Cities Index.
Agenda packet

Salinas City Council
June 30, 2026

Document
Agenda packet
Meeting
June 30, 2026
Body
Salinas City Council
Pages
39
Original file
185.0 MB
Text extracted from the city's file for reading and search. Open the original on salinas.legistar.com. That file is the official record.

Professional Services Agreement with Kimley-Horn and Associates Amendment No. 4
June 30, 2026
Version: July 2025
Exhibit A

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SALINAS AND KIMLEY-HORN ASSOCIATES
AMENDMENT NO. 4
(Downtown Parking Lots 8 and 12 and Chinatown)
This Amendment No. 4 to the Agreement for Professional Services (the "Amendment") is entered into this 30th day of June 2026, by and between the City of Salinas (the "City") and Kimley-Horn and Associates, a North Carolina Corporation, (the "Contractor"). City and Contractor may be individually referred to herein as a "Party" and collectively the City and Contractor may be referred to as the "Parties."

RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Professional Services effective July 14, 2025, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the "Agreement"); and
WHEREAS, the two services to be performed include: Task 1 development in the Downtown Parking Lots 8 and 12 (Contractor account no. 197479010.1.100), and Task 2 developing various properties in Chinatown (Contractor account no. 197479010.1.200); and WHEREAS, the City and Contractor executed Amendment No. 1 to the Scope of the Agreement December 12, 2025, amending the scope of work to address and resolve unforeseen complications related to the Parking Lots 8 and 12 (“the Properties”), funded additional appraisal updates and additional due diligence in Chinatown, established a new third task Property Demolition (Contractor account number 197479010.1.300) and increased the total amount of compensation to be paid to the Contractor by the City from $68,000 by an additional $124,840, for a new total not to exceed $192,840; and WHEREAS, the City and Contractor further agreed to Amendment No. 2 dated February 1, 2026, authorizing the Contractor to retain the professional services needed to complete a Phase 1 Environmental Site Assessment (“ESA”) study for the Properties plus additional hours of consultant time, adding $53,335 for a new total of $246,175 and extending the term until May 31, 2026; and WHEREAS, effective March 31, 2026, the Contractor was advised of budget concerns and stopped work on Tasks 2 and 3, focusing instead on Task 1, and shifted all of funds remaining in Tasks 2 and 3 to Task 1, in the amount of $49,897 to pay for these costs without impacting the total cost of the Agreement; and
WHEREAS, the Phase 1 ESA Study recommends that a Phase 2 ESA study be completed, and on April 21, 2026, the City and Contractor agreed to Amendment 3to the Agreement, adding $40,000 to the $246,175 for a new total of $286,175;
Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1065240

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Professional Services Agreement with Kimley-Horn and Associates Amendment No. 4
June 30, 2026
Version: July 2025
WHEREAS, the Phase 2 ESA confirmed the presence of hazardous materials at Tier 2 of the Environmental Screening Levels (ESL), that requires action be taken to address these concerns, so the Contractor authorized a review by the State and County regulatory agencies, as well as the need to complete the removal of obsolete title exceptions, and property boundary issues; and WHEREAS, the due diligence work including receipt of an updated appraisal for Task 1 Downtown Parking Lots 8 and 12 is nearing completion- waiting for the regulatory direction to take action to remediate the hazardous materials; and
WHEREAS, the work completed in Task 2 Chinatown has prepared 3-properties (106 East Lake Street, 110 East Lake Street and 14 Soledad Street) for escrow pending acceptance of an offer based on updated appraisals, a purchase and sale agreement, then opening escrow to include ESA’s, and hazardous material testing and if needed and action plan for remediation, then following the close of escrow, demolition and lot consolidations; and
WHEREAS, Exhibit “A” attached to this Amendment summarize the remaining subtasks necessary to complete Task 1 and Task 2 of the original Agreement, and includes a small contingency as Task 4, to account for minor unforeseen issues that need to be resolved in order to close these Property sales and acquisitions, causing a need for the City and Contractor to amend the Agreement a 4th time adding Exhibit A to the Tasks to provide for additional services and additional compensation, and extending the term to August 30, 2026.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to further amend the Agreement as follows:

TERMS

1. Section 1 of the Agreement is hereby further amended to add the additional scope of services attached hereto as Exhibit A.

2. Section 2 of the Agreement is hereby amended extending the Term from May 31st, 2026, to August 30th, 2026.

3. Section 3 of the Agreement is hereby further amended to increase the total amount of compensation to be paid by the City under the Agreement by an additional Seventy-two Thousand, Four-hundred and Three dollars ($72,403) thereby bringing the total amount of compensation to be paid under the Agreement to a total amount not to exceed Three Hundred and Fifty-Eight Thousand, Five hundred and Seventy Eight dollars ($358,578).

4. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Amendment No. 4 as of the date first written above.

Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1066241

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Professional Services Agreement with Kimley-Horn and Associates Amendment No. 4
June 30, 2026
Version: July 2025

CITY OF SALINAS
__________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney

KIMLEY-HORN AND ASSOCIATES
____________________________________
Mark A. Falgout, PE No. 63394
Senior Vice Principal
Exhibit A- Summary of Tasks needed to be completed as Amendment 4 for Tasks 1, 2 and 4 of the original Agreement.

Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 6/15/2026 | 9:55 AM PDT
1067242
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Additional Scope of Services
Amendment No. 4
Salinas Amendment 4- v3 06.02.2026
TASK 1 – Updated Scope for Downtown Parking Lots
Complete LDA Article 4
“Article 4” of the LDA describes the “developer’s predisposition requirements for purchase of the property”

1.2Agree on price- based on appraisal
Review appraisal, render an opinion of its completeness/acceptance by the City from Appraiser, take the City’s Phase 2 final recommendations into consideration, (Section 4.3 below), and provide to the Developer which shall have 30-days to accept or retain a second opinion (prepare another appraisal). Follow the proposed process in Section 4.1
This assumes credit for cleanup will be offered.

2.2Developer needs to move towards “Acceptance of Title Exceptions” Two letters have been exchanged regarding objections to the title- City and Developer have to narrow this list of concerns (“cure any disapproved exceptions”) to the lowest number of possible “exceptions” and negotiate the rest (RDA for example). Understand if the developer is willing to waive its objection of any remaining title items the City is unable to remove, and proceed with the Agreement, or will developer terminate the Agreement?
Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1068243
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This discussion may require a meeting between attorneys and the Title Officer.

Boundary issues have to be resolved on both lots and final legal descriptions can then be drafted. Need Legal’s help with a plan for Lot 12. City will request new Title Reports, and present them for final acceptance. Written notice of disapproval is required per the details in this Section 4- or attach legal descriptions to new deeds and record.

Determine cost of remediation and deduct from appraisal. 2 to 3 weeks to hear back from the State, then plan action accordingly. State most likely needs to approve the clean-up plan, inspect and approve it.

TASK 2 Chinatown
Sub Task Detail SubTask hrs
Task 2Chinatown Acquire Properties
106 E Lake Street
Suey Yip (no longer exists) Title Transfer to Suey Sing- agree to front legal costs- this is not City's role - support only Confim tenancy- issue 30 day notice?
New Appraisal w/new data (title report)
Purchase and Sale Agreement/Open Escrow
Close Escrow- transfer to City
Clean and secure property/no tenant
110 E Lake StreetDiscuss value with AppaiserAgree to appraise property Send Offer to owner (Central Valley)
Come to terms with owners- P&S Agmt
Open Escrow- 30 days/complete appriasal
Close Escrow- transfer to City
Consolidate Bridge Street/Lake Properties
Include in Advanced Planning
14 Soledad StreetFollow-up on May Letter to owners (Bing Kong) Execute Right of Entry Agreement
Update 2025 Appraisal
Send Offer to owner (Central Valley)
Come to terms with owners- P&S Agmt
Open Escrow- 30 days
Close Escrow- transfer to City
Consildate 10-14 Soledad Street
Demo and Secure property
Implement Haz Mat Remediation Plan
Work with Advance Planning - future use
Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1069244
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Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1070245
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106 E Lake Street
Agree to escrow conditions for 106 E Lake with the Suey Sing to include advance for attorney fees to remove Suey Yip from title and transfer it to Suey Sing.

Attempt to get Suey Sing Board approval of a draft Purchase and Sale Agreement.

Assist with the Suey Sing ownership/transfer of title if necessary. Determine tenancy- is the property subject to a lease/tenant? (one-two months?) Appraise the property (one month)
Take the Purchase and Sale Agreement with the Suey Sing to City Council for approval. (one month)
Open escrow, order PTR
Analyze data from requested reports, identify any title issues. Execute Right of Entry Agreement.
110 E Lake Street
Send Conditional Offer based on value of appraisal at 106 E Lake Street (value per square foot) Take the Purchase and Sale Agreement to City Council for approval. (one month) Open escrow, order PTR
Analyze data from requested reports, identify any title issues, order Phase 2 ESA (most likely). (reports will take two months)
Execute Right of Entry Agreement, perform additional testing of site Consolidate Lots on Bridge Street/Lake Street
14 Soledad
Follow-up on the letter sent to Bing Kong. Revised appraisal March 20, 2026 to be used for price estimate- agree to price.

P&S Agreement taken to City Council Open
escrow, order PTR
Analyze data from requested reports, identify any title issues, Execute Right of Entry Agreement, perform additional testing of site (6 weeks to get report) Demo and Secure property
Consolidate 10-14 Soledad Street/Coordinate with Advanced Planning TASK 4 – Maintain Property Acquisition List and Update as Necessary Assure City compliance with Government Code 65402. Follow-up on drafted Resolution fo the Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1071246
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Planning Commission (02.18.2026)
Cost Estimate and Schedule
The City exhausted the current amount of budgeted funds in mid-May. The estimated amount of time needed to complete the amended tasks adds 167 hours to complete Tasks 1, 2 and 3, at 10-15 hours per week, between June 1 and August 30, 2026.

We appreciate the opportunity to provide these services! If you have any questions or concerns, please don’t hesitate to contact me at [email protected] (831) 316-1428, or Mark Falgout mark.falgout@kimleyhorn.com (925) 965-7701 Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

By: Mark Falgout, PE Don Reynolds. MPA
Sr. Vice President Sr. Project Manager
P.E. No. 63394
Docusign Envelope ID: B395410C-393C-887A-82FC-CBB1A194CD37 1072247

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RESOLUTION NO. 22978 (N.C.S.)

A RESOLUTION OF THE CITY OF SALINAS CITY COUNCIL ADOPTING THE

PROPOSED MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION

MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO SECTION 15074 OF THE CEQA GUIDELINES; APPROVING PLANNED UNIT DEVELOPMENT (PUD) PERMIT 2020-002 FOR A SEVEN PHASE MASTER SITE PLAN AND ALTERNATIVE DEVELOPMENT STANDARDS; APPROVING CONDITIONAL USE PERMIT (CUP) 2022-030 FOR THE MIXED USE DEVELOPMENT AND THE DEVELOPMENT OF AN EXTENDED STAY HOTEL; AND APPROVING A
TENTATIVE MAP (TM) TO RECONFIGURE 14 LOTS INTO 9 LOTS LOCATED

SOUTHEAST OF THE JOHN STREET AND ABBOTT STREET INTERSECTION IN THE COMMERCIAL OFFICE – ABBOTT STREET FOCUSED GROWTH OVERLAY (CO – FG-4) AND INDUSTRIAL – GENERAL (IG) ZONING DISTRICT (PUD 2020-002, CUP 2020-030, AND TENTATIVE MAP 2022-001
WHEREAS, a May 3, 2024, letter from the attorney for Uni-Kool Partners and Cadius Partners Limited, states that Cadius Partners Limited is also the intended Applicant/Permittee for the Phase I Extended Stay Hotel Conditional Use Permit; and WHEREAS, on May 15, 2024, the City formally noticed the continuance of this project to a May 29, 2024 Special Meeting of the Salinas Planning Commission, due to the regularly scheduled May 15, 2024 Planning Commission hearing being canceled due to a lack of quorum; and
WHEREAS, on May 29, 2024, the Salinas Planning Commission, at the request of the Applicant and Property Owner, The UniKool Partners, held a duly noticed public hearing to consider Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001 to construct a seven-phase, Mixed Use Development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses (197 units), 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 441,600 square feet of new development southeast of John Street and Abbott Street; and WHEREAS, the Planning Commission considered a Mitigated Negative Declaration prepared for this project and independently determined that all impacts were adequately addressed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, including the Staff Report, determined positive findings could be established for approval of the project, adopted Resolution 2024-006 recommending that City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001; and WHEREAS, on June 4, 2024, the Housing and Land Use Committee recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 124817

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Tentative Map 2022-001; and
WHEREAS, based on Planning Commission and Housing and Land Use Committee comments on the Affordable Housing Plan, City Staff modified the Planned Unit Development permit to clarify that the current density allowed under the current General Plan and zoning district as 197 dwelling units. Accordingly, a modification to the Rental Housing Impact Fees Plan to reflect the current density along with a modification to the number of residential dwelling units allocated to Section 8 Housing to 24 dwelling units will be executed; and WHEREAS, City Staff further clarified that if the General Plan and underlying zoning in the future at time of submittal of the residential uses authorizes a density increase, in this case the IS-MND analyzed up to 242 dwelling units, it would also increase the residential rental units allocated to Section 8 to 29 dwelling units, which would trigger an amendment to the Planned Unit Development permit and the Rental Housing Impact Fee Plan; and WHEREAS, the City Council held a duly noticed public hearing on June 11, 2024 and considered the Staff Report, meeting minutes, Planning Commission Resolution, public testimony, information contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration and Mitigation Monitoring Program, and correspondence regarding the project.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planned Unit Development Permit 2020-002, Conditional Use Permit 2020-030, and Tentative Map 2022-001; and
BE IT FURTHER RESOLVED that the Salinas City Council adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:

For the Mitigated Negative Declaration and Mitigation Monitoring Program:

1. The City Council hereby finds that a Mitigated Negative Declaration (MND) has been prepared with respect to the project in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder.

Further, this Council has independently reviewed and considered the information contained in the Initial Study and related environmental documents, together with the comments received during the public review process. On the basis of the whole record before it, the Council finds that, with the conditions of approval and the proposed mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment and that the MND reflects the Council’s independent judgment and analysis. On this basis, the Council adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; The environmental impacts of the project have been analyzed in accordance with CEQA.

An Initial Study was prepared to evaluate the potential impacts associated with the project.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 124918

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Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment because the mitigation measures outlined in the proposed Mitigation Monitoring and Reporting Program have been included in the project. The Initial Study - Mitigated Negative Declaration was routed to responsible agencies on February 10, 2023 and posted at the County Clerk’s Office on February 10, 2023; the deadline for comments was March 13, 2023. The State Clearinghouse received the document on February 10, 2023; the deadline for Clearinghouse comments was March 13, 2023 (SCH Number 20223020282).

Public comments were received from interested parties and separate public agencies (Monterey-Salinas Transit [MST], California Department of Transportation [Caltrans], and the Monterey Bay Air Resources District [MBARD]) during the comment period as described below:

1. Comments received from Michelle Overmeyer, Director of Planning and Innovation, MST, on March 3, 2023 providing recommendations regarding a potential new bus stop to serve the project site and clarifying information regarding existing transit service near the project site.

Staff Response: Should new bus stops or new lanes associated with the project be proposed, design and construction would comply with MST’s Designing for Transit Guidelines and Americans with Disabilities Act (ADA) requirements. Information regarding existing transit service was revised in the Final IS MND.

2. Comments received from Chris Bjornstad, Associate Transportation Planner, Caltrans, March 13, 2023 stating that any work that occurs within the state’s right-of-way will require an encroachment permit and would be subject to the terms of that permit.

Staff Response: As summarized in the Project Description of the IS MND, the project does not propose work within the state’s right-of-way. If work within the state’s rightof-way is necessary, the project applicant would obtain an encroachment permit and would coordinate with Caltrans to determine the appropriate pathway for project review and approval.

3. Comments received from Edward Ballaron, Air Quality Planner, MBARD, March 13, 2023 stating that project fugitive dust emissions can be further mitigated with MBARD Best Management Practices; any stationary engines greater than 50 horsepower must be permitted by MBARD or registered with the California Air Resources Board; and that MBARD suggests using guidance from the Bay Area Air Quality Management District or the Sacramento Metropolitan Air Quality Management District to evaluate construction greenhouse gas emissions.

Staff Response: As described in Section 3, Air Quality, of the IS MND, fugitive dust emissions (PM10 and PM2.5) associated with the project would be well below MBARD thresholds. The project applicant would be required to comply with California Air Resources Board and MBARD permit requirements as applicable. Construction DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125019

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greenhouse gas emissions were analyzed in Section 8, Greenhouse Gas Emissions, of the IS - MND. Page 62 details the thresholds that were used, stating that “in the absence of any adopted numeric threshold, the significance of the project’s GHG emissions is evaluated consistent with CEQA Guidelines Section 15064.4(b) by considering whether the project complies with applicable plans, policies, regulations, and requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions.” The project’s construction-related greenhouse gas emissions of 130 metric tons per year (reported in Table 8 of the MND), are well below Sacramento Metropolitan Air Quality Management District’s construction emission threshold of 1,100 metric tons per year.

For the Planned Unit Development Permit:

2. The location of the planned unit development is in accord with the objectives of this Zoning Code and the purposes of the district in which the site is located; The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots. Per Salinas Municipal Code (SMC) Section 37-

30.190(k)(2), the purpose of the Commercial Office District is to provide areas for primarily for offices, personal services, financial services, mixed use residential, and for residential uses. In accordance with the purpose of CO-FG-4 overlay district, the proposed project would involve a mix of commercial and office, which would support future residents of the residential development within the proposed PUD.

Per SMC Section 37-40.200, the purpose of the Abbott Street Focused Growth Overlay is to focus growth at high potential, under-utilized sites ("focused growth overlay areas") within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. One lot is zoned Industrial – General (IG), which SMC Section 37-30.300(e)(3) defines as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for locations in the city; and protects Salinas’ general industrial areas from competition for space from unrelated commercial uses that could more appropriately be located elsewhere in the City. The proposed project meets the purpose of the Abbott Street Focused Growth Overlay in that it involves a mix of commercial and residential development that would revitalize the existing site and be compatible with existing uses that includes a mix of commercial and industrial uses.

A portion of the site is within the City of Salinas Airport Overlay District (AR), which serves the Salinas Municipal Airport. SMC Section 37-40.410 states that the purpose of this district is to fulfill the city's obligations, in accordance with requirements of state law (Government Code Section 65302.3), to implement the airport land use compatibility policies adopted by the Monterey County Airport Land Use Commission; regulate land use development within the vicinity of Salinas municipal airport to protect it from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airport; and minimize the public's exposure to excessive noise and safety hazards that would result from incompatible land use DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125120

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development within areas around airport. However, the proposed John Street and Abbott Street Mixed Use Development and associated entitlements are not located within the 1982 Salinas Muni Airport Land Use Plan (ALUP) Area of Influence. Per SMC Section 37-

40.415, the city shall require the owner of any property located in the Salinas Municipal Airport "area of influence" to dedicate an avigation easement as a condition of approval of any development review application, or structure identified in SMC Section 37-40.420(a) or (b). The easement is required to protect the airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may fly over the location at low altitudes while approaching, departing, or maneuvering near the associated airport. Such easement shall include special provisions, for properties within the clear zone, required for the California International Airshow (see Figure 37-40.210). The easement shall be dedicated prior to the recordation of any land division or if there is no land division prior to the issuance of the first building permit for the development. Furthermore, the height of all structures shall not exceed the maximum allowed per the underlying zoning district.

3. The planned unit development and the proposed conditions under which it would be developed or maintained are consistent with the Salinas general plan, applicable specific plan, and other plans and policies adopted by the Salinas city council and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the planned unit development, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city; and The project site is designated as Office and General Industrial. The project site also falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community. The site is zoned as Commercial Office and General Industrial, sharing the same boundaries as the General Plan designations. Salinas Municipal Code defines Commercial Office as areas primarily for offices, personal services, financial services, mixed-use residential and for residential uses (SMC Section 37-30.190(k)(2)). The code defines General Industrial as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable (SMC Section 37-30.300(e)(3)).

The following lists applicable General Plan policies intended to reduce environmental effects of projects and indicates the project’s consistency with those policies.

Policy Consistency
Policy LU-1.1: Balanced Land Use Pattern. Achieve a
balance of land uses to provide for a range of housing, jobs, libraries, and educational and recreational facilities that allow residents to live, work, shop, learn, and play in the community.

Consistent. The project would facilitate the development of an under-utilized area with a mix of uses, specifically residential and commercial.

Policy LU-1.2: Accommodate Projected Growth. Provide
a plan for land uses that includes capacity to accommodate growth projected for 2020 and beyond.

Consistent. The project would develop approximately
232,800 square feet of residential uses that would assist in accommodating population growth.

Policy LU-2.1 Minimize Growth Impacts to Agricultural
Lands. Minimize disruption of agriculture by maintaining a compact city form and directing urban expansion to the
Consistent. The project would involve infill development in an already urbanized area, where no active agricultural DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125221

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Policy Consistency
north and east, away from the most productive agricultural land.
lands exist.

Policy LU-2.4: In-fill Development. Utilized welldesigned infill development and selective increase density within Focused Growth Areas to maintain compact city
form.

Consistent. The project would involve development within the Abbott Street Focused Growth Area and would maintain compact city form.

Policy LU-2.5. Future Growth and the Environment.

Ensure that negative impacts of future growth on
environmental quality and quality of life are minimized and adequate levels of urban services and facilities are
maintained.

Consistent. This IS MND demonstrates that the project
would not have significant impacts on the environment.

Mitigation measures are provided where applicable,
including under Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Transportation, and
Tribal Cultural Resources, implementation of which would ensure potential impacts are mitigated to less than
significant levels. The project would involve commercial and residential development, which would contribute to the urban services and facilities within the city.

Policy LU-3.7. Revitalization of Commercial and
Industrial Areas. Revitalize the existing commercial and industrial areas within the City including: the Central City and Sunset Avenue Redevelopment Project Areas; the
commercial areas along North and South Main Streets, West Market and Abbott Street.

Consistent. The project would involve commercial and
residential development along Abbott Street and would
revitalize an existing commercial area.

Policy LU-3.8: Essential Worker Housing. Encourage the
production of housing that meets the needs of agricultural and other essential workers within the community.

Consistent. The project would develop approximately
232,800 square feet of residential uses that could serve essential worker populations.

As demonstrated by the above table, the project would be consistent with the 2002 Salinas General Plan. Further, as demonstrated in the Initial Study Mitigated Negative Declaration, implementation of the project would not result in impacts that would cause a substantial adverse effect on human beings, including those related to air quality, hazardous materials, emergency response, proximity to airport activities, noise, or transportation hazards. As discussed in the Initial Study-Mitigated Negative Declaration, these impacts would be less than significant with or without mitigation. Therefore, the project would not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City.

4. The planned unit development does not represent an exception to the standards of this Zoning Code but rather an alternative resulting in an equal or superior design in comparison to development, which strictly complies with base district property development regulations.

The planned unit development does not represent an exception to the standards of the Zoning Code; however, it is providing an alternative resulting in superior design in comparison to development, which strictly complies with base district property development regulations. The proposed master plan is a multi-phase, mixed-use planned unit development encompassing multiple existing lots. The proposed project will comply with the density and floor area ratio (FAR) requirements in the Zoning Code; however, under the PUD alternative development standards are proposed for off-street parking, usable open space requirements, parking lot tree requirements, and the location of the hotel in the DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125322

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center of the development. These alternative standards will be offset and enhanced through the superior design standards described below.

Twenty new buildings, re-use of the existing butler building, surface parking, pedestrian walking paths and plazas, internal private drives, and a new signalized intersection is planned at Abbott Street and Maple Street. This development will incorporate multiple uses including a variety of multi-family housing options, as well as a variety of supporting uses to serve and enrich this and the immediately surrounding community. This master plan provides an alternative in superior design in providing:
a. Pedestrian-friendly community experience by offering multiple exterior plazas and walkable paths that tie the buildings together.
b. Low impact development concepts are being meaningfully incorporated into the project to address storm water quality as well as water and energy consumption. c. The proposed landscaping will include a mixture of native-style plants and trees that will be watered with drip irrigation.
d. The design aesthetic of the future buildings within this new mixed-use development is described as "Modern Latin".
e. Locations and footprints of the future buildings shown on the master site plan are provided for conceptual reference only and each building/phase will be submitted for site plan review under separate cover.
f. Project will continue to comply with the density Floor Area Ratio (FAR) requirements of the underlying zoning district.

For the Conditional Use Permit:

5. The proposed location of the use is in accordance with the objectives of the Salinas General Plan, this Zoning Code and the purposes of the district in which the site is located;
The site is designated as Office on 13 of the 14 existing lots, which the General Plan defines as businesses and offices where residential development of comparable impact may be considered. One lot is designated General Industrial, which the General Plan defines as “automobile dealerships and repair shops, building material sales, light manufacturing, distribution, warehousing, and wholesaling” where residential development (single room occupancies and seasonal transitional housing) may be allowed. Additionally, the site is within the Abbott Street Focused Growth Overlay District (FG-4), which the City’s General Plan describes as existing urbanized areas where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community; by selectively increasing density in a manner compatible with the surrounding neighborhoods, the pressure to develop agricultural lands is also reduced. The City is currently undertaking its General Plan Update and is evaluating increasing density and intensity of uses in the Focus Growth Overlay Districts, which includes the project site. The density and intensity allowed at the project site may increase through the future General Plan Update.

The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125423

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(CO – FG-4) on 13 of the 14 existing lots. Per Salinas Municipal Code (SMC) Section 37-

30.190(k)(2), Commercial Office provides areas for primarily for offices, personal services, financial services, mixed use residential, and for residential uses. Per SMC Section 37-

40.200, the purpose of the Abbott Street Focused Growth Overlay is to focus growth at high potential, under-utilized sites ("focused growth overlay areas") within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. One lot is zoned Industrial – General (IG), which SMC Section 37-30.300(e)(3) defines as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for locations in the city; and protects Salinas’ general industrial areas from competition for space from unrelated commercial uses that could more appropriately be located elsewhere in the City. In accordance with the purpose of CO-FG4 overlay district, the proposed project would involve a mix of commercial and office, which would support future residents of the residential development within the proposed PUD.

A portion of the site is within the City of Salinas Airport Overlay District (AR), which serves the Salinas Municipal Airport. SMC Section 37-40.410 states that the purpose of this district is to fulfill the city's obligations, in accordance with requirements of state law (Government Code Section 65302.3), to implement the airport land use compatibility policies adopted by the Monterey County Airport Land Use Commission; regulate land use development within the vicinity of Salinas municipal airport to protect it from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airport; and minimize the public's exposure to excessive noise and safety hazards that would result from incompatible land use development within areas around airport. However, the proposed John Street and Abbott Street Mixed Use Development and associated entitlements are not located within the 1982 Salinas Muni Airport Land Use Plan (ALUP) Area of Influence. Per SMC Section 37-

40.415, the city shall require the owner of any property located in the Salinas Municipal Airport "area of influence" to dedicate an avigation easement as a condition of approval of any development review application, or structure identified in SMC Section 37-40.420(a) or (b). The easement is required to protect the airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may fly over the location at low altitudes while approaching, departing, or maneuvering near the associated airport. Such easement shall include special provisions, for properties within the clear zone, required for the California International Airshow (see Figure 37-40.210). The easement shall be dedicated prior to the recordation of any land division or if there is no land division prior to the issuance of the first building permit for the development. Furthermore, the height of all structures shall not exceed the maximum allowed per the underlying zoning district.

6. The proposed location of the conditional use and the proposed conditions under which it would be operated or maintained are consistent with the Salinas General Plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City of Salinas; and DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125524

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The project site is designated as Office and General Industrial. The project site also falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community. The site is zoned as Commercial Office and General Industrial, sharing the same boundaries as the General Plan designations. Salinas Municipal Code defines Commercial Office as areas primarily for offices, personal services, financial services, mixed-use residential and for residential uses (SMC Section 37-30.190(k)(2)). The code defines General Industrial as areas that provide for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable (SMC Section 37-30.300(e)(3)).

The following lists applicable General Plan policies intended to reduce environmental effects of projects and indicates the project’s consistency with those policies.

Policy Consistency
Policy LU-1.1: Balanced Land Use Pattern. Achieve a
balance of land uses to provide for a range of housing, jobs, libraries, and educational and recreational facilities that allow residents to live, work, shop, learn, and play in the community.

Consistent. The project would facilitate the development of an under-utilized area with a mix of uses, specifically residential and commercial.

Policy LU-1.2: Accommodate Projected Growth. Provide
a plan for land uses that includes capacity to accommodate growth projected for 2020 and beyond.

Consistent. The project would develop approximately
232,800 square feet of residential uses that would assist in accommodating population growth.

Policy LU-2.1 Minimize Growth Impacts to Agricultural
Lands. Minimize disruption of agriculture by maintaining a compact city form and directing urban expansion to the
north and east, away from the most productive agricultural land.

Consistent. The project would involve infill development in an already urbanized area, where no active agricultural lands exist.

Policy LU-2.4: In-fill Development. Utilized welldesigned infill development and selective increase density within Focused Growth Areas to maintain compact city
form.

Consistent. The project would involve development within the Abbott Street Focused Growth Area and would maintain compact city form.

Policy LU-2.5. Future Growth and the Environment.

Ensure that negative impacts of future growth on
environmental quality and quality of life are minimized and adequate levels of urban services and facilities are
maintained.

Consistent. This IS-MND demonstrates that the project
would not have significant impacts on the environment.

Mitigation measures are provided where applicable,
including under Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Transportation, and
Tribal Cultural Resources, implementation of which would ensure potential impacts are mitigated to less than
significant levels. The project would involve commercial and residential development, which would contribute to the urban services and facilities within the city.

Policy LU-3.7. Revitalization of Commercial and
Industrial Areas. Revitalize the existing commercial and industrial areas within the City including: the Central City and Sunset Avenue Redevelopment Project Areas; the
commercial areas along North and South Main Streets, West Market and Abbott Street.

Consistent. The project would involve commercial and
residential development along Abbott Street and would
revitalize an existing commercial area.

Policy LU-3.8: Essential Worker Housing. Encourage the
production of housing that meets the needs of agricultural and other essential workers within the community.

Consistent. The project would develop approximately
232,800 square feet of residential uses that could serve essential worker populations.

As demonstrated by the above table, the project would be consistent with the Salinas DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125625

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General Plan. Further, as demonstrated in the Initial Study-Mitigated Negative Declaration, implementation of the project would not result in impacts that would cause a substantial adverse effect on human beings, including those related to air quality, hazardous materials, emergency response, proximity to airport activities, noise, or transportation hazards. As discussed in the Initial Study-Mitigated Negative Declaration, these impacts would be less than significant with or without mitigation. Therefore, the project would not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City.

7. The proposed conditional use will comply with the provisions of the Salinas Zoning Code, including any specific conditions required for the proposed use.

The site is currently zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots, which allows for offices, personal services, financial services, mixed use residential, and for residential uses. One lot is zoned Industrial – General (IG). The Abbott Street Focused Growth Overlay intends to focus growth at high potential, under-utilized sites within Salinas by providing standards that will enhance the city and its neighborhoods and create incentives for mixed use neighborhoods that are active, pedestrian-friendly, safe, and welcoming. The proposed project would include a Planned Unit Development and be consistent with both of these zoning districts. Conditions have been recommended for this permit to ensure that, when implemented, the project will conform and comply with the provisions of the Salinas Zoning Code. For example, a condition requires all mitigation measures listed in the Mitigation Monitoring Reporting Program shall be conditions of approval.

For the Tentative Map:

8. The proposed map is consistent with the General Plan or any applicable Specific Plan, the Zoning Code, the Subdivision Ordinance, the Subdivision Map Act, and other applicable provisions of this Code.

The proposed Tentative Map is a request to subdivide 14 existing lots into 9 lots on a 22.74 acre site with alternative development standards, except for lot development regulations.

The project includes interior private drives and street frontage design for interior roadways including curbs, gutters, sidewalks, driveway approaches pedestrian curb ramps, streetlights, street trees, and street intersections.

The proposed Tentative Map is consistent with the Salinas General Plan and Zoning Code.

Of the 14 lots of the project site, 13 lots are designated as Office on by the Salinas General Plan and zoned Commercial Office – Abbott Street Focused Growth Overlay (CO – FG4). One lot is designated General Industrial by the Salinas General Plan and is zoned Industrial – General (IG) by the Salinas Zoning Map. Under the current zoning, the site only allows a net density of 10 dwelling units per net acre, or approximately 197 dwelling units. However, this a phased project over the next 10 years and the General Plan Update (GPU), which is already underway may ultimately increase allowed density. The DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125726

Page 11 of 39 ends

anticipated future General Plan use for the subject site is Mixed Use -Village Center with density allocation of 30 to 50 dwelling units per net acre. Therefore, the environmental analysis conducted assumes additional density of 242 dwelling units should it be permitted by underlying zoning in the future. No Specific Plans or Precise Plans are applicable to the site.

9. The design or improvement of the proposed subdivision is consistent with the General Plan, standard specifications, design standards, standard plans, development regulations, and any applicable Specific Plan.

There are no Specific Plans that regulate the site. The design and improvement of the proposed Map is consistent with the General Plan. The project site is designated as Office on 13 of 14 lots, with one lot being designated General Industrial by the Salinas General Plan. The proposed Mixed use Development falls within the Abbott Street Focused Growth Overlay District, which the City’s General Plan describes as an existing urbanized area where additional growth and/or redevelopment and revitalization would be appropriate and provide benefits to the community is consistent with General Plan Goals and Policies. The project would involve commercial and residential development along Abbott Street and would revitalize an existing commercial area consistent with Land Use Goal LU-3.7.

10. The site is physically suitable for the proposed type of development.

The site is topographically flat. The project is proposing to construct a seven phase, mixeduse development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses, 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 478,800 square feet of new development. The project includes interior private drives and street frontage design for interior roadways including curbs, gutters, sidewalks, driveway approaches pedestrian curb ramps, streetlights, street trees, and street intersections. Vehicular access to the project will be provided from Abbott Street, John Street, and ultimately Spicer Street with significant right-of-way improvements. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Therefore, the site is physically suitable for the proposed type of development.

11. The site is physically suitable for the proposed density of development.

The site is designated Commercial Office – Abbott Street Focused Growth Overlay (CO – FG-4) on 13 of the 14 existing lots, one lot is zoned Industrial – General (IG) by the Salinas Zoning Map. Under the current zoning, it only allows a net density of 10 dwelling units per net acre, or approximately 197 dwelling units. However, this a phased project over the next 10 years and the General Plan Update (GPU), which is already underway may ultimately increase allowed density. The anticipated future General Plan use for the subject site is Mixed Use -Village Center with density allocation of 30 to 50 dwelling units per net acre. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Therefore, the environmental analysis conducted assumes DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125827

Page 12 of 39 ends

additional density should it be permitted by underlying zoning in the future.

12. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, the City Council may approve a Tentative Map even it is usable to make this finding if an Environmental Impact Report was prepared for the project, and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report that would mitigate damage to the environment or to fish and wildlife and their habitat.

The project is located on an in-fill site in an urbanized area surrounded by existing industrial development. Per the Initial Study for the project, there are no sensitive plant or animal species located on the project site. The proposed project is not expected to degrade scenic resources nor degrade the visual character of the area. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street.

Approximately 4.89 acres/213,222 square feet of the site would be landscaped at project completion.

13. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

The site is currently underdeveloped and is proposing a seven phase, mixed-use development with a 70,000 square-foot hotel with 111 guest rooms, approximately 232,800 square feet of residential uses, 107,900 square feet of retail use, and 30,900 square feet of office use for a total of 478,800 square feet of new development. The site is surrounded by industrial uses and is served by existing infrastructure. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Conditions of approval will ensure compliance with requirements of the City’s Public Works Department. Therefore, the project is not likely to cause public health problems.

14. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the City Council may approve the map if it finds that alternative easements for access through, or for use of, the property will be provided, and that these will be substantially equivalent to ones previously acquired by the public. The subsection shall apply only to easements established by judgment of a court of competent jurisdiction.

The site is surrounded by industrial uses and is served by existing infrastructure. There are various easements on site, but they will not be adversely impacted by the proposed development. The proposed Tentative Map includes new public utility and common area easements and access easements.

15. The waste discharge from the proposed subdivision into a municipal separated sewer DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 125928

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system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board. Sanitary sewers must meet acceptance by Monterey One Water.

The site is served by existing infrastructure. Prior to building/grading permit approval of any phase, the applicant shall provide a sanitary sewer capacity study that demonstrates adequate capacity in the sanitary sewer main along Abbott Street. Conditions of approval will ensure compliance with requirements of the City’s Public Works Department and waste discharge into the sewer system would not result in violations of Regional Water Quality Control Board requirements.

16. Storm drainage system meets the City's NPDES permit and SWDS at the time of Council consideration.

The storm drainage system of the project site meets the City’s NPDES permit and SWDS.

17. If the land is subject to any of the development restrictions included in Section 66474.4(a) of the Subdivision Map Act (including, but not limited to, Williamson Act contracts, open-space easements, and conservation easements), then the findings required by Section 66474.4 must be made to approve or conditionally approve the Tentative Map.

The site is not in agricultural use, and no Williamson Act contracts exist on the site.

18. If the Tentative Map is subject to the water supply requirements included in Section 66473.7 of the Subdivision Map Act, then the findings required by Section 66473.7 must be made to approve or conditionally approve the Tentative Map.

The project site is not subject to the water supply requirements of Section 66473.7 of the Subdivision Map Act because the proposed project consists of less than 500 units.

PASSED AND APPROVED this 11thday of June 2024, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, Osornio, Rocha, Sandoval, Valenzuela and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126029

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APPROVED:
_________________________
Kimbley Craig, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk
Attachment A: Mitigation Monitoring and Reporting Program DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126130

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Attachment A: JOHN STREET AND ABBOTT STREET MIXED USE DEVELOPMENT

PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
(Case File: PUD 2020-002, CUP 2020-030, ER 2020-018, and TM 2022-001) Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
AQ-1:

Construction
Emissions
Reduction
Prior to issuance of
grading permits, the
following measures
shall be implemented:

All mobile off-road
equipment
(wheeled or
tracked) greater
than 50
horsepower used
during
construction
activities shall
meet the USEPA
Tier 4 interim
standards. Tier 4
certification can
be for the original
equipment or
equipment that is
retrofitted to
meet the Tier 4
interim
standards.

Alternative Fuel
(natural gas,
propane, electric,
etc.) construction
equipment shall
be incorporated
where available.

These
requirements
shall be
incorporated into
the contract
agreement with
the construction
contractor. A
copy of the
equipment’s
To minimize
toxic air
contaminant
exposure to
sensitive
receptors.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning and
Permit
Services
(Building)
Divisions
During
construction
phase.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126231

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
certification or
model year
specifications
shall be available
upon request for
all equipment onsite.

Electricity shall be
supplied to the
site from the
existing power
grid to support
the electric
construction
equipment. If
connection to the
grid is
determined to be
infeasible for
portions of the
project, a nondiesel fueled
generator shall
be used.

The project would
comply with the
CARB Air Toxics
Control Measure
that limits diesel
powered
equipment and
vehicle idling to
no more than five
minutes at a
location, and the
CARB In-Use
Off-Road Diesel
Vehicle
Regulation;
compliance with
these would
minimize
emissions of
TACs during
construction.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126332

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
BIO-1:

Nesting Bird
Surveys and
Avoidance

1. For all
phases of the
proposed project that
contain trees,
construction,
grading, site
preparation and other
ground disturbance
activities required for
future development,
including vegetation
or tree removal, shall
not occur during the
general avian nesting
season (February 1 –
August 31), if
feasible. If breeding
season avoidance is
not feasible, the
applicant shall retain
a qualified biologist,
as approved by the
City of Salinas, to
conduct a
preconstruction
nesting bird survey to
determine the
presence/absence,
location, and status
of nests on or
adjacent to the
project site. The
extent of the survey
buffer area
surrounding the site
shall be established
by the qualified
biologist to ensure
that direct and
indirect effects to
nesting birds are
avoided. To avoid the
destruction of active
nests and to protect
the reproductive
success of birds
protected by the
To avoid
disturbance
of nesting
and specialstatus birds
or migratory
species
protected by
the MBTA
and Sections
3503,
3503.5, and
3513 of the
CFGC.

Applicant, or
Successor in
Interest.

Community
Development
Department -
Current
Planning
Division
Within 14 days
prior to the start
of construction.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126433

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
CFGC, nesting bird
surveys shall be
performed not more
than 14 days prior to
scheduled vegetation
clearance. In the
event that active
nests are discovered,
a minimum buffer of
300 feet for raptors
and 50-foot radius
avoidance buffers for
passerines shall be
established around
such active nests and
no construction or
personnel shall be
allowed within the
buffer areas until a
qualified biologist has
determined that the
nest is no longer
active (e.g., the
nestlings have
fledged and are no
longer reliant on the
nest). No ground
disturbing activities
shall occur within this
buffer until the
qualified biologist has
confirmed that
breeding/nesting is
completed, and the
young have fledged
the nest. Nesting bird
surveys are not
required for
construction
activities occurring
between September
1 and January 31.

CUL-1:

Unanticipate
d Discovery
If archaeological
resources are
encountered during
ground-disturbing
activities, work within
To ensure
protection of
on-site
Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning and
During
construction
phase, if
archaeological
resources are
DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126534

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
of Cultural
Resources
50 feet shall be
halted and the project
archaeologist
meeting the
Secretary of the
Interior’s
Professional
Qualification
Standards for
archeology (National
Park Service 1983)
shall be contacted
immediately to
evaluate the find
pursuant to Public
Resources Code
Section 21083.2. If
necessary, the
evaluation may
require preparation of
a treatment plan and
archaeological
testing for CRHR
eligibility. If the
discovery proves to
be significant under
CEQA and cannot be
avoided by the
project, additional
work may be
warranted, such as
data recovery
excavation, to
mitigate any
significant impacts to
significant resources.

If the resource is of
Native American
origin,
implementation of
Mitigation Measures
TCR-1 may be
required. Any reports
required to document
and/or evaluate
unanticipated
discoveries shall be
cultural
resources.

Permit
Services
(Building)
Divisions
encountered
during grounddisturbing
activities.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126635

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
submitted to the City
for review and
approval and
submitted to the
NWIC after
completion.

Recommendations
contained therein
shall be implemented
throughout the
remainder of ground
disturbance
activities.

HAZ-1:

RWQCB
Regulatory
Agency
Submittal
Prior to issuance of a
grading permit, the
project applicant shall
retain a qualified
environmental
professional (EP), as
defined by the
American Society of
Testing and Materials
(ASTM) E-1527, to
prepare a Phase I
ESA in accordance
with standard ASTM
methodologies to
assess the project site
(including
development Lots 4,
5, and 6). The project
applicant shall submit
the Phase I ESA to
the Central Coast
RWQCB project
manager of the open
Cleanup Program Site
case. Additionally, the
project applicant shall
submit the following
documents to the
Central Coast
RWQCB Cleanup
project manager:

Current development
plan and any
modifications to
To ensure
protection
from
contaminate
d soil or
groundwate
r.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning
Division and
Public Works
Department –
Development
Engineering
Division
Prior to
issuance of a
grading permit
or other
ground
disturbing
work.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126736

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
the development
plan for Lots 1-9
All environmental
documents
completed for the
project (Lots 1-
9), including this
HMTS
All future
environmental
documents
completed for the
project (Lots 1-9)
Upon submittal of
the information
above, the Central
Coast RWQCB may
require actions such
as: development of
subsurface
investigation
workplans;
completion of soil,
soil vapor, and/or
groundwater
subsurface
investigations;
installation of soil
vapor or
groundwater
monitoring wells; soil
excavation and
offsite disposal;
completion of human
health risk
assessments; and/or
completion of
remediation reports
or case closure
documents.

Subsurface soil, soil
vapor, and
groundwater
investigations, if
required, shall be
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
conducted in
accordance with a
sampling plan that
shall be reviewed
and approved by the
Central Coast
RWQCB.

The Central Coast
RWQCB closure and
agency approval
documents shall be
submitted and
reviewed by the City
prior to issuance of
grading permits.

It should also be
noted that the Central
Coast RWQCB may
determine that
Monterey County
HMMS or the DTSC
may be best suited to
perform the cleanup
oversight agency
duties for the
assessment and/or
remediation of this
project. Should the
cleanup oversight
agency be transferred
from the RWQCB to
the Monterey County
HMMS or the DTSC,
this and other
mitigation measures
will still apply.

HAZ-2:

Subsurface
Investigation
The project applicant
shall retain a qualified
environmental
consultant
(Professional
Geologist [PG] or
Professional Engineer
[PE]) to prepare
subsurface
investigations, as
required by the
To ensure
protection
from
contaminate
d soil or
groundwate
r.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning
Division and
Public Works
Department –
Development
Prior to
issuance of a
grading permit
or other
ground
disturbing
work.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 126938

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
Central Coast
RWQCB, prior to
construction. The
subsurface
investigations may
include sampling of
the following suspect
release areas:

Stained asphalt and
concrete flooring
Drainage trench with
unlined effluent
ponds and
discolored fluids
Onsite hazardous
materials storage
and abandoned
unidentified
wastes
Onsite ASTs (waste
oil and ammonia)
Former onsite USTs
Former onsite auto
repair, machine
shop, and
gasoline station
Former (potentially
remaining onsite)
railroad tracks
and spurs
Former oil storage
warehouse
Additionally, these
subsurface
investigations may
include, but are not
limited to, completion
of:

Geophysical surveys
Soil, soil vapor,
and/or
Engineering
Division
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
groundwater
sampling
assessments
Laboratory analysis
for TPH, VOCs,
SVOCs, OCPs,
and metals
The subsurface
investigations shall
provide
recommendations to
address identified
hazards and indicate
when to apply those
recommended
actions in relation to
proposed project
activities. As part of
the subsurface
investigation,
analytical results
shall be screened
against the San
Francisco Bay
RWQCB
environmental
screening levels
(ESLs). These ESLs
are risk-based
screening levels for
direct exposure of a
construction worker
under various depth
and land use
scenarios.

Appropriate steps
shall be undertaken to
protect site workers
during project
construction and if
necessary, the public
during project
operation. This would
include the
preparation of a Soil
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
and Soil Vapor
Management Plan
(see Mitigation
Measure HAZ-3).

If contaminants are
detected at
concentrations
exceeding hazardous
waste screening
thresholds for
contaminants in soil
(CCR Title 22, Section
66261.24),
appropriate steps
shall be undertaken to
protect site workers
during project
construction and if
necessary, the public
during project
operation (see
Mitigation Measures
HAZ-3, HAZ-4, and
HAZ-5).

HAZ-3: Soil
and Soil
Vapor
Managemen
t Plan
The project applicant
shall retain a qualified
environmental
consultant (PG or PE)
to prepare a Soil and
Soil Vapor
Management Plan
(SSVMP) prior to
construction. Where
groundwater impacts
are identified during
implementation of
Mitigation Measure
HAZ-2, a groundwater
management section
shall be added to the
SSVMP. The SSVMP,
or equivalent
document, shall be
prepared to address
onsite handling and
management of
To ensure
protection
from
contaminate
d soil or soil
vapor.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning
Division and
Public Works
Department –
Development
and
Engineering
Division
Prior to
issuance of a
grading permit
or other
ground
disturbing
work.

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
impacted soils, soil
vapor, or other
impacted wastes, and
reduce hazards to
construction workers
and offsite receptors
during construction.

The plan must
establish remedial
measures and/or soil
management
practices to ensure
construction worker
safety, the health of
future workers and
visitors, and the offsite
migration of
contaminants from the
site. These measures
and practices may
include, but are not
limited to:

Stockpile
management
including
stormwater
pollution
prevention and
the installation of
Best
Management
Practices
(BMPs)
Proper disposal
procedures of
contaminated
materials
Monitoring and
reporting
A health and safety
plan for
contractors
working at the
site that
addresses the
safety and health
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
hazards of each
phase of site
construction
activities with the
requirements
and procedures
for employee
protection
The health and safety
plan will also
outline proper
soil handling
procedures and
health and safety
requirements to
minimize worker
and public
exposure to
hazardous
materials during
construction.

Prior to demolition
and grading
(construction), the
City shall confirm the
Central Coast
RWQCB’s approval
of the SSVMP. The
project applicant
shall review and
implement the
SSVMP prior to
demolition and
grading
(construction).

If odorous or visually
stained soils, other
indications of
hydrocarbon piping or
equipment, or debris
are encountered
during grounddisturbing activities,
work in the immediate
area shall be halted
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
and a qualified
environmental
consultant shall be
contacted immediately
to evaluate the
situation. Work may
continue on other
parts of the project
while impacted soil
investigation and/or
remediation takes
place.

HAZ-4:

Remediation
Where soil is known
to be impacted, or is
identified during
implementation of
Mitigation Measure
HAZ-2 (subsurface
investigation) to be
present, within the
construction envelope
at chemical
concentrations
exceeding hazardous
waste screening
thresholds for
contaminants in soil
(CCR Title 22, Section
66261.24), the project
applicant shall retain a
qualified
environmental
consultant (PG or
PE), to conduct
additional analytical
testing and
recommend soil
disposal
recommendations, or
consider other
remedial engineering
controls, as
necessary.

The qualified
environmental
consultant shall utilize
To ensure
protection
from and
proper
disposal of
contaminate
d soil.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning
Division and
Public Works
Department –
Development
Engineering
Division
Prior to
issuance of a
grading permit
or other
ground
disturbing
work.

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
the development site
analytical results for
waste characterization
purposes prior to
offsite transportation
or disposal of
potentially impacted
soils or other
impacted wastes. The
qualified
environmental
consultant shall
provide disposal
recommendations and
arrange for proper
disposal of the waste
soils or other
impacted wastes (as
necessary), and/or
provide
recommendations for
remedial engineering
controls, if
appropriate.

Remediation of
impacted soils and/or
implementation of
remedial engineering
controls may require
additional delineation
of impacts; additional
analytical testing per
landfill or recycling
facility requirements;
soil excavation; and
offsite disposal or
recycling.

The City shall confirm
the Central Coast
RWQCB’s approval of
the development site
disposal
recommendations
prior to transportation
of waste soils
offsite and review and
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
approve remedial
engineering controls,
prior to construction.

The project applicant
shall review and
implement the
disposal
recommendations
prior to transportation
of waste soils offsite
and review and
implement the
remedial engineering
controls prior to
construction.

HAZ-5:

Vapor
Mitigation
System
Where soil vapor is
known (or is identified
during implementation
of Mitigation
Measures HAZ-2,
HAZ-3, or HAZ-4) to
be present at
chemical
concentrations
exceeding the ESLs
for sub-slab/soil gas
(vapor) intrusion, the
project applicant shall
retain a qualified
environmental
consultant (PG or PE)
or other qualified
person to prepare a
vapor mitigation
system design for the
proposed project.

The plan shall
include, but is not
limited to:

Design specifications
Material
specifications
Installation
requirements
To ensure
protection
from soil
vapor.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning and
Permit
Services
(Building)
Divisions;
Public Works
Department –
Development
Engineering
Division
Prior to
issuance of a
grading permit
or other
ground
disturbing
work.

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
Monitoring
requirements
The project applicant
shall design and
implement
engineering
measures or
institutional controls
(e.g., soil vapor
barrier) to prevent
potential soil vapor
intrusion into new
residences or
businesses in
accordance with the
measures included
in the DTSC’s Vapor
Intrusion Guidance
Document – Final
(October 2011) and
Vapor Intrusion
Mitigation Advisory,
Revision 1 (October
2011).

Engineering
measures or
institutional controls
shall be submitted to
the City’s Permit
Services Division and
Current Planning
Division prior to the
issuance of any
grading or building
permits. Said
engineering measures
and institutional
controls shall be peer
reviewed by a
qualified third-party
contractor hired by the
City at the project
applicant’s expense to
confirm such
measures and
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
controls comply with
applicable regulations.

Consultation with the
DTSC or a local
cleanup agency may
be required to confirm
the appropriateness of
the measures and
controls.

The project applicant
and/or contractor shall
retain a qualified
professional to certify
that the accepted
measures and
controls are properly
constructed and
functioning at each
residence. Written
verification shall be
submitted to the City.

The efficacy of the
measures and
controls shall be
confirmed and
certified by a
qualified professional
pursuant to the
construction quality
assurance/quality
control testing
guidance of the
DTSC’s Vapor
Intrusion Guidance
Document – Final
(October 2011).

The project applicant
and contractor shall
incorporate a sub-slab
vapor barrier during
construction, the
implementation of
which would prevent
the potential for soil
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
gas VOCs from
migrating to indoor air.

The City shall confirm
the Central Coast
RWQCB’s approval of
the Vapor Mitigation
System Design prior
to construction. The
project applicant shall
review the Vapor
Mitigation System
Design and install the
system during
construction.

TRA-1:

Office Use
VMT
Reduction
Program
The applicant for
future office use
development shall
prepare and
implement a VMT
Reduction Program
that reduces VMT
generated by the
office components of
the project to VMT per
employee of 6.6 or
less. The VMT
Reduction Program
shall be reviewed and
approved by the City
prior to approval of
permits for proposed
office uses. The
strategies shall
include the following:

Reduce Transit
Headways and
Improve OnStreet Bike
Facilities.

Queue jump
lanes shall be
installed for
northbound MST
buses at the
Maple Street and
To ensure
that VMT
generated
by office
uses does
not exceed

6.6 VMT per
employee.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning
Division and
Public Works
Department
Prior to
approval of
permits for
proposed
office uses.

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
Abbott Street
intersection, and
bike lanes shall
be installed
along project site
frontages with
John Street and
Abbott Street.

The project
applicant shall
pay for the cost
of installation of
queue jump
lanes and bike
lanes.

Safe and Well-Lit
Access to
Transit. Office
uses shall
include
pedestrian
facility
improvements
along street
frontages, which
shall include
exterior lighting
along project
frontages served
by transit.

Preferential
Carpool/Vanpo
ol Parking
Spaces. Office
uses shall
include reserved
carpool/vanpool
spaces close to
the building
entrances based
on the City’s
parking
requirements.

Designated Parking
Spaces for Car
Sharing
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
Vehicles. Office
uses shall
provide
designated
parking spaces
for car sharing
vehicles.

Bike Charging
Facility. Office
uses shall
include a secure
bike charging
facility on site.

Pedestrian Network
Improvements.

Office uses shall
involve
pedestrian
network
improvements
throughout and
around the
project site that
encourage
people to walk.

Multimodal
Wayfinding
Signage. Office
uses shall
include
multimodal
wayfinding
signage to orient
users to
locations of
sustainable
transportation.

Bicycle Repair
Station/Service
s. Office uses
shall include onsite bicycle repair
tools and space
to use them to
support on-going
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
use of bicycles
for
transportation.

TCR-1:

Inadvertent
Discoveries
During
Construction

2. In the event
that cultural
resources of
Native
American
origin are
identified
during
grading or
construction,
all earth
disturbing
work within
the vicinity of
the find shall
be
temporarily
suspended
or redirected
until a
qualified
archaeologis
t has
evaluated
the nature
and
significance
of the find;
an
appropriate
Native
American
representativ
e, based on
the nature of
the find, is
consulted;
and
mitigation
measures
are put in
place for the
disposition
and
To ensure
the
protection of
on-site tribal
cultural
resources.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current
Planning and
Permit
Services
(Building)
Divisions
During the
construction
phase, if
cultural
resources of
Native
American origin
are identified.

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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
protection of
any find
pursuant to
Public
Resources
Code
Section
21083.2. If
the City, in
consultation
with local
Native
Americans,
determines
that the
resource is a
tribal cultural
resource and
thus
significant
under
CEQA, a
mitigation
plan shall be
prepared
and
implemented
in
accordance
with state
guidelines
and in
consultation
with local
Native
American
group(s)
prior to
continuation
of any earth
disturbing
work within
the vicinity of
the find. The
plan shall
include
avoidance of
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
the resource
or, if
avoidance of
the resource
is infeasible,
shall outline
the
appropriate
treatment of
the resource
in
coordination
with the
appropriate
local Native
American
tribal
representativ
e and, if
applicable, a
qualified
archaeologis
t. Examples
of
appropriate
mitigation for
tribal cultural
resources
include, but
are not
limited to,
protecting
the cultural
character
and integrity
of the
resource,
protecting
traditional
use of the
resource,
protecting
the
confidentialit
y of the
resource, or
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Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible
for
Monitoring:

Method to
Confirm
Implementatio
n
Timing for
Implementatio
n
heritage
recovery.

DocuSign Envelope ID: A1309FDD-83FA-4D33-BDAB-F4E0C228FF84 128655

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