Salinas City Council
August 6, 2024

1.1.20 “Frontage Improvements” shall mean the public improvements made necessary by that development. Construction of frontage improvements includes 20-foot width of pavement, plus curb, gutter, sidewalk, landscaping, and sound wall (if required) and dedication of up to 33-feet of right-of-way.

1.1.21 “Force Majeure Event” shall mean an event that causes a delay in performance beyond the control of the Party claiming the same. For the purpose of this definition, a cause shall be beyond the control of the Party whose performance would otherwise be required only if such cause would prevent or hinder the performance of such a requirement by any reasonable person similarly situated and shall not apply to causes peculiar to the Party claiming the benefit of a Force Majeure Event (such as the failure to order materials in a timely fashion). A Force Majeure Event shall include, without limitation, any of the reasons set forth in this Section 1.1.21: (a) delay attributable to acts of God, accident, strikes or labor disturbances or disputes, (b) delay attributable to the actions or inaction of any governmental agency including the City that unreasonably delays development of the Property, (c) delays of the City in processing any Project Approval beyond the period of time permitted by law or required by this Agreement for the processing of such Project Approval, (d) delay attributable to inclement weather, earthquake or other natural disaster resulting in suspension of Project work for safety purposes, e.g., extended periods of heavy rainfall, (e) delay attributable to inability to procure or a general shortage of labor, equipment, materials or supplies in the open market, rationing or restrictions on the use of utilities, or failure of transportation (but not attributable to a mere increase in price unless such price is commercially unreasonable and will extend for a period of time under the circumstances), (f) delay caused by acts of a public enemy, war, terrorism, insurrections, civil disturbance, riots, mob violence, sabotage, malicious mischief, or casualty, (g) delay attributable to a development moratorium (including but not limited to a sewer or water moratorium) approved by the City or other entity having jurisdiction, (h) delay caused by litigation or administrative action preventing or delaying the approval or development of the Project or adversely affecting the ability of the City or other public entity or the Developer or its successors or assigns to obtain financing for the Project, (j) delay attributable to local, state or federal laws or regulations (other than those expressly permitted by this Development Agreement), (k) delay attributable to governmental agencies in issuing permits or approvals or taking other actions required for development of the Project, (l) delay attributable to the commencement of circulation of an initiative or referendum petition or the filing of any court action to set aside or modify this Development Agreement for the Project Approvals or any Subsequent Project approvals, or (m) delay attributable to insufficient water available to serve the Project or any phase, increment or portion thereof, or (n) any delay claimed by a Party in the performance of 22223\001\1182744.2:73120

any term, covenant, condition or obligation under this Agreement caused by a default of the other Party.

1.1.22 “General Plan” shall mean the City of Salinas General Plan adopted September 17, 2002.

1.1.23 “Moratorium” shall mean any action by or on behalf of the City or another public entity having jurisdiction (including but not limited to action taken by virtue of a referendum or initiative) which delays or halts the processing, implementation or approval of subdivision maps, building permits or other Project Approvals.

1.1.24 “Municipal Code” shall mean the City of Salinas Municipal Code.

1.1.25 “New City Laws” shall mean any ordinances, resolutions, orders, rules, official policies, standards, specifications or other regulations, which are promulgated or adopted by the City Council or the City’s electorate (through their power of initiative) after the Effective Date. The application of New City Laws to the Project shall be governed by Section 2.4.

1.1.26 “Non-Curable Default” shall mean a default for which a cure period shall not exist, as set forth in Section 4.1.2.

1.1.27 “Parcelization Map” shall mean a parcel map processed administratively for the purpose of creating master parcels for sale, financing or phasing purposes and on which no development may occur without further subdivision or other entitlement approval by the City.

1.1.28 “Park Impact Fees” shall mean and refer to City-wide impact fees levied on all new development in the City of Salinas for the purpose of funding the acquisition and improvement of new and existing parks within the City of Salinas, including the North of Boronda Future Growth Area. The term “Park Impact Fees” shall not include the Central Area Park Impact Fee, which is defined in Section 1.1.4, above.

1.1.29 “Planning Commission” shall mean the Planning Commission for the City of Salinas.

1.1.30 “Project” shall mean the project commonly known as the “Central Area Specific Plan” which is proposed to be constructed on the Property as more fully described in Recital C.
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1.1.31 “Project Approvals” shall mean the permits and approvals granted by the City for the Project, including each Subsequent Project Approval, as set forth in Recital D.

1.1.32 “Property” shall mean the real property described in Recital B.

1.1.33 “Processing Fees” shall have the meaning given in Section 2.8.2.

1.1.34 “Rights of Access” shall mean the right of developer to enter or encroach on certain public improvements as set forth in Section 2.10.8.

1.1.35 “Specific Plan” shall mean the Central Area Specific Plan as adopted by the City Council, and amended from time to time.

1.1.36 “Subsequent Project Approvals” shall have the meaning given in Recital E.

1.1.37 “Subdivision Map Act” shall mean that legislation set forth in California Government Code Sections 66410 through 66499.58.

1.1.38 “Tentative Map” shall mean one or more tentative subdivision maps, whether a Parcel Map or not, for the Property, including any conditions of approval applied to such map. .

1.1.39 “Term” shall have that meaning as set forth in Section 1.2.2 of this Agreement.

1.1.40 “TFO” shall mean the City of Salinas Traffic Impact Fee Program (Traffic Fee Ordinance) with its implementing resolutions.

1.1.41 “Uniform Codes” shall mean any and all codes and regulations applicable to improvements, structures, and development in the City, and the applicable version or revision of such codes and regulations as modified and adopted by the City.

Uniform Codes includes the Uniform Building, Plumbing, Electrical, and Fire Codes, City standard construction specifications and details, City grading standards, Title 24 of the California Code of Regulations, and similar codes and regulations relating to Building Standards, in effect at the time of approval of the appropriate permit.

1.1.42 “Vested Elements” shall have that meaning as set forth in Section

2.1.1 of this Agreement.

1.1.43 “Central Area” shall mean the portion of the North of Boronda 22223\001\1182744.2:73120

Future Growth Area bordered by Boronda Road on the south, Natividad Road on the west, Russell Road Extension on the north, and Constitution Blvd on the east, being the land regulated by the Central Area Specific Plan.

1.2 Effective Date and Term.

1.2.1 The Effective Date of this Agreement is December 31, 2020.

The term of this Agreement shall commence upon the Effective Date and continue for a period of twenty (20) years from the Effective Date (the “Original Term”), unless the Term is terminated, modified, or extended by the terms of this Agreement. The Original Term may be extended only upon the mutual written consent of the Parties and only for five (5) year periods (“Extended Term”). Consent for the Extended Term shall be granted by the City to Developers demonstrating good faith compliance as described in Section

4.5, Annual Review. Developers may request the Extended Term within two (2) years of the current term expiration. Requests for an Extended Term must be submitted in writing with an accompanying City issued “Notice of Compliance,” (Section 4.5.4) issued for the previous year, In no event shall there be more than two (2) Extended Terms such that the total of the Original Term and Extended Terms may not exceed thirty (30) years in total.

The Original Term has been established by the Parties as a reasonable estimate of the time required to develop and to build out the Project, taking into consideration the complexity of the Project, anticipated actions or other public agencies, normal market and economic conditions, and other contemplated potential circumstances which could affect the timing of development.

1.2.2 In the event that a Developer, within its individual portion of the Property, has not (i) conducted site improvements and grading over at least ten percent (10%) of its Property pursuant to permits issued by the City; (ii) provided documentation to the satisfaction of the City that Developer has installed infrastructure or improvements totaling more than three million dollars ($3,000,000); or (iii) in the event that three (3) or more Developers, collectively, have not, pursuant to the formation of an assessment district for the purpose of financing Project infrastructure, had assessments levied totaling $15 million in the aggregate prior to the tenth (10th) anniversary of the Effective Date, the Term of this Agreement, as to any single Developer pursuant to subsections (i) or (ii) herein, or as to all Developers pursuant to subsection (iii), shall end fifteen (15) years after the Effective Date without the opportunity for extension, unless otherwise mutually agreed to in writing by the Developer and City. Developers shall each demonstrate compliance with this provision on or before the tenth (10th) Annual Review, per Section 4.5 of this Agreement. In accordance with Government Code Section 66452.6(a), the term of any Tentative Map, including modifications or amendments thereto, relating to the Property or any portion thereof 22223\001\1182744.2:73120

shall automatically be extended to and until the later of the following: (1) the duration of this Agreement; or (2) the expiration of the Tentative Map in accordance with the Subdivision Map Act without reference to any extension given under this Agreement.

1.2.3 If this Agreement terminates for any reason before expiration of rights given under the Project Approvals or any Tentative Map pursuant to the Subdivision Map Act, such termination shall not affect the Developers’ rights and obligations to proceed in accordance with the law governing such Project Approvals and/or Tentative Map, nor shall it affect any other covenants of the Developers specified in this Agreement to continue after the termination of this Agreement. If this Agreement terminates for any reason, including expiration of the Term, the terms and conditions of this Development Agreement, and Project approvals shall continue to govern the Project unless the City has previously specifically amended such rules, regulations and policies until such time as the City amends such rules, regulations and policies.

1.2.5 The term of any and all Project Approvals shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such Project Approvals.

1.2.6 This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a final certificate of occupancy has been issued for the building(s) on the lot. Termination of this Agreement for any residential dwelling lot shall not in any way be construed to terminate or to modify any assessment district, fee district, public financing district, special tax district, tax and/or any Mello Roos Community Facilities District lien affecting such lot at the time of termination.

1.2.7 Notwithstanding anything to the contrary in this Agreement, the term of any Permit Approval shall not include the period of time during which any moratorium, lawsuit, referendum, initiative or other legal challenge involving the Permit Approval was or is pending. If this Agreement or a Project Approval is unsuccessfully appealed or otherwise legally challenged, the term of this Agreement shall be extended until such appeal or legal challenge is finally resolved or adjudicated (including the expiration of time for further appeals). In addition, the term may be extended for a reasonable time upon the request of the Developer with the consent of the City. The Developers understand and agree that the City does not have authority or jurisdiction over another public agency’s authority to impose a moratorium.

1.2.8. Execution and Recording. The Developers have executed and acknowledged this Agreement. Not later than ten (10) days after the Effective Date, the 22223\001\1182744.2:73120

City Clerk will cause recordation of this Agreement with the Monterey County Recorder against the Property, provided that a referendum applicable to the Enacting Ordinance has not been timely submitted to the City.

1.3 City’s Police Power. The Parties understand, acknowledge, and agree that the limitations, reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by contract.

SECTION 2

DEVELOPMENT OF THE PROPERTY

2.1 Vested Elements.

2.1.1 The permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, the subdivision of land and requirements for infrastructure and public improvements, the general location of public utilities, and other terms and conditions of development of the Property shall be governed by the Project Approvals, Applicable City Regulations and this Development Agreement (collectively “Vested Elements”), except as expressly provided in this Agreement.

2.1.2 The Developers shall have a vested right to develop the Property in accordance with the Vested Elements subject to the terms and conditions of this Agreement and also subject to a referendum that specifically overturns the City’s approval of the Project Approvals or Subsequent Project Approvals.

2.2 Applicable City Regulations. Except as may otherwise be specifically provided in this Agreement, the City shall have the right to regulate the development of the Property and uses within the Project pursuant to the Applicable City Regulations if, and only to the extent, such regulations do not conflict with or are not inconsistent with the Project Approvals or the Vested Elements.

2.3 Uniform Codes. In the construction of the Project, each particular improvement shall be subject to all Uniform Codes in force and effect when a building, grading or other application for a building permit or equivalent permit is granted by the City.
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2.4 Applicability of New City Laws.

2.4.1 New City Laws (including amendments to Applicable City Regulations) shall not be applicable to the Property unless such New City Laws are (a) generally and uniformly applicable on a city-wide basis and not otherwise inconsistent with the Vested Elements or terms of this Agreement or (b) meet one of the following requirements: (i) they are mandated by State or Federal law pursuant to Section 2.5; or (ii): they are imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558, or a finding that an otherwise permitted use represents a current and immediate threat to public health, safety or welfare pursuant to Government Code Section 65858. Examples of New City Laws that would be generally and uniformly applicable on a city-wide basis and applicable to the Property pursuant to subdivision (a) of this section are storm water utility programs, rent control regulations, rental registry and/or inspection programs, and accessory-dwelling unit restrictions.

Nothing herein shall be construed to limit the authority of the City to adopt ordinances, policies, and regulations which have the legal effect of protecting persons or property from conditions which create a health, safety, or welfare risk.

To the extent any future changes in the General Plan, Zoning Code, or any future rules, ordinances, regulations, or policies are not inconsistent with the terms and the conditions of the Central Area Specific Plan and this Agreement, such future changes in the General Plan, Zoning Code, or such future rules, ordinances, regulations, and policies shall be applicable to the Property.

A Developer, by giving written notice to the City, may elect to have all or part of the Property subject to any New City Laws that are otherwise not applicable to the their portion of the Property under this Section. In the event a Developer so elects, the Developer shall provide written notice to the City and the other Developers of that election (such notice to be provided pursuant to this Agreement) and thereafter such New City Law shall be deemed part of the Applicable City Regulations applicable to that Developer. Such notice shall be in a form provided by the City Attorney which notice shall be recorded and which shall contain a copy of the New City Law which is being made applicable to a portion of the Property.

2.4.2 Developer shall have the right to challenge the application under subsections (a) and (b) of Section 2.4.1 of New City Laws to the Project. If Developer chooses to challenge the application of a New City Law to the Project, Developer shall give written notice to the City Attorney in accordance with Section 6.11 of this Agreement. Developer’s written notice shall inform the City of the factual and legal 22223\001\1182744.2:73120

reasons why Developer believes the City cannot apply the New City Law to the Project consistent with the Vested Elements and this Agreement. The City shall respond to Developer’s notice within thirty (30) days of receipt of such notice. Thereafter, the Parties shall meet and confer within thirty (30) days of the date of Developer’s receipt of the City’s response with the objective of attempting to arrive at a mutually acceptable solution to this disagreement. If no mutually acceptable solution is reached at the conclusion of the meet-and-confer period, the Parties may initiate dispute resolution proceedings in accordance with Section 4.4 below, or Developer may initiate a legal action or proceeding challenging such application. If it is determined at the conclusion of such dispute resolution process or legal action that such New City Laws apply to the Project, and if such New City Laws have the effect of substantially and materially preventing development of the Project in accordance with the Vested Elements (i) the Parties shall process an amendment to this Agreement in accordance with the Development Agreement Law, and/or (ii) the Parties shall amend the Project Approvals or amend the Applicable City Regulations without amending this Development Agreement to allow the Project to be built as originally intended.

2.4.3 There shall be a presumption that any New City Laws affecting the Project and having any of the following effects shall be considered inconsistent with the Vested Elements and this Agreement:

2.4.3.1 Limiting or reducing, directly or indirectly, the total number of residential units in the Project, the mix of residential types in the Project, or the maximum number of residential units allocated to an identified ownership interest within the Project.

2.4.3.2 Limiting or reducing the total retail square footage in the Project or the amount of retail square footage allocated to an identified ownership interest within the Project.

2.4.3.3 Limiting or materially changing the location of buildings, parking, grading, or other improvements on the Property.

2.4.3.4 Imposing new, modified, increased or additional dedication requirements.

2.4.3.5 Imposition of a Moratorium. This limitation on the City shall not apply when a Moratorium meets the requirements of Section 2.4.1 for application of New City Laws to the Property; provided that the application of any such Moratorium to the Property shall be limited in both scope and time to only effectuate the purpose for which it was imposed. The Developers understand and agree that the City 22223\001\1182744.2:73120

does not have authority or jurisdiction over another public agency’s authority to grant a moratorium.

2.4.3.6 Except as required in Section 2.13 (Inclusionary Housing), imposing requirements for dedication, sale, or other conveyance of residential units and/or lots for less than market price as determined by the Developers.

2.4.3.7 Fees, charges, or exactions that have the same effect as a Development Impact Fee, as defined in Chapter 9, Article V of the Salinas Municipal Code and/or as shown on Exhibit B and Table 1 to Exhibit B.

2.4.3.8 Materially frustrating the intent or purpose of the Vested Elements, except with respect to increased costs. Increased costs may be considered by the City when determining whether the intent or the purpose of the Vested Elements have been materially frustrated by a New City Law, but increased costs shall not be a sole determining factor.

2.5 As provided in Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. In the event State or Federal laws or regulations enacted after the Effective Date of this Development Agreement or action by any other governmental agency other than City prevent or preclude compliance with one or more provisions of the Vested Elements or this Development Agreement, or require changes in plans, maps or permits approved by City, this Development Agreement shall be modified, extended or suspended as may be necessary to comply with such State or Federal laws or regulations or the regulations of such other governmental agency.

Immediately after enactment of any such new law or regulation, the Parties shall meet and confer in good faith to determine the necessity of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Development Agreement. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary, and to preserve to the extent possible the original intent of the Parties in entering into this Development Agreement. If the Parties are unable to reach agreement on the modification, then either party may submit the issue to dispute resolution pursuant to Section 4.4 or may terminate this Agreement.

To the extent that any actions of federal or state agencies (or actions of other governmental agencies, including the City, required by federal or state agencies, or actions of the City taken in good faith to prevent adverse impacts upon the City by actions 22223\001\1182744.2:73120

of federal, state, or other governmental agencies) have the effect of preventing, delaying, or modifying the development of the Property or any portion thereof, the City shall not in any manner be liable for any such prevention, delay, or modification.

2.6 Processing and Development

2.6.1 The Tentative Map includes a condition as required by Government Code Section 66473.7(b)(1). Final maps shall comply with Section 66473.7. This provision is included in this Agreement to comply with Section 65867.5 of the Development Agreement Statute. City agrees that Developer may file and process tentative maps or vesting tentative maps, including Parcelization Maps, in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code, as the same may be amended from time to time, and the Applicable City Requirements. If final maps are not recorded for an entire parcel before such tentative map(s) would otherwise expire, the term of such tentative map(s) automatically shall be extended for the term of this Agreement or the term otherwise applicable to such map if this Agreement is no longer in effect. The term of any other permit (except building permits which shall not be extended), or other land use entitlements approved as a Project Approval or Subsequent Project Approval shall automatically be extended for the longer of the Term of this Agreement (including any extensions) or the term otherwise applicable to such Development Approval or Subsequent Project Approval if this Agreement is no longer in effect.

2.6.2 The City shall promptly accept, process, review and act upon all applications for permits and approvals for the Project, in a professional, timely manner including Subsequent Project Approvals under Section 2.9 hereof. Upon request of the Developer, the City shall inform the Developer of the necessary application requirements for any requested City approval or requirement relating to the Project.

2.6.3 City and Developer shall cooperate in processing all applications for permits and approvals for the Project, provided, however, that such cooperation shall not include any obligation, on the City’s part, to incur any un-reimbursed expense, and the City shall be entitled, subject to the terms of this Agreement and Developer's rights hereunder, to exercise all discretion to which it is entitled by law in processing and issuing any permits and approvals for the Project.

2.6.4 The Developers and the City shall comply with the time frames set forth in the Subdivision Map Act, and, if applicable, the Permit Streamlining Act (Government Code sections 65920 through 65963.1). The City shall endeavor to make sure that adequate staff is available to process the Developers’ applications for permits and 22223\001\1182744.2:73120

approvals within the time periods required by the Permit Streamlining Act and the Developers shall pay the City Processing Fees with respect thereto. If requested by the Developers (or any of them), the City in its sole direction may retain additional staff and overtime staff assistance or staff consultants as may be necessary to timely process some or all applications for permits and approvals for the Project on an expedited schedule. If the Developers request that City pursue such expedited processing, City agrees to provide the Developers with reasonable prior notice of the amount and due date of the additional costs associated therewith. If the City determines to retain additional staff or to provide overtime staff assistance or staff consultants, the staff and the consultants shall be at the sole selection of the City and shall be paid for at the sole cost and expense of the Developers. Upon the City’s written request, the Developers shall advance a deposit sufficient to cover the City’s estimated costs. Such deposit shall be replenished, as necessary, from time to time, to assure that the City shall not bear any of the costs associated with additional staff, overtime, or staff consultants.

2.6.5 The Parties shall cooperate and diligently work to implement any zoning, tentative map, final development plan and/or land use, grading or building permits or approvals which are necessary or desirable in connection with the development of the Project in substantial conformance with the Vested Elements.

2.6.6 Notwithstanding any administrative or judicial proceedings, initiative or referendum concerning any of the Project Approvals, City shall process applications for permits and approvals as provided herein to the fullest extent allowed by law and Developer may proceed with development of the Project pursuant to the Project Approvals or Subsequent Project Approvals to the fullest extent allowed by law.

City shall be entitled, subject to the terms of this Agreement and Developer’s rights hereunder, to exercise all discretion to which it is entitled by law in processing and issuing any permits and approvals for the Project.

2.6.7 The term of any Permit Approval shall not include the period of time during which any moratorium, lawsuit, referendum, initiative or other legal challenge involving the Permit Approval was or is pending.

2.7 Development Timing.

The Parties acknowledge that Developer cannot at this time predict when or the rate at which the Property will be developed or the order in which each increment of the Project will be developed. Such decisions depend upon numerous factors which are not within the control of the Developer, such as market conditions and demand, interest rates, absorption, and other similar factors. Buildout of the Project, and the resulting need for 22223\001\1182744.2:73120

public service facilities, will take many years. Development of the Project may be phased as homebuilding goes forward and creates the need for additional capacity. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the Parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ desire to avoid that result by acknowledging that, unless otherwise expressly so provided in this Agreement, Developer shall have the vested right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in the exercise of its business judgment provided Developer is in compliance with the Project Approvals, provided, however, nothing herein shall override any phasing or timing for development set forth in a Parcelization Map conditions of approval, Mitigation Monitoring and Reporting Program (the Central Area Specific Plan, Salinas General Plan FEIR (2002), and Final Supplement to the Salinas General Plan Final Program FEIR 2007) mitigation measures, and Section 9.4 and other applicable sections of the Specific Plan.

2.8 Property Taxes; Processing Fees.

2.8.1 The Property shall remain subject to general property taxes, as well as special taxes, assessments, and fees, existing as of the Effective Date and to increases in such taxes, assessments, and fees permitted by law and Developer shall be obligated to incur Exactions in addition to those set forth in Exhibit B required to be imposed pursuant to State or Federal law, under the provisions of Section 2.5.

2.8.2 Developer shall be obligated to pay all applicable application and processing fees, permitting fees, including development review applications, plan check, map review, inspection and monitoring fees and fees of outside consultants, for land use approvals, grading and building permits, temporary use of land permits, and other administrative and ministerial permits, and other permits and entitlements(“Processing Fees”) in connection with the Project established and in effect at the time of application processing.

2.9. Subsequent Project Approvals. City may deny an application for a Subsequent Project Approval if such application is incomplete or otherwise does not comply with this Agreement or Applicable City Regulations or is materially inconsistent with the Project Approvals. The City may approve an application for a Subsequent Project Approval subject to any conditions reasonably necessary to bring the Subsequent Project Approval into compliance with this Agreement or Applicable City Regulations, or as necessary to make the Subsequent Development Approval consistent with the 22223\001\1182744.2:73120

Project Approvals or if an amendment has been previously approved by the City to allow the requested deviation. If City denies any application for a Subsequent Project Approval, City shall specify in writing the reasons for such denial.

2.9.1. Nothing herein shall limit the ability of the City to require the necessary reports, analyses, or studies to assist in determining whether any of the requested Subsequent Approvals are consistent with applicable law and this Agreement.

2.10 Streets and Related Improvements.

2.10.1 The City had adopted a Traffic Improvement Fee Program (TFO) in recognition that the traffic impacts of new development are not limited to the immediate vicinity of the new development, but have an impact upon the major streets throughout the city and in part to ensure that new development contributes toward offsetting the burden it imposes upon the City’s traffic system.

The City last updated its Traffic Improvement Fee Program (TFO) on January 19, 2010 (Resolution No. 19802). The City intends to update the TFO when it updates its General Plan, which is anticipated to begin in early 2020 (“TFO Update”). The TFO Update will be comprehensive and while the City cannot commit to a particular date by which the General Plan update and TFO Update will be completed, to a particular result, or to a particular approach or methodology, the TFO Update may take into consideration a number of factors including, but not limited to, cost estimates and elimination of the two-tier fee structure. Except as otherwise specifically set forth in this Agreement, in their development of the Project the Developers shall comply with the TFO. However, when the TFO update is complete, the Developers may choose, at their discretion, to initiate an amendment to this Agreement pursuant to Section 3 of this Agreement to reflect changes resulting from the TFO Update. The Developers may also, at their discretion, request that the City form an assessment district or adopt a plan area fee as additional mechanisms to finance construction of the roadways and related improvements necessary for the Project.

2.10.2 The City plans to complete the Congestion Relief Project along a portion of the frontage of the CASP as a four-lane expressway with landscaped median, turn lanes, bike lanes, roundabouts, and traffic signage. The Congestion Relief Project will also include a widened four-lane bridge over Gabilan Creek within the Central Area Specific Plan (CASP). The Congestion Relief Project will include roundabouts at the intersections of Boronda Road with Natividad Road and with Independence Boulevard.

The Congestion Relief Project (which consists of four-lanes, landscaped median, turn lanes, bike lanes, roundabouts, and traffic signage) will be paid from a variety of sources 22223\001\1182744.2:73120

including TFO funds, supplemented with Measure X funds, Senate Bill 1, potential grant funds, and other City revenues. Developers’ contribution to the cost of the Congestion Relief Project shall include payment of TFO fees. Developers shall also be responsible for related improvements along the Boronda Road frontage including the Frontage Improvements (curb and gutter, sound wall, sidewalk, landscaping, street lighting, and right-of-way dedication). The Developers’ responsibility shall also include the landscaping, irrigation, and maintenance of the landscaping in the ultimate third lane (10-feet) buildout of Boronda Road. (Exhibit D)
The Parties understand and acknowledge that completion of the Congestion Relief Project along the frontage of the CASP is important to the completion of development within this Project Area. The Parties further understand and acknowledge that the City cannot predict when or the rate at which the Congestion Relief Project will be commenced or will be completed. When the Congestion Relief Project will begin and will be completed depend upon numerous factors, not all of which are within the control of the City, such as weather, cost, challenges to the project, and similar factors. Consequently, the City cannot commit to a date certain by which its work on the Congestion Relief Project will begin or will be completed; however, in acknowledgement of the importance of the Congestion Relief Project to the Project, notwithstanding what is otherwise provided in Section 1.2.2 of this Agreement, in the event the City has not completed the Congestion Relief Project from McKinnon Street to Natividad Road within seven (7) years of the Effective Date, the Original Term of this Agreement and the deadline for the Developers to meet their Project improvement obligations under Section 1.2.2, shall automatically be extended for five (5) years for any of the Developers who are not at that time in default of this Agreement.

2.10.3 The following streets within the Central Area may by action of the City Council be designated as Major Thoroughfares: Collector Feature Street Section 3 (Road C), a segment of the Southerly Greenway, Collector Feature Street Section 4 (Road G), a segment of the Northerly Greenway, Boronda Road between McKinnon Street and Natividad Road, San Juan Grade Road between Boronda Road and the Russell Road Extension, Russell Road between San Juan Grade Road and Natividad Road, Rogge Road between the westerly boundary of the high school site and Natividad Road, and El Dorado Drive and McKinnon Street within the Project. Access to abutting lots and onstreet parking are not allowed on these streets.

2.10.4 Improvements for other streets or street segments which are required by the Project EIR to mitigate cumulative impacts, but which are not included within the TFO shall be paid for by the Developers on a fair-share basis. These fair-share 22223\001\1182744.2:73120

payments shall be indexed annually and shall be paid by the Developers in the same manner and at the same time that TFO payments are made.

2.10.5 All of the other interior streets not designated as major thoroughfares within the CASP will be constructed and paid for by Developers in accordance with the street sections contained in Section 5 and Appendix K of the Specific Plan.

2.10.6 CASP streets shall be constructed in phases on a subdivision-bysubdivision basis in conjunction with the review and approval of individual tentative subdivision maps. Except for the streets within the VC-A and VC-B districts streets within the CASP shall be dedicated as part of the public street system, shall be accepted by the City upon completion, and shall be maintained by the City through an assessment district upon expiration of the Developer's one-year warranty period.

2.10.7 When a Developer applies for a building permit and there are still traffic impact fees due to the City after applying all traffic fee credits assigned to that Developer, the Developer shall pay the difference at the then applicable rate. If the traffic impact fee credits issued on all of the Developer’s buildings in the Project exceed the total traffic impact fees due, the City shall repurchase the excess traffic impact fee credits from the Developer at the then current rate.

2.10.8 The City shall grant to Developer Rights of Access subject to City's standard conditions for such Right of Access as may be necessary across, under, and over the surface and subsurface of all City streets as may be required from time to time for construction and installation of the following improvements:

2.10.8.1 Gas, electricity, water, wastewater, drainage, telephone, cable media, computer, security, telecommunications, and all other utilities, facilities and like improvements (including without limitation their related conduits, wires, lines, pipes, mains, pumps, meters and other structures, stations and improvements) necessary or desirous to the Project; and

2.10.8.2 Construction, paving, striping, cleaning, and repairing streets within the Project.

2.11. Parks and Recreation Facilities

2.11.1 Public Parks Provided. As shown in Exhibit A, the Project shall provide a total of approximately 44.06 net acres of parkland (“the CASP Parkland”) to 22223\001\1182744.2:73120

meet the General Plan and Subdivision Ordinance requirement of 3 acres of developed parkland per 1,000 residents assuming buildout with 3.67 people per dwelling unit. The City will determine the final design of public park facilities, including the number and the type of sports fields that can be accommodated within the park configuration and acreage in accordance with City standards. Neighborhood parks vary from ±2.0 acres to ±11.6 acres in size. Small parks are typically less than two acres in size, but in no case less than 0.5 acres in size. Net acreage of each park will be refined in connection with tentative subdivision map review. The location, size and type of each park shall be substantially as shown in Table 4-1 and Figure 4-1 of the CASP. The design standards for the CASP’s parks shall be substantially as described in Section 2.6.5 of the CASP. No additional dedication or reservation of park land or open space, or the payment of any additional in lieu fee or exaction for park or open space land, shall be required of the Project.

2.11.2 Park Improvements. Improvements to dedicated parkland made by a Developer in accordance with the City’s Park and Sports Facility Standards (May 2018) as approved by the Library and Community Services Director shall be deemed consistent with the General Plan, the Specific Plan, the City's park and sports facility standards and any other applicable standards adopted by the City.

2.11.3 Park Improvement Fees. The City shall adopt, and Developers shall pay, a new Central Area Park Improvement Fee (“CAPIF”) in an amount sufficient to fund the acquisition of designated CASP parkland, the cost of street improvements abutting such designated parkland, and the cost of park improvements to equip such parklands within the CASP in accordance with adopted park improvement standards.

Developers who construct park improvements in accordance with adopted park improvement standards shall receive Park Improvement Fee credits in the amount of the actual cost of such improvements as constructed (hard and soft costs), not to exceed the per acre cost as calculated in the Park Facilities Development Impact Fee Update Study (Willdan, November 5, 2019) referred to herein as he CAPIF Fee Study, by type of park constructed. The fee credit for land will be $250,000 per acre and will be adjusted annually by the construction cost index change as published by the Engineering News Record in April along with all of the other development impact fees. The fee credits for the construction soft cost will be limited to the percentages of each category that were used in the CAPIF Fee Study, provided however, that costs actually be incurred but assigned to a “contingency” category may be converted to hard costs at the option of the Developer. CAPIF fees collected will be accounted for in a separate fund with Park Impact Fees so that, to the extent feasible, sufficient funds are available to pay fee credits as accrued. If sufficient funds are not available in the CAPIF fund to reimburse the Developer as provided herein, reimbursement will not occur until such time as sufficient funds become available. In the case of parkland purchased by the City from third parties, 22223\001\1182744.2:73120

or park improvements constructed or installed by the City, the cost recovered by the City from CAPIF Fees or from the CAPIF fund shall be limited to the acquisition cost and park improvement costs (hard and soft costs) calculated in the CAPIF Fee Study by type of park constructed, and any cost overage shall not be charged to the Developers.

2.11.4 Timing of Park Dedications and Improvements. Dedications of CASP parkland and improvements to CASP parkland shall be coordinated on a subdivision-by-subdivision basis with the development of the overall CASP to the extent feasible to assure the availability of recreational facilities to serve the residents of the area. Developers shall not be required to dedicate or improve designated park land until such park land is included in a recorded final subdivision map. The City shall coordinate its acquisition of parklands and construction of park improvements funded with Park Impact Fees so that, to the extent feasible, such improved parklands are available for use at the time of issuance of the first certificate of occupancy for residential development for which Park Impact Fees have been paid. 2.12. School Sites.

2.12.1. The Project shall include sites for two (2) new elementary schools (±12 acres each) and one (1) new middle school (± 18 acres).

2.12.2. Sites for new schools within the Central Area may be provided pursuant to a written agreement between Project Developers and the school districts. In the absence of such agreement, school sites shall be reserved by the Developer and acquired by the school district in accordance with Section 31-804 et seq. of the Salinas Municipal Code.

2.12.3. Responsibility for development of public schools, including the acquisition of school sites and the construction of school facilities, lies with the respective school districts.

2.12.4. Project Developers and the City shall cooperate with school districts to facilitate joint use of school sites and facilities.

2.12.5. If not needed for school purposes, as determined by the applicable school district, school sites may be developed for residential use up to a maximum of fifteen (15) units per net residential developable acre.

2.12.6. The Project Developers shall be responsible for the payment of school impact fees pursuant to Government Code Section 65996 as specified by the Project EIR as full and complete school facilities mitigation.
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2.13. Inclusionary Housing.

2.13.1 Inclusionary Housing Ordinance. All residential development within the Project shall comply with the City’s Inclusionary Housing Ordinance embodied in Ordinance No. 2594, as adopted June 6, 2017, and Resolution No. 2567 (collectively the “Inclusionary Ordinance”) and the Guidelines adopted pursuant thereto. For those Developers that choose to pay in lieu fees (for sale and rental) the in-lieu fees shall be set at the amount pursuant to the Inclusionary Housing Ordinance as of the Effective Date of this Agreement. The housing in lieu fees and/or rental housing impact fees will be adjusted by the percentage increase in the Engineering News Record (ENR) cost index, based on the most current April edition. The Inclusionary Ordinance is attached hereto as Exhibit E.

2.14. Infrastructure Financing.

2.14.1 Level of Municipal Services. In determining the level of improvement and service to be applied to and required by the Project, the City, the City’s consultants, the FGA Developers and their consultants shall apply the factors and assumptions set forth in the City of Salinas Public Facilities Impact Fee Study (February 2014, adopted April 8, 2014) (the “Nexus Study”) and in the Fiscal Impact Report.

2.14.2 City Development Impact Fees. Except as provided in Sections

2.14.2.1 or 2.14.2.2 of this Agreement, the Developers shall be obligated to pay only those City Development Impact Fees as set forth in Exhibit B attached and incorporated herein by this reference. The City may not impose or exact additional or increased City Development Impact Fees on the Developers or the Project.

2.14.2.1 State and Federal Fees; Permits and Approvals.

Notwithstanding Section 2.14.2, Developer shall be obligated to pay fees that may be imposed pursuant to State or Federal law (subject to Section 4.6 of this Agreement). The Developers shall also comply with lawful requirements of, and obtain all permits and approvals required by other local, regional, state, and federal agencies having jurisdiction over the Developers’ activities in furtherance of this Agreement. The Developers shall pay all required fees when due to federal, state, regional, or other local government agencies other than the City and acknowledge that the City does not control the amount of such fees.

2.14.2.2 Subsequent Project Approvals and City Processing Fees.

This Development Agreement shall not limit the authority of the City to charge any and all lawfully enacted City Processing Fees required for Subsequent Project Approvals, including application, inspection and monitoring fees, fees for staff and consultants used by the City in connection with processing permit and other approvals, and fees for 22223\001\1182744.2:73120

preparation of environmental analysis under CEQA, which are in force and effect on a city-wide basis and are in compliance with Government Code Section 66014.

2.14.2.3 Other Agency Impact Fees. Notwithstanding the provisions of Section 2.14.2, Developer shall be obligated to pay school impact fees imposed pursuant to the provisions of Government Code 65995 through 65996 and Education Code sections 17620 through 17626 and traffic impact fees imposed by the Transportation Agency for Monterey County (TAMC), in addition to whatever other agency impact fees may be imposed and applicable to the Project through the Term of this Agreement. Such fees shall be payable upon issuance of building permits, or at such other time as may be negotiated with the applicable agency.

2.14.2.4 Exactions. Except as expressly provided in this Agreement or mandated by state or federal law, the City shall not impose any additional development impact fees or charges or require any additional dedications or improvements through the exercise of the police power or otherwise, with the following exception: The City may impose reasonable additional fees, charges, dedication requirements as conditions of the City’s approval of an amendment to the (i) Project Approvals, (ii) Subsequent Project Approvals, or (iii) this Agreement, which amendment is either requested by the Developers or agreed to by the Developers; and

2.14.3 Mitigation Measures. Nothing contained in this Agreement shall relieve Developer of the obligation to implement feasible mitigation measures identified in the Project EIR for the purpose of mitigating or avoiding significant environmental effects of the Project; provided, however, that City retains the authority to adopt substituted measures or findings of overriding circumstances as provided by CEQA and the CEQA Guidelines.

2.14.3.1. Agricultural Mitigation. The City’s Agricultural Land Preservation Program (ALPP) was adopted on April 8, 2008 (Resolution No. 19422). The CASP, as part of the Salinas Future Growth Area Annexation and Sphere of Influence (SOI) Area, is a “GSA-MOU identified growth area” as defined in the ALPP. Developers shall comply with the ALPP as described in Section 9.5 of the Specific Plan. As set forth in Section 9.3 of the Specific Plan, the Developers will not be required to establish agricultural mitigation easements for the lands within the Project area and will be required to pay an agricultural land mitigation fee in the amount of $750 per acre of converted land designated by the California Department of Conservation’s Farmland Mapping and Monitoring Program as “Prime” or “of Statewide Importance” (Designated Farmland).
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2.14.4. Drainage/Stormwater. The City and the Developers acknowledge and agree that the analysis, plans, polices and design of the drainage and stormwater management facilities of the Specific Plan conform with or exceed the requirements of the (stormwater management plan in effect as of the Effective Date). The City and the Developers further acknowledge that the storm water requirements and stormwater fees imposed upon development and redevelopment projects, as well as to individual properties, in the city change from time-to-time and that the Project will be subject to whatever storm water requirements, storm water programs and utilities, and stormwater fees are in effect as of the date of application for a Project Approval or a Subsequent Project Approval. Developer shall implement the drainage and stormwater management policies of the Specific Plan in phases as provided in Section 8.3 of the Specific Plan.

2.14.5. Reimbursement Ordinance. On June 3, 2014, the City adopted an ordinance to provide for the establishment of one or more zones of benefit and the reimbursement for costs incurred in connection with the annexation and entitlement of lands in the North of Boronda Future Growth Area (Ordinance No. 2549, the “Reimbursement Ordinance”).

2.14.6. Installation of Improvements; Inspections. In any instance where a Developer is required to install improvements that are subject to inspection and approval by the City, Developer shall obtain City approval of the plans and specifications, and provided Developer has supplied all information required by the City, the City shall promptly review and act on the application for such approval in a diligent manner in accordance with law. The commentary on plans shall specify the changes required to comply with City regulations. Developer shall correct the plans as requested or shall explain in writing why any changes were not made, or deviated from the changes requested by the City.

2.15. Significant Actions by Third Parties Necessary for Approval. At Developer’s sole discretion, but consistent with the Project Approvals, Developer may apply for such other permits, grants of authority, agreements, and other approvals from other private, public and quasi-public agencies, organizations, associations or other public entities as may be necessary to the development of, or the provision of services and facilities to, the Project. The City shall cooperate with Developer in its endeavors to obtain such permits and approvals.

2.16. Cooperation of Parties. Each of the Parties shall act toward each other and the tasks necessary or desirous to the Project in a fair, diligent, expeditious and reasonable manner (except in those cases where a Party is given sole discretion under this Agreement), and no Party shall take any action that will unreasonably prohibit, impair 22223\001\1182744.2:73120

or impede the other Party’s exercise or enjoyment of its rights and obligations secured through this Agreement. This agreement to cooperate shall not require either Party to incur any un-reimbursed expenses.

2.17. Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild portions of the Project within the Term of this Agreement should it become necessary due to fire, earthquake, or other natural disaster or changes in seismic requirements. Such renovations or reconstruction shall be processed as a . Any such renovation or rebuilding shall be subject to all design, density and other limitations and requirements imposed by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA.

2.18. Fiscal Neutrality. The Fiscal Impact Report was prepared to summarize, among other things, estimated costs associated with providing required public services to, and the revenues generated by, the Project. Based upon the findings of the Fiscal Impact Report, the City has determined that the economic impact of the Project on the City will be fiscally positive. The conclusions of the Fiscal Impact Report are predicated among other things on the following assumptions regarding the shared responsibilities for ownership and maintenance of infrastructure between the City and the Central Area of the Future Growth Area:

2.18.1 Construction and Dedication of Streets. The Developer shall construct or install all improvements within the City-maintained areas described in Section 2.18.1 above. If Developer installs landscaping within the City-maintained areas, Developer shall maintain such landscaping in a healthy weed-free condition for one year following the City acceptance of the Project improvements. Developer shall dedicate such landscaped areas to the City.

2.19 Landscaping and Lighting Maintenance District. A Landscaping and Lighting Maintenance District (“LLMD”) will be established by the City in connection with the development of the Central Area to reimburse the City for the costs of maintenance performed by the City within the public areas of the Project, including but not limited to the following maintenance tasks:
(a) Maintenance of public parks less than two (2) acres in size. (b) Operation and maintenance (including replacement as needed) of all street path lighting.
(c) Maintenance of all low-impact development (LID) areas within public streets, 22223\001\1182744.2:73120

parcels, and rights-of-way, and in supplemental detention and retention basins (open space).
(d) Slurry coating of all interior streets and alleys every 5-7 years, depending on the deterioration of the asphalt as determined by the Public Works Director or his designee.
(e) Maintenance of all traffic calming devices, such as the center median islands, roundabouts, bulb-outs, and traffic circles, including landscaping. (f) Maintenance and replacement of the public paths, street trees, decorative street furniture, and traffic/street signs.
(g) Maintenance of the landscaping and the walls within the abutting half of the right-of-way of the arterial streets surrounding the Central Area. (h) Maintenance of alleys (including paving) and the adjacent landscaping within alley rights-of-way and/or easements.
(i) Maintenance of landscaping located within the public right-of-way of the southerly greenway street/path and landscape easement.

The LLMD shall be established in phases on a subdivision-by-subdivision basis in conjunction with the review and approval of individual tentative subdivision maps.

Prior to establishment of the LLMD the Developers shall provide all of such maintenance work. Developers shall maintain all areas of the LLMD until such time as the City reasonably determines there is sufficient residential development within the Project to support the City’s costs of such maintenance no more than one year after improvements are accepted with a subdivision map.

2.20 Completion of Improvements. The City generally requires that all improvements necessary to service new development be completed prior to issuance of building permits (except model homes). However, the Parties acknowledge that some of the backbone improvements associated with the development of the Property may not need to be completed to adequately service portions of the Property as such development occurs. Therefore, as and when portions of the Property are developed, all backbone infrastructure improvements required to service such portion of the Property in accordance with the Project Approvals and Subsequent Project Approvals shall be completed prior to issuance of any building permits within such portion of the Property (except permits for model homes). Provided, however, the Community Development Director may approve the issuance of building permits prior to completion of all such 22223\001\1182744.2:73120

backbone improvements if the improvements necessary to provide adequate service to the portion of the Property being developed are substantially complete to the satisfaction of the City Engineer or the Developer has entered into an agreement with the City as provided in Section 66462 of the California Government Code, and that the Developer’s performance to complete all of the backbone infrastructure is secured in the manner provided in Chapter 5 of the Subdivision Map Act (beginning with Section 66499).

2.21 Obligations of the Developers. The Developers shall develop the Property in accordance with and subject to the terms and the conditions of this Agreement, the Project Approvals, and the Subsequent Project Approvals, if any, and any amendments to the Project Approvals or this Agreement as may, from time to time, be approved pursuant to this Agreement. The failure of a Developer to comply with any term or condition of or fulfill any obligation of the Developers under this Agreement, the Project Approvals or the Subsequent Project Approvals or any amendments to the Project Approvals or to this Agreement as may have been approved pursuant to this Agreement, shall constitute a default by that Developer under this Agreement. An individual Developer’s default under this Agreement shall not affect the rights or the obligations of the other non-defaulting Developers who have entered into this Agreement.

Except as otherwise provided herein, the Developers shall be responsible, at their sole cost and expense, to make the contributions, improvements, dedications, and conveyances set forth in this Agreement and the Project Approvals.

SECTION 3

AMENDMENT OF AGREEMENT

AND SUBSEQUENT APPROVALS

3.1. Amendment of This Agreement. This Agreement may be amended from time to time in accordance with the Development Agreement Statute, only upon the mutual written consent of the City and Developer.

3.1.1. Major Amendments and Minor Amendments. Any amendments to this Agreement which affects or relates to (a) the Term of this Agreement, (b) permitted uses of the Property, (c) provisions for the reservation or dedication of land, (d) conditions, terms, restrictions, or requirements for subsequent discretionary action, (e) the density or the intensity of use of the Property or the maximum height or gross square footage of proposed non-residential buildings, or (f) monetary contributions by the Developers, shall be deemed a “Major Amendment” and shall require giving notice and a public hearing before the Planning Commission and the City Council. Any amendment which is not a Major Amendment shall be deemed a “Minor Amendment.” 22223\001\1182744.2:73120

The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment, they shall effectuate such clarifications, minor changes, or minor adjustments through a written Minor Amendments approved in writing by the Developers and the City Manager. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing, nor shall it constitute an amendment to this Agreement.

The City Attorney shall have the authority to determine if an amendment is a Major Amendment or a Minor Amendment. The City Attorney’s determination may be appealed to the City Council.

3.2 Amendment of Project Approvals. The Project Approvals from time to time, may be modified in the following manner:

3.2.1. Amendment to this Agreement Not Contemplated. Subsequent Project Approvals and (except as expressly provided below) modifications to Project Approvals shall not require an amendment to the terms of this Agreement, and the terms of this Agreement shall apply to all Subsequent Project Approvals and amendments to modifications to Project Approvals, without any further action of the Parties.

3.2.2. Determination of Need for an Amendment. Upon the written request of the Developer, the City Attorney shall determine whether any requested modification of the Project Approvals requires an amendment to the terms of this Agreement. If the City Attorney finds that the proposed modification does not result in a material change to the terms of this Agreement, the modification shall be approved administratively as a Minor Revision as provided in Section 9.7.1 of the Central Area Specific Plan without amendment of this Agreement.

3.2.3. Processing of Amendments. Any request by the Developer for a modification of the Project Approvals that is determined by the City Attorney to require an amendment to this Agreement shall be processed as an amendment to this Agreement in accordance with the Development Agreement Statute and Section 9.7.2 of the Central Area Specific Plan.

3.2.4. Administrative Approval of Minor Revisions. Minor modifications to Project Approvals that do not materially change the character of the Project, such as 22223\001\1182744.2:73120

minor adjustments in location or area that do not increase the overall size of the Project site, minor changes in the location of buildings, substitution of custom homes in the place of pre-designed homes, or the area designated for year-round outdoor/sidewalk/parking lot display by the anchor tenant, design and architectural details, floor plan or landscaping, as well as modifications listed in Section 9.7.1 of the Central Area Specific Plan, do not require amendment of this Agreement, and shall be approved administratively through the building permit process without the necessity of notice, hearing, CEQA review, separate application or process.

3.2.5. CEQA Review. The City has conducted extensive environmental review of the Project Approvals and has certified the Central Area Specific Plan Final Environmental Impact Report (the “Project EIR”) pursuant to the requirements of CEQA.

To the maximum extent permitted by law, the City shall process Subsequent Project Approvals under the existing CEQA approvals (or as an addendum or supplement to the existing CEQA approvals) and shall not require further CEQA action unless such additional review is legally mandated under the CEQA Guidelines. The Parties acknowledge that certain discretionary Subsequent Project Approvals, if any, may be legally required to be subject to additional review under CEQA. The City shall process all documents required under CEQA for the Project. Notwithstanding any other provision of this Agreement, nothing contained in this Agreement is intended to limit or restrict the discretion of the City to take any appropriate action as may be required by CEQA with respect to any such discretionary Subsequent Project Approvals. The Developers are responsible for all costs associated with any additional CEQA review required for Subsequent Project Approvals, including the payment of recording fees (if any) and the Notice of Determination Fee or Notice of Exemption Fee, as applicable.

SECTION 4

DEFAULT, REMEDIES, TERMINATION

4.1 Defaults.

4.1.1 Except for Non-curable Defaults, any failure by the City or Developer to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party (unless such period is extended by written mutual consent), shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which such alleged failure may be satisfactorily cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure 22223\001\1182744.2:73120

thereafter, shall be deemed to be a cure, provided that if the cure is not diligently prosecuted to completion, the default shall continue and no additional cure period shall be provided. If the alleged failure is cured, then no default shall exist and the noticing Party shall take no further action. If the alleged failure is not cured, then a default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under Section 4.3.

4.1.2 Any Assignment or other transfer in violation of Section 5 shall be considered a Non-curable Default.

4.1.3 No failure or delay in giving notice of default shall constitute a waiver of default; provided, however, provision of notice and opportunity to cure shall nevertheless be a prerequisite to the enforcement or correction of any Default.

4.2 Actions During Cure Period. During any cure period specified under Section 4.1.1 and during any period prior to delivery of any notice of default, the Party charged shall not be considered in default for purposes of this Agreement. If there is a dispute regarding the existence of a default, the Parties shall otherwise continue to perform their obligations hereunder, to the maximum extent practicable in light of the disputed matter and pending its resolution or formal termination of the Agreement as provided herein.

4.3 Remedies for Non-Defaulting Party.

4.3.1 In the event either Party is in default under the terms of this Agreement, subject to any applicable requirements of Section 4.4, the other Party may elect to pursue any of the following courses of action: (i) waive such default; (ii) pursue administrative remedies as provided in this Agreement; and (iii) pursue any judicial remedies available.

4.3.1.1 Developers’ Default; Enforcement. No building permit shall be issued or building permit application accepted for the building shell of any structure on the Property if the permit applicant owns or controls any property subject to this Agreement and if such applicant or any entity or person controlling such applicant is in default under the terms and the conditions of this Agreement unless such default is cured or this Agreement is terminated. The Developer shall cause to be placed in any covenants, conditions, and restrictions applicable to the Property, or in any ground lease or conveyance thereof, express provision for an owner of the Property, lessee or City acting separately or jointly to enforce the provisions of this Agreement and to recover reasonable attorneys’ fees and costs for such enforcement. 22223\001\1182744.2:73120

4.3.2 Unless otherwise provided in this Agreement, either Party, in addition to any other rights or remedies, may institute legal action to cure, correct, or remedy any default by the other Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance.

4.4 Dispute Resolution; Legal Action.

4.4.1 Mediation. Except as otherwise provided herein, no action or proceeding with respect to any dispute, claim or controversy arising out of or relating to this Agreement (“Dispute”) may be commenced until the matter has been submitted to mediation. Either Party may commence mediation by providing to the other Party a written request for mediation, setting forth the subject of the Dispute and the relief requested. The Parties shall cooperate with one another in selecting a mediator and in scheduling the mediation proceedings in Monterey County (unless otherwise agreed by the Parties). The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either Party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither Party may commence a civil action or proceeding with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action or proceeding, if the Parties so desire. The provisions of this Section 4.4.1 may be enforced by any court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the Party against whom enforcement is ordered.

4.4.2 If the mediation required under the provisions of this Agreement has not resolved the Dispute any Party to this Agreement may then commence an action or proceeding relating to a Dispute. Jurisdiction over any such dispute(s) shall be had in Monterey County or in the appropriate federal court with jurisdiction over the matter.

4.5 Annual Review.
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4.5.1 Each year during the Term of this Agreement beginning on or about the first anniversary date of the execution of this Agreement, the City shall review the extent of good faith compliance by Developers with the terms of this Agreement. This review shall be conducted by the Community Development Director and shall be limited in scope to compliance with the terms of this Agreement pursuant to the Development Agreement Statute.

4.5.2 A finding by the Community Development Director of good faith compliance by Developers with the terms of this Agreement, or a lack of a finding to the contrary, shall conclusively determine such good faith compliance up to and including the date of such review.

4.5.3 The burden of proof, by substantial evidence, of good faith compliance shall be upon the Developers. The Developers shall provide the evidence determined to be necessary by the City Attorney to demonstrate good faith compliance with the provisions of this Agreement. The Community Development Director may conduct the annual review notwithstanding the Developers’ failure to submit the written request or to provide substantial evidence of compliance. Costs reasonably incurred by the City in connection with the annual review and any related hearing shall be paid by the Developers in accordance with the City’s schedule of fees in effect at the time of the review. If, following such review, the Community Development Director is not satisfied that the Developers have demonstrated good faith compliance with all the terms and the conditions of this Agreement, the Community Development Director may refer the matter along with her or his recommendation to the City Council. Similarly, in the event the Developers disagree with the Community Development Director’s determination of non-compliance with all the terms and the conditions of this Agreement, the Developers may appeal the Community Development Director’s determination to the City Council to determine whether the Developers are in compliance.

4.5.4 With respect to each year for which an annual review of compliance with this Agreement is conducted, upon request of Developers (or any of them), the City shall provide Developer with a written “Notice of Compliance,” or, based on substantial evidence of a material failure of Developer to comply in good faith with the terms of this Agreement after notice and a reasonable opportunity to Developer to cure such failure, “Notice of Non-compliance,” as applicable, duly executed and acknowledged by the City. Either Party shall have the right to record any such notice.

4.5.5 Failure by the Developers (or any of them) to request review under this Section 4.5 or failure of City to initiate review under this Section 4.5 shall not invalidate any provisions of this Agreement or constitute a default hereunder. 22223\001\1182744.2:73120

4.6 Force Majeure Delay, Extension of Times of Performance.

4.6.1 In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to a Force Majeure Event.

4.6.2 Any Party claiming a delay as a result of a Force Majeure Event shall provide the other Party with written notice of such delay, the reason for the delay and an estimated length of delay. Upon the other Party’s receipt of such notice, the period of time for performance of any obligation or duty shall be automatically extended for the period of the Force Majeure Event, unless the other Party objects in writing within thirty (30) days after receiving the notice. In the event of such objection, the Parties shall meet and confer within thirty (30) days after the date of objection to arrive at a mutually acceptable solution to the disagreement regarding the delay. If no mutually acceptable solution is reached at the conclusion of the meet and confer session(s), either Party may initiate dispute resolution proceedings as set forth in Section 4.4 of this Agreement.

During the period of any Force Majeure Event extension, the Parties shall use their best efforts to minimize potential adverse effects resulting from the Force Majeure Event.

4.7 Legal Challenge by Third Party.

4.7.1 It is specifically understood and agreed by the Parties that the Project contemplated by this Agreement is a private development, that the City has no interest in or responsibility for or duty to third persons concerning any of said improvements, except for those improvements that are accepted by the City for maintenance and responsibility, and that the Developers shall have the full power over and exclusive control of the Property subject only to the limitations and the obligations of the Developers under this Agreement.

4.7.2 In the event of any administrative, legal or equitable action or other proceeding instituted by any person, entity or organization (not a Party to this Agreement) challenging the validity or enforceability of this Agreement, the Parties shall cooperate with each other in the defense of any such challenge, provided such cooperation shall not extend to payment of funds or expenses in defending such challenge unless agreed by the cooperating Party.

4.7.3 Developer shall indemnify, defend and hold harmless the City, its officers, agents, employees, from any claim, action or proceeding brought by a third party within the applicable statute of limitations (i) challenging the validity of this Agreement or seeking to attack, set aside, void or annul any action, decision or approval taken by the City pursuant to this Agreement, (ii) relating to any development of the Property during 22223\001\1182744.2:73120

the term of this Agreement or the Project Approvals, (iii) relating to any actions or inactions by the Developers (or any of them) or their contractors, subcontractors, agents, or employees in connection with construction of the improvement of the Property and the Project, or (iv) seeking damages which may arise directly or indirectly from the negotiation, formation, execution, enforcement or termination of this Agreement.

Nothing in this Section shall be construed to mean that Developer shall hold the City harmless or defend it to the extent that such claims, costs or liability arise from, or are alleged to have arisen from, the sole negligence or willful misconduct of the City. The City shall cooperate with Developer in the defense of any matter in which Developer is defending or holding the City harmless and for such purpose Developer shall retain competent legal counsel approved by the City, which approval shall not be unreasonably withheld or delayed; provided, however, that the City and the Developers shall each bear their own respective costs, if any, arising from such defense. The City shall promptly notify the Developers of any such claim, action or proceeding. If the City fails to promptly notify the Developers of any such claim, action or proceeding, or if the City fails to cooperate fully in the defense, the Developer shall not thereafter be responsible to defend, indemnify or hold harmless the City. Nothing contained in this Agreement prohibits the City from participating in the defense of any claim, action or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.

4.8 Estoppel Certificate.

4.8.1 Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party:

4.8.1.1 This Agreement is in full force and effect, and unless otherwise indicated has not been amended.

4.8.1.2 To best of knowledge, the Party requesting such certificate is not in default of the performance of its obligations under this Agreement, or alternatively, if a default exists or notice of default has been given, the nature and amount of any such defaults.

4.8.2 A Party receiving a request hereunder shall execute and return such certificate within twenty (20) business days following the receipt thereof. The Parties acknowledge that any certificate given hereunder may be relied upon by any governmental agency, any assignee, and other persons having an interest in the Project, including holders of any deed of trust. The City Manager shall be authorized to execute any such certificate for the City, unless otherwise directed by the City Council. 22223\001\1182744.2:73120

4.9 Termination of Agreement. This Agreement is terminable by mutual written consent of the Parties, and such termination shall not require or be contingent upon the approval or consent of any other person or entity. Any obligations of indemnification and defense relating to matters arising before termination of this Agreement shall survive termination of this Agreement. Any unused fees, fee credits or deposits shall be refunded to Developers forthwith. Any one or more of the Developers may terminate this Agreement upon the City’s mutual written consent. In the event any one or more of the Developers so terminates this Agreement with respect to their portion of the Property, the rights and obligations of the remaining Developers under this Agreement shall not be effected and this Agreement shall remain in full force and effect as to those remaining Developers.

4.9.1 Except as otherwise set forth in this Agreement, if this Agreement is terminated by mutual written consent of the Parties, neither Party shall have any further rights or obligations under this Agreement. Subject to Section 4.9.3, each Party understands that it may have sustained damages that arise, or may arise out of, or relate to the termination of this Agreement that may not be apparent and that are presently unknown. Each Party waives, with respect to termination of this Agreement by mutual written consent of the Parties, any claims for all such damages. The waivers and releases in this Agreement include waivers and releases of any claims for unknown or unanticipated injuries, losses, or damages arising out of or relating to termination of this Agreement by mutual written consent of the Parties.

4.9.2 Subject to Section 4.9.3, each Party waives, with respect to termination of this Agreement by mutual written consent of the Parties, all rights or benefits that it has or may have under Section 1542 of the California Civil Code to the extent it would otherwise apply. Section 1542 reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

4.9.3 Nothing herein contained shall release or excuse Developer in the performance of its obligations to indemnify and defend the City as provided in this Agreement.

4.10 Limitation on Legal Actions. In no event shall the City, or its officers, employees, or agents be liable in damages for any breach or violations of this Agreement, it being expressly understood and agreed that the Developers’ sole legal remedy for a 22223\001\1182744.2:73120

breach or a violation of this Agreement by the City shall be a legal action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Agreement.

SECTION 5

ASSIGNMENTS

5.1 Limitation As To Assignment. Except as permitted by Sections 5.2 and 5.3 of this Agreement, Developer shall not assign, or attempt to assign or otherwise transfer this Agreement or any right herein (each referred to as an “Assignment”) in whole or in part, without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. The City may refuse to give its consent only if, in light of the proposed assignment and financial resources, such assignee would not in the City’s reasonable opinion be able to perform the obligations proposed to be assumed by such assignee. The Developers acknowledge that the identity, make-up and proposal of the Developers are of particular concern to the City and it is because of these matters that the City has entered into this Agreement.

5.2 Permitted Assignment. The prior written approval of the City shall not be required for the following Assignments:

5.2.1 Any Assignment to one or more Affiliates of Developer; or

5.2.2 The merger, consolidation, restructuring or sale of substantially all of the assets of Developer or of any Affiliate; or

5.2.3 The assignment to any trustee by way of a deed of trust in favor of holder or beneficiary under such deed of trust, or the absolute or collateral assignment, pledge, grant or transfer to such holder, of the Developer’s right, title and interest in, to and under this Agreement for the purpose of creating an encumbrance on or security interest in such interest, or to or by any such holder or other purchaser in connection with its acquisition of the Project Site by foreclosure or deed in lieu of foreclosure; or

5.2.4 The sale of individual parcels to third parties (provided, however, that such parcels shall be subject to the Specific Plan and Project Approvals).

5.3 Assumption of Assigned Obligations. As a condition to any Assignment under this Agreement, any person or entity accepting such Assignment (“Assignee”) shall assume all of the obligations of this Agreement as they pertain to the portion of the Property being transferred to the Assignee. The assumption shall be in a form acceptable to the City and following the Assignment shall be recorded on the 22223\001\1182744.2:73120

portion of the Property transferred. This requirement shall apply whether or not the transfer requires approval of the City.

5.4 Release of Developer. Upon the effectiveness of any Assignment and assumption of Developer’s obligations by any Assignee, the Developer shall be fully relieved and released of each of its duties and obligations with respect to the portion of the Property transferred to the transferee from and after the date of such transfer, except as to those obligations of Developer under this Agreement, Project Approvals or Applicable City Regulations that affect more than the portion of the Property being transferred.

5.5 Successive Assignment. In the event of any Assignment under the provisions of this Section 5, the provisions of this Section 5 shall apply to each successive Assignment and Assignee. The Developer’s obligations under this Agreement with respect to the portion of the Property transferred which are to be assumed by the Assignee shall be set out in substantially the form of the Assignment and Assumption Agreement.

5.6 Unapproved Transfers Void. Any Assignment, or attempted Assignment, that is not approved by the City as required under this Section 5, or that is inconsistent with the provisions of this Section 5, shall be unenforceable and void and shall not release Developer from any rights or obligations hereunder.

SECTION 6

GENERAL PROVISIONS

6.1 Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure. The Developer’s breach of any of the covenants or restrictions contained in this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the Project, or any part thereof or interest therein, whether or not said mortgage or deed of trust is subordinated to this Agreement, but, the terms, conditions, covenants, restrictions and reservations of this Agreement shall be binding and effective against the holder of any such mortgage or deed of trust or any owner of the Project, or any part thereof, whose title thereto is acquired by foreclosure, trustee’s sale or otherwise.

6.2 Covenants Binding on Successors and Assigns. This Agreement and all of its provisions, agreements, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the 22223\001\1182744.2:73120

Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors (by merger, consolidation or otherwise) and assigns.

6.3 Covenants Run With Land. The provisions of this Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property which is for the benefit of the Property or shall constitute a burden upon the Property, as applicable, shall run with the land, and is binding upon each Party and each successive owner during its ownership of the Property, or any portion thereof.

6.4 Bankruptcy. The obligations of this Agreement shall not be dischargeable in Bankruptcy.

6.5 Reimbursement of Development Agreement Costs and Fees. Prior to the City’s issuance of any Subsequent Project Approvals, the Developers shall reimburse the City for all its reasonable and actual costs, fees, and expenses incurred in drafting, reviewing, revising, and processing this Agreement, including, but not limited to, recording fees, ordinance publication fees, staff time in preparing staff reports, and staff time, including legal counsel and special counsel fees, for preparation and review of this Agreement and changes requested by the Developers (or any of them). Exhibit F.

6.6 Reimbursement of Annexation Costs and Fees. Prior to the City’s issuance of any Subsequent Project Approvals, the Developers shall reimburse the City for all its reasonable and actual costs, fees, and expenses incurred in relation with the annexation of the Property into the City including, but not limited to, staff time, legal counsel fees, consultant fees, and publication fees. Exhibit G.

6.7 Preamble, Recitals, Exhibits. References herein to “this Agreement” shall include the Preamble, Recitals and all of the exhibits of this Agreement.

6.8 Attorneys’ Fees. Should any legal action or proceeding be brought by either Party regarding any matter arising out of or relating to this Agreement, the prevailing Party in such action shall be entitled to recover reasonable attorneys’ fees actually incurred, court costs, and such other costs as may be determined by the court.

6.9 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a separately undertaken private development and Developer shall have full power over and exclusive control of the Project subject only to the limitations and obligations of Developers under this Agreement and the Project Approvals and Subsequent Project Approvals. No 22223\001\1182744.2:73120

partnership, joint venture, agency or other association of any kind between Developers and the City is formed by this Agreement. The only relationship between the City and Developer is that of a governmental entity regulating development and the owner of the Project.

6.10 Construction. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and neuter and vice versa.

6.11 Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered, mailed by certified mail, return receipt requested, or delivered by reliable overnight courier, to the respective Party as follows:

If to City:

City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Attn: City Manager
With a Copy To:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Attn: City Attorney
And
Community Development Director
City of Salinas
65 West Alisal, 2nd Floor
Salinas, California 93901
If to Developer:

Richardson.
(Need contact information)
Mannina
22223\001\1182744.2:73120

(Need contact information)
Scagliotti, Pura
(Need contact information)
Probert & Codiroli
(Need contact information)
Hartnell College Foundation
(Need contact information)
With a Copy To:

Anne Secker
Christine Kemp
Attorneys at Law
P. O. Box 2510
Salinas, CA 93902
A notice shall be effective on receipt. Any Party may change the address stated herein by giving written notice to the other Party, and thereafter notices shall be addressed and transmitted to the new address. Any notice given to the Developer as required by this Agreement shall also be given to any lender which provides written request to City for notice.

6.12 Invalidity of Agreement; Severability. If this Agreement shall be determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment.

If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case either Party may terminate this Agreement by providing written notice thereof to the other. In the event of such termination, the provisions of Section 4.9 relating to termination of the Agreement by mutual written consent of the Parties shall apply.

Without limiting the generality of the forgoing, no judgment determining that a portion of this Agreement is unenforceable or invalid shall release Developer from its obligations to indemnify the City under this Agreement.
22223\001\1182744.2:73120

6.13Applicable Law; Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in Monterey County. The Developers acknowledge and agree that the City has approved and has entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity or the meaning of this Agreement shall be that accorded legislative acts of the City.

6.14 Waivers. No waiver of any obligations under this Agreement shall be enforceable or admissible unless set forth in a writing signed by the Party against which enforcement or admission is sought. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly set forth in such writing. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

6.15 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Developer and the City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

6.16Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:

A Ownership Table and Planning Subarea Map
B Exactions Applicable to the Project E
Table 1 to Exhibit B Development Impact Fees
C Regulations Applicable to the Project
D Boronda Road (CASP Project Buildout)
E Inclusionary Housing Ordinance and Guidelines
F Development Agreement Costs and Fees
G Annexation Costs and Fees

6.17 Interpretation. This Agreement has been drafted jointly, and reviewed by the Parties and their attorneys and, therefore, shall not be construed in favor of or against 22223\001\1182744.2:73120

a Party that may have drafted any particular term or provision. Prior versions or drafts of this Agreement shall not be used to interpret the meaning or intent of this Agreement or any provision hereof.

6.18Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties concerning the subject matter hereof. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the Parties with respect to all or any part of the subject matter hereof. To the extent that there are conflicts or inconsistencies between this Agreement and any prior agreement, the provisions of this Agreement shall prevail.

6.19Further Assurances and Acts. Each Party shall perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement.

6.20Signatures; Signature Pages; Execution in Counterparts. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective individuals or legal entities of the Developers and of the City. This Agreement shall inure to the benefit and be binding upon the Parties hereto and their respective successors and assigns. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement.

6.21Time of the Essence. Time is of the essence in the performance of each Party’s respective obligations under this Agreement.

6.22 No Third Party Rights. Nothing in this Agreement, whether express or implied, is intended to or shall do any of the following:
(a) Confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express Parties to it; (b) Relieve or discharge the obligation or liability of any person not an express Party to this Agreement;
(c) Give any person not an express party to this Agreement any right of subrogation or action against any Party to this Agreement.

IN WITNESS WHEREOF, the City and Developers have executed this Agreement 22223\001\1182744.2:73120

as of the date first hereinabove written.
“City”:

CITY OF SALINAS,
a municipal corporation
By: _______________________________
Mayor
APPROVED AS TO FORM:
___________________________________
City Attorney
ATTEST:
___________________________________
City Clerk
“Developers”:

Richardson
By: _________________
Its: _________________
By: __________________
Its: __________________
_____________________
Mannina
_____________________
22223\001\1182744.2:73120

Scagliotti, Pura
______________________
Probert & Codiroli
______________________
Hartnell College Foundation
PPROVED AS TO FORM:
________________________________
Anne Secker
Noland, Hamerly, Etienne & Hoss
Attorneys at Law
_________________________________
Christine Kemp
Noland, Hamerly, Etienne & Hoss
Attorneys at Law
22223\001\1182744.2:73120

Exhibit A Ownership Table and Planning Subarea Map
22223\001\1182744.2:73120

EXHIBIT B

EXACTIONS APPLICABLE TO THE PROJECT
[Subject to conforming and clarifying changes prior to execution and recordation]

1. Development Impact Fees. City and Developer agree that the development impact fees payable with respect to the specific land uses developed in the Project shall those listed in Table 1 to this Exhibit B. The Development Impact Fees shall be the cost/rate in effect on the Effective Date of this Agreement. The Development Impact Fees set forth in Table 1 shall be automatically adjusted based on the increase or decrease in the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Fees paid after the date of such adjustment shall be paid at the adjusted rate.

2. Traffic Mitigation Measures. City agrees not to impose on the Project any traffic mitigation measures other than those specifically set forth in the Project EIR.

3. Environmental Mitigation and Implementation Measures. The Parties understand that the Project EIR was intended to be used in connection with the Project Approvals and the Subsequent Project Approvals needed for the Project. Consistent with the CEQA streamlining policies applicable to specific plans, including but not limited to California Code of Regulations, Title 14, Section 15182, the City agrees to use the Project EIR in connection with the processing of any Subsequent Project Approval to the maximum extent allowed by law. 22223\001\1182744.2:73120

TABLE 1 TO EXHIBIT B

DEVELOPMENT IMPACT FEES
Street Tree Fee
Public Utility Impact Fee
Storm Drain Fee
Sanitary Sewer Fee
Park Fee (CAPIF)
Traffic Impact Fee
Public Facilities Impact Fee
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EXHIBIT C

CITY REGULATIONS APPLICABLE TO THE PROJECT
To the extent not in conflict with or not inconsistent with the Central Area Specific Plan, Parcel Map, and other Project Approvals, and except as otherwise provided for in this Agreement, the following rules, regulations and official policies in effect as of the Effective Date shall apply to the Project and Property:

A. City of Salinas General Plan, adopted September 17, 2002, in effect as of the Effective Date.

B. City of Salinas Subdivision Ordinance, Chapter 31 of the City of Salinas Municipal Code in effect as of the Effective Date.

C. City of Salinas Zoning Ordinance, Chapter 37 of the City of Salinas Municipal Code in effect as of the Effective Date.

D. City of Salinas Inclusionary Housing Ordinance (Ordinance No. 2594, June 6, 2017) and City of Salinas Inclusionary Housing Guidelines (Resolution No. 21175, June 6, 2017).

E. All other ordinances, resolutions, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the Property subject to a development agreement in effect as of the Effective Date.

F. Exactions (see Exhibit B)
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EXHIBIT D
(Boronda Road CASP Project Buildout)
22223\001\1182744.2:73120

EXHIBIT E
Inclusionary Housing Ordinance and Guidelines
(Ordinance No. 2594, June 6, 2017; Resolution No. 2567) 22223\001\1182744.2:73120

EXHIBIT F
Development Agreement Costs and Fees
22223\001\1182744.2:73120

EXHIBIT G
Annexation Costs and Fees

November 17, 2020
City of Salinas

CENTRAL AREA

SPECIFIC PLAN
Final
This page is intentionally left blank.
i
Final Central Area Specific Plan
November 2020
Table of Contents

1. Introduction 1

1.1 Purpose and Scope of the Specific Plan..............................................................1

1.1.1 Function of Specific Plan............................................................................................1

1.1.2 Goals, Policies and Implementation Measures.......................................................2

1.2 Specific Plan Organization and Content ............................................................3

1.3 Property Ownership and Development .............................................................4

1.4 Vision: New Urbanism Principles .......................................................................6

1.5 Project Description .................................................................................................9

1.5.1 Regional Location, History and Setting...................................................................9

1.5.2 Existing Conditions, Project Setting and Surrounding Land Uses ......................9

1.5.3 Creek Corridors.........................................................................................................10

1.5.4 PG&E Transmission Towers ...................................................................................11

1.5.5 Topography................................................................................................................11

1.5.6 Adjacent Uses ............................................................................................................11

1.6 Planning Background...........................................................................................12

1.6.1 Sphere of Influence Amendment and Annexation...............................................12

1.6.2 Specific Plan Initiation..............................................................................................13

1.7 Regulatory Authority and Compliance.............................................................14

1.7.1 Specific Plan Authority.............................................................................................14

1.7.2 Relationship to the Salinas General Plan...............................................................15

1.7.3 General Plan Residential Density Standards .......................................................17

1.7.4 Relationship to the Salinas Municipal Code and Zoning Code .........................17

1.7.5 Compliance with the California Environmental Quality Act ............................18

1.8 Project Applications ............................................................................................19

1.8.1 Specific Plan ..............................................................................................................19

1.8.2 Rezoning.....................................................................................................................19

1.8.3 Tentative Map/Vesting Tentative Map ..................................................................19

1.8.4 Parcel Map..................................................................................................................19

1.8.5 Development Agreement ........................................................................................20 City of Salinas | Final Central Area Specific Plan, November 2020 ii

2. Land Use 31

2.1 Introduction ...........................................................................................................31

2.2 Overview of Land Use Plan.................................................................................31

2.2.1 Goals ...........................................................................................................................31

2.2.2 Central Area Specific Plan Design Concept ..........................................................32

2.2.3 General Plan Land Use and Zoning Districts .......................................................35

2.3 Land Use Plan Summary .....................................................................................36

2.4 Land Uses................................................................................................................37

2.5 Residential Land Use Transect...........................................................................37

2.5.1 Neighborhood Edge A and B Districts – Low Density Residential (NE-A and NE-B) 37

2.5.2 Neighborhood General A and B Districts – Medium Density Residential (NGA and NG-B)..........................................................................................................................38

2.5.3 Neighborhood General C District – Medium Density Residential with Limited Flex and Mixed Use (NG-C)................................................................................................38

2.5.4 Village Center A and B Districts – High Density Residential and Mixed Use (VC-A and VC-B) ..................................................................................................................39

2.6 Public and Semipublic (PS) ...............................................................................40

2.6.1 Schools ........................................................................................................................40

2.6.2 Pacific Gas and Electric (PG&E), Cal Water and ALCO Water Sites and Facilities ..................................................................................................................................42

2.6.3 Public Library ............................................................................................................43

2.6.4 Fire Station .................................................................................................................43

2.6.5 Parks (P) and Open Space (OS) Land Uses ...........................................................43

2.6.6 Open Space Linkages................................................................................................44

2.6.7 Internal Parks and Green Spaces ............................................................................44

2.6.8 Focal Parks and Open Space Areas ........................................................................44

2.6.9 Pedestrian/Bike Path Promenades..........................................................................45

2.7 Inclusionary Housing...........................................................................................48

2.8 Density Bonus........................................................................................................48

2.9 Resource Management and Conservation .......................................................48

2.9.1 Agricultural Resources.............................................................................................49

2.9.2 Sensitive Species and Habitats Resources .............................................................49

2.9.3 Cultural Resources ...................................................................................................49

2.9.4 Sustainable Community Strategies ........................................................................50

2.10 Implementation Measures ..................................................................................53

3. Use Classifications and Development Regulations 61

3.1 Introduction ...........................................................................................................61

3.2 Purpose and intent................................................................................................62

3.3 Applicability ..........................................................................................................63

3.4 Zoning Districts.....................................................................................................63

3.4.1 Neighborhood Edge A (NE-A) ..............................................................................63

3.4.2 The Neighborhood Edge B (NE-B) ........................................................................63

3.4.3 Neighborhood General A (NG-A) .........................................................................63

3.4.4 Neighborhood General B (NG-B) ...........................................................................64

3.4.5 Neighborhood General C (NG-C) ..........................................................................64 iii

3.4.6 Village Center A (VC-A) ..........................................................................................64

3.4.7 Village Center B (VC-B)............................................................................................64

3.4.8 Parks (P) and Open Space (OS) Districts ...............................................................65

3.4.9 Public/Semipublic (PS) District...............................................................................65

3.4.10 Specific Plan Overlay District..................................................................................65

3.4.11 Flood Overlay District..............................................................................................65

3.5 Use Classifications and Development Regulations........................................65

3.6 Development Submittals.....................................................................................80

3.6.1 Subdivision of Land – Development Regulations, Design Standard and Density Conformance .........................................................................................................................80

3.6.2 Further Subdivision..................................................................................................80

3.7 Densities, Mix of Lots Sizes and Related Requirements ..............................80

3.7.1 Minimum and Maximum Average Density ..........................................................80

3.7.2 Number of Units .......................................................................................................81

3.7.3 Mix of Lot Sizes .........................................................................................................81

3.7.4 Net Residential Acres and Average Density .........................................................81

3.7.5 Accessory Dwelling Units and Carriage Apartments..........................................81

3.7.6 Proof of Conformance .............................................................................................81

3.8 Minimum Required and Maximum Allowable Densities............................82

3.8.1 Total Net Developable Residential Acres Within Each Zoning District ...........82

3.8.2 Average Number of Dwelling Units Per Net Developable Residential Acre Required Within Each Block in Each Zoning District......................................................82

3.8.3 Minimum and Maximum Total Allowable Dwelling Units Required in Each Zoning District.......................................................................................................................82

3.8.4 Allowable Floor Area Ratio (FAR) in all the NG-C, VC-A and VC-B Districts in the Central Area ....................................................................................................................83

3.8.5 Conversion Factor for Comparable Impacts of Residential and Commercial Uses 83

3.8.6 Flex Use Buildings ....................................................................................................84

3.8.7 Consistency with The General Plan........................................................................84

3.8.8 Compliance ................................................................................................................84

3.9 Specific Plan’s Conformance with The General Plan’s Minimum Required and Maximum Allowable Densities..................................................................85

3.9.1 General Plan Assumed Density Ranges.................................................................85

3.9.2 Specific Plan Conformance with the General Plan’s Required Density Ranges85

3.9.3 Compliance ................................................................................................................85

3.10 General Plan Required Percentage in Two Density Ranges.........................86

3.10.1 General Plan Page LU-39 Requirements................................................................86

3.10.2 Specific Plan Conformance to General Plan..........................................................86

3.10.3 Test of Density Mixes................................................................................................86

3.10.4 Compliance ................................................................................................................86

3.10.5 General Plan Page LU-30 .........................................................................................86

3.10.6 Compliance ................................................................................................................87

3.11 Required Park Acres in the Central Area Specific Plan.................................87

4. Design Standards 89

4.1 Introduction ...........................................................................................................89

4.2 Applicable Central Area Design Standards.....................................................90 City of Salinas | Final Central Area Specific Plan, November 2020 iv

4.3 Village Center A and B Districts ........................................................................90

4.3.1 Village Center A and B Design Intent....................................................................90

4.3.2 Village Center A and B Street Design.....................................................................92

4.3.3 Village Center A and B Architecture ......................................................................94

4.3.4 Village Center A and B Parking ..............................................................................97

4.4 Neighborhood General C District ...................................................................100

4.4.1 Neighborhood General C District Design Intent................................................100

4.4.2 Neighborhood General C District Street Design................................................101

4.4.3 Neighborhood General C District Architecture..................................................101

4.4.4 Neighborhood General C District Parking..........................................................101

4.4.5 Neighborhood General A and B Districts Design Intent...................................101

4.4.6 Neighborhood General A and B Districts Street Design...................................103

4.4.7 Neighborhood General A and B Districts Architecture.....................................103

4.4.8 Neighborhood General A and B Districts Parking.............................................103

4.5 Neighborhood Edge A and B Districts............................................................103

4.5.1 Neighborhood Edge A and B Districts Design Intent........................................103

4.5.2 Neighborhood Edge A and B Districts Street Design........................................103

4.5.3 Neighborhood Edge A and B Districts Architecture .........................................103

4.5.4 Neighborhood Edge A and B Districts Parking..................................................103

4.6 Housing Design and Orientation ....................................................................104

4.7 Schools ..................................................................................................................107

4.8 Parks and Open Space........................................................................................108

4.8.1 Park and Open Space Intent..................................................................................108

4.8.2 Parks Design Standards .........................................................................................111

4.8.3 Open Space Design Standards ..............................................................................112

4.9 Streetscape Standards ........................................................................................112

4.10 Fencing, Walls, and Hedges ..............................................................................118

4.11 Utilities..................................................................................................................119

4.12 Landscaping .........................................................................................................120

4.13 Green Building Standards.................................................................................120

4.14 Architecture..........................................................................................................122

4.14.1 Architectural Standards .........................................................................................122

4.14.2 Architectural Review..............................................................................................124

5. Circulation 133

5.1 Introduction .........................................................................................................133

5.2 Existing Facilities ................................................................................................135

5.2.1 Existing Roadway Network...................................................................................135

5.3 Planned Circulation Facilities ..........................................................................137

5.3.1 Circulation and Access Plan ..................................................................................137

5.4 Traffic Calming....................................................................................................141

5.5 Public Transit.......................................................................................................142

5.5.1 Public Transit in the Plan Area..............................................................................142

5.6 Pedestrian Circulation........................................................................................143

5.6.1 Greenways................................................................................................................144

5.7 Bicycle Circulation..............................................................................................145 v

5.8 Circulation Plan Goals, Policies, and Implementation Measures.............146

6. Infrastructure Plans 157

6.1 Introduction .........................................................................................................157

6.2 Public Infrastructure ..........................................................................................158

6.2.1 Domestic Water .......................................................................................................158

6.2.2 Sanitary Sewer ........................................................................................................164

6.2.3 Grading & Drainage ...............................................................................................167

6.3 Public Services and Utilities.............................................................................170

6.3.1 Existing Utilities and Easements...........................................................................171

6.4 Infrastructure, Public Services & Utilities Goals and Policies ..................177

6.4.1 Water Supply, Treatment and Distribution.........................................................177

6.4.2 Sewer Collection and Treatment ..........................................................................178

6.4.3 Flood Control...........................................................................................................178

6.4.4 Stormwater...............................................................................................................179

6.4.5 Education/Schools...................................................................................................180

6.4.6 Fire Protection, Emergency Services, and Code Compliance...........................181

6.4.7 Libraries....................................................................................................................182

7. Stormwater and Water Quality Management 195

7.1 Introduction .........................................................................................................195

7.1.1 Permit Compliance .................................................................................................196

7.2 References.............................................................................................................197

7.3 Study Area Evaluation .......................................................................................197

7.3.1 Project Description..................................................................................................197

7.3.2 Existing Site Conditions .........................................................................................198

7.3.3 Existing Floodplain and Grading .........................................................................199

7.4 Stormwater Control Standards.........................................................................201

7.4.1 Stormwater Control Goals .....................................................................................201

7.5 Project Level Permit Compliance.....................................................................206

7.5.1 LID Site Design........................................................................................................207

8. Public Facility Financing 219

8.1 Introduction .........................................................................................................219

8.2 Purpose and Scope of Public Facility Financing Plan .................................219

8.3 Public Facilities ...................................................................................................220

8.4 Infrastructure and Improvements....................................................................221

8.5 Public Facilities Financing ................................................................................226

8.5.1 Financing of Street Improvements .......................................................................227

8.5.2 Developer Financed Streets ...................................................................................227

8.6 Funding Policies..................................................................................................229

8.7 Financing Mechanisms and Resources...........................................................232

8.8 Maintenance Responsibilities ..........................................................................232

8.8.1 Landscape and Lighting Maintenance District...................................................233

8.9 Reimbursements .................................................................................................235

8.10 Fiscal Analysis .....................................................................................................236 City of Salinas | Final Central Area Specific Plan, November 2020 vi

9. Implementation and Administration 237

9.1 Introduction .........................................................................................................237

9.2 Specific Plan Authority and Implementation ................................................238

9.2.1 City Administration................................................................................................238

9.2.2 Parks Implementation ............................................................................................239

9.3 Project Review Procedures................................................................................241

9.3.1 Consistency Checklist.............................................................................................241

9.4 Phasing Plan.........................................................................................................245

9.5 Agricultural Land Preservation........................................................................246

9.5.1 Right to Farm Notices.............................................................................................246

9.6 Environmental Review ......................................................................................248

9.7 Minor Revisions and Specific Plan Amendment Procedures.....................252

9.7.1 Minor Revisions ......................................................................................................253

9.7.2 Specific Plan Amendments ....................................................................................255

9.8 Development Agreement...................................................................................255

9.9 Enforcement .........................................................................................................255

9.10 Project Financing.................................................................................................256

10. Appendices 257
Appendix A: Acronyms...............................................................................................258 Appendix B: Definitions .............................................................................................262 Appendix C: General Plan Consistency ..................................................................264 Appendix D: Mitigation Monitoring and Reporting Program ...........................292 Appendix E: Light Standards.....................................................................................358 Appendix F: Facilities, Traffic Management, and Trip Reduction Plan............361 Appendix G: Land Use Density Summary..............................................................368 Appendix H: MST Correspondence .........................................................................379 Appendix I: Affordable Housing Component (Inclusionary Housing Plan)...385 Appendix J: Boronda Road Cross Sections .............................................................406 Appendix K: Street Sections ......................................................................................408 Appendix L: Fehr and Peers Memo ..........................................................................445 Appendix M: Reimbursement Ordinance ..............................................................453 Appendix N: Master Landscaping Plan...................................................................473 Appendix O: Street Furnishings ..............................................................................474 Appendix P: Master Fence and Wall Plan ...............................................................476 Appendix Q: Conditions of Approval (Traffic Mitigations) ...............................477 Appendix R: Pacific Advanced Civil Engineering, Inc. (PACE), hydrologic mitigation analysis, Technical Memorandum................................486 Appendix S: 2006 Salinas Zoning Code ..................................................................507 Appendix T: Interpretation Guide............................................................................509 Appendix U: FGA Acreage City Finance Table .....................................................510 vii
List of Figures
Figure 1-1: Regional Location Map.............................................................................21 Figure 1-2: Project Location Map.................................................................................22 Figure 1-3: North of Boronda Road FGA Composite Map.....................................23 Figure 1-4: Existing Conditions ...................................................................................25 Figure 1-5: Existing General Plan Land Use Designations ....................................27 Figure 1-6: Existing Zoning Map Upon Adoption of Specific Plan......................29 Figure 1-7: Existing Zoning Map Upon Adoption of Specific Plan......................30 Figure 2-1: Specific Plan Land Use Map ....................................................................59 Figure 2-2: Walkability Map ........................................................................................60 Figure 4-1: Conceptual Park Map..............................................................................127 Figure 4-2: Conceptual Entry Landscaping, Natividad Road at Southerly Greenway ..................................................................................................128 Figure 4-3: Conceptual Entry Landscaping , Independence Boulevard & E.

Boronda Road ...........................................................................................129 Figure 4-4: Conceptual Entry Landscaping, Village Center & Boronda Road .130 Figure 4-5: Conceptual Park Improvements............................................................131 Figure 4-6: Conceptual Tower Line Landscaping ..................................................132 Figure 5-1: Street Key ..................................................................................................151 Figure 5-2: Conceptual Public Transit Route Map ................................................152 Figure 5-3: Bicycle & Pedestrian Circulation ..........................................................153 Figure 5-4: Existing Arterial Transportation Facilities..........................................154 Figure 5-5: Future Arterial and Collector Roads & Vehicular Access Plan .......155 Figure 6-1: Conceptual Domestic Water Distribution Layout.............................185 Figure 6-2: ALCO Conceptual Domestic Water Distribution Layout ................186 Figure 6-3: Cal Water Conceptual Domestic Water Distribution Layout ..........187 Figure 6-4: Conceptual Sanitary Sewer Layout ......................................................188 Figure 6-5: Existing Site Topography.......................................................................189 Figure 6-6: FEMA Flood Zones ..................................................................................190 Figure 6-7: Conceptual Earthwork Design..............................................................191 Figure 6-8: Conceptual Storm Drain Layout...........................................................192 Figure 6-9: Existing Easements ..................................................................................193 Figure 6-10: Conceptual Supplemental Stormwater Basins.................................194 Figure 7-1: Location Map ............................................................................................212 Figure 7-2: Hydrological Existing Conditions ........................................................213 Figure 7-3: NRCS Soil Classification........................................................................214 Figure 7-4: Gablian Creek Riparian Corridor.........................................................215 Figure 7-5: Natividad Creek Riparian Corridor ....................................................216 Figure 7-6: Conceptual Site Design Examples, Large Single Family Homes ...217 Figure 7-7: Conceptual Site Design Examples, Standard Single Family Homes & Greencourt Dwellings ........................................................................218 City of Salinas | Final Central Area Specific Plan, November 2020 viii
List of Tables_2
Table 1-1: Central Area Owner’s List...........................................................................4 Table 2-1: General Plan Designations and Corresponding Zoning Districts....35 Table 2-2: Summary Land Use Plan...........................................................................36 Table 3-1: Use Classifications......................................................................................65 Table 3-2: Development Regulations ........................................................................71 Table 3-3: Usable Open Space Standards .................................................................79 Table 4-1: Park Summary...........................................................................................109 Table 5-1: Proposed Future Growth Area Street Sections (1)(2).........................138 Table 5-2: Street Section Summary .........................................................................139 Table 6-1: Projected Water Demand – ALCO Service Area (MG/ Year) (1)......162 Table 6-2: Water Demand Estimate– Cal Water Area (AFY)(1) ...........................163 Table 6-3: Projected Sewer Generation...................................................................166 Table 6-4: Student Generation Estimates ...............................................................173 Table 6-5: Estimated Electricity Demand................................................................174 Table 6-6: Estimated Natural Gas Demand............................................................175 Table 6-7: Estimated Solid Waste Generation........................................................177 Table 7-1: General Project Information...................................................................198 Table 7-2: Hydrologic Mitigation Basin Volumes ................................................202 Table 8-1: Proposed Funding Sources (or as per Development Agreement)...232 1 Final Central Area Specific Plan
November 2020

1. Introduction

1.1 Purpose and Scope of the Specific Plan

1.1.1 Function of Specific Plan
The Central Area Specific Plan (herein also referred to as the “Central Area”, “CASP” or “Specific Plan”) provides the land use planning and regulatory guidance including land use and zoning designations and policies as well as development regulations and design standards for the development of approximately 760 acres of land located within the City’s North of Boronda Future Growth Area (FGA), see Figure 1-1, Regional Location Map and Figure 1-2, Project Location Map. The area to be governed by the Specific Plan (herein also referred to as the “Plan Area”) is located within the incorporated boundaries of the City of Salinas, except for approximately 85 acres of the Settrini, Igaz Ranch and Garcia Properties. See Section 1.3 and Section 9.2.1 of the Specific Plan for further discussion of these properties. The entire 760-acre site is located within the City’s Sphere of Influence (SOI).

The Specific Plan is a comprehensive document that establishes a development framework for: (i) land use and zoning
designations; (ii) circulation; (iii) public services and utilities; (iv) resource conservation; (v) financing and implementation; and (vi) development regulations and design standards for the development of the Plan Area. The Specific Plan provides a bridge between the Salinas General Plan (herein also referred to as “General Plan”) and applications for individual development permits within the planning area, applying and adding greater City of Salinas | Final Central Area Specific Plan, November 2020 2 specificity to the goals, policies and implementation measures of the General Plan for the area.

The Specific Plan provides a blueprint for the development of the Plan Area, including the following:
• A description of the proposed uses;
• Development regulations, policies and design standards; • Infrastructure and financing requirements; and
• Implementation and Administrative processes.

The Salinas Zoning Code (herein also referred to as “Zoning Code”) requirements shall apply to the property located within the Plan Area where not addressed by regulations and standards contained in the Central Area Specific Plan. The Specific Plan is supported by a large body of technical analyses, which are referenced in the Specific Plan and/or included in the Appendices.

1.1.2 Goals, Policies and Implementation Measures
As used in this Specific Plan, a goal is a broad statement of intended direction and purpose. A policy is a statement which provides specific guiding action and clear commitment to achieve a desired outcome or implement a Specific Plan or other City requirement. An implementation measure is a specific action, procedure, program or technique by a specific party or parties that must be taken to implement the policy and the Specific Plan. Implementation measures also identify a party or parties that are responsible for taking the action. If not specified, the City Planner shall determine the responsible party or parties. Chapter 2 and Chapters 5 through 9 contain goals, policies, and implementation measures.

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Introduction
3 1.2 Specific Plan Organization and Content
The Specific Plan is organized into the following nine chapters and the appendices:
• Chapter 1. Introduction - This Chapter provides the context for the Specific Plan by describing its purpose and scope, organization and content, New Urbanism principles, relationship to and conformance with the General Plan and Salinas Zoning Code, project description, planning background, plan area location, setting and project applications.
• Chapter 2. Land Use - This Chapter identifies the land uses, zoning and General Plan land use designations, development intensities, inclusionary housing, density bonus, and organization of land uses used to meet the objectives of the Specific Plan and General Plan • Chapter 3. Use Classifications and Development Regulations - This Chapterprovides theuse classifications,densities andthedevelopment regulations required to create a New Urbanism-style community • Chapter 4. Design Standards - This Chapter provides the standards that guide design and planning of residential and mixed use/ commercial development, as well as parks and other amenities. • Chapter 5. Circulation - This Chapter discusses the location and classification of roadways, bicycle and pedestrian paths, transit and the circulation infrastructure needed to link the Specific Plan area to the vicinity road network.
• Chapter 6. Infrastructure Plans - This Chapter identifies the public services and provides a framework for expansion of infrastructure systems.
• Chapter 7. Stormwater and Water Quality Management - This Chapter identifies the measures and requirements, which will be used throughout the Specific Plan in order to comply with the City of Salinas Stormwater Development Standards and other applicable County, State, and federal stormwater requirements.
• Chapter 8. Public Facility Financing - This Chapter identifies the proposed financing plan, public facility cost summaries, and funding sources to support the Plan Area.
• Chapter 9. Implementation and Administration - This Chapter addresses the project review process, actions, phasing, and approvals needed to implement and amend the Specific Plan.

City of Salinas | Final Central Area Specific Plan, November 2020 4 1.3 Property Ownership and Development
Central Area Owner’s List contains the Assessor’s Parcel Numbers (APNs) and ownership of the properties located within the Central Area Specific Plan as of the writing of this Specific Plan. The participating project proponents (applicants) are Thrust IV, Inc., and Harrod Construction.

Participating project proponents have funded the annexation, EIR preparation and specific plan preparation. As of the writing of this Specific Plan, there are no other developers or property owners participating. As noted previously, the Settrini, Igaz Ranch and Garcia properties are not located in City limits at present but are within the City’s SOI.

The General Plan requires that Specific Plans be approved by the City Council prior to any development in the City’s Future Growth Area (FGA). Since the annexation of the North of Boronda FGA into the City of Salinas, the City Council has envisioned that three large Specific Plans (consisting of the West, Central and East Areas) would be prepared to ensure a comprehensive and orderly planning approach is undertaken to guide the development of this area.

Given the Settrini, Igaz Ranch and Garcia properties are located within the City’s SOI, these properties have been included as part of the planning efforts for the greater North of Boronda FGA and the Central Area Specific Plan. The Central Area Specific Plan will be applicable to and govern the development of these properties at such time they are annexed into the City limits, have paid their share of the annexation and entitlement Table 1-1: Central Area Owner’s List
APN Owner
153-091-011-000 Cloverfield
153-091-014-000, 153-091-016-000 Cloverfield
211-013-007-000 Harden
211-013-010-000 Sbrana
211-013-003-000, 211-013-011-000 Kantro
211-013-012-000 Bondesen
153-091-017-000, 153-091-008-000,
153-091-009-000, 153-091-010-000
Kantro
153-101-005-000 Madalora
153-071-011-000, 153-071-036-000,
153-071-035-000, 153-071-034-000
Santa Rita Union School District
153-091-015-000 Salinas Union High School District
153-091-003-000 Mortensen
153-091-001-000, 153-091-005-000 Osequera
Notes:

Refer to Appendix G for Planning Subareas within each APN and Figure 1 4, Existing Conditions *See Section 8.9 for a discussion of the Reimbursement Ordinance that governs reimbursements among Central Area property owners for fair share of costs associated with annexation and Specific Plan preparation.

Introduction
5 costs and other required entitlements have been obtained. As such, all figures and text in the Central Area Specific Plan (as they pertain to these properties) have been provided for conceptual planning purposes only.

See Section 9.2.1 of the Specific Plan for further discussion of this issue.

The northeast portion of the Specific Plan (Hartnell and Natividad properties) and the southcentral and southeast portion of the Specific Plan (Manning, Scagliotti and Helmers) also have no identified developer at this time and have not paid any portion of the annexation and entitlement costs.Additionally, it should be noted that theAlisal Union School District, owns one of the two proposed elementary school sites in the Plan Area and the Salinas Union High School District, owns the proposed middle school site. These sites are both currently undeveloped.

In general,the developer and/or property owner of each ofthe CentralArea properties will be responsible for designing, financing and constructing the infrastructure needed to support development within their portion of the Plan Area and shall receive credit (where approved by the City) against future impact fees where the improvement is clearly part of the impact fee and shall receive reimbursement in accordance with the City’s Reimbursement Ordinance, as applicable.

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City of Salinas | Final Central Area Specific Plan, November 2020 6 1.4 Vision: New Urbanism Principles
The vision for the Central Area Specific Plan is to create a livable and pedestrian-oriented community, planned and designed to implement the tenets of New Urbanism and other General Plan principles, with a diverse mix of housing types and lot sizes, a vibrant mixed use main street (herein referred to as “Main Street” and village greens, accessible public uses and gathering places, an interconnected bicycle path and public transit network, and well-planned infrastructure.

The Specific Plan will foster the creation of distinct identifiable neighborhoods that have traditional neighborhood development (TND) design characteristics. Crime Prevention Through Environmental Design (CPTED) design principles as expressed in the Salinas General Plan have been incorporated into the Specific Plan to promote a safer built environment. Design principles and standards promoting Health in all Policies, Smart Growth, and Green Building have also been included to ensure the development of a healthy, compact, vital, and well-balanced community. These design principles are distinct from the conventional auto-centric suburban type of development that has often occurred over the last seventy years.

The Specific Plan design and transect planning principles include, but are not limited to the following elements:
• Use of innovative and imaginative site planning techniques in order to develop a sense of place where the amenities, facilities, and features exhibit an overall high level of urban design and architectural integration;
• A lively mix of residential, shopping and community services within a clearly defined Village Center;
• A clear, gradual transition, block by block, between the high density, active Village Center and the lower density edges of the plan area; • An advantageous and sensitive use of natural resource features and open spaces;
• Quality and craftsmanship in the built environment;
• The emphasis on the pedestrian rather than automobile, including the provision of pedestrian-scale amenities and decorative street lighting.

In this regard, sidewalks are separated from abutting streets by 8-foot wide landscaped planters (behind the face of curb) to accommodate large trees and other landscaping and provide a more pedestrianfriendly environment except where otherwise provided for in this Specific Plan;
• Tree-lined streets and houses with porches and other features to promote “eyes on the street” and cars and garages located to the rear so the streetscapes will have landscaped front yards with no Introduction
7 driveways or cars parked in the front setbacks; a variety of land uses and housing types throughout the community; and
• An interconnected bike lane and pathway network that encourages residents to frequently walk and bicycle to the various uses and facilities in their community.

The Development Regulations in Chapter 3, coupled with the Design Standards in Chapter 4, are intended to encourage a new Salinas neighborhood in accordance with TND and the other planning and design principles as previously discussed. The vision and core design principles for the Central Area Specific Plan are as follows:

A. Create Seven New Urbanism Zoning Districts. These Zoning Districts are more fully described in Chapters 2 and 3, see Figure 1-6, Zoning District Map Upon Adoption of Specific Plan. The seven Zoning Districts (transect) transition from the low density edge of the Plan Area to the high density Village Center in its core.
(1) Neighborhood Edge A (NE-A) District. To provide areas along the open spaces and arterial roads for a mix of large lots for low density detached single-family dwellings.
(2) NeighborhoodEdgeB(NE-B)District.Toprovideareas forabroader mix of lot sizes for low density detached single-family dwellings. (3) Neighborhood General A (NG-A) District. To provide areas for a mix of lot sizes for detached single-family dwellings at a higher density than the NE-A and the NE-B Districts.
(4) Neighborhood General B (NG-B) District. To provide areas for a mix of lot sizes for detached and attached single-family and multifamily dwellings, at a higher density than the NG-A District. (5) Neighborhood General C (NG-C). To provide areas of a mix of lot sizes for detached and attached single-family as well as multifamily dwellings at a higher density than the NG-B District. This district also allows for small scale retail and office uses on the ground floor with residential above.
(6) Village Center A (VC-A) District. To provide areas for high density multifamily residential uses and flex use and mixed use buildings, stand-alone retail and office uses, generally sited along the Main Street and around the Village Greens.
(7) Village Center B (VC-B). To provide areas for flex use and mixed use buildings, retail and office uses, multifamily residential development, and public and semipublic facilities generally located along the Main Street and around the Village Greens. The residential density within this district is the highest residential density in the Specific Plan.

City of Salinas | Final Central Area Specific Plan, November 2020 8 B. Transect Zones.

A major feature of transect planning is that it incorporates a variety of residential and mixed use commercial spaces into a Plan Area. A typical transect plan would consist of a “main street” mixed use commercial center with high density multifamily dwellings. A village center area would be a focus of transit and ideally be within walking distance from any point in the surrounding neighborhoods. The Specific Plan Village Center Zones described previously are located and designed with these principles in mind. Moving outwards from the center, residential density would gradually decrease from apartments to townhouses to fully detached dwellings. In addition, each block within the NE-A, NE-B, NGA, NG-B and NG-C zones encourage a mix of lot sizes to provide a variety of price points and massing along a street.

C. Conventional Subdivision Ordinances.

Conventional subdivision ordinances and Zoning Codes have for 70 years required uniformly sized lots and homes often on dead-end culde-sacs, which exited onto loop streets, then onto collector streets and then to arterials and expressways. This development pattern encouraged a dependency on the automobile to get to shopping, employment and often schools and was not bicycle-or pedestrian-friendly. This type of development pattern is not consistent with the vision for the Central Area Specific Plan or the General Plan.

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Introduction
9 1.5 Project Description
See Section 2.3, Land Use Plan Summary and Section 3.7, Densities for further land use and development details within each zoning district.

1.5.1 Regional Location, History and Setting
Salinas is located approximately 15 miles from Monterey Bay in northern Monterey County between the Gabilan and Santa Lucia mountain ranges.

Located at the northern end of the Salinas Valley, Salinas is situated approximately 20 miles northeast of Monterey, 60 miles south of San Jose, 100 miles south of San Francisco, and 325 miles north of Los Angeles, see Figure 1-1, Regional Location Map and Figure 1-2, Project Location Map.

Salinas is located in proximity to regional transportation routes including U.S. Highway 101 and State Routes 68, 156 and 183, which traverse the City, a regional airport located in Monterey, and a municipal airport located in the southeast portion of the City.

Unincorporated land under the jurisdiction of the County of Monterey surrounds Salinas. Land uses in the areas surrounding Salinas include land in agricultural production, open space, commercial, and low-density residential development.

Salinas began as a small cattle ranching and agriculture town in 1856. By the 1860s, Salinas was renowned forits fertile lands and quickly became the governmental seat of Monterey County, with the arrival of the Southern Pacific Railroad in 1872. Salinas was incorporated in 1874 and the Salinas Valley is now referred to as the “Salad Bowl of the World.” In 1970, Salinas was a medium size agricultural-based city of 58,896 people. According to the 2010 U.S. Census, during the 40 years between 1970 and 2010 the population grew to 150,441 and Salinas now has a diverse economy and the largest population of any city in Monterey County.

The Specific Plan area is located in the northern area of the City of Salinas, referred to as the North of Boronda Future Growth Area as shown on Figure 1-3. The Specific Plan area (comprising 760 gross acres) is bounded by the future extension of Russell Road on the north, East Boronda Road (herein also referred to as “Boronda Road”) on the south, Natividad Road on the west, and the future extension of Constitution Boulevard on the east.

1.5.2 Existing Conditions, Project Setting and Surrounding Land Uses
The Specific Plan area consists of multiple parcels of varying sizes. The Assessor’s Parcel Numbers (APNs) and the 12 property owners of these parcels (as of the writing of this Specific Plan) are identified on Table 1

1. Two of these property owners are the Salinas Union High School District and the Alisal Union School District, which own school sites in the Plan Area.

City of Salinas | Final Central Area Specific Plan, November 2020 10 The lands within the PlanArea are currently primarily cultivated farmland and grazing lands. The land is considered prime farmland or farmland of statewide importance. The loss of this farmland was previously addressed as part of the Environmental Impact Report (EIR) prepared for the Salinas General Plan in 2002 and findings of overriding consideration were adopted by the Salinas City Council at that time. None of the parcels in the Specific Plan area have Williamson Act contracts or other encumbrances protecting agricultural activities. A total of 7 residences, 3 detached garages and 17 miscellaneous sheds or outbuildings associated with individual property owners, are located within the Plan Area and are shown on Figure 1 4.

Existing utilities and infrastructure are currently available located along Boronda Road including water, sewer, electricity, storm drainage and dry utilities which will be extended into the Specific Plan area. MontereySalinas Transit (MST) currently provides transit access to the site.

1.5.3 Creek Corridors
The majority of the site has been heavily disturbed for years from agricultural practices. There are two creek corridors which run through the plan area. The Gabilan Creek riparian corridor runs through the plan area in a north/south direction along the future extension of Independence Boulevard, and the Natividad Creek riparian corridor runs through the Plan area in a north/south direction west of the future extension of Constitution Boulevard, see Figure 7 4 and Figure 7 5. The upper portion of the Natividad Creek riparian corridor has been converted from its natural state to an agricultural drainage ditch, and most of the vegetation surrounding the seasonal creek has been removed. The Gabilan Creek ripariancorridorhas alsobeendegradedovertime as a result of agricultural practices. These creeks are identified on Salinas General Plan Figure COS4, Vegetation Communities of the Conservation/Open Space Element as having the potential for certain special status species. A biotic study was previously prepared (2005) as part of the FGA SOI and annexation, which evaluated the biotic resources at the site. Oak woodlands are located near the northwest intersection of Old Stage Road and Williams Road and along the Gabilan Creek east of Natividad Road. The project area also supports an oak grove near the intersection of Williams Road and Old Stage Road.

The grove is comprised of large-sized, mature coast live oak trees with multiple cavities and snag limbs. However, the report concludes that the habitat values of the oak woodland are diminished due to the fragmented and isolated nature of the stand, understory management (disking), and ground squirrel control (e.g., bait stations). Within the project area, areas of Native Grassland type are limited to two (2) small remnant patches on sloping, non-agricultural land. One patch is located adjacent to Old Stage Road and the second patch is on a hillside south of Natividad Creek.

The Native Grassland are noticeable by growth of purple needle grass, blue wild rye, narrow-leaved mule ears, golden brodiaea, annual lupine, blue-eyed grass, soap plant, California brome, and sun cups. The site is not located within an adopted Habitat Conservation Plan or other Natural Community Conservation Plan.

Introduction
11 Gabilan Creek and Natividad Creek are designated as areas of one percent chance annual flood by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) (Gabilan Creek is within Flood Zone AE, and Natividad Creek within Flood Zone A, Flood Insurance Rate Map (FIRM) panels 06053C0226G, 06053C0228G, and 06053C0230G).

A FEMA map revision will be required to adjust the boundaries of the “A” flood designation prior to any development in the flood zone. The remainder of the site is within either unshaded or shaded Zone X, see Figure 6 6, FEMA Flood Zones.

1.5.4 PG&E Transmission Towers
Existing PG&E transmission towers and corresponding easement extend through the center of the site north of Hemingway Drive.

They also border the site along the north (future Russell Road) and along Old Stage Road.

1.5.5 Topography
The site generally slopes from a northerly to southerly direction towards Boronda Road. The overall topographic relief is approximately 76 feet, with a maximum elevation of approximately 146 feet above sea level at the northeast corner on Old Stage Road, and a minimum elevation of approximately 70 feet above sea level in Natividad Creek at the Boronda Road crossing.

1.5.6 Adjacent Uses
Everett Alvarez High School and single-family dwellings (including but not limited to those located in the Creekbridge development) are located south of Boronda Road. Agricultural uses are located to the west, east and north.

Figure 1-4 provides an aerial photograph showing the existing uses on-site and surrounding land uses. Figure 1-5 shows the existing Salinas General Plan land use designations for the site and surrounding areas.

The site and lands to the east and west are currently zoned New Urbanism Interim (NI) with a Specific Plan Overlay district. Lands to the south are zonedResidential Low Density (R-L-5.5) and to the north are unincorporated Monterey County properties zoned F-40 (Farmlands 40 acres minimum, and Residential – Rural Density: 5 Acres + /Units).

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City of Salinas | Final Central Area Specific Plan, November 2020 12 1.6 Planning Background

1.6.1 Sphere of Influence Amendment and Annexation
In 1986, the City of Salinas entered into the Boronda Memorandum of Understanding (MOU) with the County of Monterey. The intent of the MOU was to preserve the best agricultural land which is located to the south and west of Salinas, and to provide certain areas for Salinas’ future growth. This future growth was to be predominantly in a northeasterly direction. The Central Area is located in the central portion of the North of Boronda FGA generally bounded by Natividad Road, Boronda Road, the future extensions of Russell Road and Constitution Boulevard. The 1986 Boronda MOU was replaced by the Greater Salinas Area Memorandum of Understanding in August 2006, adopted jointly by the Salinas City Council and Monterey County Board of Supervisors. The intent of the 2006 Greater Salinas Area MOU was to preserve agricultural lands within Monterey County, provide future growth areas for Salinas, and provide adequate financing for services and facilities for the City and the County’s Greater Salinas Area Plan area.

The City of Salinas submitted an application to Monterey County Local Agency Formation Commission (LAFCO) for annexation of the properties within the North of Boronda FGA in December 2007, which included the properties located in the Central Area Specific Plan project area. LAFCO approved the SOI amendment and annexation of the North of Boronda FGA into the City of Salinas on May 19, 2008. The annexation was formally completed and the property was annexed into the City on September 8, 2008 except for approximately 85.12 gross acres of property located at the northwest portion of the project site (known as the Settrini, Igaz Ranch and Garcia properties), which was excluded from the annexation approval at the request of the property owners.

Monterey County LAFCO considered the following key elements when determining the appropriateness of the proposed annexation:
(1) Will the project entail premature or unnecessary conversion of agricultural land?
(2) Does the City have the ability to provide the area with public utilities and services in an efficient manner?
(3) Will the annexation constitute a logical expansion of the city boundary? and
(4) Will the project provide affordable housing?
The annexation approval included technical studies prepared under the oversight of the City that focused on a plan for services, a fiscal impact evaluation, a municipal services review, various studies, and a water service area plan for the North of Boronda Road FGA.

Introduction
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1.6.2 Specific Plan Initiation
Policy LU-4 of the Salinas General Plan requires new development within Future Growth Areas to prepare Specific Plans prior to any development.

The North of Boronda FGA, as shown Figure 1 3, includes the proposed East Area Specific Plan, the proposed Central Area Specific Plan, the West Area Specific Plan (which was approved by the City in 2019) and the Gateway Center Specific Plan (which was approved by the City in 2011). The processing of the Central Area and West Area Specific Plans and preparation of the related environmental impact reports have been coordinated for consistency. No application has been submitted for the East Area Specific Plan Area as of the writing of this Specific Plan.

City of Salinas | Final Central Area Specific Plan, November 2020 14 1.7 Regulatory Authority and Compliance

1.7.1 Specific Plan Authority
California State law requires cities and counties to prepare a General Plan, which describes what the city or county (and its residents) desire for their community, both now and in the future. General Plans are required to address land use, circulation, housing, conservation, open space, noise, and safety issues.

State law includes provisions for the adoption of specific plans to provide comprehensive guidelines for a more defined and localized area within a jurisdiction’s boundaries. They offer more specific information and guidance than what is available in a General Plan and provide the methods of implementing for the General Plan’s goals and policies.

The Salinas General Plan requires the approval of Specific Plans for all properties located in the Future Growth Areas of the City prior to any development in these areas. The Central Area Specific Plan has been prepared in conformance with this requirement.

The Specific Plan has been prepared consistent with the Specific Plan content and requirements identified in California Government Code, Title VII, Division 1, Chapter 3, Article 8, Sections 65450 through 65457.

Specific Plans are also subject to the requirements of Article VI, Division 15: Specific Plans of the Salinas Zoning Code. According to State law, a Specific Plan must at a minimum, contain the following information:
(a) A text and a diagram or diagrams which specify all the following in detail:
(1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; (2) The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;
(3) Standards and criteria by which development will proceed, and standards for the conservation, development, and
utilization of natural resources, where applicable;
(4) Aprogramofimplementationmeasuresincludingregulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3); and (b) The Specific Plan shall include a statement of the relationship between the Specific Plan and the General Plan.

Introduction
15 The Central Area Specific Plan serves both a planning and regulatory function and implements the Salinas General Plan for the Plan Area.

The Specific Plan may be adopted by Resolution or Ordinance and regulates the types of uses permitted, allowable densities and adopted design guidelines.

The Specific Plan’s overall consistency with the Salinas General Plan and Zoning Code is discussed below and in Appendix C.

1.7.2 Relationship to the Salinas General Plan
The Salinas General Plan serves as the long-term planning guide for the physical, economic, andenvironmental growth of Salinas.The SpecificPlan provides the community vision, land use plan, development regulations, design guidelines, and implementation measures to ensure development is consistent with the goals, objectives, principles, and policies of the Salinas General Plan, as listed below. The principles used in development of the Specific Plan were based upon relevant General Plan goals and policies, and development and design policies related to New Urbanism, which include transect planning, Smart Growth, and Crime Prevention Through Environmental Design (CPTED) and briefly summarized below. • Preserving and minimizing the disruption of agricultural lands and to achieve the other benefits of compact urban design, by requiring new neighborhoods to achieve a minimum average density of nine dwelling units per net residential developable acre, exclusive of open space, parks, schools, streets and other non-developable areas, through a mix of low, medium and high densities in accordance with the requirements of the Specific Plan; • Creating a community in which housing, businesses, parks, schools andother community facilities are within walking distance of each other and pedestrian-friendly through a network of community pathways, thereby reducing traffic congestion, noise, excessive energy consumption, air pollution and the potential for vehicle accidents and/or incidents;
• Creating a community that is visually distinguishable from other communities, with a sense of place and identity for its residents reflective of TND design principles;
• Creating a center that brings together commercial, civic, cultural and recreational uses and serves as a focus for community life; • Providing ample opportunities for outdoor recreation with open spaces, schools and parks fronted by streets or public spaces and not privatized backyards;
• Creating aesthetically attractive, safe, distinctive residential neighborhoods with as many discrete lot sizes and housing types as feasible in the interest of offering a broader range of housing choices and prices. Several lot sizes and housing types within City of Salinas | Final Central Area Specific Plan, November 2020 16 each block shall be encouraged to provide variety and texture within the block as well as through each neighborhood avoiding the clustering of a large group of any single housing type; • Creating a community with a mix of housing, workplaces, retail, commercial services (including a Village Center with a Main Street and mixed use commercial area) and public/semipublic use such as schools and parks/recreation that reflect CPTED design principles and contribute to the overall vitality, safety, image and identity of the City;
• Participating in maintenance assessment districts to fund ongoing operation and maintenance of certain facilities and services within the Plan Area; and
• Creating a plan that is consistent with and substantially advances these and other goals, policies and implementation measures of the Salinas General Plan, including but not limited to those related to land use, transportation and circulation systems, community design, noise, safety, economic development, conservation, housing, etc.

The City of Salinas General Plan Land Use and Circulation Policy Map indicate that the project site is designated for Mixed Use; Residential Low, Medium and High Density; Park, Public/Semipublic and Open Space land uses as shown on Figure 1 5, Existing General Plan Designations. As previously noted, the Future Growth Areas are subject to the adoption of Specific Plans prior to development. On December 14, 2010, the City Council adopted Resolution 19958, clarifying that the Specific Plans will specify the ultimate distribution, location and intensity of land uses in the FGA in accordance with the total development capacities provided under the General Plan for the Future Growth Area. The Resolution further states that the General Plan Land Use Designations shown forland located within the Future Growth Area boundaries are provided for generally illustrative purposes and are subject to adjustment and refinement as part of the Specific Plan approval process. As such, the distribution of the General Plan Land Use Designations for the Central Area Specific Plan (once approved by the City) will be in accordance with Figure 2 1 and the Land Use Density requirements in Chapter 3 of the Plan.

Development of the Specific Plan adheres to the principles of New Urbanism as outlined in the General Plan. The elements of the Specific Plan thatrespond to these principles are outlined in Chapter 2. Consistency with specific General Plan policies is discussed in Chapter 3 and in Appendix C.

Introduction
17 1.7.3 General Plan Residential Density Standards
The General Plan on page CD-27, states that new residential developments shall not achieve the required average density of 9 units per net residential developable acre through an exclusive mix of low density and high density units. On page LU-39, the General Plan requires a minimum and maximum percentage for two specific ranges of densities. The required percentages are as follows: 15% to 25% of the housing units shall fall within the density range of 16-24 units per net residential developable acre and 35% to 45% of the housing units shall fall within the density range of 7-14 units per net residential developable acre.

Sections 3.7 through 3.11 of the Specific Plan identifies the requirements for the minimum required and maximum allowable units per net residential developable acre for each owner in the Central Area in order to achieve the required percentage mix.

A table, breakdown and map of the land uses of individual parcels (Planning Subareas), and the acreages of these Planning Subareas can be found in Appendix G.

1.7.4 Relationship to the Salinas Municipal Code and
Zoning Code
The Salinas Zoning Code (Chapter 37 of the Salinas Municipal Code) regulates the development of properties within the City. Upon approval, the Central Area Specific Plan will be the governing document for development in the central portion of the North of Boronda FGA. The Specific Plan is a tool to implement goals and policies of the General Plan. The Specific Plan embodies the vision and standards found in the City’s New Urbanism District Design Standards of the Zoning Code.

Where inconsistencies between the Zoning Code and Specific Plan occur, the Specific Plan shall prevail except that the Building Code, Fire Code and Stormwater Permit requirements, including NPDES Permit/ Stormwater Development Standards/Stormwater Standard Plans shall not be superseded. The Specific Plan Design Standards and Development Regulations were prepared in accordance with the City’s vision for the Future Growth Area as provided in the General Plan and Article 3, Division 8 of the City Zoning Code and are discussed in Chapters 3 and 4 of this Specific Plan. Where the Specific Plan does not address an issue, the Salinas Municipal Code (including Chapter 37, Zoning) and other existing City regulations shall apply to development proposals and uses within the Specific Plan area. See Section 3.2 for further discussion of this issue.

City of Salinas | Final Central Area Specific Plan, November 2020 18 1.7.5 Compliance with the California Environmental
Quality Act
The Specific Plan is a Project under the California Environmental Quality Act (CEQA) and is subject to environmental review and documentation as specified in CEQA. CEQA requires that the City, as the Lead Agency, disclose and consider the environmental consequences of proposed projects for which they have discretionary authority prior to taking action on approval. CEQA also requires that the City avoid significant environmental impacts wherever feasible and mitigate impacts to lessthan-significant levels wherever feasible. It was determined by the City that an Environmental Impact Report (EIR) is the appropriate document to address the impacts of the Specific Plan. The City directed the preparation of a Central Area Specific Plan Environmental Impact Report (EIR), the certification of which is required prior to approval of the Specific Plan.

The EIR for the Specific Plan was prepared as a Program EIR pursuant to CEQA Guidelines Section 15168.

Though environmental issues are addressed in certain sections of this Specific Plan, readers are directed to the Central Area Specific Plan EIR and supporting documentation for a more thorough evaluation of environmental impacts of Specific Plan implementation. The Central Area Specific Plan EIR, once certified, is intended to serve as the primary environmental clearance document for the subsequent project applications referenced in the Specific Plan. The need for additional sitespecific environmental review, if any, will be determined through one of the processes described in detail in Section 9.6 Environmental Review of the Specific Plan.

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Introduction
19 1.8 Project Applications
Project applications include a Specific Plan, Rezoning and Development Agreement(s). The Settrini, Igaz Ranch and Garcia properties will ultimately require the submittal of applications for Annexation and PreZoning (with the City) and the submittal of an application for Annexation, etc. with LAFCO (prior to development of either of these properties within the City) should they choose to annex to the City. The following is a brief discussion of each application. The applications for Tentative Map/ Vesting Tentative Maps, Parcel Maps and other site-specific entitlements have not been filed at this time. See Chapter 9 for further details on the proposed applications. As previously indicated, an EIR has been prepared and will be certified by the Salinas City Council prior to or concurrent with the approval of the Specific Plan. The following is a brief discussion of each application.

1.8.1 Specific Plan
Because the area is part of the City’s Future Growth area, the General Plan requires that a Specific Plan be adopted for the property prior to allowing any development on the site. A specific plan is a planning and regulatory tool made available to local governments by the State of California (Government Code Section 65450 – 65457) and implemented by the City pursuant to Zoning Code Sections 37-60.1150 – 37-50.1240.

Specific Plans implement a City’s General Plan and must be consistent with the General Plan.

1.8.2 Rezoning
In conjunction with the adoption of the Specific Plan, the site will be rezoned from the New Urbanism Interim (NI) Zoning District with a Specific Plan Overlay to the Zoning District Designations noted on Figure 2 1. Additionally, the Salinas Flood Overlay District will apply to portions of the Plan Area.

1.8.3 Tentative Map/Vesting Tentative Map
Each owner/developer of a subdivision consisting of five or more parcels, or five or more condominium units within the Specific Plan will be required to submit and obtain approval of a Tentative or Vesting Subdivision Map, which conforms to the provisions of Chapter 31 of the Salinas Municipal Code and the Zoning, Density and Design standards reflected in Chapters 3 and 4 of this Specific Plan, prior to any development within the proposed subdivision.

1.8.4 Parcel Map
An initial parcel map may be submitted by a property owner or group of property owners, or developer(s) within the Plan Area in order to subdivide or re-subdivide existing legal parcels for the purpose of adjusting boundaries, creating “master parcels” for development, creating phasing components, or otherwise facilitating the development of the land. Parcel Maps shall be prepared and processed in conformance City of Salinas | Final Central Area Specific Plan, November 2020 20 with Chapter 31 of the Salinas Municipal Code and the Subdivision Map Act. Parcel Maps containing five or more parcels may be utilized if the proposed division meets the standards contained in Chapter 31 of the Salinas Municipal Code.

1.8.5 Development Agreement
A Development Agreement may be proposed by a property owner, developer and/or applicant to guide the Specific Plan through the implementation process. Because the Specific Plan encompasses a number of ownerships, it is possible that there may be multiple Development Agreements entered into in connection with the implementation of the Specific Plan.

Development Agreements are contracts that mitigate the risks inherent in major development projects by locking in existing local ordinances and regulations, and thus creating vested rights to develop a specific project for an extended period of time subject to the terms and conditions specified in the agreement. Development Agreements are authorized by Section 65864 – 65869.5 of the Government Code and Sections 37-60.760 – 37-60.870 of the Salinas Municipal Code. The City is authorized to enter into a development agreement with any person having a legal or equitable interest in real property within the Specific Plan Area. Other Project Application(s)
Individual development projects within the Specific Plan area may also require Administrative Permits, Site Plan Reviews, Conditional Use Permits, Variances or Planned Unit Development Permits. When one or more discretionary actions are required for a single project, all required applications may be filed concurrently. When filed concurrently, the applications will be reviewed and processed concurrently and will be subject to the processing requirements of the application requiring the most stringentreview. See Section 37-60.110 of the Salinas Municipal Code.

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Introduction
21 Figure 1-1: Regional Location Map
City of Salinas | Final Central Area Specific Plan, November 2020 22 Figure 1-2: Project Location Map
Introduction
23 Figure 1-3: North of Boronda Road FGA Composite Map
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25 Introduction
Figure 1-4: Existing Conditions
26 City of Salinas | Final Central Area Specific Plan, November 2020 This page is intentionally left blank.

Introduction
27 Figure 1-5: Existing General Plan Land Use Designations City of Salinas | Final Central Area Specific Plan, November 2020 28 This page is intentionally left blank.
29 Introduction
Figure 1-6: Existing Zoning Map Upon Adoption of Specific Plan 30 City of Salinas | Final Central Area Specific Plan, November 2020 Figure 1-7: Existing Zoning Map Upon Adoption of Specific Plan 31 Final Central Area Specific Plan
November 2020

2. Land Use

2.1 Introduction
This Chapter outlines and discusses the proposed land uses within the CentralArea Specific Plan (CASP) and their consistency with the Salinas General Plan and its vision, goals, policies, and implementationmeasures forthe NorthofBoronda FutureGrowth Area (FGA). Figure 2-1 includes the Specific Plan Land Use Map.

2.2 Overview of Land Use Plan

2.2.1 Goals
In general, the overarching goal of the Specific Plan is to create a new pedestrian-friendly neighborhood based on the design principles of New Urbanism, Crime Prevention Through
Environmental Design (CPTED), Health in all Policies, and Smart Growth which will:
(1) promote the creation of a vibrant, compact, healthy, safe, and sustainable community;
(2) broaden the availability of low, medium and high density housing options and facilitate the development of innovative housing types that meet the diverse needs of residents; (3) provide mixed use commercial and other uses to meet the day-to-day needs of the residents within walking distance of their homes;
32 City of Salinas | Final Central Area Specific Plan, November 2020 (4) promote passive visual surveillance and social interaction through building and site design;
(5) ensuresafecirculationforpedestrians,bicycles,andvehicles throughthe use of off-street pedestrian promenades and paths, reduced pedestrian crossing distances and appropriate traffic calming measures on streets; (6) provide tree-lined green streets that include vegetated curb extensions, sidewalk planters, landscaped medians, parks and open space and other measures to reduce stormwater flow and improve water quality (e.g. permeable paving), reduce urban heating and carbon footprints and beautify neighborhoods;
(7) provide a range of public, recreational, and open space opportunities easily accessible to residents to provide gathering spaces andencourage healthier lifestyle choices;
(8) create a sense of place and unique identity through the use of entry treatments, landscaping, streetscapes, public art, decorative street lighting, pedestrian amenities, and other elements to bolster community pride;
(9) provide public services and infrastructure improvements that meet or exceed City service standards;
(10) conserve, enhance and restore sensitive biological resources; (11) provide housing for families and others with a broad range of income levels from very low to upper income levels; and
(12) Provide very low, low, and moderate-income families/persons with affordable housing options without unduly increasing the price or rent of other housing. This can be accomplished by providing a wide range of densities, housing types, and lot sizes as further discussed in Section 2.7 of the Specific Plan.

2.2.2 Central Area Specific Plan Design Concept
The Central Area Specific Plan was designed using the principles of New Urbanism Traditional Neighborhood Development (TND). The New Urbanism movement began in the 1970s as a response to suburban auto-oriented sprawl. New Urbanism is based on principles of planning and architecture that work together to create human-scale, walkable communities.Theheart of New Urbanismis inthedesignofneighborhoods, which can be defined by the following elements:
• Traditional Neighborhood Structure. The Plan Area has a discernable Village Center, which includes neighborhood shopping and employment opportunities and a quality public realm with community gathering spaces (village greens). Public art or other pedestrianfriendly elements will be an important part of its design. The traditional neighborhood also contains a range of uses and densities within a 5 - to 10 - minute walk to the Village Center.

Land Use
33 • Transect. The Land Use Plan also reflects another important New Urbanism design principle, the transect, where: the highest densities are found at the Village Center and densities progressively reduce, block-by-block towards the edge of the Plan Area.
• Walkability. As mentioned previously, the majority of the residents will be located withina5 to 10 minute walk of the Village Center.

The street design is pedestrian-friendly (buildings close to the street; porches, windows and doors overlooking the detached 5-foot wide sidewalks with 8- foot wide planter strips and tree-lined streets; on street parking; hidden parking lots; garages are encouraged to face onto landscaped alleys placed behind the homes located on somewhat narrower, curved, slower speed streets. See Figure 2-2, Walkability Map for additional details.
• Grid Street System.An interconnected street network disperses traffic and eases walking within the neighborhood. There isa hierarchy of interconnected streets, boulevards, and landscaped alleys.A high-quality pedestrian access network anda well-designed public realm makes walking more pleasurable and safer. No Cul-De-Sacs or looped streets are allowed as they greatly increase the pedestrian and bicyclist travel distance and concentrate high volume traffic onto fewer residential streets.
• Mixed Use and Variety of Uses.A mix of shops, offices, multifamily dwellings (e.g. apartments), and other higher density housing types are centrally located in the Village Center districts, and within the Neighborhood GeneralC districts. This allows fora variety of shops and services within easy walking distance of homes in the Plan Area. • Mix of Housing Types and Lot Sizes. Within the neighborhoods,a variety of housing types, lot sizes andprices are intermixed within each block in these neighborhoods. This will providea variety of housing options to meet the diverse needs and income levels of residents. • Quality Architecture& Urban Design. Neighborhood design places an emphasis on aesthetics, human comfort, and creatinga sense of place with special placement of civic uses, such as schools, libraries, fire stations, parks and open space sites, within the community.

Human scale architecture, pedestrian amenities and safe and accessible surroundings nourish the human spirit.
• Increased Density. The clustering of higher densities, shops, and services closertogetherfor ease of walking enablesa more efficient use of services and resources, and createsa more convenient, enjoyable place to live.
• Pedestrian-friendly Transportation. Pedestrian-friendly site design encouragesagreateruseofbicycles andwalkingasdailytransportation and recreation. The Plan Area also makes public transportation more convenient and accessible by providing bus pullouts with benches 34 City of Salinas | Final Central Area Specific Plan, November 2020 and shelters in close walking distance of homes, businesses, schools, parks, and open spaces. Potential public transit routes are shown on Figure 5 2, Conceptual Public Transit Route Map.
• Sustainability. Promoting a reduced environmental impact by incorporating eco-friendly technologies, energy efficiency, renewable energy sources, onsite water cleansing utilizing parcel based postconstruction Low Impact Development (LID), best management practices (BMPs) to the maximum extent practicable (MEP), reducing stormwater runoff by maximizing infiltration and retention practices and minimizing managed turf areas, restoring the Natividad and Gabilan Creek corridors which run through the project site with a greatly improved and enhanced riparian habitat and promoting walking more and driving less, all are components of a new urbanism sustainable community, which have been incorporated into the Central Area Specific Plan.
• Quality of Life. Taken together, these elements add up to a higher quality of life for residents of the Plan Area and creates a built environment that serves to enrich, uplift, and inspire the human

2.2.3 General Plan Land Use and Zoning Districts
The existing General Plan Land Use Designations (prior to the adoption of the Specific Plan) for the Plan Area are shown in Figure 1 5, Existing General Plan Land Use Designations. The existing zoning (prior to the Remainder of page intentionally left blank
Land Use
35 adoption of the Specific Plan) is New Urbanism Interim (NI) with a Specific Plan Overlay district. As previously discussed in Section 1.7.2 of the Specific Plan, upon the adoption of the Specific Plan, the location, distribution, and intensity of the General Plan Land Use Designations for the Plan Area will be in accordance with .

The site will also be rezoned from New Urbanism Interim (NI) with a Specific Plan Overlay to the zoning designations, which are shown in Figure 1 6, Zoning District Map Upon the Adoption of the Specific Plan.

The exact boundaries of each Zoning District and General Plan Land Use designation may be slightly adjusted as necessary upon the recordation of each final map in the Plan Area subject to the approval of the City Planner and City Engineer. The General Plan Land Use Designation and the corresponding Zoning Districts are further described below:

Table 2-1: General Plan Designations and Corresponding Zoning Districts General Plan Land Use Designation Corresponding Zoning Districts Residential Low Density Neighborhood Edge A and B (NE-A and NE-B)/Low Density Residential*
Residential Medium Density Neighborhood General A and B (NG-A, NG-B and NG-C)/ Medium Density Residential *
Residential High Density Village Center A (VC-A)*/High Density Mixed Use Village Center B (VC-B)*
Open Space Open Space (OS)*
Park Park (P)*
Public/Semipublic Public/Semipublic (PS)*
Notes:
*All Zoning Designations include a Specific Plan Overlay in accordance with the requirements of the General Plan. The Zoning Districts are more fully described in Section 3.

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36 City of Salinas | Final Central Area Specific Plan, November 2020

2.3 Land Use Plan Summary
At build-out, the Plan Area will have approximately 14,353 residents, two elementary schools and one middle school, approximately 44 net acres of parks, a fire station, a library and public utility facilities (electrical substation and water well/pumping facilities) and over 100 net acres of paths, stormwater basins and riparian open space.

Section 3.8 lists the net acreages of the proposed Specific Plan land use districts, the minimum and maximum number of dwelling units and the maximum mixed use square footage permitted in the Specific Plan’s mixed use districts. Table 2 2 summarizes the proposed land uses, acreages, projected number of dwelling units (low, medium, high, and mixed use.) and mixed use commercial square footage.

Table 2-2: Summary Land Use Plan
Land Use Approximate Acreage Project Dwelling Unit/ Mixed Use Commercial Square Feet
NE-A 108.59 652
NE-B 89.33 715
NG-A 56.94 512
NG-B 31.46 315
NG-C 33.23 532 du/95,000 sq.ft.

VC-A and B 44.43 1,185 du/389,800 sq.ft.

Residential and Village Center
Subtotal of Acreage 363.98 Maximum - 3,911 du/489,700 sq.ft.

Elementary School #1 18.00
Elementary School #2 12.00
Middle School 18.00
Neighborhood and Small Parks 44.06
Open Space 104.29
Public Facilities/Utilities 18.65
Circulation/Roadways 181.46
Total 760.44
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Land Use
37 2.4 Land Uses
Figure 2 1, Specific Plan Land Use Map depicts the locations of the proposed land uses in the Plan Area which include: residential land uses consisting of Neighborhood Edge A and B districts (NE-A and NE-B)/ (low density residential), Neighborhood General A and B districts (NGA and NG-B)/(medium density residential), Neighborhood General C district (NG-C)/(medium density residential), the Village Center A district (VC-A)/(high density residential) and Village Center B district (VC-B) (consisting of mixed use commercial, office and higher density residential uses), Parks, Open Space, and Public/Semipublic land uses including three public schools, a library, a fire station, offices, religious assembly and public utility facilities.

These Specific Plan land use areas are further outlined below. The corresponding Zoning Districts for these areas are described in Chapter 3 of the Specific Plan and are subject to the development regulations in Chapter 3 and the design standards in Chapter 4 of the Specific Plan.

Consistency with the minimum and maximum General Plan land use densities and percentages are discussed in Chapter 3. The locations of the proposed land uses are shown in Figure 2 1, Specific Plan Land Use Map and Appendix G.

2.5 Residential Land Use Transect
The average density of each block within residential designated areas gradually increases from the Neighborhood Edge A and B low density areas located predominantly on the edges or open space corridors of the Plan Area through the Neighborhood General A, B and C medium density areas to the Village Center A and B, high density and mixed use areas in accordance with the transect design approach.

2.5.1 Neighborhood Edge A and B Districts – Low Density Residential (NE-A and NE-B)
As noted above, the low density residential areas are generally located along the Plan Area’s boundaries and its open space corridors. These low density areas are zoned Neighborhood Edge A and B (NE-A and NE-B) with a Specific Plan Overlay. The NE-A and NE-B Zoning Districts are further described in Chapters 3 and 4 of the Specific Plan.

The density of the NE-A district ranges from 5 to 6 dwelling units per net residential acre, while the density of the NE-B district ranges from 7 to 8 dwelling units per net residential acre. The two districts together will allow from 1,168 to 1,367 dwelling units. The minimum average density in these two districts combined shall not be less than 6 dwelling units per net residential acre or more than 8 dwelling units per net residential acre without density bonus in accordance with the density requirements of the General Plan.
38 City of Salinas | Final Central Area Specific Plan, November 2020 Lot sizes within the NE-A district will average approximately 8,000 square feet. The lots sizes in the NE-B district will average approximately 6,000 square feet. Allowable types of dwelling units within the NE-A and NE-B districts include single-family detached dwellings and accessory dwelling units and some other compatible uses may be considered, such as religious assembly. Carriage Apartments and other ADUs are encouraged to provide additional housing opportunities and “eyes” on the landscaped alleys located in these districts.

2.5.2 Neighborhood General A and B Districts – Medium
Density Residential (NG-A and NG-B)
The Neighborhood GeneralA and B zoning districts provide medium density residential areas that occur between the Neighborhood Edge (low density) and Village Center (high density and mixed use) areas. The Neighborhood General C is a medium density residential land use that also incorporates some limited neighborhood serving flex use and mixed use commercial as further described below. The density of dwelling units in each block in the Neighborhood General A, B and C areas will gradually increase as one proceeds from adjoining low density Neighborhood Edge districts to the Village Center districts. This mix of housing types and lot sizes will create a diverse livable neighborhood that is both visually and socially stimulating while offering a variety of new homes with a wide range of prices. These Zoning Districts are further described in Chapters 3 and 4.

The densities of the NG-A and NG-B districts range from 8 to 9 dwelling units per net residential acre and 9 to 10 dwelling units per net residential acre, respectively, which together will allow from 739 up to 827 dwelling units.

The minimum average density in these two districts and the Neighborhood General C district combined shall not be less than 9 dwelling units per net residential acre or more than 15 dwelling units per netresidential acre without density bonus in accordance with the requirements of the General Plan.

The types of dwelling units allowed within the NG-A and NG-B districts include courtyard apartments, duplex dwellings, single-family attached dwellings (NG-B), green court dwellings, lane dwellings,row home dwellings (NG-B), single-family detached dwellings and accessory dwelling units.

Carriage Apartments are also encouraged overlooking the landscaped alleys.

2.5.3 Neighborhood General C District – Medium Density
Residential with Limited Flex and Mixed Use (NG-C)
The Neighborhood General C district is located between the NG-A and NG-B districts and the Village CenterA and B districts and includes medium density residential housing and some limited flex and mixed use neighborhood commercial. The NG-C areas are typically located adjacent to or near a park and/or a school. This Zoning District is further described in Chapters 3 and 4.

The density of the NG-C district ranges from 14 to 16 units per net residential acre. As noted above, the minimum average density in these Neighborhood General A, B and C combined shall not be less than 9 dwelling units per Land Use
39 net residential acre or more than 15 dwelling units per net residential acre without density bonus in accordance with the requirements of the General Plan. Neighborhood serving mixed use retail and office uses are limited to a maximum of 2,000 square feet per net acre within this district. This district will allow between 465 and 532 dwelling units and up to 95,000 square feet of mixed use office and retail uses built out with the minimum number of residential units. The maximum Floor Area Ratio (FAR) of residential and mixed use commercial combined in the NG-C is 0.425. See Sections 3.8.4 and

3.8.5 for further discussion of the minimum and maximum number of units and the minimum and maximum FAR allowed in this district.

Housing types within the NG-C district include courtyard apartments, duplex dwellings, multifamily dwellings, single-family attached dwellings, green court dwellings, lane dwellings, row home dwellings, single-family detached dwellings, and accessory dwelling units.

2.5.4 Village Center A and B Districts – High Density
Residential and Mixed Use (VC-A and VC-B)
The Village Center, which consists of the Village Center A and B districts serves as the focal point within the larger community, creating a vibrant gathering place for residents. The Village Center districts encourage mixed use commercial, flex use, medium and high density residential, office, entertainment, recreational and many other uses. Its location in the center of the Specific Plan area promotes alternative travel modes, such as biking and walking, by reducing the need for residents to travel far from home to obtain basic services and reach employment. The Village Center land use area consists of two Zoning Districts: Village Center A (VC-A) with a Specific Plan Overlay and Village Center B (VC-B) with a Specific Plan Overlay. These Zoning Districts are further described in Chapters 3 and 4.

The allowed uses within the Village Center A (VC-A) district include mixed use and flex use buildings, multifamily dwellings, office uses, and (the northernmost) Village Green. The VC-A district has an allowable density ranging from 20 to 23 units per net residential acre and will allow between 492 and 656 dwelling units. Stand alone and mixed use commercial floor area is also allowed in this area adjacent to Boronda Road.

The minimum average density in VC-A district shall not be less than 16 dwelling units per net residential acre or more than 24 dwelling units per net residential acre without density bonus in accordance with the requirements of the General Plan. The maximum Floor Area Ratio (FAR) of residential and mixed use commercial combined in the VC-A is 0.65. See Sections 3.8.4 and

3.8.5 for further discussion of the minimum and maximum number of units and the minimum and maximum FAR allowed in this district.

The Village Center B (VC-B) district provides a central Village Green and a core shopping area located around the Green. This core area will allow retail, office and other resident serving commercial uses on the ground floor of buildings with multifamily residential units and offices are allowed on all floors. One of the goals for encouraging residential uses in the Village Center, 40 City of Salinas | Final Central Area Specific Plan, November 2020 above commercial uses (in a mixed use building), is to provide housing for employees working in the area and provide residents in close proximity to create a vibrant, walkable, and identifiable neighborhood focal point. The VC-B district allows between 410 and 529 dwelling units.

The maximum Floor Area Ratio (FAR) of residential and mixed use commercial combined in the VC-B is 0.85. See Sections 3.8.4 and 3.8.5 for further discussion of the minimum and maximum number of units and the minimum and maximum FAR allowed in this district. Conversion of commercial floor area (square footage) to residential dwelling units is permitted in accordance with subsection 3.8.6 of the Specific Plan.

Chapters 3 and 4 of this Specific Plan provide the developmentregulations and design standards for implementing the VC-A and VC-B Zoning Districts. The developmentregulations and design standards are intended to promote the creation of a thriving Village Center area and to implement many of the key elements of New Urbanism design.

2.6 Public and Semipublic (PS)
The Public and Semipublic land use areas serve the general public and are generally operated and maintained by public or semi-public agencies.

Public and Semipublic land uses within the Specific Plan include three school sites, a fire station site, a public library site, utility facilities and a prominent site reserved for religious assembly or government offices at the intersection of Boronda Road and Constitution Blvd. These areas are zoned Public and Semipublic (PS) and are subject to the requirements of Article III, Division 7 of the Salinas Zoning Code except as otherwise provided for in this Specific Plan.

Public land uses proposed as part of the Specific Plan are designed to serve residents and businesses both within the Plan Area as well as the surrounding area. However, the facilities will be integrated within the overall development of the Plan Area, designed to reinforce its community and pedestrian orientation.

All Public and Semipublic uses will include stormwater infrastructure to treat all stormwater and maximize infiltration before any runoff leaves the site as provided for in Chapter 7, Stormwater and Water Quality Management.

2.6.1 Schools
The Central Area Specific Plan currently falls within three public school districts: Santa Rita Union School District (SRUSD), Alisal Union School District (AUSD) and the Salinas Union High School District (SUHSD).

The City and developers have coordinated with the three school districts throughout the Specific Plan’s planning process to identify each district’s needs in terms of elementary and middle schools. In this regard, three school sites were initially chosen within the Plan Area: one 18 acre elementary/middle school site ( grades K-8th ) within the SRUSD; one 12 acre elementary school site (grades K-6th) within the AUSD; and one 18 Land Use
41 acre middle school site (grades 7th- 8th) within the SUHSD. The 18 acre elementary/middle school site, which is located in the western portion of the Plan Area, is currently located in the SRUSD. As of the date of this Specific Plan,a district boundary adjustment had been initiated between SRUSD, AUSD and SUHSD. If the districts finalize this district boundary adjustment, the SRUSD would relinquish that elementary school site to the AUSD and no longer havea school site in the Plan Area. It is not anticipation that this boundary adjustment would alter the land use plan.

Consultation with applicable school districts shall occur as described in Section 9.3, Project Review Procedures, under Tentative/Vesting Tentative Subdivision Maps, because the demand for new schools will gradually increase over the time period in which buildout of the Specific Plan gradually occurs. Chapter6 of the Specific Plan discusses the school sites and student generation rates for the Plan Area.

Figure2 1, Specific Plan Land Use Map shows the locations of the school sites within the Plan Area. The three school sites comprise approximately

48.0 net acres of land within the Plan Area. TheK– 6th grade elementary school site and the 7th– 8th grade middle school site have both been purchased by the AUSD and the SUHSD, respectively. The SRUSD K-8th grade elementary school site will be reserved for purchase by either SRUSD or AUSD (depending on the outcome of the district boundary adjustment noted above), as applicable, in accordance with the requirements of the Subdivision Map Act.

If the remaining elementary school site is not utilized by the applicable District in the future or if any of the school sites are later resold and not developed as schools, the land will revert to the Neighborhood General-A (NG-A) Zoning District. The alternative use of these school sites, if not required by the School Districts, are those uses allowed within that district. If additional residential uses are proposed in accordance with the NG-A district in lieu ofa school or schools, additional park space based on the additional population will be required. Sucha revision shall be considereda minor revision as described in Section 9.7 of this Plan Area.

The CentralArea Specific Plan includes an interconnected path and bicycle circulation system to create and promotea pedestrian and bicycle-friendly environment. Paved ADA compliant paths (ranging from5 to 12 feet in width) and bike lanes/routes are located throughout the plan to provide pedestrian and bicycle access from residences to the schools, parks, library, and other uses. Traffic calming and other traffic control devices will serve to slow traffic, facilitate street crossing by pedestrians and bicyclist, and promote safe routes to schools.

The northerly and southerly streets/paths and other paths/bicycle lanes and routes will provide pedestrian and bicycle access to each of the school sites across the length of the Plan Area and to the west, east, south and north as well. Additionally, the AUSD elementary school site is located adjacent toa future park, and the middle school is located across the street from the future library that will be located in the Plan Area. 42 City of Salinas | Final Central Area Specific Plan, November 2020 Design Standards and Development Regulations
All school buildings and facilities shall be developed in accordance with the requirements of the Department of State Architect (DSA). The school districts are encouraged to incorporate the New Urbanism design concepts, design standards, and development regulations contained in the Central Area Specific Plan when designing future schools to complement and promote compatibility with surrounding uses in regard to walkability, building orientation (the main entrances of buildings should be designed to abut the street instead of being separated from the street by parking lots), parking locations, and play field orientation. In this regard, City staff has previously worked and coordinated with the SUHSD on the preliminary site design of the new middle school to reflect these design concepts and facilitate student, pedestrian, vehicular and bus access to the new school once it is constructed. Section 4.8 includes further discussion of the school design standards.

2.6.2 Pacific Gas and Electric (PG&E), Cal Water and ALCO Water Sites and Facilities
TheCentralAreaSpecificPlanincludesanexistingPG&Eelectricsubstation, (which is proposed to be expanded), in the north central portion of the Plan Area, near the future extensions of Russell Road and Hemingway Drive. The expanded PG&E substation site will comprise approximately

4.5 net acres of land within the Plan area, plus a 50-foot wide landscaped buffer surrounding the existing and new PG&E facilities as well as the California Water Service (Cal Water) domestic water wells, storage, and water treatment facilities. The other Cal Water well, storage, and water treatment facility is located just west of the proposed AUSD elementary school site on an approximately 0.25 acre site next to a neighborhood park.

See Chapter 6 for additional information on Cal Water.

Alisal Water Corporation (ALCO) anticipates the need for three booster stations located along and within their existing easement for the 30- inch low pressure main, which runs through the center of the project adjacent to the PG&E tower line easement. See Chapter 6 for additional information on ALCO.

All Cal Water and ALCO water wells, storage, water treatment and above ground conveyance facilities (booster/pumping stations) and other related facilities within the Specific Plan area will be designed to blend with adjacent uses through the use of design elements such as architectural features, landscaping, and decorative masonry screen walls. In this regard, the Cal Water well, storage, and water treatment facilities and any above ground conveyance facility (ALCO booster stations) will require the City’s approval of a Conditional Use Permit (CUP) for each facility prior to construction. This CUP process will include, but not be limited to the review and approval of details for the decorative screening (8-foot minimum masonry or as required by the City Planner) walls, landscaping, noise attenuation, use of hazardous materials, if any, and drainage details (including water flows in the event of the malfunction of the applicable Land Use
43 facility) and other architectural features incorporated into the design of the facility to ensure compatibility with the surrounding development.

Minimum required setbacks will be maintained between infiltration features/practices andwaterwells inaccordancewiththeCity’sStormwater Development Standards (SWDS). The expansion of the P G & E Substation will also require the approval of a CUP by the City and incorporation of the above noted landscape buffer, decorative masonry screen walls and other architectural features as required by the City Planner.

2.6.3 Public Library
The Land Use Plan includes a two net acre site for a new library. This site will accommodate a 22,500 square-foot library with on-site parking. The new library will be located along the southerly greenway street adjacent to and between the Village Center and the Salinas Union High School District Middle School site in the Plan Area. See Chapter 8 for additional details on this facility.

2.6.4 Fire Station
A two net acre fire station site is included at the northeast corner of Natividad Road and the southerly greenway street. See Chapter 8 for additional details on this facility.

2.6.5 Parks (P) and Open Space (OS) Land Uses
Approximately 148 net acres of land are dedicated to public parks and open space uses within the Plan Area. These areas are designated as the Parks (P) Zoning District (approximately 44 net acres) or Open Space (OS) Zoning District (approximately 104 net acres), as applicable and are subject to the requirements of Article III, Divisions 6 and 7, of the Zoning Code respectively, except as otherwise provided for in the Central Area Specific Plan.

The diversity of park types and open space provides a full range of recreational areas and green spaces to be enjoyed by the future residents and the surrounding community. See Figure 4 1, Conceptual Park Map and Table 4 1, Park Summary for the location of the proposed parks and open space areas. As noted previously, a total of approximately 44 net acres of public parks are provided in the Specific Plan to meet the General Plan requirement of 3 acres of developed parkland per 1,000 residents assuming buildout with 3.67 people per dwelling unit. The public parks will consist of seven (7) neighborhood parks (3.0 acres or more) with sport fields and tot lots and ten (10) small parks, many with ball courts and tot lots. Neighborhood Parks are three to five+ acres in size, and small parks are one-half acre to two acres in size. The size and type of each park is shown on Table 4 1. The design standards for the Plan Area’s parks and open space areas are described in Chapter 4.0. Included within the Plan Area are a wide variety of park and open space types and sizes, ranging from large open space areas along the creek corridors to small parks, neighborhood parks, play fields, tot lots and public garden areas.

The Specific Plan includes parks
and open spaces for recreational
activities.
44 City of Salinas | Final Central Area Specific Plan, November 2020 All the public parks will be dedicated to the City and will be maintained through a Landscaping and Lighting Maintenance District (LLMD) assessed to future property owners in the Plan Area. Financing of parks is discussed in Chapter 8.

2.6.6 Open Space Linkages
Open Space land uses in the Plan Area include Natividad Creek, which is located in the eastern portion of the Plan Area, and Gabilan Creek, which is located in the western portion. A carefully planned park, open space, drainage, and supplemental detention and retention system, that improves the existing topographic and biologic features of both creek corridors, will provide the Plan Area with a unique open space network of both passive and active recreation and natural outdoor education areas.

The proposed open space system creates one of the binding elements of the Plan Area. This system includes a 5-foot wide (12-foot wide along tower line) north/south Class 1 pedestrian/bicycle paths located along Natividad Creek, Gabilan Creek and the PG&E Tower line, together with a strategically located east/west 12-foot wide Class 1 pedestrian/bicycle paths along the north side ofthe southerly greenway street, which transects the entire Plan Area. In addition, a five mile long 28-foot wide promenade with an 8-foot wide sidewalk, with a 10-foot wide planter strip on both sides of the sidewalk, plus a 6-foot wide on-street bike lane will encircle the outside of the entire Central Area along all abutting major streets.

These paths provide an extensive network of linkages between parks, creek corridors, schools, shopping, library, fire station and dwellings throughout the Plan Area. The paths will ultimately connect directly to similar paths in the adjacent Specific Plan areas to the east and west and to the existing neighborhoods located to the south at Constitution Blvd. In addition, the natural drainage tributaries of Natividad Creek and Gabilan Creek, are envisioned to be set aside and enhanced as natural ecological and recreational elements in the project’s extensive open space system.

2.6.7 Internal Parks and Green Spaces
Individual larger residential projects within the Plan Area will design and provide private green spaces, tot lots, play areas, courts, gardens, sitting/strolling areas, entry features and other landscape elements within their property. Because each of the public parks and green spaces within neighborhoods will be located and designed as visual and functional focal points within the neighborhood, the parks and open space systems will greatly enhance the visual nature and quality of life for the residents.

Community centers, neighborhood recreation buildings, neighborhood monuments, public art and other appropriate park-oriented structures are permitted and encouraged within the parks.

2.6.8 Focal Parks and Open Space Areas
Incorporation of dramatic sightlines, viewsheds and focal points throughout the community is a critical component of the Central Area Examples of Open Spaces
Land Use
45 Specific Plan in keeping with New Urbanism site planning design.

Elements such as connecting road alignments, open space corridors, park locations/shapes and the geometrics of the physical layout have all been orchestrated to reinforce a dramatic “sense of place” and pedestrian connectivity within this new community. The three major focal elements of the park and open space system are the Village Center Greens, the Natividad and Gabilan Creek corridors, and the path system.

Village Greens
A Village Green will be placed at the intersection of Hemingway Drive and the southerly greenway street and at the north end of the Village Center Main Street. The vision for the two Village Greens is to provide community focal point for gathering and activities of all kinds. The Village Greens have been laid out and designed with formal sightlines, pathways, and tree groupings, with opportunities for distinctive civic and community art. The major backbone roads lead to the Village Greens. A variety of elements that attract residents and visitors will be provided in the Village Centerthat will subsequently stimulate activity and community interaction along the Village Center core. See Figure 4 1, Conceptual Park Map for the Village Green locations.

Natividad and Gabilan Creek Corridors
Quality of life in the Plan Area will be enhanced by opportunities for access to and appreciation for natural environments. The natural drainage tributaries of Natividad Creek and Gabilan Creek running north to south through the Plan Area currently exist as agricultural ditches for most of their lengths. These corridors shall be greatly enlarged, restored and improved to add aesthetic, ecological, recreational and stormwater retention and detention (riparian areas) and infiltration enhancement to the local setting and provide new open space and pathway linkages to the various land uses in the Plan area. Picnic areas, exercise circuits, game tables and other activity nodes may be included in these corridors where they cross the southerly and northerly greenway streets as well as along other parts of the pedestrian/bike path system. As these areas are planned, consultation with qualified biotic and ecological experts will be required to ensure the proper balance between habitat creation/protection and recreation design. See Section 2.9.2 Sensitive Species and Habitats Resources for further discussion of this issue.

2.6.9 Pedestrian/Bike Path Promenades
There are Pedestrian/Bike paths and promenades provided throughout the Specific Plan area. Figure 2-1 shows the location of the proposed promenades within the Specific Plan. All of these will have paved allweather ADA compliant hard surfaces.

The pedestrian/bike promenade system provides an important recreation amenity and provides connections to anywhere in the Plan Area, which reduces the need for automobile use. The promenade system connects the creek corridors, parks, schools, library, and Village Center throughout the Example of a Pedestrian/
Bike Path
46 City of Salinas | Final Central Area Specific Plan, November 2020 entire Plan Area. Closely spaced (30 to 40 feet on center) large species shade trees on both sides of the promenades will shade the paths and streets and provide a comfortable, aesthetic amenity to the community.

Southerly Greenway
The southerly greenway path (located on the north side of the southerly greenway street) will span the entire length of the Plan Area running from Natividad Road to Constitution Boulevard. Ultimately, this path will also extend into the adopted West Area Specific Plan and the future East Area Specific Plan located to the west and east of the Plan Area. This path (except as described in the Village Center and along the frontage of the middle school) shall be improved with an 8-foot landscape planter as measured from curb face, a 12-foot, shared-use, paved all-weather (ADAcompliant) sidewalk and an 8-foot landscape easement from the back edge of the sidewalk. The easement may be located within the 12-foot minimum building setback area. No fences or buildings may be located within the landscape easement and no buildings may be located within the building setback.

The portion of the southerly greenway path located between Hemingway Drive and the library site will consist of an 18-foot shared-use, paved, all-weather, ADA-compliant path/sidewalk. To promote pedestrian circulation and prevent interruptions along the length of the southerly greenway and northerly greenway paths, no front-loaded garages or private driveway access shall be permitted to cross either of these paths except within the Village Center. In this regard, in the Village Center, two driveways will be permitted: one between Hemingway Drive and the library site and one (for student drop/bus access) on the middle school site. Access to common alleyways (across these paths) may be allowed in other limited locations as approved by the City Engineer. Appropriate striping, signage and design will be utilized to ensure safety of path users.

The southerly greenway street and path will have special treatments that include custom decorative street lighting, street furniture (such as benches, trash receptacles), and way-finding directional signage. These special treatments are to be consistent along this greenway segment as it extends through the Plan Area.

Perimeter Path
The Perimeter Path will be constructed around the entire five-mile (26,000 feet) perimeter of the Plan Area along Boronda Road, Natividad Road, Russell Road, Old Stage Road and Constitution Boulevard. This path will also act as a buffer between the residential uses on the south side of Russell Road and the agricultural uses to the north side of Russell Road and Old Stage Road. This path will be a minimum 28-feet wide and have a 10-foot wide park strip on both sides of an 8-foot wide concrete path (sidewalk) with closely spaced (30-feet to 40-feet on center) large specimen trees on both sides of the sidewalk. The adjoining arterial streets will provide a 6-foot wide on-street dedicated bike path.

Land Use
47 Tower Line Path
The Tower Line Path will be constructed along the 0.5 mile (2,500 feet) PG&E tower line within the Plan Area and will connect across Boronda Road at Hemingway Drive to an existing Tower Line Path developed south of Boronda Road. This path currently extends all the way to Laurel Drive.

This path will provide connections to Creekbridge Village, Carr Lake and Central Salinas to the south. The Tower Line Path will be a minimum of 28-feet wide and will have an 8-foot wide landscaped park strip on both sides of the 12- foot wide (Class 1) pedestrian/bike concrete path. The tower line easement will be fully landscaped except where approved by the City Planner to accommodate the path and other improvements as proposed in the Specific Plan.

Northerly Greenway
A fourth path, the northerly greenway, will be constructed along the south side of the 1.8 mile (9,700 feet) northerly greenway street and will extend the length of the northern portion of the Plan Area. Ultimately, this path will also extend into the adopted West Area Specific Plan and future East Area Specific Plan. The northern greenway will be a minimum 23-feet wide and will have an 8-foot wide park strip between the curb and the 7 - foot wide sidewalk with an 8–foot wide landscape easement within a 12-feet wide building setback to the adjoining homes. The northerly greenway street/path will have same decorative lighting as used on the southerly greenway path/street.

Limited Driveway Interruptions
To promote pedestrian circulation along these paths, no front-loaded garages or private driveway access shall be permitted to cross either the northerly or southerly greenway path except as provided for in the Village Center and on the middle school site. In this regard, within the Village Center, one driveway will be permitted to cross the southerly greenway path between Hemingway Drive and the library site. Additionally, one common driveway (for student drop-off/bus access) will be permitted to cross the southerly greenway path on the middle school site. Access to common alleyways may be permitted to cross these two paths in limited locations subject to the approval of the City Engineer.

All homes facing Boronda Road, Constitution Boulevard, Russell Road and Natividad Road, shall either face onto a frontage road and shall access off an alley or back up to these roads. In no case will individual or other driveways or alleys be allowed access to these arterial roads.

Wide Paths/Sidewalks and Park Strips
In addition to the promenades and paths previously described above, paved all-weather ADA compliant paths (sidewalks) 5-foot wide (with 8-foot wide landscaped park strips between the face of curb and sidewalk shall also be provided throughout the Plan Area.
48 City of Salinas | Final Central Area Specific Plan, November 2020

2.7 Inclusionary Housing
The City of Salinas has an inclusionary housing ordinance (Ordinance No. 2594; herein also referred to as “the Ordinance”) to ensure that all new residential developments (as applicable) in the City of Salinas include housing affordable to a range of income levels. Specifically, the Ordinance sets forth the requirements for project proponents to fulfill the requirement for median-, moderate-, low- and very low-income housing as well as workforce housing. The Central Area Specific Plan will comply with the requirements of the Ordinance that is in effect at the time of the approval of the Specific Plan, unless otherwise provided for in the Development Agreement.

The Plan Area is currently under multiple ownerships and development will likely be phased over 20-30 years. Due to the ownership distribution, the anticipated life of the project, and the variety of options provided in the Inclusionary Housing Ordinance, multiple Affordable Housing Plans will likely be required. Additionally, in accordance with the Ordinance, if the applicant chooses to pay rental housing impact fees and/or forsale housing in-lieu fees to meet the requirements of the Ordinance, no Affordable Housing Plan is required. All residential development in the Plan Area shall be subject to the Inclusionary Housing Ordinance, regardless of the number of units proposed within an individual planning permit application. Inclusionary housing requirements are further discussed in the Affordable Housing Component for the Central Area Specific Plan as contained in Appendix I of the Specific Plan.

2.8 Density Bonus
Density bonus units are dwelling units approved in a residential development pursuant to California Government Code Section 65915 (or by City Density Bonus Ordinance) that are in excess of the maximum allowable residential density otherwise permitted by the Salinas General Plan, Zoning Code or Central Area Specific Plan. All density bonus units shall be subject to the provisions of Section 37-50.060 of the Salinas Zoning Code, City Density Bonus as may be amended.

2.9 Resource Management and Conservation
Sensitive resources identified within the Specific Plan area include agricultural resources and potential biological and cultural resources. See Section 1.5.2 Existing Conditions, Project Setting and Surrounding Land Uses for further discussion of the agricultural and potential biological and cultural resources.

Section 2.9 also identifies conservation measures to protect natural resources including energy and water. Additional information, details and mitigation measures are discussed in the Central Area Specific Plan EIR as well as the Mitigation Monitoring and Reporting Program (MMRP), included herein as Appendix D.

Land Use
49 2.9.1 Agricultural Resources
The agricultural lands located within the PlanArea are primarily cultivated farmland and grazing lands. The land is considered prime farmland or farmlandof statewide importance.The loss ofthis farmland waspreviously addressed as part of the Environmental Impact Report prepared and certified for the Salinas General Plan and the Salinas City Council adopted findings of overriding consideration in this regard. Agricultural resource mitigation is discussed in Section 9.5 of the Specific Plan.

2.9.2 Sensitive Species and Habitats Resources
Natividad Creek has been converted from a natural seasonal creek to an agricultural drainage ditch, and most of the native flora and fauna has been removed as a result of decades of agricultural practices. Gabilan Creek has also been degraded overtime as a result of agricultural practices.

The Specific Plan proposes to use year-round runoff, vegetation and retention areas to create a restored riparian corridor for both Gabilan and Natividad Creeks. The total riparian area created within the Plan area will be approximately 30 acres for Gabilan Creek and 74 acres for Natividad Creek. Any proposed alteration or improvement of these creek corridors may require the approval by the Central Coast Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corp of Engineers, Monterey County Water Resources Agency (MCWRA), US Fish and Wildlife Service, Federal Emergency Management Agency (FEMA) (potentially) and the City of Salinas.

Several special-status wildlife species are known to occur in the vicinity of the Plan Area. A portion of the Plan Area is located within the Natividad Creek Corridor and Gabilan Creek Corridor (as indicated on Figure COS4, Vegetative Communities of the General Plan) as having the potential for certain special status species. A prior biotic study was conducted in 2005 which identified an Oak Woodlands along the Gabilan Creek as well as some native grasslands. The value of these habitats has been diminished due to the fragmented and isolated nature of the stand and other factors.

To ensure no significant adverse impacts to these resources, a subsequent biotic study was performed as part of the California Environmental Quality Act (CEQA) analysis for the Central Ara Specific Plan. Additional information, details and mitigation measures are discussed in the Central Area Specific Plan EIR as well as the Mitigation Monitoring and Reporting Program, included herein in Appendix D.

2.9.3 Cultural Resources
Searches for historic, archaeological, and paleontological records, including records documenting NativeAmerican artifacts, did not identify any historic or prehistoric artifacts or assets within the Plan area. Since the area is located near and within two creek corridors as indicated on Figure COS-4, Vegetation Communities of the General Plan, there is always the potential presence of prehistoric artifacts or paleontological assets that may have been deposited in the area. As part of the CEQA analysis for the Specific Plan, a study was conducted to determine if significant 50 City of Salinas | Final Central Area Specific Plan, November 2020 archaeological or paleontological resources are potentially present and if the project will significantly impact these resources.Additional information, details and mitigation measures addressing these resources are discussed in the Central Area Specific Plan EIR as well as the Mitigation Monitoring and Reporting Program, included herein in Appendix D.

2.9.4 Sustainable Community Strategies
Sustainable communities thatincorporate theprinciples of smart growth and greenbuilding technologies better serve theneeds anddesires of bothtoday’s residents and future residents. The Central Area Specific Plan responds to these principles in a number of ways as discussed below. The Specific Plan also recognizes the importance of an economically viable community, which provides the means to implement and maintain sustainability and fosters opportunities for residents to establish, maintain and advance themselves financially. Sustainability is defined by the American Planning Association as “the capacity to equitably meet the vital human needs of the present without compromising the ability of future generations to meet their own needs, by preserving and protecting the area’s ecosystems and natural resources.” The ecological and energy conscious objective of sustainability can be implemented in such a way as to foster a more livable community.

In its “Policy Guide on Planning for Sustainability,” the American Planning Association identifies four objectives for sustainability:

Objective 1: Reduce residents’ and workers’ dependence on fossil fuels and other non-renewable natural resources.

The Central Area Specific Plan meets this objective through:
• Provision of jobs, schools, retail, parks and play fields in proximity to housing, minimizing the need to drive.
• Provision of a mix of community uses within walking and biking distance of each other.
• A pedestrian/bike promenade system that encourages the use of nonmotorized modes of transportation. • Creation of pedestrian-scaled and pedestrian-friendly streets and public spaces.
• Provision of opportunities for employment including homebased occupations. • Landscape and park elements that utilize native and drought tolerant vegetation wherever appropriate and use water-efficient landscape/ irrigation technologies.
• The use of energy efficient light, such as Light Emitting Diode (LED) fixtures throughout the site design.
• Convenient bus routes and stops so that 90% of the residents will be within a 5- minute walk of a bus stop (assuming Monterey Salinas Land Use
51 Transit is able to provide a bus route along the southerly greenway street and other streets in the Plan Area). This will provide access to both local and regional serving destinations.

Objective 2: Reduce residents’ and businesses’ dependence on chemicals and other manufactured substances that can accumulate in nature.

Central Area Specific Plan meets this objective through:
• Creation of large native landscape areas that minimize the use of water, fertilizers, pesticides, and herbicides.
• Provision of proper disposal and recycling programs and facilities for demolition and construction waste.
• Disposal of all stormwater runoff into parcel/site based SCMs to the maximum extent practicable (MEP). Use of low impact development (LID) design assists to clean the water, recharge the aquifer, and not increase peak flow runoff.

Objective 3: Reduce residents’, businesses’, and development’s encroachment upon the natural environment.

The Central Area Specific Plan meets this objective through:
• Provision of low-flow water fixtures and water conserving irrigation systems.
• Cleaning and retention of stormwater through use of parcel/site and creek side based post construction best management practices (PCBMPs) to the maximum extent practicable (MEP) for infiltration that restores the quality of on-site runoff and retains and/or infiltrates the runoff to pre -development levels.
• Reduction of impervious paving surfaces through narrow streets and use of pervious/permeable pavements/pavers wherever feasible. • Creation of a green space network within the community. • Incorporation of native and drought tolerant landscaping in compliance with the City’s Water Efficient Landscape Ordinance and other City ordinances (Water Conservation Ordinance) consistent with State Law. • Any proposed alteration and/or improvement of the Natividad Creek and Gabilan Creek corridors will require the approval of the Central Coast Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corp of Engineers, MCWRA, US Fish and Wildlife Service, FEMA (potentially) and the City of Salinas. • To ensure no significant adverse impacts to sensitive species or habitat resources, a biotic study will be performed as part of the CEQA analysis for the Specific Plan.
52 City of Salinas | Final Central Area Specific Plan, November 2020 Objective 4: Meet human needs fairly and efficiently.

The Central Area Specific Plan meets this objective through:
• Provision of a wide range of lots, housing sizes, housing types and price points.
• Location of housing near services, employment centers and recreational opportunities; balancing housing with jobs to a reasonable degree.
• Provision of access to alternatives modes of transportation within easy walking distance homes, schools, parks and businesses.

Economic sustainability will come from the development of a community that creates a variety of jobs and tax revenue sources. Retail and service jobs in the retail areas provide for both entry-level and management jobs, which enable those businesses to generate significant amounts of sales tax and property tax revenues to support various governmental operations. The office uses will provide opportunities for professionals to work within walking distance of their homes.

Creative implementation of the sustainability principles listed above will create a community within the Plan Area where the mix of land uses are amenities for each other, as well as for the overall community of Salinas.

These livability design aspects include:
• Creating a unique sense of community and place.
• Providing a mix of land uses within each neighborhood. • Utilizing narrow, curvilinear streets which emphasize and protect pedestrians and bicyclists, and traffic calming elements such as roundabouts, traffic circles and bulb out curbs which make the circulation experience pleasant, safer, and less intrusive to residents and visitors.
• Linking homes and places of work through the provision of an extensive pedestrian and bicycle pathway system and transit connections within walking distance.
• Providing shopping, employment, and recreational opportunities within a 5 to 10 minute walk reducing dependence on the automobile. • Clustering of retail, service and high-density housing uses within easy walking distance of planned transit facilities.
• Providing a wide range of housing types and sizes (e.g. from large Victorian style homes to apartments) in order to meet the diverse needs and income levels of residents.

Land Use
53 2.10 Implementation Measures
The following goals and policies were developed for the Central Area Specific Plan and are based on the Salinas General Plan. See Appendix C for a General Plan Consistency compendium.

Goal1:Diverselandusepatternsresponsivetothephysicalcharacteristics of the land, as well as to environmental, economic, and social concerns of the residents of the City of Salinas.

LU Policy 1-1: Designate land to provide a mix of residential uses and product types, commercial uses that support residential development, office uses, and recreation and open space amenities to meet the needs of residents.

1. The Central Area Specific Plan, once adopted by the City, will regulate the future development of lands located within the Plan Area.

2. Developers shall implement projects consistent with the land use plan, Zoning District designations, the Land Use Classifications and Development Regulations (Chapter 3) and Design Standards (Chapter 4), and other applicable provisions of the Central Area Specific Plan and City regulations. Modifications to the land uses or development regulations identified in the Specific Plan shall be subject to review and approval by the City in accordance with Section 9.7 of the Specific Plan.

3. Developers shall each submit a tentative map(s) for their areas of control which are consistent with the Specific Plan.

4. Developers shall provide a variety of housing products on large to small lots as well as other attached and multifamily in accordance with the Central Area Specific Plan.

LU Policy 1-2: Provide mixed and flex use service, retail, professional office, and residential uses within the two Village Center Zoning Districts and the NG-C Zoning District. The intent of the mixed use and flex use development is to create retail, office, and residential uses for the Specific Plan area.

1. Applications for development within the VC and NG-C Zoning Districts shall be consistent with Chapter 3.0, Development Regulations and Chapter 4.0, Design Standards and other applicable provisions of the Central Area Specific Plan and City regulations.

Each application shall be subject to review and approval by the City Planner and other applicable regulations of the Central Area Specific Plan and Salinas Zoning Code.
54 City of Salinas | Final Central Area Specific Plan, November 2020 Goal 2: A coordinated system of open space, parks, and recreational amenities to meet the needs of the Plan Area residents and their visitors.

LU Policy 2-1: Provide neighborhoods and parks with appropriate facilities within each neighborhood in the Plan Area.

1. The land for neighborhood parks, small parks, play fields, tot lots and open space within the Plan Area, consistent with the Land Use Zoning Map and Parks in Chapter 4, shall be designated on the Tentative Maps. Improvement plans for parks and trail systems within each phase shall be prepared by the developer and approved by the City except as otherwise provided in the Specific Plan.

Goal 3: Essential public services to meet the needs of future residents LU Policy 3-1: Reserve land for the applicable school district to expand educational opportunities commensurate with needs generated by buildout of the Specific Plan area.

1. The Developer has previously sold 12 net acres of land for a future elementary school to Alisal Union Elementary School District and 18 net acres for a future middle school to the Salinas Union High School District. In addition, 18 net acres will be reserved for the Santa Rita Union School District or the Alisal Union School District (as applicable, based on the outcome of the district boundary adjustment between the two school districts) for the construction of a second elementary school, a portion of which is on the Christensen property and a portion on the Igaz Ranch property. The unpurchased school site shall be reserved as provided for with agreement with the City or applicable School District or as otherwise provided in the Subdivision Map Act. The alternative use of the school sites, if not required by the School Districts are the uses allowed within the Neighborhood General-A (NG-A) zone.

2. Each individual project applicant shall pay school impact fees to the Alisal Union School District and/or the Santa Rita Union School District as applicable and to the Salinas Union High School District, consistent with the adopted school fee programs. Fees shall be paid prior to issuance of building permit for each residential unit or commercial or industrial building or as otherwise required through agreement with the applicable School District.

LU Policy 3-2: Reserve 6.95 net acres of land for PG&E, as shown on the Land Use Plan to purchase (at market value) for expansion of gas and electric utility services and to buffer land uses adjacent to the substation in the Plan Area.

1. The property owner shall reserve approximately 6.95 acres of land for five years from the date of approval of the Tentative Map containing said parcel/property or as otherwise required by the Subdivision Map Act or agreement with PG&E for the expansion and buffer of the PG&E substation in the north central portion of the Plan Area.

Land Use
55 2. The proposed expansion of the PG&E sub-station will require the City’s approval of a Conditional Use Permit and environmental review in accordance with the CEQA prior to construction. Screening and a landscape buffer will be required in accordance with the requirements of the Specific Plan.

LU Policy 3-3: Reserve appropriate land for wells, storage, booster/ pump stations and water treatment facilities for Cal Water and/or ALCO, as applicable.

1. The property owner shall reserve the applicable land acreage for five years from the date of approval of the Tentative Map containing said parcel/property or easement as otherwise required by the Subdivision Map Act or agreement with the applicable water district for domestic water needs.

2. The proposed wells, storage, booster/pump stations and water treatmentfacilitieswaterwillbesubjecttotheapprovalofaConditional Use Permit by the City. This approval process will include details on the decorative screening walls, landscaping, noise attenuation, use of hazardous materials, if any and drainage details (including water flows in the event of the malfunction of the well or treatment facility) to ensure compatibility with surrounding development.

Goal 4: Promote green building techniques in order to promote sustainability.

LU Policy 4-1: Create buildings that are more energy and water efficient and healthier than those generally built in the past.

1. The individual developers shall incorporate energy and water saving techniques into the design and construction of the homes and commercial buildings they build. These techniques may include, at a minimum, the following, within the single-family detached homes: (a) recirculating hot water systems; (b) high efficiency dish washers; (c) formaldehyde-free insulation; (d) low Volatile Organic Compounds (VOC) paints, and (e) othertechnologies and efficiencies that may evolve.

2. Each development in the Specific Plan area will be required to meet any and all requirements of the California Building Code, including CALGreen, which are in effect on the date of permit submittal.

Goal 5: Conservation of agricultural, cultural, and natural resources, and preservation of sensitive habitat and aesthetic value.

LU Policy 5-1: Protect special status species and their habitat within the Plan Area in accordance with federal and State regulatory requirements.

1. The individual developers shall comply with mitigation measures adopted as part of the Mitigation Monitoring and Reporting Program 56 City of Salinas | Final Central Area Specific Plan, November 2020 (MMRP) for the project’s Environmental Impact Report (EIR) regarding the protection of special status species and their habitats.

2. Construct the Plan Area at or above the required minimum average residential density of 9 units per net residential developable acre to efficiently utilize the land and delay the need for the conversion of more agriculture land for urban uses and comply with General Plan requirements.

LU Policy 5-2: Protect sensitive vegetative communities, including creek riparian habitat.

1. The individual developers shall prepare a Biological Mitigation Monitoring Plan integrated with the MMRP to preserve and protect sensitive vegetative communities from degradation, particularly creek riparian habitat. The individual developers shall mitigate the loss of sensitive habitat as outlined in the EIR prepared for the Central Area Specific Plan.

2. Development of parks/open space areas shall provide native vegetation, as appropriate and shall not include species listed on the California Invasive Plant Inventory (Cal-IPC 2006).

3. Maintain the 300-foot wide creek corridors as open space in accordance with the requirements of the Salinas General Plan. Any proposed alteration of the Creek Corridors will require the approval of the Central Coast Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corp of Engineers, MCWRA, US Fish and Wildlife Service, FEMA (potentially) and the City of Salinas. All river corridors and other open space areas will be maintained through a LLMD established for the Central Area Specific Plan.

LU Policy 5-3: Protect agricultural resources adjacent to the northern boundary of the Plan area.

1. The Natividad Road, Salinas, LLC, Settrini and Igaz Ranch properties lie on both sides ofthe future extension ofRussellRoad.These property owners shall buffer their residential uses located along the south side of Russell Road from the continuing agricultural uses on their lands on the north side of Russell Road by dedicating a temporary 200-foot wide buffer along the northerly boundary between the front of the homes on the south side of Russel Road and the agricultural uses on the north side of Russell Road and shall not access their farm lands from Russell Road unless dirt/mud mitigation features are provided and approved by the City Engineer. This requirement shall apply to these properties upon annexation into the City.

2. The 200-foot wide temporary buffer shall include a temporary easement to the City over the 30 - foot front set back of the homes on the south side of Russell Road (open porches may intrude up to 12-feet into this temporary buffer), and shall also include the future right-of- Land Use
57 way for Russell Road and 32-feet of the land north of the future Russell Road right-of-way, for a total of 200 feet. The temporary 200-foot wide easement shall prohibit agricultural operations within the easement and the City shall record a termination of said easement when the land on the north side of Russell Road is approved for development.

This requirement shall apply to these properties upon annexation into the City.

3. Inaccordance with SalinasMunicipal Code (SMC)Article V,Division1, Section 37-50.220, a deed restriction notifying any purchaser, property owner, or tenants of the adjoining property owner’s right to farm the adjacent property to the north of the Plan Area shall be prepared by the adjacent developer and shall be approved by the City Planner. The deed shall be filed by the City Plannerforrecordation by the Monterey County Recorder’s Office prior to the issuance of the first building permit for the lots abutting the easement. The deed restriction shall be removed by the City recording a notice of termination at such time as the adjacent properties to the north are approved for development and are no longer being used for farming as determined by the City.

This requirement shall apply to these properties upon annexation into City limits.

All development shall comply with the requirements of the Section 9.5, Agricultural Land Preservation of the Specific Plan.

LU Policy 5-4: Protect significant historical, cultural, and archaeological resourcesthatmaybeaccidentallyuncoveredduringconstructionactivities.

1. The individual developers shall comply with the mitigation presented in the Specific Plan EIR regarding historical, archaeological, and cultural resources.

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59 Land Use
Figure 2-1: Specific Plan Land Use Map
60 City of Salinas | Final Central Area Specific Plan, November 2020 Figure 2-2: Walkability Map
61 Final Central Area Specific Plan
November 2020

3. Use Classifications
and Development
Regulations

3.1 Introduction
The Use Classifications and Development Regulations are organized to meet the objectives described in Chapter 1, Introduction, of this Specific Plan. The goal of Chapter 3 is to provide a set of rules which will guide the development of a new pedestrian-friendly neighborhood based on New Urbanism principles. It is anticipated that the successful completion of this development will broaden the availability and range of housing options in the City, provide neighborhood-serving services forthe day-to-day needs of the residents within walking distance of their homes, and ensure conservation of sensitive biological resources.

Chapter 3 provides the Use Classifications and Development Regulations for the Plan Area and an explanation of their consistency with the General Plan vision for the Future Growth Area. The Use Classifications and Development Regulations in Chapter 3 and the Design Standards contained in Chapter 4 shall be used to guide the development within each Zoning District in the Plan Area.
62 City of Salinas | Final Central Area Specific Plan, November 2020

3.2 Purpose and intent
The purpose of these Land Use Classifications and Development Regulations is to regulate and accommodate the types of buildings, structures, and improvements typical of a compact New Urbanism community and achieve the following goals of this Specific Plan:
a. Promote the principles of New Urbanism through the creation of identifiable neighborhoods that have the characteristics of a Traditional Neighborhood Development (TND);
b. Ensure the development of a phased, employment-generating, pedestrian-sensitive, yet automobile-accommodating community which contains a range of residential housing types, mixed use buildings and commercial uses;
c. Provide for a number of design, development, and infrastructure features indicative of self-reliant neighborhoods, including, but not limited to:
(i) multi-purpose safer streets linking residential areas with the Village Center, neighborhood activities, commercial services and with multimodal transportation choices; (ii) quality and craftsmanship in the built environment; (iii) a lively mix of neighborhood shopping and community services; (iv) an advantageous and sensitive use of natural resource features and open space; and (v) innovative and imaginative site planning in order to develop a sense of place where the amenities, facilities, and features all exhibit an overall high level of urban design; d. Ensure the creation of walkable neighborhoods with a mixed use Village Center embedded in a network of schools, civic amenities, parks, and open space;
e. Provide a circulation system that avoids significant pedestrian barriers and replaces the standard collector street with more frequent and less congested local streets. The proposed circulation system establishes a traditionalgridcirculationsystemthatoffersavarietyof circulationoptions and allows multiple connections from neighborhood to neighborhood.

The combination of such a circulation system with design standards that ensure bicycle and pedestrian-friendly neighborhoods with a defined Village Center is intended to result in a pattern of development which enhances the City; and
f. Promote vital and safe residential and mixed-use areas through the incorporation of Crime Prevention Through Environmental Design (CPTED) features in development.

In order to achieve the goal of providing homes for families and others with a broad range of incomes, the Specific Plan encourages a mix of lot sizes on each block and an organized transition (transect) from the low residential densities (large lots and large homes) in the Zoning Districts located at the edges and along the open space corridors, to the gradually increasing medium density residential districts to the high density residential located in the Village Center.

Use Classifications and Development Regulations
63 3.3 Applicability
The requirements of Chapters 3 and 4 of the Central Area Specific Plan, Table 3 1, Use Classifications, Table 3 2, Development Regulations, and Table 3 3, Useable Open Space Standards, shall supersede the requirements in the Salinas Zoning Code Division 8, New Urbanism (NU) Districts Regulations, where there are conflicts. Where there are no conflicts with the Specific Plan, the requirements of the Salinas Zoning Code Division 8, shall apply to land located in the Central Area Specific Plan. If an issue is not addressed in the Specific Plan or Zoning Code, the Zoning District regulations having the most similar characteristics to that of the applicable lot and the proposed use in the Plan Area shall be applied as determined by the City Planner.

All terms, unless otherwise defined in this Plan, shall be in accordance with definitions provided in the Salinas Zoning Code.

3.4 Zoning Districts
The Central Area Specific Plan establishes seven transect New Urbanism Zoning Districts, all of which allow residential uses and three of which also allow mixed use commercial and flex use (see Table 3 1 for the Use Classifications). The minimum and maximum allowable average densities for each Zoning District are established in Table 3 2. The Use Classifications and Development Regulations contained in this Chapter, combined with the Design Standards contained in Chapter 4, will produce neighborhoods characterized by the principles of New Urbanism. The Zoning Districts are described below.

3.4.1 Neighborhood Edge A (NE-A)
This district provides areas for a mix of lot sizes for larger detached singlefamily dwellings. The minimum average residential density within this classification shall not be less than 5 dwelling units per net residential acre or more than 6 dwelling units per net residential acre.

3.4.2 The Neighborhood Edge B (NE-B)
This district provides areas for a broader mix of lot sizes for detached single-family dwellings. The minimum average residential density within this classification shall not be less than 7 dwelling units per net residential acre or more than 8 than dwelling units per net residential acre.

3.4.3 Neighborhood General A (NG-A)
This district provides areas for a mix of lot sizes for detached single-family dwellings, duplex dwellings, green court dwellings, lane homes and courtyard apartments. The minimum average residential density within this classification shall not be less than 8 dwelling units per net residential acre or more than 9 dwelling units per net residential acre. 64 City of Salinas | Final Central Area Specific Plan, November 2020

3.4.4 Neighborhood General B (NG-B)
This district provides areas for a mix of lot sizes for single-family detached and attached dwellings, lane homes and green court dwellings, duplex dwellings, townhouses, small lot dwellings, and courtyard apartments.

The minimum average residential density within this classification shall not be less than 9 dwelling units per net residential acre or more than 10 dwelling units per net residential acre.

3.4.5 Neighborhood General C (NG-C)
This district provides areas for a mix of lot sizes for single-family detached dwellings, duplex dwellings, lane homes and green court dwellings, row home dwellings and. It also allows courtyard apartments and other single-family attached dwelling units, multifamily dwellings and some flex use and mixed use buildings for small scale retail and office use with residential dwellings above, on parcels greater than three acres.

The minimum average residential density within the classification shall not be less than 14 dwelling units per net residential acre or more than 16 dwelling units per net residential acre, and the maximum floor area ratio (FAR) shall not exceed 0.425 for the combination of residential and commercial uses within this zone.

3.4.6 Village Center A (VC-A)
This district provides areas for flex use and mixed use buildings, standalone retail and office uses, some single-family attached dwellings, multifamily projects such as apartments/condominiums, lane and green court homes, townhouses, row homes and other single-family attached dwellings. The VC-A district must incorporate, but every building in a block need not incorporate, residential uses. The minimum average residential density within this classification shall not be less than 18 dwelling units per net residential acre or more than 24 dwelling units per net residential acre. The maximum floor area ratio (FAR) shall not exceed

0.65 for the combination of residential and commercial uses shown within this district.

3.4.7 Village Center B (VC-B)
This district provides areas for flex use and mixed use buildings, retail and office uses, multifamily projects, and public and semipublic facilities generally sited along the Main Street and around the southernmost Village Green. The VC-B district must incorporate, but every building in a block need not incorporate, residential uses. The minimum average residential density within this classification shall not be less than 24 dwelling units per net residential acre or more than 31 dwelling units per net residential acre. The maximum floor area ratio (FAR) shall not exceed 0.85 for the commercial uses shown within this district. A building within the VC-B district may contain 0 to 40 dwelling units per net acre.

Use Classifications and Development Regulations
65 3.4.8 Parks (P) and Open Space (OS) Districts
The Salinas Zoning Code, Article III, Division 6 requirements shall apply to the Central Area Specific Plan Parks (P) and Open Space (OS) Districts.

3.4.9 Public/Semipublic (PS) District
The Salinas Zoning Code, Article III, Division 7 requirements shall apply to the Central Area Specific Plan Public/ Semipublic (PS) District.

3.4.10 Specific Plan Overlay District
A Specific Plan (SP) Overlay District shall apply to all Zoning Districts in the Central Area Specific Plan.

3.4.11 Flood Overlay District
A Flood (F) Overlay District shall be combined with any of the abovereferenced zoning districts where the land is located within the one hundred year flood boundary designated by the Federal Emergency Management Agency (FEMA) as shown on the flood insurance rate maps (FIRM), as amended. This Overlay district shall be in accordance with the requirements of Division 1, Article 4 of the Salinas Zoning Code.

3.5 Use Classifications and Development
Regulations
Table 3 1 Use Classifications, Table 3 2 Development Regulations and Table 3 3 Useable Open Space Standards shall apply to properties located in the Neighborhood Edge (NE-A and NE-B), Neighborhood General (NG-A, NG-B and NG-C) and Village Center (VC-A and VC-B) districts as provided below.

Salinas Zoning Code Article III, Division 6 applies to the Central Area Specific Plan’s Parks (P) and Open Space (OS) Districts. Salinas Zoning Code Article III, Division 7 applies to the Central Area Specific Plan’s Public/Semipublic (PS) District.

Table 3-1: Use Classifications
Land Use Classification NE-A NE-B NG-A NG-B NG-C VC-A VC-B Residential Uses - Note (37)
Day Care Homes, Family - Large
(7 or more) - Notes (1), (2) P P P P P P P
Day Care Homes, Family - Small
(6 or less) - Note (2) P P P P P P P
Home Occupations - Note (4) P P P P P P P
Interim Housing - Note (3) NP NP NP NP SPR SPR SPR
Manufactured Housing P P P CUP CUP NP NP
Mobile home Park NP NP CUP CUP CUP NP NP
Multiple Detached Dwellings NP NP SPR SPR SPR CUP CUP
Residential Care Facilities – Large CUP CUP CUP CUP CUP CUP CUP 66 City of Salinas | Final Central Area Specific Plan, November 2020 Land Use Classification NE-A NE-B NG-A NG-B NG-C VC-A VC-B Residential Care Facilities –
Small Note (5) P P P P P CUP CUP
Residential Service Facilities -
Note (3) NP NP NP NP CUP CUP CUP
Single Room Occupancies -
Note (7) NP NP NP NP CUP CUP CUP
Courtyard Apartments - Note (35) NP NP SPR SPR SPR NP NP Duplex Dwellings NP NP SPR SPR SPR NP NP
Multifamily Dwellings NP NP NP NP SPR SPR SPR
Custom Detached/Attached Dwellings SPR/

NP SPR/NP SPR/NP SPR/SPR
SPR/

SPR NP/SPR NP/SPR
Mixed Use and Flex Use
Mixed Use Buildings -
Notes (8), (9), (15), (31), (39) NP NP NP NP CUP SPR SPR Flex Use Buildings -
Notes (8), (9), (15), (31), (39) NP NP NP NP CUP SPR SPR Single-Family Dwellings
Single-Family Attached Dwellings NP NP P SPR SPR SPR NP Green Court Dwellings - Note (24) NP NP P P P NP NP
Lane Dwellings - Note (24) NP NP P P P NP NP
Row Home Detached Dwellings -
Note (24) NP NP P P P NP NP
Accessory Dwelling Units
(Carriage Apartments) -
Notes (6), (24)

P P P P P NP NP
Single-Family Detached
Dwellings P P P P P NP NP
Public and Semipublic Uses
Clubs and Lodges - Note (18) CUP CUP CUP CUP CUP CUP CUP Convalescent Hospitals/
Nursing Homes NP NP NP NP CUP CUP CUP
Cultural Institutions NP NP NP NP CUP SPR SPR
Day Care Centers NP NP NP NP SPR SPR SPR
Government Offices/Library NP NP NP NP SPR SPR SPR
Hospitals NP NP CUP CUP CUP SPR SPR
Mural Exhibits - Note (16) SPR SPR SPR SPR SPR SPR SPR
Park and Recreation Facilities SPR SPR SPR SPR SPR SPR SPR Parking Lots and Structures -
Note (21) NP NP NP NP CUP CUP CUP
Public Safety Facilities CUP CUP SPR SPR SPR CUP CUP
Public Utility Service Yards NP NP NP NP NP NP NP
Religious Assembly CUP CUP CUP CUP CUP CUP CUP
Schools - Public NA NA NA NA NA NA NA
Use Classifications and Development Regulations
67 Land Use Classification NE-A NE-B NG-A NG-B NG-C VC-A VC-B School - Private CUP CUP CUP CUP CUP CUP CUP
Schools - Trade - Notes (10), (34) NP NP NP NP NP CUP CUP Telecommunication Facilities -
Major Notes (19), (32) NP NP CUP CUP CUP CUP CUP
Telecommunication Facilities -
Minor Note (19), (32) P P P P P P P
Utilities - Major - Notes (26), (32) NP NP NP NP NP NP NP Retail and Office Uses (Note 41)
Adult Entertainment Facilities -
Note (27) NP NP NP NP NP NP NP
Ambulance Services - Note (38) NP NP NP NP NP CUP CUP
Animal Boarding - Note (38) NP NP NP NP NP CUP CUP
Animal Grooming NP NP NP NP NP SPR SPR
Animal Hospitals NP NP NP NP NP CUP CUP
Animal Retail Sales NP NP NP NP NP SPR SPR
Antique and Collectible Shops NP NP NP NP NP SPR SPR
Artists’ Studios NP NP NP NP SPR SPR SPR
Automated Teller Machines
(ATM’s) Indoor - Note (28) NP NP NP NP SPR SPR SPR
Automated Teller Machines
(ATMs) Outdoor - Note (25) NP NP NP NP SPR SPR SPR
Bakeries - Retail NP NP NP NP SPR SPR SPR
Bakeries - Wholesale NP NP NP NP NP NP NP
Bars - Note (18) NP NP NP NP NP CUP CUP
Bed and Breakfast NP NP NP NP CUP CUP CUP
Building Materials and Services -
Note (38) NP NP NP NP NP NP CUP
Catering Services -
Notes (18) (22) NP NP NP NP SPR SPR SPR
Commercial Filming NP NP NP NP NP CUP CUP
Commercial Recreation and
Entertainment - Notes (9), (18) NP NP NP NP NP CUP CUP
Convenience Stores Without Gas
Pumps - Notes (10), (18),
(25), (38)

NP NP NP NP CUP SPR SPR
Convenience Stores with
Gas Pumps - Notes (10), (11),
(18), (23), (25), (33) and (38)

NP NP NP NP NP CUP NP
Entertainment, Live (Excluding
Adult Entertainment) - Note (15) NP NP NP NP NP CUP CUP Equipment Sales, Services,
and Rentals NP NP NP NP NP NP NP
Financial Services -
Notes (25), (28) NP NP NP NP NP SPR SPR
Food and Beverage Sales -
Notes (18), (25), (40) NP NP NP NP CUP SPR SPR
68 City of Salinas | Final Central Area Specific Plan, November 2020 Land Use Classification NE-A NE-B NG-A NG-B NG-C VC-A VC-B Fortunetelling NP NP NP NP NP NP CUP
Funeral Services - Note (17) NP NP NP NP NP NP CUP
Hotels and Motels - Note (7) NP NP NP NP NP NP CUP
Extended Stay Hotels and
Motels - Note (7) NP NP NP NP NP CUP CUP
Kiosks - Permanent - Note (36) NP NP NP NP CUP CUP CUP
Kiosks - Temporary or
Semi-permanent - Note (36) NP NP NP NP CUP CUP CUP
Laboratories NP NP NP NP NP SPR SPR
Laundries – Limited NP NP NP NP CUP SPR SPR
Laundries - Unlimited NP NP NP NP NP CUP NP
Live-work Units – Note (20) NP NP NP NP CUP SPR SPR
Maintenance and Repair
Services - Major NP NP NP NP NP NP NP
Maintenance and Repair
Services - Minor - Notes (10), (38) NP NP NP NP NP SPR SPR Marine Sales and Services NP NP NP NP NP NP NP
Nurseries - Notes (10), (29), (38) NP NP NP NP NP CUP CUP Office - Business and
Professional NP NP NP NP CUP SPR SPR
Office - Medical and Dental NP NP NP NP CUP SPR SPR
Pawn Shops NP NP NP NP NP NP NP
Personal Improvement Services NP NP NP NP CUP SPR SPR
Personal Services NP NP NP NP CUP SPR SPR
Pharmacy - Note (25) NP NP NP NP CUP SPR SPR
Printing and Publishing – Limited NP NP NP NP CUP SPR SPR Printing and Publishing –
Unlimited NP NP NP NP NP NP NP
Recreational Vehicle Parks NP NP NP NP NP NP NP
Recycling Facilities See Zoning Code Section 37-50.210
Restaurants Without drivethrough or drive-in facilities - Note (18)

NP NP NP NP CUP SPR SPR
Restaurants With drivethrough or drive-in facilities - Notes (18), (25), (38)

NP NP NP NP NP CUP NP
Retail Sales Without drivethrough or drive-in facilities - Note (18)

NP NP NP NP CUP SPR SPR
Retail Sales With drivethrough or drive-in facilities - Note (38)

NP NP NP NP NP CUP NP
Secondhand or Consignment Stores NP NP NP NP NP NP CUP
Service Stations - Notes (10), (11), (38) NP NP NP NP NP CUP NP Use Classifications and Development Regulations
69 Land Use Classification NE-A NE-B NG-A NG-B NG-C VC-A VC-B Shopping Centers Without
gas stations - Notes (10), (18),
(23), (38)

NP NP NP NP NP SPR NP
Shopping Centers With
gas stations - Notes (10), (11),
(18),(38)

NP NP NP NP NP CUP NP
Speculative Buildings - Note (12) NP NP NP NP NP SPR SPR Tattoo and/or Body Piercing
Parlors NP NP NP NP NP NP NP
Vehicle Repair Facilities -
Major - Note (38) NP NP NP NP NP NP NP
Vehicle Repair Facilities -
Minor Note (38) NP NP NP NP NP CUP NP
Vehicle Related Retail Sales
and Services NP NP NP NP NP CUP NP
Vehicle Storage NP NP NP NP NP NP NP
Vehicle Washing -
Notes (10), (11), (25), (33), (38) NP NP NP NP NP CUP NP Warehousing and Storage –
Limited NP NP NP NP NP NP NP
Wholesale Distribution NP NP NP NP NP NP NP
Industrial Uses
Industrial Complexes NP NP NP NP NP NP NP
Industry – limited NP NP NP NP NP NP NP
Accessory Uses and Structures - Note (13)
Animals-Domestic - Note (30) P P P P P P P
Utilities-Minor - Note (32) P P P P P P P
Temporary Uses - Note (14) TULP TULP TULP TULP TULP TULP TULP Nonconforming Uses and Structures
See Section 37-50.160: Non-conforming uses and structures, in the Salinas Zoning Code P = Permitted Use
NP = Not Permitted Use
CUP = Conditional Use Permit Required
SPR = Site Plan Review Required
TULP = Temporary Use of Land Permit Required
CASP = Central Area Specific Plan
“See Section 37-xx.xxx”, refers to the adopted 2006 Salinas Zoning Code at the time of the project review, included as Appendix S of this Specific Plan.
(1) See Section 37-50.120: Large Family Day Care Homes. (2) Small and Large Family Day Care Homes are permitted uses in all districts when the principle use is a residential dwelling unit. (3) In the VC and NG-C districts, residential service facilities and interim housing serving six or fewer people are allowed with a SPR or as otherwise provided by state law. Such facilities shall be designed to accommodate a group living environment. (4) See Section 37-50.100: Home Occupations. In all districts, home occupations are permitted uses when the principal use is a residential dwelling unit.
(5) Small residential care facilities (6 or fewer patients) are a permitted use when the principal use is a residential dwelling unit or as otherwise provided by state law.
(6) See Section 37-50.250: Accessory Dwelling Units of the Salinas Zoning Code. A Carriage Apartment shall be considered an Accessory Dwelling Unit. See Table 3-2 of this Specific Plan, Carriage Apartments, Footnote (4) for further requirements applicable to Carriage Apartments.
(7) See Section 37-50.270: Single Room Occupancy (SRO) housing. 70 City of Salinas | Final Central Area Specific Plan, November 2020 (8) Commercial uses in Mixed Use and Flex Use buildings are subject to the approval of a SPR in both VC districts and may be considered in the NG-C district subject to approval of a CUP. The following additional requirements shall apply:
a. Mixed use and flex use floor area may be provided on the first floor of any building in the VC-A and VC-B zones, and if occupied with a non-residential use shall qualify as acceptable space to meet the Note 8b requirements below. b. A minimum of 600 lineal feet of the first floor frontage of the buildings (described in Note 8a above) shall be restricted to nonresidential uses. c. The 600 lineal foot frontage requirement of non-residential uses (described in Note 8b above) shall not restrict the approval of or the allowed uses in the buildings (described in Note 8a above) until such time that the frontage remaining to be permitted (described in Note 8a above) is equal to the required 600 lineal feet of non-residential uses, minus the frontages (described in Note 8a above) already rented to non-residential uses.
d. The ground floor Flex Use spaces (described in Note 8a above) may change from residential to non-residential uses and back to a residential use upon the City Planner’s approval of a SPR authorizing the change. However, a minimum of 600 lineal feet of the approximately 1,800 lineal feet of frontage (described in Note 8a above) shall be offered for rent exclusively to and occupied by nonresidential uses. e. The requirement for a minimum of 600 lineal feet of frontage of non-residential occupancies on the first floor of the buildings (described in Note 8a above) may be reduced subject to the approval of a Minor Revision of this Specific Plan in accordance with Section 9.7 of this Specific Plan where the applicant has demonstrated to satisfaction of the City Planner that sufficient reasonable efforts were made to rent the space to non-residential uses and that insufficient tenants were secured to the fill the required 600 lineal feet of frontage.
f. The first floor of Flex Use buildings must have a minimum of 14 feet between the first floor and the second floor plate of the building. g. Flex Use buildings may have residential and/or non-residential uses located on any floor of the building. h. The conversion of residential uses to non-residential uses, or vice versa, in a Flex Use building, is subject to approval of a SPR in the VC districts and a CUP in the NG-C district unless otherwise approved by the City Planner as provided for in Note 8(d) above. i. The first floor façade of Flex Use buildings must be designed and engineered to allow the provision of shop doors, display windows and signage spaces above the first floor doors and windows to accommodate non-residential uses. (9) Commercial recreation and entertainment uses less than two thousand square feet in floor area and fitness center uses less than five thousand square feet are permitted with a SPR in the VC-B district and on planning sub area 176 as shown in Appendix G. (10) See Section 37-50.170: Outdoor Storage and Display. (11) See Section 37-50.260: Service Stations, Vehicle Repair, and Vehicle Washing. (12) See Section 37-50.280: Speculative Buildings.
(13) Accessory Uses and Structures will require approval of a SPR or a CUP, if a SPR or CUP is required for the principal use. (14) See Section 37-50.300: Temporary Use of Land.
(15) A Live Entertainment Permit shall be issued for live entertainment uses in the VC districts in accordance with Section 37-60.490: Minor Conditional Use Permit - Live Entertainment Permit.
(16) See Section 37-50.150: Mural Exhibits.
(17) Funeral services with crematories shall be subject to approval of a CUP. (18) See Section 37-50.030: Alcohol License Review.
(19) See Section 37-50.290: Telecommunications Facilities: Only stealth telecommunication facilities shall be allowed in the Plan Area except as otherwise mandated by federal law.
(20) See Section 37-50.130: Live-Work Units: Live-work units may only be located in the NG-C and Village Center districts. (21) Does not apply to the parking required to serve the use. It shall apply only to stand-alone parking facilities. (22) Catering is only permitted as an accessory use to a restaurant in the VC-A, VC-B and NG-C districts. The overnight outdoor parking or outdoor storage of catering vehicles in the Plan Area is prohibited. (23) Convenience stores with gas pumps (including sales, display, storage, restrooms, etc.) are limited to a maximum of 2,500 square feet of gross floor area and are allowed only in the VC-A district adjacent to E. Boronda Road. (24) See Appendix B, Definitions and Chapter 4 of this Specific Plan for a description of this use. (25) Drive-through and drive-in uses shall not be permitted except as otherwise provided for in this section subject to approval of a CUP. In this regard, a maximum of two drive-through food/drink uses, one drive-through pharmacy use, one drive-through bank use and one other drive-through use will be permitted in the VC-A district adjacent to E. Boronda Road (Planning Subarea 176 as shown in Appendix G) subject to the approval of a CUP as noted previously.
(26) The expansion of the PG& E substations, water wells, water storage, water treatment and above ground conveyance facilities (e.g. booster and pumping stations), drainage, and flood control facilities may be permitted with the approval of a CUP as provided below. All utilities shall comply with the City’s current NPDES permit. a. Expansion of the PG&E substation near Hemingway Drive and Russell Road is permitted subject to approval of a CUP, provided a 50- foot wide landscape easement surrounds the existing and new facilities on all sides. The Landscape Easement shall be planted with evergreen shrubs which a landscape architect certifies will grow to a height of 8-feet or more and evergreen trees which a landscape architect certifies will grow to 70-feet or more. The shrubs must be planted along all of a screen wall (masonry) at 5-foot spacing and the trees must be planted 15-feet on center side to side and front to back and said landscaping shall be maintained in good health by a LLMD and replaced as needed by a LLMD, all at PG&E’s expense. The expansion of the P G & Substation will require the incorporation of the above noted landscape buffer, decorative masonry screen walls and other architectural features as required by the City Planner to ensure the facility complements the adjacent uses. b. All Cal Water and ALCO water wells, water storage, water treatment and above ground conveyance facilities (e.g. booster and pumping stations) within the Specific Plan area will be designed to blend with adjacent uses through the use of elements such as architectural features, landscaping, and decorative masonry screen walls. In this regard, the Cal Water well, storage, and water treatment facilities and any above ground conveyance facility (ALCO booster stations) will require the City’s approval of a CUP for each facility prior to construction. This CUP process will include the review and approval of details on the decorative masonry (minimum 8 feet in height) screen walls, landscaping, noise attenuation, use of hazardous materials, if any, and drainage details (including water flows in the event of the malfunction of the well or treatment facility) and other architectural features to blend with and ensure compatibility with surrounding development. Minimum required setbacks will be maintained between infiltration features/ practices and water wells in accordance with the City’s Stormwater Development Standards (SWDS), stated on page 22, Table 1 of the City of Salinas SWDS.
(27) See Section 37-50.020: Adult entertainment facilities are not permitted in the Plan Area. Adult bookstores shall be subject to the same supplemental regulations applicable to adult entertainment facilities. (28) ATM facilities that are located entirely within a building shall be a permitted use in the NG-C and both VC districts. (29) Nursery uses are only permitted as an accessory use in the VC-A district on Planning Subareas adjacent to E. Boronda Road. (30) See Salinas Zoning Code for regulations applicable to domestic animals or animal-keeping. (31) In Mixed Use and Flex Use Buildings, which allow residential uses, vehicle-related uses including repair, sales, service, storage, and washing; animal sales and services; maintenance and repair services; pawn shops; tattoo and/or body piercing parlors, industrial uses and other uses deemed inappropriate or incompatible by the City Planner with the residential uses in the same building shall not be allowable uses. In Mixed Use and Flex Use buildings allowing residential uses, commercial uses shall be limited to retail, restaurants, offices, services, and similar pedestrian-oriented uses, which are deemed by the City Planner to be compatible with the residential uses located in the same building.

Use Classifications and Development Regulations
71 (32) Utilities shall not unreasonably interfere with the use, enjoyment, or aesthetics of adjacent uses. (33) Vehicle washing and vehicle repair may be considered as an accessory use to a service station use only in the VC-A district adjacent to E. Boronda Road, subject to the approval of a CUP.
(34) Truck and heavy equipment driving schools shall not be permitted in the Plan Area. (35) See Appendix B, Definitions and Chapter 4 of this Specific Plan for a description of the Courtyard Apartment. (36) Permanent and temporary kiosks that are designed and included as part of a larger development review application for another use (such as a shopping center, retail, or restaurant use) shall be subject to the same development review process as required for that use. Kiosks along the streets in the two VC Districts and in the NG-C district are permitted subject to approval of a CUP. (37) Dwellings located along the south side of the northerly greenway and the north side of the southerly greenway streets shall front onto these streets and shall not have driveways, which access on to or off of these streets. Alley entrances serving dwellings abutting these streets shall not access the northerly and southerly greenway streets. (38) Notated uses may only be placed in the VC-A District adjacent to E. Boronda Road. See Section 4.3.4 (a) of this Specific Plan. (39) Only Flex Use Space is allowed on the first floor of buildings which front on the street in VC districts and the east side of the southernmost Village Green. No drive-through lanes, gas pumps or car wash facilities may be permitted in these areas. (40) A site for a potential full service anchor grocery store has been identified in the Village Center (planning subarea 176) near the northeast corner of Boronda Road and Hemingway Drive. A maximum of one anchor full service grocery store or a similar size anchor store is permitted within the Plan Area and it must be located in the Village Center on planning subarea 176. A full size grocery store typically has approximately 55,000 square feet of floor area. Regional-serving “big box” retail uses are prohibited in the Plan Area.

Table 3-2: Development Regulations
Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B Minimum Average
D/U Per Net Acre Per Block
Per Zone – Note 23
Residential 5 7 8 9 14 18 24
Maximum Average
D/U Per Net Acre Per Block
Per Zone – Note 23
Residential 6 8 9 10 16 24 31
Minimum Lot Size and
Area per Dwelling Unit –
Notes 22 and 23
Residential and
Non-residential - - - - - - -
Maximum Floor Area Per
Net Acre (FAR) Non-residential - - - - 0.42 0.65 0.85
Minimum Lot Frontage (Feet) Residential 35 35 25 25 25 25 25 Minimum Lot Width (Feet) Courtyard
Apartments NP NP 130 130 130 NP NP
Interior Lots Duplex Dwellings NP NP 55 55 55 NP NP
Lane Home &
Green Court
Dwellings
NP NP 30 30 30 NP NP
Mixed & Flex
Use Buildings NP NP NP NP 130 130 130
Multifamily
Dwellings NP NP NP NP 130 130 130
Other Uses 130 130 130 130 130 130 130
Row Home
Dwellings NP NP 25 25 25 NP NP
Single-family
Dwellings –
Attached
NP NP 25 25 25 25 NP
Notes (1), (2), (3), (8)
Single-family
Dwellings –
Detached
50 45 40 35 30 NP NP
72 City of Salinas | Final Central Area Specific Plan, November 2020 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B Minimum Lot Width (Feet) Courtyard
Apartments Not permitted on corner lots
Corner Lots Duplex Dwellings NP NP 60 60 60 NP NP
Lane Home &
Green Court
Dwellings
NP NP 35 35 35 NP NP
Mixed & Flex
Use Buildings NP NP NP NP 130 130 130
Multifamily
Dwellings NP NP NP NP 130 130 130
Other Uses 130 130 130 130 130 130 130
Row Home
Dwellings NP NP NP 30 30 30 NP
Single-family
Dwellings –
Attached
NP NP NP 30 30 30 NP
Notes (1) and, (2), (3), (8)
Single-family
DwellingsDetached55 50 45 40 35 NP NP
Minimum Lot Depth (Feet) -
Notes (3), (8) and (10)
Courtyard
Apartments NP NP 120 115 120 120 NP
Duplex Dwellings NP NP 120 120 120 NP NP
Lane Home &
Green Court
Dwellings
NP NP 95 95 95 NP NP
Mixed & Flex
Use Buildings NP NP NP NP 120 120 120
Multifamily
Dwellings NP NP NP NP 120 120 120
Other Uses 130 125 120 120 120 120 120
Row Home
Dwellings NP NP 120 115 120 120 NP
Single-family
Dwellings -
Attached
NP NP NP 115 115 115 NP
Single-family
Dwellings -
Detached
130 125 120 120 120 NP NP
Minimum Front
Yard Setback (Feet)
Courtyard
Apartments NP NP 20 15 10 0 NP
If alley loaded garage. Duplex Dwellings NP NP 20 15 10 NP NP Lane Home &
Green Court
Dwellings
NP NP 5 5 5 NP NP
Mixed & Flex
Use Buildings NP NP NP NP 0 0 0
Multifamily
Dwellings NP NP NP NP 0 0 0
Other Uses 30 25 20 15 10 0 0
Row Home
Dwellings NP NP 15 10 5 5 NP
Use Classifications and Development Regulations
73 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B Single-family
Dwellings -
Attached
NP NP NP 15 10 0 NP
Notes - (3), (10), (20)
Single-family
Dwellings -
Detached
30 25 20 15 10 NP NP
Minimum Side
Yard Setback (Feet)
Courtyard
Apartments NP NP 5 5 5 5 NP
Interior Lots Duplex Dwellings NP NP 5 5 5 NP NP
Lane Home &
Green Court
Dwellings
NP NP 5 5 5 NP NP
Mixed & Flex
Use Buildings NP NP NP NP 0 0 0
Multifamily
Dwellings NP NP NP NP 0 0 0
Other Uses NP NP 5 5 5 5 5
Row Home
Dwellings NP NP NP 1.5 1.5 1.5 NP
Single-family
Dwellings -
Attached
NP NP NP 0 0 0 NP
Notes - (2),(3), (6), and (20)
Single-family
Dwellings -
Detached
5 5 5 5 5 NP NP
Minimum Side Yard Setback
(Feet) Street Side of
Corner Lots
Courtyard
Apartments Not permitted on corner lots
If alley loaded garage. Duplex Dwellings NP NP 10 10 10 NP NP Lane Home &
Green Court
Dwellings
NP NP 10 10 10 5 NP
Mixed & Flex
Use Buildings NP NP NP NP 0 0 0
Multifamily
Dwellings NP NP NP NP 0 0 0
Other Uses 10 10 10 10 0 0 0
Row Home
Dwellings NP NP NP 10 10 5 NP
Single-family
Dwellings -
Attached
NP NP NP 10 10 5 NP
Notes - (3), (16), (15)
Single-family
Dwellings -
Detached
10 10 10 10 10 NP NP
Maximum Allowable
Impervious Coverage
(Percentage of Site) - Note (10)
Site Coverage 45% 50% 55% 60% 65% 95% 98%
74 City of Salinas | Final Central Area Specific Plan, November 2020 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B Maximum Height in Habitable
Stories – Note (14), (24) All 2 2 3 3 3 4 5
Alley Loaded Garage
Setback from Center
of Alley - Note (3)
All 15 feet
Rear yard setback –
Principle Structure with alley All 30 feet from the centerline of the alley Front Yard Setback
to Street Loaded Garage All See Note 10
Distance Between Structures All 10 Feet
Rear Yard Setback for
Dwellings without Alleys All 20 Feet
Rear and Side Yard Setback
for Street Loaded Garage in
Rear Yard
All Minimum 5 feet to rear and side property lines
Minimum 25 feet to back of walk
Carriage Apartments All See Notes 4 and 13
Minimum Bedrooms,
as a Percent of total
dwelling units in a
multifamily project
All See Note 17
Usable Open Space per
Dwelling Unit – Minimum All See Table 3-3 of this Specific Plan Stormwater and Water
Quality Management All See Chapter 7 of this Specific Plan Landscaping - Note (21) All See Salinas Zoning Code Article V, Division 4:

Landscaping and Irrigation
Fences, Walls, and Hedges -
Note (22) All
See Table 3 1, footnote 26a and Section 4.11
of this Specific Plan and Salinas Zoning Code
Section 37-50.090: Fences, Walls and Hedges
Off-Street Parking, Loading and
Outdoor Lighting - Notes (9),
(10), (11), and (12)
All
See Appendix E of this Specific Plan and
Salinas Zoning Code Article V, Division 2:

Parking, Loading, and Outdoor Lighting.

Driveway and Corner Visibility All See Salinas Zoning Code Section 37-50.460:

Driveway and Corner Visibility.

Signs - Note (22) All See Salinas Zoning Code Article V, Division 3: Signs Outdoor Facilities, including
outdoor seating All See Salinas Zoning Code Section 37-50.170: Outdoor Storage and Display.

Accessory Uses and Structures All See Salinas Zoning Code Section 37-50.010:

Accessory Uses and Structures.

Screening of Mechanical
Equipment All See Salinas Zoning Code Section 37-50.240: Screening of Mechanical Equipment.

Recycling and Solid
Waste Disposal All See Salinas Zoning Code Section 37-50.200: Recycling and Solid Waste Disposal Regulations Performance Standards All See Salinas Zoning Code Section 37-50.180:

Performance Standards.

Planned Unit Development All See Salinas Zoning Code Article 6, Division 13:

Planned Unit Development Permits.

Nonconforming Uses
and Structures All See Salinas Zoning Code Section 37-50.160: Nonconforming Uses and Structures.

Use Classifications and Development Regulations
75 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B Recreational Vehicles,
Prohibited Vehicles, and
Equipment
All
See Salinas Zoning Code Section 37-50.190:

Recreational Vehicles, Prohibited Vehicles,
and Equipment Parking and Storage.

Vehicle Trip Reduction All See Salinas Zoning Code Section 37-50.330:

Vehicle Trip Reduction.

Swimming Pools, Spas
and Hot Tubs All See Salinas Zoning Code Section 37-50.010 (k): Swimming Pools, Spas, and Hot Tubs.

Accessory Dwelling Units All See Salinas Zoning Code
Section 37-50.250: Accessory Dwelling Units
Temporary Use of Land All See Salinas Zoning Code
Section 37-50.300: Temporary Use of Land
Condominium Conversions All See Salinas Zoning Code
Section 37-50.050: Condominium Conversions
Notes and Additional Requirements
CASP = Central Area Specific Plan
“See Section 37-xx.xxx”, refers to the adopted Salinas Zoning Code included as Appendix S of this Specific Plan. (1) In order to improve the mix and massing on each block and provide a wider range of dwelling unit sizes and prices, each zoning district on each block in the NE-A, NE-B, NG-A and NG-B districts should contain a mix of lot widths and dwelling unit sizes. The long sides of each block within the NE-A, NE-B, NG-A and NG-B Zoning Districts shall contain a mix of at least three (3) lot widths, with the middle width lot at least 5-feet wider than the smallest lot and five feet (5’) narrower than the width of the largest width lot (i.e. 50-feet, 55-feet and 60-feet wide) on that side of that block.
(2) On the side where a Row Home or Single-family attached dwelling (Townhouse dwelling) abuts another dwelling type or use, the minimum interior side yard setback shall be 5-feet.
(3) Lane Home and Green Court Dwellings.
a. a. Lane Home dwellings back onto an alley and front onto a common area easement, which must be a minimum of 20’ wide and said common area runs between two public streets.
b. b. Green Court Dwellings back onto an alley and front onto three sides of a common Green (minimum 30 feet deep by 60 feet wide) with a public street on the fourth side. Since Lane and Green Court dwellings are located on lots which front a common area, the lot depth shall be measured from the edge of the common area easement (back of sidewalk) to the center of the alley behind the dwelling. The front yard setback for these dwelling types shall be measured from the edge of the common area easement (back of sidewalk) to the main dwelling. The side yard setback for these dwelling types, which sides onto a public street, shall be a minimum of 10 feet, otherwise shall be 5 feet.
(4) See Section 37-50.250: Accessory Dwelling Units. A Carriage Apartment shall be considered an Accessory Dwelling Unit except that:
a. The Carriage Apartment must be located on a minimum forty-five (45) foot wide lot above an alley-served three car garage, both the unit and the garage shall have access to the alley.
b. A Carriage Apartment over an alley served garage shall only be a permitted use on lots with a single-family detached dwelling unit as the primary use and with at least a two-car garage for the principal residence, plus at least a one car garage for the Carriage Apartment. The Carriage Apartment is a permitted use on all such lots. c. The maximum floor area may be up to 800 square feet for a studio and one-bedroom Carriage Apartment and may be up to 1,100 square feet for a two (2) or three (3) bedroom Carriage Apartment. d. See Chapter 4 of this Specific Plan for design standards for the Carriage Apartments. (5) Minimum lot sizes may be reduced when the exclusive use of such lots is intended for utility substations, pumping stations, and other similar facilities. Additionally, minimum lot sizes may be reduced in conjunction with shopping centers and office complexes where two or more separate lots would be created and be subject to a reciprocal agreement utilizing shared parking, landscaping, and related facilities.

In all cases, it shall be demonstrated that the goals of the Zoning District can be achieved and that the public health, safety, and general welfare will be maintained.
(6) If there is a 30-foot wide alley easement along the side of the lot, the minimum side setback to the dwelling shall be 20 feet measured from the center line of the alley. The minimum setback to an alley served garage shall be 15 feet measured from the center line of the alley.
(7) Alleys must have a minimum of 20 feet of open pavement width including the curbs, plus 5 feet of landscaping on each side of the alley (except at the driveway entries to a garage, carport, or parking). The pavement width is measured to the back of the continuous roll or flush curb.
(8) Minimum lot widths and minimum lot depths are measured in conformance with the Salinas Zoning Code, except the minimum lot depth is measured from the right-of-way (street property line) in front of the dwelling unit or non-residential building to the centerline of the standard 30-foot wide minimum alley easement (20’ paved vehicle access with 5’ landscape plnaters on both sides) or the edge of the ROW for a standard 30-foot wide public alley or to the rear property line if there is no alley. (9) Parking, loading and outdoor lighting shall be in accordance with City Zoning Code Article V, Division 2: Parking, Loading, and Outdoor Lighting, except the following shall supersede the requirements of Table 37-50.100 Schedule A: Off-Street Parking and Loading Spaces:

In both VC districts and the NG-C districts, the parking requirement may be met by a combination of on-site parking, plus the on-street parking on the streets abutting the building’s property as approved by the City Planner and City Engineer.

In the two VC districts and the NG-C districts, the parking requirement shall be:
a. 2 spaces per DU, plus 2 spaces per 1,000 sf. of Commercial floor Area. b. Minimum 50% on-site parking - Maximum 50% on-street for VC districts. c. Minimum 75% on-site parking – Maximum 25% on-street for the NG-C disctrict. 76 City of Salinas | Final Central Area Specific Plan, November 2020 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B (10) Garages and driveways serving single-family residential uses are subject to the following:
a. All front-loaded garages accessed by a driveway from a public street instead of a rear alley must be set back at least twenty five (25) feet from the street property line and additionally shall be set back one (1) foot behind the street façade of the principal dwelling for each two foot of garage width (i.e. 1 car garage additional setback is 5 feet, a 2 car garage additional setback is 10 feet, and a 3 car garage additional setback is 15 feet). See below for further regulations applicable to three car garages. In no case shall a streetloaded garage have less than a 20 foot minimum driveway length (as measured from the street property line). b. All garages including street-loaded shall have roll-up doors. c. In order to maximize the landscaping in the front yard setback, the driveway from the street property line to the front of the garage (for street-loaded garages) shall not exceed the maximum width of the garage or 20 feet, whichever is less. d. The driveway from the back of the public sidewalk to a street-loaded garage shall be made of turf blocks, or a similar large cavity porous material, set on rock or gravel sub-base between 6 inch wide flush vertical curbs and the driveway must be irrigated and must allow irrigated vegetation in the driveway surface and allow percolation of rain water to occur within the driveway, with ADA compliant design, subject to review and approval by the City Engineer. e. The edges of the driveway shall be a minimum of six (6) feet from the side property line to the driveway’s 6-inch-wide curbs. The maximum driveway width at the street right-of-way line shall be 16 feet for a two-car garage and 10 feet for a one-car garage except as otherwise provided in this Specific Plan. The maximum width of the driveway may increase to 18-feet for a three-car garage. City standards apply to driveway aprons.
f. Corner lot side street-loaded garages must be set back 25-feet from the street property line. g. Street loaded swing in garages are not allowed.
h. Street loaded garages located in the rear yard of the home (behind or to the rear of the dwelling) shall be placed a minimum of 5-feet from the rear and side property lines.
i. For single-family detached dwellings, the street-loaded (front or corner side yard) garage shall not occupy more than 50% of the width of any street-facing façade of the dwelling units. Front-loading garages shall only be permitted for interior lots and corner lots with more than 50-feet in width.
j. Three (3) car wide street loaded garages are not allowed, except in the NE-A and NE-B districts and only on lots a minimum of seventy (70) feet wide and a minimum of one hundred ten (110) feet deep with a minimum 30 feet front setback to the house from the street property line. Additionally, a three car wide street-loaded garage must be set back a minimum of 15-feet from the front façade of the home and must be at least forty five feet from the back of the street property line. k. Access to alley-loaded garages shall have a maximum 3 to 5-foot driveway length or a 20-foot minimum driveway length (as measured from the rear or side property line (as applicable of a public alley) or a maximum 13 to 15-foot driveway length or a minimum 30-foot driveway length as measured from the centerline of an private alley easement. A five foot landscape planter shall be provided on either side of the alley except at the driveway entrances to each dwelling. l. For dwellings located on lots less than fifty feet in width and for all multifamily dwellings, duplexes, row homes, townhouses, lane homes and green court homes dwellings, the garage or parking areas (as applicable) for each unit shall be accessed from an alley or driveway behind the dwelling of sufficient width to meet fire code requirements. m. A minimum clear area of 30 feet wide by 20 feet deep for a three car garage and a minimum clear area of 20 feet wide by 20 feet deep for a two car garage will be required. One car detached garage dimensions may vary. The minimum needs to be 20 feet deep by 10 feet wide. The minimum depth for a tandem garage shall be 40 feet. n. Under no circumstances shall a driveway to a street loaded or alley loaded garage or private property cross the path /sidewalk along the north side of the southerly greenway street, except for one driveway in the VC district between Hemingway Drive and the library site and one driveway located on the middle school site. (11) Parking lots, carports or garages, as applicable for multifamily dwellings (including but not limited to courtyard apartments), single-family attached, duplexes and triplexes, green court dwellings, commercial, office, Mixed Use and Flex Use buildings and uses, shall be placed (located) in the rear of the buildings. Where any parking lot abuts a street, a minimum 10-foot wide landscaped area with a 30 inch high decorative wall, hedge, fence, or equivalent feature as approved by the City Planner shall be placed between the parking lot and all abutting public sidewalks to screen views of the parking lots. See Sections 4.3.4 and 4.4.4 of this Specific Plan. (12) Residential, commercial, office, Mixed Use and Flex Use buildings and all other uses in the NG-C and both VC districts shall build to the back of the street sidewalk along seventy five percent (75%) of their street frontage. Twenty-five percent (25%) of the street facades of such buildings may be setback, but only a sufficient distance to accommodate entries, pedestrian oriented outdoor uses and amenities such as patio dining areas, plazas and courtyards, fountains, public area, entry forecourts. Landscaping in maximum 4-foot deep x 1.5 - foot high (or an alternative size as approved by the City Planner) raised planters located behind the required 15-feet wide to 18-feet wide sidewalk is permitted. All entry doors which swing out toward the public sidewalk shall be setback a minimum 4-feet from the back edge of the required sidewalk.
(13) All structures shall be setback a minimum of 15 feet from the center line of all alleys, except the balcony for a Carriage Apartment may encroach 5-feet into this setback.
(14) Special architectural features such as clock towers, bell towers, cupolas, spires, ornamental portions of parapet walls, or other uninhabitable elements intrinsic to the particular architectural style being used may extend a maximum of 40-feet above the highest habitable floor.
(15) The interior side setback for the garages serving a Row home or Townhouse may be zero feet on one side and 4 feet on the other. The corner side yard setback for the garage must be a minimum of 10-feet. (16) Required parking for all attached and detached single-family dwellings, duplexes, Carriage Apartments, and Courtyard Apartments shall be provided for each unit in an enclosed lockable garage with a roll-up door. The required minimum one car on-site parking for Flex Use, Mixed Use and Multifamily Apartments in both VC districts shall be provided in a lockable garage with a roll-up door, or in carports, provided the parking lot containing the carports is secured with a keypad, card or clicker operated security gate. (17) Minimum bedroom requirements apply only to multifamily dwelling unit projects with ten or more dwelling units in the NG-A, NG-B, NG-C, VC-A districts. The bedroom per dwelling unit requirement does not apply in the VC-B district.

Use Classifications and Development Regulations
77 Development Regulation Use NE-A NE-B NG-A NG-B NG-C VC-A VC-B (18) Noise Control.

See the, “Noise Analysis”, by Brown - Buntin Associates, Inc. on file at the City of Salinas Community Development Department.