RESOLUTION NO. ____________ (N.C.S.)
A RESOLUTION OF THE CITY OF SALINAS CITY COUNCIL ADOPTING THE PROPOSED MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO SECTION 15074 OF THE CEQA GUIDELINES; APPROVING PLANNED UNIT DEVELOPMENT (PUD) PERMIT 2020-002 FOR A SEVEN PHASE MASTER SITE PLAN AND ALTERNATIVE DEVELOPMENT STANDARDS; APPROVING CONDITIONAL USE PERMIT (CUP) 2022-030 FOR THE MIXED USE DEVELOPMENT AND THE DEVELOPMENT OF AN EXTENDED STAY HOTEL; AND APPROVING A TENTATIVE MAP (TM) TO RECONFIGURE 14 LOTS INTO 9 LOTS LOCATED SOUTHEAST OF THE JOHN STREET AND ABBOTT STREET INTERSECTION IN THE COMMERCIAL OFFICE – ABBOTT STREET FOCUSED GROWTH OVERLAY (CO – FG-4) AND INDUSTRIAL – GENERAL (IG) ZONING DISTRICT (PUD 2020-002, CUP 2020-030, AND TENTATIVE MAP 2022-001 WHEREAS, a May 3, 2024, letter from the attorney for Uni-Kool Partners and Cadius Partners Limited, states that Cadius Partners Limited is also the intended Applicant/Permittee for the Phase I Extended Stay Hotel Conditional Use Permit; and WHEREAS, on May 15, 2024, the City formally noticed the continuance of this project to a May 29, 2024 Special Meeting of the Salinas Planning Commission, due to the regularly scheduled May 15, 2024 Planning Commission hearing being canceled due to a lack of quorum; and WHEREAS, on May 29, 2024, the Salinas Planning Commission, at the request of the Applicant and Property Owner, The UniKool Partners, held a duly noticed public hearing to consider Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001 to construct a seven-phase, Mixed Use Development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses (197 units), 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 441,600 square feet of new development southeast of John Street and Abbott Street; and WHEREAS, the Planning Commission considered a Mitigated Negative Declaration prepared for this project and independently determined that all impacts were adequately addressed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, including the Staff Report, determined positive findings could be established for approval of the project, adopted Resolution 2024-006 recommending that City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001; and WHEREAS, on June 4, 2024, the Housing and Land Use Committee recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001; and WHEREAS, based on Planning Commission and Housing and Land Use Committee comments on the Affordable Housing Plan, City Staff modified the Planned Unit Development permit to clarify that the current density allowed under the current General Plan and zoning district as 197 dwelling units. Accordingly, a modification to the Rental Housing Impact Fees Plan to reflect the current density along with a modification to the number of residential dwelling units allocated to Section 8 Housing to 24 dwelling units will be executed; and WHEREAS, City Staff further clarified that if the General Plan and underlying zoning in the future at time of submittal of the residential uses authorizes a density increase, in this case the IS-MND analyzed up to 242 dwelling units, it would also increase the residential rental units allocated to Section 8 to 29 dwelling units, which would trigger an amendment to the Planned Unit Development permit and the Rental Housing Impact Fee Plan; and WHEREAS, the City Council held a duly noticed public hearing on June 11, 2024 and considered the Staff Report, meeting minutes, Planning Commission Resolution, public testimony, information contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration and Mitigation Monitoring Program, and correspondence regarding the project.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001; and BE IT FURTHER RESOLVED that 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 and Mitigation Monitoring Program:
The City Council hereby finds that a Mitigated Negative Declaration (MND) 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, with the conditions of approval and the proposed mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment and that the MND reflects the Council’s independent judgment and analysis. On this basis, the Council adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; The environmental impacts of the project have been analyzed in accordance with CEQA. An Initial Study was prepared to 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 Program have been included in the project. The Initial Study - Mitigated Negative Declaration was routed to responsible agencies on February 10, 2023 and posted at the County Clerk’s Office on February 10, 2023; the deadline for comments was March 13, 2023. The State Clearinghouse received the document on February 10, 2023; the deadline for Clearinghouse comments was March 13, 2023 (SCH Number 20223020282).
Public comments were received from interested parties and separate public agencies (Monterey-Salinas Transit [MST], California Department of Transportation [Caltrans], and the Monterey Bay Air Resources District [MBARD]) during the comment period as described below:
Comments received from Michelle Overmeyer, Director of Planning and Innovation, MST, on March 3, 2023 providing recommendations regarding a potential new bus stop to serve the project site and clarifying information regarding existing transit service near the project site.
Staff Response: Should new bus stops or new lanes associated with the project be proposed, design and construction would comply with MST’s Designing for Transit Guidelines and Americans with Disabilities Act (ADA) requirements. Information regarding existing transit service was revised in the Final IS MND.
Comments received from Chris Bjornstad, Associate Transportation Planner, Caltrans, March 13, 2023 stating that any work that occurs within the state’s right-of-way will require an encroachment permit and would be subject to the terms of that permit.
Staff Response: As summarized in the Project Description of the IS MND, the project does not propose work within the state’s right-of-way. If work within the state’s right-of-way is necessary, the project applicant would obtain an encroachment permit and would coordinate with Caltrans to determine the appropriate pathway for project review and approval.
Comments received from Edward Ballaron, Air Quality Planner, MBARD, March 13, 2023 stating that project fugitive dust emissions can be further mitigated with MBARD Best Management Practices; any stationary engines greater than 50 horsepower must be permitted by MBARD or registered with the California Air Resources Board; and that MBARD suggests using guidance from the Bay Area Air Quality Management District or the Sacramento Metropolitan Air Quality Management District to evaluate construction greenhouse gas emissions.
Staff Response: As described in Section 3, Air Quality, of the IS MND, fugitive dust emissions (PM10 and PM2.5) associated with the project would be well below MBARD thresholds. The project applicant would be required to comply with California Air Resources Board and MBARD permit requirements as applicable. Construction greenhouse gas emissions were analyzed in Section 8, Greenhouse Gas Emissions, of the IS - MND. Page 62 details the thresholds that were used, stating that “in the absence of any adopted numeric threshold, the significance of the project’s GHG emissions is evaluated consistent with CEQA Guidelines Section 15064.4(b) by considering whether the project complies with applicable plans, policies, regulations, and requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions.” The project’s construction-related greenhouse gas emissions of 130 metric tons per year (reported in Table 8 of the MND), are well below Sacramento Metropolitan Air Quality Management District’s construction emission threshold of 1,100 metric tons per year.
For the Planned Unit Development Permit:
The location of the planned unit development is in accord with the objectives of this Zoning Code and the purposes of the district in which the site is located; The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots. Per Salinas Municipal Code (SMC) Section 37-30.190(k)(2), the purpose of the Commercial Office District is to provide areas for primarily for offices, personal services, financial services, mixed use residential, and for residential uses. In accordance with the purpose of CO-FG-4 overlay district, the proposed project would involve a mix of commercial and office, which would support future residents of the residential development within the proposed PUD.
Per SMC Section 37-40.200, the purpose of the Abbott Street Focused Growth Overlay is to focus growth at high potential, under-utilized sites ("focused growth overlay areas") within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. One lot is zoned Industrial – General (IG), which SMC Section 37-30.300(e)(3) defines as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for locations in the city; and protects Salinas’ general industrial areas from competition for space from unrelated commercial uses that could more appropriately be located elsewhere in the City. The proposed project meets the purpose of the Abbott Street Focused Growth Overlay in that it involves a mix of commercial and residential development that would revitalize the existing site and be compatible with existing uses that includes a mix of commercial and industrial uses.
A portion of the site is within the City of Salinas Airport Overlay District (AR), which serves the Salinas Municipal Airport. SMC Section 37-40.410 states that the purpose of this district is to fulfill the city's obligations, in accordance with requirements of state law (Government Code Section 65302.3), to implement the airport land use compatibility policies adopted by the Monterey County Airport Land Use Commission; regulate land use development within the vicinity of Salinas municipal airport to protect it from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airport; and minimize the public's exposure to excessive noise and safety hazards that would result from incompatible land use development within areas around airport. However, the proposed John Street and Abbott Street Mixed Use Development and associated entitlements are not located within the 1982 Salinas Muni Airport Land Use Plan (ALUP) Area of Influence. Per SMC Section 37-40.415, the city shall require the owner of any property located in the Salinas Municipal Airport "area of influence" to dedicate an avigation easement as a condition of approval of any development review application, or structure identified in SMC Section 37-40.420(a) or (b). The easement is required to protect the airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may fly over the location at low altitudes while approaching, departing, or maneuvering near the associated airport. Such easement shall include special provisions, for properties within the clear zone, required for the California International Airshow (see Figure 37-40.210). The easement shall be dedicated prior to the recordation of any land division or if there is no land division prior to the issuance of the first building permit for the development. Furthermore, the height of all structures shall not exceed the maximum allowed per the underlying zoning district.
The planned unit development and the proposed conditions under which it would be developed or maintained are consistent with the Salinas general plan, applicable specific plan, and other plans and policies adopted by the Salinas city council and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the planned unit development, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city; and The project site is designated as Office and General Industrial. The project site also falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community. The site is zoned as Commercial Office and General Industrial, sharing the same boundaries as the General Plan designations. Salinas Municipal Code defines Commercial Office as areas primarily for offices, personal services, financial services, mixed-use residential and for residential uses (SMC Section 37-30.190(k)(2)). The code defines General Industrial as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable (SMC Section 37-30.300(e)(3)).
The following lists applicable General Plan policies intended to reduce environmental effects of projects and indicates the project’s consistency with those policies.
Policy
Consistency
Policy LU-1.1: Balanced Land Use Pattern. Achieve a balance of land uses to provide for a range of housing, jobs, libraries, and educational and recreational facilities that allow residents to live, work, shop, learn, and play in the community.
Consistent. The project would facilitate the development of an under-utilized area with a mix of uses, specifically residential and commercial.
Policy LU-1.2: Accommodate Projected Growth. Provide a plan for land uses that includes capacity to accommodate growth projected for 2020 and beyond.
Consistent. The project would develop approximately 232,800 square feet of residential uses that would assist in accommodating population growth.
Policy LU-2.1 Minimize Growth Impacts to Agricultural Lands. Minimize disruption of agriculture by maintaining a compact city form and directing urban expansion to the north and east, away from the most productive agricultural land.
Consistent. The project would involve infill development in an already urbanized area, where no active agricultural lands exist.
Policy LU-2.4: In-fill Development. Utilized well-designed infill development and selective increase density within Focused Growth Areas to maintain compact city form.
Consistent. The project would involve development within the Abbott Street Focused Growth Area and would maintain compact city form.
Policy LU-2.5. Future Growth and the Environment. Ensure that negative impacts of future growth on environmental quality and quality of life are minimized and adequate levels of urban services and facilities are maintained.
Consistent. This IS MND demonstrates that the project would not have significant impacts on the environment. Mitigation measures are provided where applicable, including under Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Transportation, and Tribal Cultural Resources, implementation of which would ensure potential impacts are mitigated to less than significant levels. The project would involve commercial and residential development, which would contribute to the urban services and facilities within the city.
Policy LU-3.7. Revitalization of Commercial and Industrial Areas. Revitalize the existing commercial and industrial areas within the City including: the Central City and Sunset Avenue Redevelopment Project Areas; the commercial areas along North and South Main Streets, West Market and Abbott Street.
Consistent. The project would involve commercial and residential development along Abbott Street and would revitalize an existing commercial area.
Policy LU-3.8: Essential Worker Housing. Encourage the production of housing that meets the needs of agricultural and other essential workers within the community.
Consistent. The project would develop approximately 232,800 square feet of residential uses that could serve essential worker populations.
As demonstrated by the above table, the project would be consistent with the 2002 Salinas General Plan. Further, as demonstrated in the Initial Study Mitigated Negative Declaration, implementation of the project would not result in impacts that would cause a substantial adverse effect on human beings, including those related to air quality, hazardous materials, emergency response, proximity to airport activities, noise, or transportation hazards. As discussed in the Initial Study-Mitigated Negative Declaration, these impacts would be less than significant with or without mitigation. Therefore, the project would 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 the general welfare of the City.
The planned unit development does not represent an exception to the standards of this Zoning Code but rather an alternative resulting in an equal or superior design in comparison to development, which strictly complies with base district property development regulations.
The planned unit development does not represent an exception to the standards of the Zoning Code; however, it is providing an alternative resulting in superior design in comparison to development, which strictly complies with base district property development regulations. The proposed master plan is a multi-phase, mixed-use planned unit development encompassing multiple existing lots. The proposed project will comply with the density and floor area ratio (FAR) requirements in the Zoning Code; however, under the PUD alternative development standards are proposed for off-street parking, usable open space requirements, parking lot tree requirements, and the location of the hotel in the center of the development. These alternative standards will be offset and enhanced through the superior design standards described below.
Twenty new buildings, re-use of the existing butler building, surface parking, pedestrian walking paths and plazas, internal private drives, and a new signalized intersection is planned at Abbott Street and Maple Street. This development will incorporate multiple uses including a variety of multi-family housing options, as well as a variety of supporting uses to serve and enrich this and the immediately surrounding community. This master plan provides an alternative in superior design in providing:
Pedestrian-friendly community experience by offering multiple exterior plazas and walkable paths that tie the buildings together.
Low impact development concepts are being meaningfully incorporated into the project to address storm water quality as well as water and energy consumption.
The proposed landscaping will include a mixture of native-style plants and trees that will be watered with drip irrigation.
The design aesthetic of the future buildings within this new mixed-use development is described as "Modern Latin".
Locations and footprints of the future buildings shown on the master site plan are provided for conceptual reference only and each building/phase will be submitted for site plan review under separate cover.
Project will continue to comply with the density Floor Area Ratio (FAR) requirements of the underlying zoning district.
For the Conditional Use Permit:
The proposed location of the use is in accordance with the objectives of the Salinas General Plan, this Zoning Code and the purposes of the district in which the site is located; The site is designated as Office on 13 of the 14 existing lots, which the General Plan defines as businesses and offices where residential development of comparable impact may be considered. One lot is designated General Industrial, which the General Plan defines as “automobile dealerships and repair shops, building material sales, light manufacturing, distribution, warehousing, and wholesaling” where residential development (single room occupancies and seasonal transitional housing) may be allowed. Additionally, the site is within the Abbott Street Focused Growth Overlay District (FG-4), which the City’s General Plan describes as existing urbanized areas where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community; by selectively increasing density in a manner compatible with the surrounding neighborhoods, the pressure to develop agricultural lands is also reduced. The City is currently undertaking its General Plan Update and is evaluating increasing density and intensity of uses in the Focus Growth Overlay Districts, which includes the project site. The density and intensity allowed at the project site may increase through the future General Plan Update.
The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots. Per Salinas Municipal Code (SMC) Section 37-30.190(k)(2), Commercial Office provides areas for primarily for offices, personal services, financial services, mixed use residential, and for residential uses. Per SMC Section 37-40.200, the purpose of the Abbott Street Focused Growth Overlay is to focus growth at high potential, under-utilized sites ("focused growth overlay areas") within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. One lot is zoned Industrial – General (IG), which SMC Section 37-30.300(e)(3) defines as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for locations in the city; and protects Salinas’ general industrial areas from competition for space from unrelated commercial uses that could more appropriately be located elsewhere in the City. In accordance with the purpose of CO-FG-4 overlay district, the proposed project would involve a mix of commercial and office, which would support future residents of the residential development within the proposed PUD.
A portion of the site is within the City of Salinas Airport Overlay District (AR), which serves the Salinas Municipal Airport. SMC Section 37-40.410 states that the purpose of this district is to fulfill the city's obligations, in accordance with requirements of state law (Government Code Section 65302.3), to implement the airport land use compatibility policies adopted by the Monterey County Airport Land Use Commission; regulate land use development within the vicinity of Salinas municipal airport to protect it from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airport; and minimize the public's exposure to excessive noise and safety hazards that would result from incompatible land use development within areas around airport. However, the proposed John Street and Abbott Street Mixed Use Development and associated entitlements are not located within the 1982 Salinas Muni Airport Land Use Plan (ALUP) Area of Influence. Per SMC Section 37-40.415, the city shall require the owner of any property located in the Salinas Municipal Airport "area of influence" to dedicate an avigation easement as a condition of approval of any development review application, or structure identified in SMC Section 37-40.420(a) or (b). The easement is required to protect the airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may fly over the location at low altitudes while approaching, departing, or maneuvering near the associated airport. Such easement shall include special provisions, for properties within the clear zone, required for the California International Airshow (see Figure 37-40.210). The easement shall be dedicated prior to the recordation of any land division or if there is no land division prior to the issuance of the first building permit for the development. Furthermore, the height of all structures shall not exceed the maximum allowed per the underlying zoning district.
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 the general welfare of the City of Salinas; and The project site is designated as Office and General Industrial. The project site also falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community. The site is zoned as Commercial Office and General Industrial, sharing the same boundaries as the General Plan designations. Salinas Municipal Code defines Commercial Office as areas primarily for offices, personal services, financial services, mixed-use residential and for residential uses (SMC Section 37-30.190(k)(2)). The code defines General Industrial as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable (SMC Section 37-30.300(e)(3)).
The following lists applicable General Plan policies intended to reduce environmental effects of projects and indicates the project’s consistency with those policies.
Policy
Consistency
Policy LU-1.1: Balanced Land Use Pattern. Achieve a balance of land uses to provide for a range of housing, jobs, libraries, and educational and recreational facilities that allow residents to live, work, shop, learn, and play in the community.
Consistent. The project would facilitate the development of an under-utilized area with a mix of uses, specifically residential and commercial.
Policy LU-1.2: Accommodate Projected Growth. Provide a plan for land uses that includes capacity to accommodate growth projected for 2020 and beyond.
Consistent. The project would develop approximately 232,800 square feet of residential uses that would assist in accommodating population growth.
Policy LU-2.1 Minimize Growth Impacts to Agricultural Lands. Minimize disruption of agriculture by maintaining a compact city form and directing urban expansion to the north and east, away from the most productive agricultural land.
Consistent. The project would involve infill development in an already urbanized area, where no active agricultural lands exist.
Policy LU-2.4: In-fill Development. Utilized well-designed infill development and selective increase density within Focused Growth Areas to maintain compact city form.
Consistent. The project would involve development within the Abbott Street Focused Growth Area and would maintain compact city form.
Policy LU-2.5. Future Growth and the Environment. Ensure that negative impacts of future growth on environmental quality and quality of life are minimized and adequate levels of urban services and facilities are maintained.
Consistent. This IS-MND demonstrates that the project would not have significant impacts on the environment. Mitigation measures are provided where applicable, including under Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Transportation, and Tribal Cultural Resources, implementation of which would ensure potential impacts are mitigated to less than significant levels. The project would involve commercial and residential development, which would contribute to the urban services and facilities within the city.
Policy LU-3.7. Revitalization of Commercial and Industrial Areas. Revitalize the existing commercial and industrial areas within the City including: the Central City and Sunset Avenue Redevelopment Project Areas; the commercial areas along North and South Main Streets, West Market and Abbott Street.
Consistent. The project would involve commercial and residential development along Abbott Street and would revitalize an existing commercial area.
Policy LU-3.8: Essential Worker Housing. Encourage the production of housing that meets the needs of agricultural and other essential workers within the community.
Consistent. The project would develop approximately 232,800 square feet of residential uses that could serve essential worker populations.
As demonstrated by the above table, the project would be consistent with the Salinas General Plan. Further, as demonstrated in the Initial Study-Mitigated Negative Declaration, implementation of the project would not result in impacts that would cause a substantial adverse effect on human beings, including those related to air quality, hazardous materials, emergency response, proximity to airport activities, noise, or transportation hazards. As discussed in the Initial Study-Mitigated Negative Declaration, these impacts would be less than significant with or without mitigation. Therefore, the project would 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 the general welfare of the City.
The proposed conditional use will comply with the provisions of the Salinas Zoning Code, including any specific conditions required for the proposed use.
The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots, which allows for offices, personal services, financial services, mixed use residential, and for residential uses. One lot is zoned Industrial – General (IG). The Abbott Street Focused Growth Overlay intends to focus growth at high potential, under-utilized sites within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. The proposed project would include a Planned Unit Development and be consistent with both of these zoning districts. Conditions have been recommended for this permit to ensure that, when implemented, the project will conform and comply with the provisions of the Salinas Zoning Code. For example, a condition requires all mitigation measures listed in the Mitigation Monitoring Reporting Program shall be conditions of approval.
For the Tentative Map:
The proposed map is consistent with the General Plan or any applicable Specific Plan, the Zoning Code, the Subdivision Ordinance, the Subdivision Map Act, and other applicable provisions of this Code.
The proposed Tentative Map is a request to subdivide 14 existing lots into 9 lots on a 22.74 acre site with alternative development standards, except for lot development regulations. The project includes interior private drives and street frontage design for interior roadways including curbs, gutters, sidewalks, driveway approaches pedestrian curb ramps, streetlights, street trees, and street intersections.
The proposed Tentative Map is consistent with the Salinas General Plan and Zoning Code. Of the 14 lots of the project site, 13 lots are designated as Office on by the Salinas General Plan and zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4). One lot is designated General Industrial by the Salinas General Plan and is zoned Industrial – General (IG) by the Salinas Zoning Map. Under the current zoning, the site only allows a net density of 10 dwelling units per net acre, or approximately 197 dwelling units. However, this a phased project over the next 10 years and the General Plan Update (GPU), which is already underway may ultimately increase allowed density. The anticipated future General Plan use for the subject site is Mixed Use -Village Center with density allocation of 30 to 50 dwelling units per net acre. Therefore, the environmental analysis conducted assumes additional density of 242 dwelling units should it be permitted by underlying zoning in the future. No Specific Plans or Precise Plans are applicable to the site.
The design or improvement of the proposed subdivision is consistent with the General Plan, standard specifications, design standards, standard plans, development regulations, and any applicable Specific Plan.
There are no Specific Plans that regulate the site. The design and improvement of the proposed Map is consistent with the General Plan. The project site is designated as Office on 13 of 14 lots, with one lot being designated General Industrial by the Salinas General Plan. The proposed Mixed use Development falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community is consistent with General Plan Goals and Policies. The project would involve commercial and residential development along Abbott Street and would revitalize an existing commercial area consistent with Land Use Goal LU-3.7.
The site is physically suitable for the proposed type of development.
The site is topographically flat. The project is proposing to construct a seven phase, mixed-use development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses, 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 478,800 square feet of new development. The project includes interior private drives and street frontage design for interior roadways including curbs, gutters, sidewalks, driveway approaches pedestrian curb ramps, streetlights, street trees, and street intersections. Vehicular access to the project will be provided from Abbott Street, John Street, and ultimately Spicer Street with significant right-of-way improvements. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Therefore, the site is physically suitable for the proposed type of development.
The site is physically suitable for the proposed density of development.
The site is designated Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots, one lot is zoned Industrial – General (IG) by the Salinas Zoning Map. Under the current zoning, it only allows a net density of 10 dwelling units per net acre, or approximately 197 dwelling units. However, this a phased project over the next 10 years and the General Plan Update (GPU), which is already underway may ultimately increase allowed density. The anticipated future General Plan use for the subject site is Mixed Use -Village Center with density allocation of 30 to 50 dwelling units per net acre. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Therefore, the environmental analysis conducted assumes additional density should it be permitted by underlying zoning in the future.
The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, the City Council may approve a Tentative Map even it is usable to make this finding if an Environmental Impact Report was prepared for the project, and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report that would mitigate damage to the environment or to fish and wildlife and their habitat.
The project is located on an in-fill site in an urbanized area surrounded by existing industrial development. Per the Initial Study for the project, there are no sensitive plant or animal species located on the project site. The proposed project is not expected to degrade scenic resources nor degrade the visual character of the area. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Approximately 4.89 acres/213,222 square feet of the site would be landscaped at project completion.
The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The site is currently underdeveloped and is proposing a seven phase, mixed-use development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses, 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 478,800 square feet of new development. The site is surrounded by industrial uses and is served by existing infrastructure. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Conditions of approval will ensure compliance with requirements of the City’s Public Works Department. Therefore, the project is not likely to cause public health problems.
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the City Council may approve the map if it finds that alternative easements for access through, or for use of, the property will be provided, and that these will be substantially equivalent to ones previously acquired by the public. The subsection shall apply only to easements established by judgment of a court of competent jurisdiction.
The site is surrounded by industrial uses and is served by existing infrastructure. There are various easements on site, but they will not be adversely impacted by the proposed development. The proposed Tentative Map includes new public utility and common area easements and access easements.
The waste discharge from the proposed subdivision into a municipal separated sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board. Sanitary sewers must meet acceptance by Monterey One Water.
The site is served by existing infrastructure. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Conditions of approval will ensure compliance with requirements of the City’s Public Works Department and waste discharge into the sewer system would not result in violations of Regional Water Quality Control Board requirements.
Storm drainage system meets the City's NPDES permit and SWDS at the time of Council consideration.
The storm drainage system of the project site meets the City’s NPDES permit and SWDS.
If the land is subject to any of the development restrictions included in Section 66474.4(a) of the Subdivision Map Act (including, but not limited to, Williamson Act contracts, open-space easements, and conservation easements), then the findings required by Section 66474.4 must be made to approve or conditionally approve the Tentative Map.
The site is not in agricultural use, and no Williamson Act contracts exist on the site.
If the Tentative Map is subject to the water supply requirements included in Section 66473.7 of the Subdivision Map Act, then the findings required by Section 66473.7 must be made to approve or conditionally approve the Tentative Map.
The project site is not subject to the water supply requirements of Section 66473.7 of the Subdivision Map Act because the proposed project consists of less than 500 units.
PASSED AND ADOPTED this 11th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED
_________________________________
Kimbley Craig, Mayor
ATTEST
________________________
Patricia Barajas, City Clerk
Attachment A: Mitigation Monitoring and Reporting Program I:\ComDev\Planning Share Space\John and Abbott\CC\CC Resolution - John St Abbott St Mixed Use.docx Attachment A: JOHN STREET AND ABBOTT STREET MIXED USE DEVELOPMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
(Case File: PUD 2020-002, CUP 2020-030, ER 2020-018, and TM 2022-001) Mitigation Number
Nature of Mitigation
Result after Mitigation
Party Responsible for Implementing
Party Responsible for Monitoring: Method to Confirm Implementation Timing for Implementation
AQ-1: Construction Emissions Reduction
Prior to issuance of grading permits, the following measures shall be implemented:
All mobile off-road equipment (wheeled or tracked) greater than 50 horsepower used during construction activities shall meet the USEPA Tier 4 interim standards. Tier 4 certification can be for the original equipment or equipment that is retrofitted to meet the Tier 4 interim standards.
Alternative Fuel (natural gas, propane, electric, etc.) construction equipment shall be incorporated where available. These requirements shall be incorporated into the contract agreement with the construction contractor. A copy of the equipment’s certification or model year specifications shall be available upon request for all equipment on-site.
Electricity shall be supplied to the site from the existing power grid to support the electric construction equipment. If connection to the grid is determined to be infeasible for portions of the project, a non-diesel fueled generator shall be used.
The project would comply with the CARB Air Toxics Control Measure that limits diesel powered equipment and vehicle idling to no more than five minutes at a location, and the CARB In-Use Off-Road Diesel Vehicle Regulation; compliance with these would minimize emissions of TACs during construction.
To minimize toxic air contaminant exposure to sensitive receptors.
Applicant, or Successor in Interest.
Community Development Department – Current Planning and Permit Services (Building) Divisions During construction phase.
BIO-1: Nesting Bird Surveys and Avoidance
For all phases of the proposed project that contain trees, construction, grading, site preparation and other ground disturbance activities required for future development, including vegetation or tree removal, shall not occur during the general avian nesting season (February 1 – August 31), if feasible. If breeding season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Salinas, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and status of nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation clearance. In the event that active nests are discovered, a minimum buffer of 300 feet for raptors and 50-foot radius avoidance buffers for passerines shall be established around such active nests and no construction or personnel shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between September 1 and January 31.
To avoid disturbance of nesting and special-status birds or migratory species protected by the MBTA and Sections 3503, 3503.5, and 3513 of the CFGC.
Applicant, or Successor in Interest.
Community Development Department - Current Planning Division Within 14 days prior to the start of construction.
CUL-1: 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 Secretary of the Interior’s Professional Qualification Standards for archeology (National Park Service 1983) shall be contacted 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.
To ensure protection of on-site cultural resources.
Applicant, or Successor in Interest.
Community Development Department – Current Planning and Permit Services (Building) Divisions During construction phase, if archaeological resources are encountered during ground-disturbing activities.
HAZ-1: RWQCB Regulatory Agency Submittal
Prior to issuance of a grading permit, the project applicant shall retain a qualified environmental professional (EP), as defined by the American Society of Testing and Materials (ASTM) E-1527, to prepare a Phase I ESA in accordance with standard ASTM methodologies to assess the project site (including development Lots 4, 5, and 6). The project applicant shall submit the Phase I ESA to the Central Coast RWQCB project manager of the open Cleanup Program Site case. Additionally, the project applicant shall submit the following documents to the Central Coast RWQCB Cleanup project manager:
Current development plan and any modifications to the development plan for Lots 1-9 All environmental documents completed for the project (Lots 1-9), including this HMTS All future environmental documents completed for the project (Lots 1-9) Upon submittal of the information above, the Central Coast RWQCB may require actions such as: development of subsurface investigation workplans; completion of soil, soil vapor, and/or groundwater subsurface investigations; installation of soil vapor or groundwater monitoring wells; soil excavation and offsite disposal; completion of human health risk assessments; and/or completion of remediation reports or case closure documents. Subsurface soil, soil vapor, and groundwater investigations, if required, shall be conducted in accordance with a sampling plan that shall be reviewed and approved by the Central Coast RWQCB.
The Central Coast RWQCB closure and agency approval documents shall be submitted and reviewed by the City prior to issuance of grading permits.
It should also be noted that the Central Coast RWQCB may determine that Monterey County HMMS or the DTSC may be best suited to perform the cleanup oversight agency duties for the assessment and/or remediation of this project. Should the cleanup oversight agency be transferred from the RWQCB to the Monterey County HMMS or the DTSC, this and other mitigation measures will still apply.
To ensure protection from contaminated soil or groundwater.
Applicant, or Successor in Interest.
Community Development Department – Current Planning Division and Public Works Department – Development Engineering Division Prior to issuance of a grading permit or other ground disturbing work.
HAZ-2: Subsurface Investigation
The project applicant shall retain a qualified environmental consultant (Professional Geologist [PG] or Professional Engineer [PE]) to prepare subsurface investigations, as required by the Central Coast RWQCB, prior to construction. The subsurface investigations may include sampling of the following suspect release areas:
Stained asphalt and concrete flooring
Drainage trench with unlined effluent ponds and discolored fluids Onsite hazardous materials storage and abandoned unidentified wastes Onsite ASTs (waste oil and ammonia)
Former onsite USTs
Former onsite auto repair, machine shop, and gasoline station Former (potentially remaining onsite) railroad tracks and spurs Former oil storage warehouse
Additionally, these subsurface investigations may include, but are not limited to, completion of:
Geophysical surveys
Soil, soil vapor, and/or groundwater sampling assessments Laboratory analysis for TPH, VOCs, SVOCs, OCPs, and metals The subsurface investigations shall provide recommendations to address identified hazards and indicate when to apply those recommended actions in relation to proposed project activities. As part of the subsurface investigation, analytical results shall be screened against the San Francisco Bay RWQCB environmental screening levels (ESLs). These ESLs are risk-based screening levels for direct exposure of a construction worker under various depth and land use scenarios.
Appropriate steps shall be undertaken to protect site workers during project construction and if necessary, the public during project operation. This would include the preparation of a Soil and Soil Vapor Management Plan (see Mitigation Measure HAZ-3).
If contaminants are detected at concentrations exceeding hazardous waste screening thresholds for contaminants in soil (CCR Title 22, Section 66261.24), appropriate steps shall be undertaken to protect site workers during project construction and if necessary, the public during project operation (see Mitigation Measures HAZ-3, HAZ-4, and HAZ-5).
To ensure protection from contaminated soil or groundwater.
Applicant, or Successor in Interest.
Community Development Department – Current Planning Division and Public Works Department – Development Engineering Division Prior to issuance of a grading permit or other ground disturbing work.
HAZ-3: Soil and Soil Vapor Management Plan
The project applicant shall retain a qualified environmental consultant (PG or PE) to prepare a Soil and Soil Vapor Management Plan (SSVMP) prior to construction. Where groundwater impacts are identified during implementation of Mitigation Measure HAZ-2, a groundwater management section shall be added to the SSVMP. The SSVMP, or equivalent document, shall be prepared to address onsite handling and management of impacted soils, soil vapor, or other impacted wastes, and reduce hazards to construction workers and offsite receptors during construction. The plan must establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the offsite migration of contaminants from the site. These measures and practices may include, but are not limited to:
Stockpile management including stormwater pollution prevention and the installation of Best Management Practices (BMPs) Proper disposal procedures of contaminated materials
Monitoring and reporting
A health and safety plan for contractors working at the site that addresses the safety and health hazards of each phase of site construction activities with the requirements and procedures for employee protection The health and safety plan will also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
Prior to demolition and grading (construction), the City shall confirm the Central Coast RWQCB’s approval of the SSVMP. The project applicant shall review and implement the SSVMP prior to demolition and grading (construction).
If odorous or visually stained soils, other indications of hydrocarbon piping or equipment, or debris are encountered during ground-disturbing activities, work in the immediate area shall be halted and a qualified environmental consultant shall be contacted immediately to evaluate the situation. Work may continue on other parts of the project while impacted soil investigation and/or remediation takes place.
To ensure protection from contaminated soil or soil vapor.
Applicant, or Successor in Interest.
Community Development Department – Current Planning Division and Public Works Department – Development and Engineering Division Prior to issuance of a grading permit or other ground disturbing work.
HAZ-4: Remediation
Where soil is known to be impacted, or is identified during implementation of Mitigation Measure HAZ-2 (subsurface investigation) to be present, within the construction envelope at chemical concentrations exceeding hazardous waste screening thresholds for contaminants in soil (CCR Title 22, Section 66261.24), the project applicant shall retain a qualified environmental consultant (PG or PE), to conduct additional analytical testing and recommend soil disposal recommendations, or consider other remedial engineering controls, as necessary.
The qualified environmental consultant shall utilize the development site analytical results for waste characterization purposes prior to offsite transportation or disposal of potentially impacted soils or other impacted wastes. The qualified environmental consultant shall provide disposal recommendations and arrange for proper disposal of the waste soils or other impacted wastes (as necessary), and/or provide recommendations for remedial engineering controls, if appropriate.
Remediation of impacted soils and/or implementation of remedial engineering controls may require additional delineation of impacts; additional analytical testing per landfill or recycling facility requirements; soil excavation; and offsite disposal or recycling.
The City shall confirm the Central Coast RWQCB’s approval of the development site disposal recommendations prior to transportation of waste soils offsite and review and approve remedial engineering controls, prior to construction. The project applicant shall review and implement the disposal recommendations prior to transportation of waste soils offsite and review and implement the remedial engineering controls prior to construction.
To ensure protection from and proper disposal of contaminated soil.
Applicant, or Successor in Interest.
Community Development Department – Current Planning Division and Public Works Department – Development Engineering Division Prior to issuance of a grading permit or other ground disturbing work.
HAZ-5: Vapor Mitigation System
Where soil vapor is known (or is identified during implementation of Mitigation Measures HAZ-2, HAZ-3, or HAZ-4) to be present at chemical concentrations exceeding the ESLs for sub-slab/soil gas (vapor) intrusion, the project applicant shall retain a qualified environmental consultant (PG or PE) or other qualified person to prepare a vapor mitigation system design for the proposed project.
The plan shall include, but is not limited to:
Design specifications
Material specifications
Installation requirements
Monitoring requirements
The project applicant shall design and implement engineering measures or institutional controls (e.g., soil vapor barrier) to prevent potential soil vapor intrusion into new residences or businesses in accordance with the measures included in the DTSC’s Vapor Intrusion Guidance Document – Final (October 2011) and Vapor Intrusion Mitigation Advisory, Revision 1 (October 2011).
Engineering measures or institutional controls shall be submitted to the City’s Permit Services Division and Current Planning Division prior to the issuance of any grading or building permits. Said engineering measures and institutional controls shall be peer reviewed by a qualified third-party contractor hired by the City at the project applicant’s expense to confirm such measures and controls comply with applicable regulations.
Consultation with the DTSC or a local cleanup agency may be required to confirm the appropriateness of the measures and controls.
The project applicant and/or contractor shall retain a qualified professional to certify that the accepted measures and controls are properly constructed and functioning at each residence. Written verification shall be submitted to the City.
The efficacy of the measures and controls shall be confirmed and certified by a qualified professional pursuant to the construction quality assurance/quality control testing guidance of the DTSC’s Vapor Intrusion Guidance Document – Final (October 2011).
The project applicant and contractor shall incorporate a sub-slab vapor barrier during construction, the implementation of which would prevent the potential for soil gas VOCs from migrating to indoor air.
The City shall confirm the Central Coast RWQCB’s approval of the Vapor Mitigation System Design prior to construction. The project applicant shall review the Vapor Mitigation System Design and install the system during construction.
To ensure protection from soil vapor.
Applicant, or Successor in Interest.
Community Development Department – Current Planning and Permit Services (Building) Divisions; Public Works Department – Development Engineering Division Prior to issuance of a grading permit or other ground disturbing work.
TRA-1: Office Use VMT Reduction Program
The applicant for future office use development shall prepare and implement a VMT Reduction Program that reduces VMT generated by the office components of the project to VMT per employee of 6.6 or less. The VMT Reduction Program shall be reviewed and approved by the City prior to approval of permits for proposed office uses. The strategies shall include the following:
Reduce Transit Headways and Improve On-Street Bike Facilities. Queue jump lanes shall be installed for northbound MST buses at the Maple Street and Abbott Street intersection, and bike lanes shall be installed along project site frontages with John Street and Abbott Street. The project applicant shall pay for the cost of installation of queue jump lanes and bike lanes.
Safe and Well-Lit Access to Transit. Office uses shall include pedestrian facility improvements along street frontages, which shall include exterior lighting along project frontages served by transit.
Preferential Carpool/Vanpool Parking Spaces. Office uses shall include reserved carpool/vanpool spaces close to the building entrances based on the City’s parking requirements.
Designated Parking Spaces for Car Sharing Vehicles. Office uses shall provide designated parking spaces for car sharing vehicles.
Bike Charging Facility. Office uses shall include a secure bike charging facility on site.
Pedestrian Network Improvements. Office uses shall involve pedestrian network improvements throughout and around the project site that encourage people to walk.
Multimodal Wayfinding Signage. Office uses shall include multimodal wayfinding signage to orient users to locations of sustainable transportation.
Bicycle Repair Station/Services. Office uses shall include on-site bicycle repair tools and space to use them to support on-going use of bicycles for transportation.
To ensure that VMT generated by office uses does not exceed 6.6 VMT per employee.
Applicant, or Successor in Interest.
Community Development Department – Current Planning Division and Public Works Department Prior to approval of permits for proposed office uses.
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.
To ensure the protection of on-site tribal cultural resources.
Applicant, or Successor in Interest.
Community Development Department – Current Planning and Permit Services (Building) Divisions During the construction phase, if cultural resources of Native American origin are identified.