance; and

Limitation on the duration of any approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.

Zoning Administrator review. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.

Public notice and hearing requirements. No public notice or hearing is required prior to a Zoning Administrator decision on a Limited Term Permit. Public notice and, if necessary, a hearing is required prior to a decision on a Use Permit in compliance with Chapter 17.78 (Public Hearings).

Condition of the site following short-term activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with Section 17.64.070 (Performance Guarantees).

Performance security for temporary structures. Before issuance of a Limited Term Permit, the applicant shall provide performance security in a form and amount acceptable to the Zoning Administrator to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit in compliance with Section 17.64.070 (Performance Guarantees).

Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this section.

Infrastructure requirements. A planned development proposal shall not be approved unless adequate sewer and water lines and streets already service the site, or the developer proposes to install the facilities at the developer’s expense.

Street design. The street system in a planned development shall conform to the existing topography rather than cut through it, to minimize cut-and-fill grading activities. A planned development of five or more acres shall be designed and constructed with direct access to at least one major thoroughfare.

Preservation of community assets and landmarks. Historic places, groves, scenic points, trees, waterways, and other community assets and landmarks within the project site shall be preserved to the greatest extent possible.

Open space. A residential planned development project of three acres or more shall be designed to either provide a minimum of 10 percent of the total area in one centrally located usable open space area, or dedicate 10 percent of the total area of the site to the City. If the latter alternative is proposed, the City shall reserve the right to accept or reject a dedication. In either instance, at least one-half of the total open space area shall be directly accessible to the public, and open to use year-round.

Screening buffer. A planned unit development project proposed to be of higher density or different character than an existing abutting single-family residential neighborhood shall be designed and constructed to provide an appropriate screening buffer between the proposed development and the abutting residential neighborhood.

Pre-application conference. An applicant who intends to file an application for Planned Development Permit approval may first participate in a pre-application conference in compliance with Subsection 17.60.040.A (Application Preparation and Filing – Pre-application conference).

Application content. An application shall be prepared and filed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection G.1 of this section.

Application review. Each Planned Development Permit application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this section. The Zoning Administrator shall submit a staff report and recommendation to the Commission for their consideration.

Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

Required findings. The Commission may approve a Planned Development Permit only after first finding that:

Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection G.1 of this section.

The location of and standards for land uses and facilities;

The location of and standards for roads, streets, and other transportation facilities;

Standards for population density and building intensity, and provisions for supporting services;

Standards for the conversion, development, and use of natural resources;

Provisions for maximizing open space; and

Other appropriate measures as determined by the City.

The proposed Precise Plan complies with all applicable provisions of this Zoning Ordinance and the Municipal Code;

The proposed use is consistent with the General Plan, the Fort Ord Reuse Plan where applicable, and any applicable specific plan;

The Precise Plan will produce development with design, location, size, and operating characteristics that are compatible with the existing and planned future land uses in the vicinity;

The site is physically suitable for the type, density and intensity of development being proposed, including access, utilities, and the absence of physical constraints; and

Precise Plan approval will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.

The Zoning Administrator may administratively approve a Minor Use Permit or Use Permit if all of the following requirements are met:

Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

Projects approved by the Zoning Administrator pursuant to Subsection D.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing.

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;

The proposed use is consistent with the General Plan and any applicable specific plan;

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and planned future land uses in the vicinity;

The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.

The Zoning Administrator may administratively approve a Variance if all of the following requirements are met:

Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

Projects approved by the Zoning Administrator pursuant to Subsection D.1 of this section may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing.

Required Variance findings. The review authority may approve a Variance only after first making all of the following findings:

Shall impose conditions to ensure that the approval does not grant a special privilege inconsistent with the limitations on other properties in the vicinity, and the zone in which the property is located; and

May impose any reasonable conditions to ensure that the approval complies with the findings required by Subsection E of this section.

Unless a condition of approval or other provision of this Zoning Ordinance establishes a different time limit, a permit or approval not exercised within 12 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section.

A planning permit shall not be deemed “exercised” until the permittee has either obtained an issued Building Permit from the City, or, if no Building Permit is required, has actually commenced the allowed use on the site in compliance with the conditions of approval.

After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.64.060, as long as a Building Permit is active for the project, the applicant has complied with all applicable conditions of approval, a final building inspection or certificate of occupancy has been granted, and the use is not discontinued. If a use authorized by planning permit is discontinued for a period of greater than 24 months, then the permit shall become null and void, and reestablishment of the use shall comply with the then-current provisions of the Zoning Ordinance, including the need to obtain a new planning permit, if applicable.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the unexercised phases of the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void.

Action on extension request. A permit may be extended for a maximum of two additional 12-month periods beyond the expiration of the original approval; provided, that the review authority (e.g., Zoning Administrator or Commission) first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project. The review authority may grant an extension of less than the maximum time allowed by this section.

Conditions of approval. The granting of a time extension in compliance with this section may include the review authority requiring additional conditions of approval as provided by the section of this chapter applicable to the specific permit type (e.g., Use Permit, Planned Development Permit).

Is consistent with all applicable provisions of this Zoning Ordinance;

Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;

Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Commission, or Council) in the project approval;

Is minor and will not affect the aesthetics of the project; and

Does not result in an expansion of the land use.

Forms and information. The City Manager shall prescribe the form for application, notice and documents provided for or required under this chapter for the preparation and implementation of a development agreement. The City Manager may require an applicant to submit information and supporting data as the City Manager considers necessary to process the application.

Draft agreement. Each application shall be accompanied by a draft development agreement in the form required by the City.

Fee. Each application shall include the processing fee deposit required by the City Fee Schedule.

Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district where the site is located;

Is in conformity with public convenience, general welfare and good land use practice;

Will not be detrimental to the health, safety and general welfare; and

Will not adversely affect the orderly development of property or the preservation of property values.

After the Council completes its public hearing, it may approve, approve with conditions, or deny the development agreement. It may, but need not, refer a matter not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission may, but need not, hold a public hearing on a matter referred back to it by the Council.

The Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.

The time and place of the hearing;

A statement as to whether or not and in what respects the City proposes to terminate or to modify the development agreement;

Other information that the City considers necessary to inform the property owner of the nature of the proceeding.

When a Certificate of Appropriateness has been approved for demolition; or

After five years of being designated, the property owner may submit a de-nomination statement outlining reasons for removal from the register. The de-nomination request shall be processed in compliance with the procedure for nomination listed above. The de-nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information has been discovered, material to the decision to designate the resource, which was not discovered through the exercise of due diligence at the time of the original designation.

Shall be required in addition to any other permits required by this Zoning Ordinance; and

Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.

Criteria for review. In evaluating a COA application, the review authority shall use any applicable design guidelines, and the Secretary of the Interior’s Standards for Rehabilitation, and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource. In addition, the Zoning Administrator may require that the proposed work be reviewed by a preservation architect. The actual work shall be completed by a preservation contractor or someone with demonstrated expertise in the field. Wherever feasible, the state Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource.

Authority of Planning Commission. The Commission may approve or deny a COA, in whole or in part. Notice of the Commission decision shall be sent to the applicant, owner and occupants of the property within 10 days of the date of the Commission decision.

Authority of Zoning Administrator. The Zoning Administrator may approve a COA for proposed minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Zoning Administrator approval of a COA shall require making all of the findings required by Subsection D of this section, but does not require a public hearing or public notice. The Zoning Administrator may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Zoning Administrator to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any applicable prescriptive standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the Interior’s Standards for Rehabilitation. Minor changes or modifications to a COA can be approved by the Zoning Administrator, even if the Zoning Administrator was not the approving body. The Zoning Administrator may refer any COA application to the Commission for hearing and decision.

Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the cost(s) that would be incurred to comply with the requirements of the COA;

A written report from a licensed structural engineer with experience and expertise with historic structures and rehabilitation, as to structural integrity and suitability for rehabilitation;

Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes required by the COA;

In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation;

For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information considered necessary by the review authority to determine whether substantial evidence of economic hardship exists;

Remaining balance on any mortgage or other financing secured by the property for the previous two years;

All appraisals obtained within the previous two years by the owner or applicant in connection with the financing, ownership, or purchase of the subject property;

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. Additionally, any listing of the property for sale or rent, prices asked and offers received, if any, within the previous two years;

Assessed value of the property according to the two most recent assessments;

Real estate taxes for the previous two years;

Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other; and

Other information considered necessary by the review authority for a determination as to whether the property does yield or may yield a reasonable return to the owner.

Alterations, generally. A COA shall be issued for a proposed alteration only if the review authority first finds that:

Alterations found not to be adverse. The effect of alteration on a cultural resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this section when the alteration is:

The cultural resource cannot be remodeled, rehabilitated or reused in a manner that would allow a reasonable use;

Denial of the application will diminish the value of the subject property so as to leave substantially no value;

The cultural resource cannot be remodeled, rehabilitated, or reused in a manner that would allow a reasonable rate of return; and

Disapproval would substantially diminish the value of the property;

The sale or rental of the property is impractical when compared to the cost of holding the property for uses allowed in the subject zoning district;

An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;

Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community;

All means involving City sponsored incentives (e.g., amendments to this Zoning Ordinance, Building Code modifications, financial assistance, and/or grants) have been explored to relieve possible economic hardship;

Without approval of the proposed construction, demolition, exterior alteration, remodeling, or removal, the reasonable use of or return from a designated landmark or property within an historic district will be denied a property owner; and

In the case of a proposed demolition, the Zoning Administrator shall make an additional finding that the designated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from the property to the owners.

Book or pamphlet;

Photographic display;

Small museum or exhibit;

Use of original fixtures; and/or

Other methods deemed appropriate by the Commission.

Adaptive reuse, including the approval of a change to a land use that is not otherwise allowed in the zone, but which is permitted in other zones;

Mills Act Agreements;

Permit fee waivers; and/or

Reduction and/or substantial modification in the development standards of this Zoning Ordinance.

Hearing and action. The Commission shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives. The action of the Commission on a Mills Act agreement shall be a recommendation to the Council; the Council has final approval authority in Mills Act decisions. Public notice for the hearing shall comply with state law.

Required findings for approval. The Commission may recommend or grant rehabilitation incentives, only after first making all of the following findings:

Conditions of approval. In approving rehabilitation incentives, the Commission may impose any conditions of approval deemed necessary to ensure compatibility between the new use and the surrounding area.