ORDINANCE NO. 2590 (N.C.S.)
AN ORDINANCE AMENDING ORDINANCE NO. 2549 REGARDING THE
ESTABLISHMENT OF A ZONE OF BENEFIT AND REIMBURSEMENT OF COSTS
INCURRED IN CONNECTION WITH THE ANNEXATION AND THE ENTITLEMENT OF
LANDS IN THE NORTH OF BORONDA FUTURE GROWTH AREA
WHEREAS, on June 3, 2014, the Salinas City Council adopted an ordinance (Ordinance No. 2549) that establishes the method to reimburse a person or the City for financing certain costs and expenses related to the annexation and the entitlement of lands in the North of Boronda Future Growth Area ("FGA"); and
WHEREAS, the FA consists of four planning areas for the purposes of preparing and processing specific plans and environmental review, namely (1) the West Area, being portions of the FGA lying between San Juan Grade Road and Natividad Road; (2) the Central Area, being portions of the FGA lying between Natividad Road and the extension of Constitution Boulevard; (3) the East Area, consisting of the portions of the FGA lying between the extension of Constitution Boulevard and Williams Road; and (4) the portions of the West Area included within the adopted Gateway Center Specific Plan; and
WHEREAS, each of the three of the planning areas (the West, the Central, and the East) includes areas which were either not annexed into the City when the FA was annexed to the City in 2007 or which have no feasible development opportunities given their shape, size, topography, designation for use as a school site, or location within the planning area relative to the uses planned within the planning areas ("'undevelopable areas"); and WHEREAS, the undevelopable areas will not participate in sharing on a proportionate basis their fair share of the Annexation Costs and the City Costs, as those terms are defined in Ordinance No. 2549; and
WHEREAS, the Salinas City Council finds that given the undevelopable areas will not share in the Annexation Costs and the City Costs, the undevelopable areas should not be included when calculating the fair share of the Annexation Costs and the City Costs to be borne on a proportionate basis by each Sponsor, as that term is defined in Ordinance No. 2549; and WHEREAS, in order to exclude the undevelopable areas from the calculation of the fair share costs, Ordinance No. 2549 must be amended; and
WHEREAS, the Salinas City Council finds and declares that the adoption of this Ordinance and the implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act in that it can be seen with certainty that there is no possibility that the adoption and the implementation of this Ordinance may have a significant effect on the environment. [CEQA Guidelines Section 15061(b)(3)]. 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS that Ordinance No. 2549 shall be amended as follows:
SECTION 1. Subdivision (8) of Section 3 shall be amended in its entirety to read as follows:
"(8) Proportionate Share. A percentage derived from a fraction in which the denominator shall be the total number of Developable Acres in the Zone of Benefit and the numerator shall be the number acres within the Zone of Benefit owned by an Owner." SECTION 2. Subdivision (15) shall be added to Section 3 and shall read as follows:
"(15) Developable Acres. Land which was annexed to the City in 2007 as a part of the North of Boronda Future Growth Area which may be feasibly developed and which is not otherwise restricted from development because of its shape, size, topography, designation for use as a school site, or location within the planning area relative to the uses planned within the planning areas."
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Salinas City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, clause, and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
PASSED AND ADOPTED this 21st day of February, 2017, by the following vote:
AYES: Councilmembers: Barrera, Craig, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Joe Gunter, Mayor
ATTEST:
patricia Baraid Ciny Clerk
2 Salinas Sewer System Master Plan
Buildout Land Use Map CDIM
Figure 2-2
Mixed Use (Both Commercial and Residential)
TL - Residential Low
RM - Residential Medium
RH - Residential High
PS - Public/Semipublic
P- Parks
OS - Open Space
I - Industria
C - Commerical
A - Agriculture
Land Use
Streets •
vity sewer oystem Aled
Legend
ALISALRD
SKYWAY BLVD
Boronda
LAUREL DR West
OLD STAGE
North Boronda BORONDARD
ROGGERD - ,
Bolsa Knolls
Feet
3,500
West Area Specific Plan
RUSSELL ROAD ROGGE ROAD
HIGH SCHOO
2.10 4.3
4.6 BASIN 2 WA-3
2.11 2.6 4.2
SAN JUAN GRADE ROAD
2.12 4.1
2.1 2.7
2.5 VAN BUREN AVE 3.11
22 3.10
SCHOOL
ELEMENTARY
SCHOOL 24 BASIN 5
3.9 LEGEND
2.3 3.12
ELEMENTARY NEIGHBORHOOD EDGE RESIDENTIAL (NE)
1.1 BASIN 3 COMMUNITY
SUMUUL
PARK NEIGHBORHOOD GENERAL 1 RESIDENTIAL (NG-1)
1.4 NEIGHBORHOOD GENERAL 2 RESIDENTIAL (NG-2)
3.8 MIXED USE VILLAGE CENTER
1.5 3.6 3.8 SCHOOLS
PECIFIC PLAN WA-2 NATIVIDAD ROAD
(NOT A PART COMMUNITY PARK
NEIGHBORHOOD PARKS (WA-1 TO WA-4)
WA-4
3.5 SMALL PARKS (WS-1 TO WS-6)
3.7 BASIN T
12 3.6 OPEN SPACE
34 STORM WATER DETENTION / RETENTION
1.7 ROADX FRAMEWORK STREETS
WATER WELL / TREATMENT SITES
MIXED USE 3.4
DARTMOUTH VILLAGE CENTER MISED TRE 3.3
VILLAGE CENTER
BORONDA ROAD BASIN 4
FIGURE 5
Specific Plan
Land Use Map
A COM City of Salinas
_RUSSELE ROA
RUSSELL ROAD
OLD STAGE ROAD
CONSTITUTION BLVD
7-8 MIDDLE SCHOOL
18 NET ACRES
K-8 ELEMENTAR)
SCHOOL CAL
18 NET ACRES WATER K-6 ELEMENTARY
SCHOOL
NATIVIDAD ROAD 12 NET ACRES
Hike
STATION
EAST BORONDA ROAD
HEMINGWAY DRI
CENTRAL AREA ZONING CENTRAL AREA ZONING
DISTRICT PLAN LEGEND DISTRICT PLAN LEGEND
MAP
COLOR ZONING DISTRICT
ZONING DISTRICT
VILLAGE CENTER - B NEIGHBORHOOD
EDGE - B
CONSTITUTION BLVD SCALE BAR
VILLAGE CENTER - A NEIGHBORHOOD DRAFT
EAST BORONDA ROAD
NCHBUKHOOD PUBLIC. QUASI PURC
SECTION 1 - INTRODUCTION
GENERAL - C RELIGIOUS ASSEMBLY
FIGURE 1.07
NEIGHBORHOOD
GENERAL - B PARKS ZONING DISTRICT MAP
NECHBORHOOD CENTRAL AREA SPECIFIC PLAN
GENCRAL "A OPEN SPACE / PATHS
APPROVED AS TO FORM:
Cha Alak.
Christopher A. Callihan, City Attorney