When recorded, return to:
CITY OF SALINAS
Community Development Department
65 West Alisal Street, Salinas, CA 93901
Attn: Marisol Ruvalcaba, Assistant Planner
SPACE ABOVE FOR RECORDER’S USE ONLY
_____________________________________________________________________________________________________________ Title of Document
CONDITIONAL USE PERMIT NO. 2022-057
City of Salinas
Community Development Department
WHEREAS, the Salinas City Council, at a public hearing duly noticed and held on February 21, 2023, found that the proposed location of the use and structure and the proposed conditions under which it would be operated and maintained will be in accordance with the objectives of the Salinas General Plan, the Salinas Zoning Code, and the purposes of the district in which the site is located; 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 that the proposed conditional use complies with the provisions of this Zoning Code, including any specific conditions required for the proposed use; and that this conditional use has been evaluated in accordance with the California Environmental Quality Act, as amended; an exemption from the California Environmental Quality Act.
NOW, THEREFORE, the Salinas City Council hereby grants and issues Conditional Use Permit No. 2022-057 pursuant to Article VI, Division 8: Conditional Use Permits, of Chapter 37 of the Salinas City Code and upon the following terms and conditions and not otherwise, to wit:
ISSUED TO: Mark Edwin Norris, on behalf of Jerry Lee Jr. and Dorothy Blakeman FOR USE: Minor Exception to extend a legal nonconforming two-foot side yard setback in connection with a 220 square foot garage addition.
ON PROPERTY LOCATED AT: 106 San Juan Drive
ASSESSOR'S PARCEL NO.: 002-641-010-000
ZONING DISTRICT: R-L-5.5 (Residential – Low Density)
ENVIRONMENTAL REVIEW ACTION & DATE: Exempt per CEQA Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines on February 21, 2023.
EXPIRATION DATE: None, once properly established.
RIGHT TO OPERATE/DEVELOP
The Permittee shall have the right to extend a legal nonconforming two-foot side yard setback in connection with a 220 square foot, 14’-3” high garage addition to an existing 480 square foot two-car garage located on the abovedescribed property in accordance with the following exhibits incorporated herein by reference and made a part of this Permit:
Exhibit "A" Vicinity Map
Exhibit "B" Site Plan/Floor Plan/Elevations (Sheet 1)
Exhibit "C" Engineer’s Report dated October 31, 2022
LIMITATIONS ON USE
The City Planner may conduct a review of this Permit after inauguration, and may require modifications, if appropriate. The City Planner may also schedule a review by the Salinas Planning Commission, at a public hearing, if considered necessary. In the event that a public hearing is necessary, the Permittee shall reimburse the City of Salinas for all costs and expenses required to prepare for and conduct said hearing.
PARKING REQUIREMENTS
A minimum of a two garaged parking spaces shall be provided in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting.
All off-street parking and loading areas shall be graded, paved, drained, landscaped, striped, and maintained in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting of the Salinas City Code.
BUILDING MATERIALS AND COLORS
Prior to the issuance of a building permit, the materials and colors shall be identified on the plans to be matching that of the existing building. Roof pitch of the proposed addition shall match the pitch of the existing garage building.
MAINTENANCE
All parking areas, driveways, other paved surfaces, accessways and grounds shall be regularly maintained and kept free of weeds, litter, and debris. All traffic signs and pavement markings shall be clear and legible at all times. All landscaped areas shall be maintained free of weeds, trash, and debris, and all plant material shall be continuously maintained in a healthy, growing condition. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with the terms and conditions of this Permit.
The Applicant, or successor-in-interest, shall eradicate graffiti painted or marked on the facility within seventy-two (72) hours of occurrence pursuant to Municipal Code Section 5-03.19(a)(4).
PUBLIC IMPROVEMENTS
Applicant, or successor in interest, shall comply with the attached Engineer’s Report dated October 31, 2022 (Exhibit “C”).
UTILITIES/EQUIPMENT SCREENING
All new utility lines shall be placed underground and all new power transformers shall be placed underground where permitted by the utility company. Where transformers must be pad-mounted above ground, they shall be located away from the general public view or shall be effectively concealed by landscaping or a screen fence of a design approved by the utility company and the City Planner.
All new mechanical equipment and appurtenances (i.e. gas, water meters, electrical boxes, HVAC systems, refrigeration equipment, etc.), building or ground mounted, shall be screened from public view and adjacent properties. Roof vents shall be painted to blend with roof materials. Details shall be shown on the final construction and/or land plans and are subject to the approval of the City Planner.
PERMIT NOT TO SUPERSEDE OTHER REQUIRED LICENSING OR PERMITS The issuance of this Permit shall not relieve the Permittee of any requirement to obtain permits or licensing from any county, regional, state or federal agencies. If applicable, a City Business License shall be obtained prior to commencement of use.
MODIFICATION OF APPROVED USE AND PLANS
Any modification to the terms and conditions of this Permit are subject to the issuance of a new Permit. The City Planner may approve minor modifications to this Permit if the City Planner finds the modification to be in substantial compliance with the original approval.
VIOLATION; REVOCATION
Use of the property shall be conducted in such a way that it does not constitute a nuisance to the use and enjoyment of surrounding properties or the City. Any permittee, person, firm, corporation, whether as principal, agent, employee or otherwise, violating, causing or maintaining the violation of any of the provision of this Permit shall be guilty of a misdemeanor or an infraction, as charged. Alternatively, any violation of this Permit may be prosecuted administratively pursuant to the City’s Administrative Remedies Ordinance and/or other applicable laws, regulations or codes. Upon determination by the City Planner that there are reasonable grounds for revocation of this Permit, a revocation hearing shall be set to be heard before the Salinas Planning Commission in accordance with Article VI, Division 18: Enforcement and Penalties of the Salinas Zoning Code or such codes as may be subsequently adopted.
SUBSTANTIAL ACTION TIME LIMIT
This Permit shall expire one year after its effective date unless:
A building permit has been issued and construction diligently pursued; The use is established in conformance with the provisions of the Zoning Code; or The City Planner determines that substantial action has commenced to carry out the terms and intent of the Conditional Use Permit.
PERMIT VALIDATION
Pursuant to Zoning Code Section 37-60.530, this Permit shall be null and void and all terms and conditions shall have no force or effect unless this Permit is signed by the Permittee(s) and returned to City of Salinas Community Development Department within 90 days of approval. It is the applicant's responsibility to track the 90-day expiration date. No notice will be sent.
STANDARD CONDITIONS
Pursuant to Salinas City Code Section 1-8.1: Civil action enforcement, and Section 1-8.2: Liability for costs, permittee shall reimburse the City of Salinas for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by the City in enforcing the provisions of this Permit.
The applicant(s) shall defend, indemnify, and hold harmless the City of Salinas or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of this project/use. The City shall promptly notify the applicant(s) of any such claim, action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition shall prohibit the City from participation in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.
Notwithstanding any of the provisions in this permit, all improvements and uses shall comply with all other ordinances and regulations of the City of Salinas and all local, state and federal laws and regulations.
No further development other than that shown on this permit or attached exhibits shall be allowed unless or until an amendment to this permit has been approved. Requests for a minor modification of an approved permit may be granted by the City Planner provided the modification is substantially in compliance with the original approval and conditions.
NOTICE OF CHALLENGE LIMITATIONS
Code of Civil Procedure Section 1094.6 requires all Court challenges to the decision to grant this Permit be initiated within 90 days of the final decision of the City in this matter.
EXECUTIONS
THIS CONDITIONAL USE PERMIT was approved by action of the Salinas City Council on February 21, 2023, and shall become effective immediately:
Effective Date: February 21, 2023 ____________________________________ Courtney Grossman
Planning Manager, City of Salinas
(Signatures Listed Below on Pages 6 through 8 Must Be Notarized) THIS CONDITIONAL USE PERMIT is hereby accepted upon the express terms and conditions hereof, and the undersigned Permittee agrees to strictly conform to and comply with each and all of this Permit's terms and conditions.
Dated:_______________ ___________________________
Mark Edwin Norris
Permittee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
THIS CONDITIONAL USE PERMIT is hereby accepted upon the express terms and conditions hereof, and the undersigned Permittee agrees to strictly conform to and comply with each and all of this Permit's terms and conditions.
Dated:_______________ ___________________________
Jerry Lee Blakeman Jr
Property Owner
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
THIS CONDITIONAL USE PERMIT is hereby accepted upon the express terms and conditions hereof, and the undersigned Permittee agrees to strictly conform to and comply with each and all of this Permit's terms and conditions.
Dated:_______________ ___________________________
Dorothy Blakeman
Property Owner
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________