Planning commission backs Phase 1 zoning code amendments to align Salinas code with state and federal housing and food laws; adds Christmas tree date alignment

The Salinas Planning Commission on July 15 recommended that the City Council adopt Zoning Code Amendment 2026‑001 (phase 1), a package of code edits intended primarily to bring the municipal code into compliance with recent state and federal laws and to remove several procedural barriers to small‑scale housing and home‑based food enterprises.

Senior planner Jonathan Moore presented the draft ordinance and staff recommendation. Moore said the package mainly addresses state housing laws and other legal compliance items, including updates to accessory dwelling unit (ADU) rules and provisions to reflect Senate Bill 9’s allowances for two‑unit development. He cited housing element data showing about 3% housing vacancy, nearly 20% overcrowding and more than 40% of renters spending over 30% of income on housing. The package also includes non‑housing compliance changes: removal of a downtown ground‑floor prohibition on religious assembly (a court found strict limits on religious uses conflicted with federal law), explicit allowances for cottage food operations and microenterprise home kitchen operations (where the county opts in), and formalization of rules for driveway width expansions and accessory office space in industrial districts.

Among the specific code changes discussed: the draft clarifies ADU and junior ADU sections; recognizes that certain detached ADUs may be constructed in front setbacks (staff noted state law caps some ADU front‑yard rules at 800 sq ft in specific cases); it moves the existing 10‑foot driveway expansion from a minor conditional use permit to a code‑level allowance (retaining the 10‑foot numerical limit but removing an extra discretionary review step); and it raises the accessory office space threshold from a 2,500 square‑foot/30% limit to 40% of a building before a conditional use permit is required.

Moore also reported a last‑minute request from the city manager’s office, based on private industry input, to extend the Christmas tree sales window as a temporary use of land from the current Thanksgiving–Dec. 31 window to Nov. 1–Dec. 31. Staff recommended the commission consider aligning any change with Monterey County’s dates; staff said the package could be considered exempt from CEQA under the "common sense" exemption (CEQA Guidelines §15061(b)(3)) because it primarily implements legal compliance and does not by itself grant additional development rights.

Commissioners asked detailed questions. Commissioners sought clarification that the 10‑foot driveway allowance remains subject to code standards (not discretionary CUP) and that cottage food and microenterprise operations typically must obtain county health permits and, unless exempted by state law, a city business license. Commissioners also discussed whether optional state provisions allowing ADUs to be partitioned and sold separately were included (staff said that opt‑in issue is not part of phase 1 and could be addressed in phase 2). Several commissioners urged further vetting and public outreach on topics such as farmers markets and religious assembly limits, and staff said phases 2–3 and ongoing study sessions will address more detailed design and operational questions.

After discussion, Commissioner Mora moved to recommend that the City Council find the amendment exempt from CEQA and adopt an ordinance to comply, with the addition that any change to Christmas tree sales dates be aligned with Monterey County’s dates. The motion was seconded and passed by roll call vote. Staff will forward the commission’s recommendation to the City Council for consideration on August 18, 2026; if council adopts the ordinance, staff said the ordinance would take effect 30 days after adoption.

The commission recorded the recommendation and closed the public hearing; no public speakers addressed the item during the meeting. The commission will revisit related code topics in subsequent phases and study sessions.