Cities Index.
Exhibit F - Planning Commission Staff Report dated September 6, 2023- Packet with exhibits

Salinas City Council
October 24, 2023

Document
Exhibit F - Planning Commission Staff Report dated September 6, 2023- Packet with exhibits
Meeting
October 24, 2023
Body
Salinas City Council
Pages
81
Original file
37.8 MB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Exhibit 2 (PC Ordinance)

Page 45 of 60 ends

significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

As applicable, the final Phase III Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor project- related, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing During
construction
Development and
Engineering

Exhibit 2 (PC Ordinance)

Page 46 of 60 ends

activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and submitted to the NWIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities.
. Services
Department –
Community
Development
Department
Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Hydrology and Water Quality
Mitigation Measure HYD-1: Future Development projects on the subject site that would demand an amount of water equivalent to, or greater than, the Prior to
permit
Development and
Engineering

Exhibit 2 (PC Ordinance)

Page 47 of 60 ends

amount of water required by a 500-dwelling unit project are required to prepare a Water Supply Assessment.
approval.

Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the Prior to
permit
approval.

Development and
Engineering
Services
Department –
Traffic Engineering

Exhibit 2 (PC Ordinance)

Page 48 of 60 ends

results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of Prior to
permit
approval.

Development and
Engineering
Services

Exhibit 2 (PC Ordinance)

Page 49 of 60 ends

the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Department

SEARS (NORTHRIDGE MALL)

MITIGATION MONITORING AND REPORTING PROGRAM
APN 253-201-054-000 (8.41-ACRE PORTION)
(GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)

Mitigation Measures Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to

2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
During
construction
.

Development and
Engineering
Services
Department – Plan
Check Service

Exhibit 2 (PC Ordinance)

Page 50 of 60 ends

graded/excavated areas at least twice daily, thus minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.  Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15 -mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.
 Place gravel base near site entrances to clean tires prior to entering public roadways.

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance of any grading permit and/or building permit for each individual site, the applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds: hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary construction-related emissions. Measures may include, but would not be limited to:
 Use of diesel -fueled equipment equipped with Tier 4 (or Tier 3 if th e Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines would reduce PM emissions by approximately 90 percent compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off -road diesel equipment with Verified Di esel Emissions Control Strategy (VDECS) like Diesel Particulate Filters (DPF).

Particulate Matter level 3 VDECS can provide at least an 85 percent Prior to
issuance of
any grading
permit
and/or
building
permit;
during
construction
.

Development and
Engineering
Services
Department – Plan
Check Services;
MBARD

Exhibit 2 (PC Ordinance)

Page 51 of 60 ends

reduction (CARB 2015).
 Use alternatively fueled (e.g., natural gas) diesel construction equipment, including all off -road and portable diesel -powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy -duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time.

Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance. The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.  Preconstruction Surveys. If Project activities must occur during the nesting season (February 1 -September 15), a qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500 feet, where accessible, for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffer s of 250 feet around active nests of non -listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume Not more
than 14
days prior to
vegetation
clearance.

Development and
Engineering
Services
Department –
Community
Development
Department

Exhibit 2 (PC Ordinance)

Page 52 of 60 ends

the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that th e nest site is no longer susceptible to deleterious disturbance.

Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Exhibit 2 (PC Ordinance)

Page 53 of 60 ends

evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval.

Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual site, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983).

The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present.

Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources.

Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any Prior to
issuance of
grading or
construction
permits.

Development and
Engineering
Services
Department –
Community
Development
Department

Exhibit 2 (PC Ordinance)

Page 54 of 60 ends

grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, site avoidance, Phase II Site Evaluation, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL-8). The final report shall be submitted to the NWIC.

Prior to the
issuance of
a grading or
construction
permit.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be avoided by project-related construction activities, where feasible. A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-5 Phase II Site Evaluation During Development and Exhibit 2 (PC Ordinance)

Page 55 of 60 ends

If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through construction
.

Engineering
Services
Department –
Community
Development
Department
Exhibit 2 (PC Ordinance)

Page 56 of 60 ends

CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

As applicable, the final Phase III Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor project- related, ground-disturbing activities which may include the following but not During
construction
.

Development and
Engineering
Services
Department –
Community

Exhibit 2 (PC Ordinance)

Page 57 of 60 ends

limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

Development
Department
Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and submitted to the NWIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Exhibit 2 (PC Ordinance)

Page 58 of 60 ends

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all Prior to
permit
approval.

Development and
Engineering
Services

Exhibit 2 (PC Ordinance)

Page 59 of 60 ends

development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Department –
Traffic Engineering
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that Prior to Development and Exhibit 2 (PC Ordinance)

Page 60 of 60 ends

results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions. permit
approval.

Engineering
Services
Department

Page 1 of 10 ends

PROPOSED GENERAL PLAN LAND USE AND ZONING CODE DESIGNATIONS

ALISAL MARKETPLACE

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Page 2 of 10 ends

ALISAL MARKETPLACE

PROPOSED ZONING DESIGNATION

Page 3 of 10 ends

EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Page 4 of 10 ends

EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED ZONING DESIGNATION

Page 5 of 10 ends

FOODS CO SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Page 6 of 10 ends

FOODS CO SHOPPING CENTER

PROPOSED ZONING DESIGNATION

Page 7 of 10 ends

LAUREL WEST SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Page 8 of 10 ends

LAUREL WEST SHOPPING CENTER

PROPOSED ZONING DESIGNATION

Page 9 of 10 ends

SEARS (NORTHRIDGE MALL)

PROPOSED GENERAL PLAN LAND USE DESIGNATION

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SEARS (NORTHRIDGE MALL)

PROPOSED ZONING DESIGNATION

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ORDINANCE NO. (N.C.S.)

AN ORDINANCE AMENDING THE ZONING MAP TO RECLASSIFY FIVE (5) “PROJECT SITES” TO MIXED USE (MX) (RZ 2022-002 – RELATED TO GPA 2022-002)

WHEREAS, on September 26, 2023, the Salinas City Council held a duly noticed public hearing to consider Rezone 202 2-002 and related General Plan Amendment 2022- 002 as described in more detail below:

1. Rezone 2022-002 (RZ 2022-002) changes the zoning designation of five (5) “Project sites” from Commercial Retail (CR) and/or Industrial General Commercial (IGC) to Mixed Use (MX) as described below; and

a. RZ 2022-002-A: Alisal Marketplace, located adjacent to East Alisal Street between Front Street and Griffin Street, consisting of 18 parcels that total

12.1 acres;
b. RZ 2022 -002-B: Edge of Downtown/Front and John Streets , located adjacent to John Street between Abbott Street and Front Street, consisting of 8 parcels that total 3.7 acres;
c. RZ 2022 -002-C: Foods Co Shopping Center , located on the southeast corner of East Alisal Street and South Sanborn Road, consisting of 8 parcels that total 13.5 acres;
d. RZ 2022-002-D: Laurel West Shopping Center, located east of North Davis Road between West Laurel Drive/Calle Del Adobe and Larkin Street, consisting of 6 parcels that total 16.2 acres; and
e. RZ 2022-002-D: Sears (Northridge Mall), located on the northwest corner of North Main Street and Madrid Street, consisting of a 8.41 acre portion of 1 parcel that totals 10.2 acres.

2. The related General Plan Amendment 2022-002 (GPA 2022-002) changes the General Plan Land Use designation of the same five (5) “Project sites” from Commercial Retail (CR) and/or Industrial General Commercial (IGC) to Mixed Use (MX) to align with Rezone 2022-002 (RZ 2022-002).

WHEREAS, the City, in accordance with requirements of CEQA and the CEQA Guidelines prepared an Initial Study Mitigated Negative Declaration [one (1) per site, five (5) total ISMNDs], for Rezone 2022-002 and related General Plan Amendment 202 2-002 herein incorporated by reference and included as Exhibit “1”; and

WHEREAS, the City completed and filed a Notice of Intent to Adopt a Mitigated Negative Declaration with the Monterey County Clerk on August 18, 2023, which commenced a 20-day local public review period starting on August 18, 2023 and ended on September 6, 2023; mailed a Notice of Public Hearing to all property owners located within 300-feet the project sites on August 25, 2023; and posted the Notice of Intent to Adopt a

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Mitigated Negative Declaration in locations throughout the City of Salinas City Hall and administrative offices on August 25, 2023; and
WHEREAS, the City submitted the Mitigated Negative Declaration s to the State Clearinghouse on August 18, 2023, which commenced a 20-day local public review period starting on August 18, 2023 and ending on September 6, 2023 (SCH Number s 2023080480); and

WHEREAS, on September 6, 2022, the Salinas Planning Commission, held a duly noticed public hearing to consider Rezone 2022-002 and related GPA 2022-02; and

WHEREAS, the Planning Commission considered the Mitigated Negative Declarations and Mitigation Monitoring and Reporting Program s (MMRPs) prepared for the proposed GPA 2022-02 and RZ 2022-02 and independently determined that all impacts were adequately addressed in accordance with the California Environ mental Quality Act; and

WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findings could be established for approval of the General Plan Amendment 202 2-002 (GPA 2022-002), and adopted Resolution No. 2023-____ recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve RZ 2022-002 and related GPA 2022-02; and

WHEREAS, on September 26, 2023 , the City Council weighed the evidence presented at the public hearing, including the staff presentation and the Staff Report which is on file at the Salinas City Clerk’s Office and the Community Development Department, and all public testimony and documen tary evidence introduced and received at the public hearing, together with the record of environmental review; and

WHEREAS, the City Council has reviewed and considered the information contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration and MMRP; and

WHEREAS, by Resolution No. 2023-____ the City Council adopted the Mitigated Negative Declarations and MMRPs prepared for General Plan Amendment 2022-002 and related RZ 2022-002; and

WHEREAS, the proposed R Z 2022-02 would change the zoning designation of the five (5) “Project sites” subject parcels to Mixed Use (MX), as further described above and shown on Exhibit 1, attached hereto and incorporated herein by reference; and

WHEREAS, the proposed Rezone has been found to be consistent with the goals, policies, and programs of the Salinas General Plan; and

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WHEREAS, the Salinas City Council adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:

For the Mitigated Negative Declaration:

The City Council hereby finds that a Mitigated Negative Declaration has been prepared with respect to the project in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Further, this Council has independently reviewed and considered the information contained in the Initial Study and related environmental documents, together with the comments received during the public review process. On the basis of the whole record before it, the Council finds that there is no substantial evidence that the Amendments will have a significant effect on the environment as the mitigation measures outlined in the proposed Mitigation Monitoring and Reporting Program reduce future project related impacts to less than significant level (see Exhibit “2” of attachment 1) and that the Mitigated Negative Declaration reflects the Council’s independent judgment and analysis. On this basis, the City Council adopts the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.

The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study (one (1) per “Project site”, five (5) total ISMNDs ) was prepared t o evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment because the mitigation measures outlined in the proposed Mitigation Monitoring and Reporting Programs have been included in the project ( Exhibit 2). The Initial Stud ies and Mitigated Negative Declarations were routed to responsible agencies on August 18, 202, and posted at the County Clerk’s Office on August 18, 2023; the deadline for comments was September 6, 2023. The State Clearinghouse received the document on August 18, 2023; the deadline for Clearinghouse comments was September 6, 2023 (SCH Numbers 2023080480).

On June 14, 2022, the City of Salinas, pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) sent via certified mail notification letters to 9 California Native American Tribes that are traditionally and culturally affiliated with the project area. The letter was sent to representatives of the Amah Mutsun Tribal Band, Amah Mutsun Tribal Band of Mission San Juan Bautista, Costanoan Rumsen Carmel Tribe, Esselen Tribe of Monterey County, Indian Canyon Mutsun Band of Costanoan, Ohlone/Costanoan-Esselen Nation, Wuksache Indian Tribe/Eshom Valley Band, Xolon-Salinan Tribe, and Runsen Am:a Tur:ataj Ohlone. Consultation for AB 52 ended on July 14, 2022, and consultation for SB 18 ended on September 12, 2022.

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Chairperson Louise Mirand a-Ramirez of the Ohlone/Costanoan -Esselen Nation requested formal consultation on September 13, 2022. Formal consultation was held by telephone on June 21, 2023. Nine (9) mitigation measures were requested through the formal consultation. The requested mit igation measures have been incorporated into the proposed Mitigation Monitoring and Reporting Program for the project (Exhibit C). No requests for additional consultation were received.

It should be noted that the circulated Initial Study and Mitigated Ne gative Declaration for the Sears (Northridge Mall) site incorrectly shows the proposed land use designation and zoning district applying to the total acreage of the site.

The Initial Study and Mitigated Negative Declaration shows the proposed land use designation of Retail and zoning district of CR – Commercial Retail for the entire

10.2-acre site; however, the proposed land use designation and zoning district would only apply to 8.41 acres. The remaining 1.79 acres would maintain the current land use desig nation and zoning district. The final ordinance for City Council consideration will reflect the correct acreage.

Further, removal of the 1.79 acres does not affect the analysis contained in the Initial Study and Mitigated Negative Declaration because the Initial Study and Mitigated Negative Declaration analyzed the maximum buildout of the entire 10.2 acres with mixed-use buildings. Therefore, the Initial Study and Mitigated Negative Declaration analyzed the “worst -case scenario” for development of the sit e with higher intensity uses.

Rezone 2022-002:

1. The amendment is consistent with the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.

Per the 2002 Salinas General Plan, the “Mixed Use” designation allows for development including a mixture of retail, office, and residential uses in the same building, on the same parcel or in the same area. The intent of this designation is to create activity centers with pedestrian-oriented uses in certain portions of the City.

The maximum intensity/density of development is 1.0 + 10 dwelling units per acre (for a total maximum allowable floor area ratio of 1.25) throughout the City. For retail or office development is a 3.0 FAR.

The proposed project is consistent with Salinas General Plan Goals and Policies.

The proposed “Mixed Use” land designation for all five (5) “Project sites” is consistent with General Plan Goal H -1, by providing a range of housin g opportunities to adequately address existing and projected needs to Salinas. The project also complies with General Plan Policy H-1.3, by identifying adequate sites to facilitate and encourage housing production for the existing and projected housing needs of the City. In addition, the project complies with General Plan Goal H-2, by maintaining and improving existing neighborhoods and housing stock and complies with General Plan Policy H -2.6, by encouraging the retention,

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rehabilitation and new constructi on of high-density, well-designed housing in the Central City and other targeted areas, as discussed in the Land Use and Community Design Element.

The proposed rezoning would be consistent with the Mixed -Use land use designation. Future development would comply with the development regulations and design standards of the MX District, by:
 Promoting and providing development opportunities for integrated, complementary housing and employment opportunities in the same building, on the same parcel or within the same block.
 Supporting transit use and providing a buffer between busy streets and residential neighborhoods, and providing new housing opportunities in the city.
 Promoting compact development that is intended to be pedestrian-oriented with buildings close to and oriented to the sidewalk.
 Promoting residential development that is appropriate in an urban setting in mixed use buildings by providing incentives, as well as, standards and regulations to minimize conflicts between different types of uses.

2. The amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.

There are no policies within the Salinas General Plan that would be reversed as a result of this amendment. There are no Specific Plans or Precise Plans applicable to the sites.

3. The amendment would not create an isolated district unrelated to adjacent zoning districts.

The proposed rezoning will not create an unrelated zoning district because the rezoning of the project sites to Mixed Use (MX),” would be generally consistent with the adjacent zoning districts for residential, mixed use, and commercial uses.

4. The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.

Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The proposed Rezone would not create the need for additional infrastructure. In addition, the infrastructure capacity was analyzed in the ISMNDs and mitigated accordingly.

NOW, THEREFORE, THE SALINAS CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

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SECTION 1. The City of Salinas’s Zoning Map, a copy of which is on file with the City Clerk o f the City of Salinas and which copy constitutes the original record, is hereby amended to reflect the following:

That certain real property located in the City of Salinas, County of Monterey, State of California, and shown and designated on that certain map attached hereto as Exhibit 1 and made a part hereof, entitled “Rezone 20 22-002 Map” is hereby reclassified as shown on the attached exhibit to Mixed Use (MX).

SECTION 2. The aforesaid map and all notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information shown on said map were fully described herein.

SECTION 3. This ordinance shall take effect and be in force thirty days from and after its adoption.

SECTION 4. The Salinas City Clerk is hereby directed to cause the following summary of the ordinance to be published by one insertion in The Monterey Herald, a newspaper of general circulation published and circulated in the City of Salinas and hereby designated for that general purpose by the Salinas City Council:

“The City of Salinas’s Zoning Map has been amended by reclassifying five (5) “Project sites” to Mixed Use (MX).”

This ordinance was introduced and read on September 26, 2023, and passed and adopted on October 26, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

__________________________
Kimbley Craig
Mayor
ATTEST:

__________________

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Patricia Barajas
City Clerk

EFFECTIVE DATE: ______________

Attachments:

Exhibit 1: Mitigation Monitoring and Reporting Program
Exhibit 2: Proposed GPA 2022-002 and Rezone 2022-002 Map

Exhibit 3 (PC Ordinance)

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PROPOSED GENERAL PLAN LAND USE AND ZONING CODE DESIGNATIONS

ALISAL MARKETPLACE

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Exhibit 3 (PC Ordinance)

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ALISAL MARKETPLACE

PROPOSED ZONING DESIGNATION

Exhibit 3 (PC Ordinance)

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EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Exhibit 3 (PC Ordinance)

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EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED ZONING DESIGNATION

Exhibit 3 (PC Ordinance)

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FOODS CO SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Exhibit 3 (PC Ordinance)

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FOODS CO SHOPPING CENTER

PROPOSED ZONING DESIGNATION

Exhibit 3 (PC Ordinance)

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LAUREL WEST SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Exhibit 3 (PC Ordinance)

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LAUREL WEST SHOPPING CENTER

PROPOSED ZONING DESIGNATION

Exhibit 3 (PC Ordinance)

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SEARS (NORTHRIDGE MALL)

PROPOSED GENERAL PLAN LAND USE DESIGNATION

Exhibit 3 (PC Ordinance)

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SEARS (NORTHRIDGE MALL)

PROPOSED ZONING DESIGNATION

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