AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY SEPTEMBER 12, 2023
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.
To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
1. CALL TO ORDER
2. ROLL CALL: Council Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
A. Swearing in of Maria Hernandez, New Code Enforcement Officer, by Chief Hunt
B. Jacob’s Heart Proclamation – Allyssa Gil-Ojeda, Outreach Coordinator will be accepting via Zoom.
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of August 22, 2023, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register August 16, through August 31, 2023
Recommendation: receive and file.
10. WORKSHOP
A. Consideration: Land Use Element and Housing Element Update Recommendation: 1) conduct a workshop and receive a presentation on the process of preparing updates to the Land Use Element and Housing Element; 2) provide an opportunity for public input and questions; 3) discuss concepts and alternatives; and 4) provide staff direction on alternatives involving the Land Use Element opportunity areas.
11. REGULAR BUSINESS
A. Consideration: Cannabis Cultivation Tax Rate Study Findings Recommendation: 1) receive a presentation from HdL Companies on the findings of the Cannabis Cultivation Tax Rate Study; and 2) direct staff to prepare a Resolution amending the cannabis cultivation tax rate to be 5%.
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
None
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer. 5(A)
Monthly Schedule, May 2023
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
5-1 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Zoom 5-1 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
5-3 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
5-5 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
5-5 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
5-5 Monterey County Mayors Association (MCMA), Soledad
5-8 Monterey-Salinas Transit BOPC Committee (MST), Monterey 5-8 Monterey-Salinas Transit (MST) Board of Directors,
Monterey
5-9 King City Council, Council Chambers
5-15 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
5-17 Monterey Bay Air Resource District (MBARD) Board of Directors, Monterey
5-17 Leadership Council/Governance Committee, Zoom
5-18 Joint BOD/BOS Leadership meeting Monterey County
Water Resource Agency BOD/BOS (MCWRA), Salinas
5-19 Coast Rail Coordinating Council (CRCC), San Luis Obispo 5-22 Salinas Valley Mayors and Managers (SVMM), Soledad 5-22 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 5-23 King City Council, Council Chambers
5-24 Transportation Agency of Monterey County (TAMC), Board of Directors, Chair, Salinas
5-25 Monterey County Convention & Visitors Bureau (MCCVB), Advisor, Monterey
5-30 Special Leadership Council/Continuum of Care, Zoom LOCAL-STATE-FEDERAL BRIEFINGS:
5-1 HUD Webinar, Zoom
5-4 HUD Briefing, Zoom
5-4 Whitehouse Briefing, Zoom
5-18 HUD Briefing, Zoom
5-25 Whitehouse Briefing, Zoom
ADDITIONAL MEETINGS/EVENTS
5-9 TAMC/King City Steering Committee, King City
5-10 104.3 SMG Radio Interview w/John Michael, Phone
5-12 Grocery Outlet Hearing, Monterey
5-25 District 2 Block Party, King City
5-26 Reading to San Lucas Students, San Lucas School
5-26 Panetta Post Office Dedication for Rudy Banuelos, King City 5-29 VFW Memorial Day Ceremony, King City
7(A)
Monthly Schedule, June 2023
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
6-2 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
6-2 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
6-2 Monterey County Mayors Association (MCMA), Carmel
6-5 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Zoom 6-5 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
6-7 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
6-7 Special South Salinas Valley Broadband Authority (SSVBA), Greenfield
6-12 Monterey-Salinas Transit (MST) Board of Directors, Monterey
6-13 King City Council, Council Chambers
6-15 Monterey County Convention & Visitors Bureau (MCCVB), Advisor, Zoom
6-20 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
6-21 Monterey Bay Air Resource District (MBARD) Budget, Personnel and Nominating Committee, Monterey
6-21 Monterey Bay Air Resource District (MBARD) Board of Directors, Monterey
6-26 Salinas Valley Mayors and Managers (SVMM), King City 6-26 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 6-27 King City Council, Council Chambers
6-28 Transportation Agency of Monterey County (TAMC), Board of Directors, Chair, Salinas
6-28 Leadership Council/Continuum of Care, Zoom
6-29 Monterey County Convention & Visitors Bureau (MCCVB), Advisor, Zoom
6-30 California Council of Governments (CalCOG) Board of Directors, Zoom
LOCAL-STATE-FEDERAL BRIEFINGS:
6-7 District 3 Supervisor Lopez/Mayors Briefing, Zoom
6-8 HUD Briefing, Zoom
6-8 Whitehouse Briefing, Zoom
6-22 HUD Briefing, Zoom
6-22 Whitehouse Briefing, Zoom
ADDITIONAL MEETINGS/EVENTS
6-1 TAMC Move It Monterey Challenge City Hall Winner
Ceremony, King City
6-1 CSUMB IIED Meeting, King City
6-7 104.3 SMG Radio Interview w/John Michael, Phone
6-7 South County ITN Steering Committee, Zoom
6-8 Monterey County Convention & Visitors Bureau (MCCVB) and Mayors Meeting, Zoom
6-11 APTA Rail Conference, Pittsburg PA
6-21 FHL Community Relations Executive Board, King City 6-22 Monterey County Water Resource Agency (MCWRA),
Board of Directors/Board of Supervisors Joint General Manager Review, Zoom
6-23 Blue Zones of Monterey County Steering Committee,
Salinas
6-26 FHL Farewell Ceremony, Fort Hunter Liggett
6-27 FHL Change of Command Ceremony, Fort Hunter Liggett 6-28 Darlene Acosta Youth Center Ribbon Cutting, King City 6-29 Speaker Robert Rivas Celebration, Sacramento
6-30 Speaker Robert Rivas Swearing In Ceremony, Sacramento Not official minutes of the meeting.
RE D U C E R E U S E R E C Y C L E
“To manage Salinas Valley solid waste as a resource, promoting sustainable, environmentally sound and cost-effective practices through an integrated system of waste reduction, reuse, recycling, innovative technology, customer service, and education.”
BOARD OF DIRECTORS
M E E T I N G HI G H L I G H T S
August 17, 2023
EDIBLE FOOD RECOVERY GRANT AWARD
The final round of grant funds for fiscal year 2022-23
for the local Countywide Edible Food Recovery
Program funds was awarded to Pajaro Valley Loaves
& Fishes (PVLF) in the amount of $10,025; $6,000
funded by the Authority. Recognizing the significant
need in the Pajaro Valley community after the winter
storms, the EFR Subcommittee reached out to PVLF,
one of the first grant recipients and who already had a presence in the community and immediate ability to assist with the impact of the natural disaster. PVLF will use the grant to help fund a part-time staffing position.
DISCUSSION ON LOCAL CHAMBERS AND BUSINESS ORGANIZATIONS MEMBERSHIP It was brought to the Board’s attention that the Salinas Valley Chambers of Commerce’s (SVCC) policy on political endorsements could raise a potential conflict of interest. The Authority Board discussed its membership with SVCC and other chambers and professional association memberships. Staff provided the options available to include the possible termination of the Authority’s membership with the SVCC. The Authority has utilized the membership with SVCC as an outreach tool for local businesses throughout the years. The Board directed staff to draft a policy related to memberships in business and professional organizations and present it to the Executive Directors for their input.
Once reviewed by the Executive Committee the policy will be presented to the Board for consideration.
NORTH COUNTY PUBLIC TRANSFER STATION CONCEPT
A report was provided on the idea of establishing a public service transfer station in the North Monterey County area as requested by one of the Board members. North Monterey County has experienced an increase in illegal dumping. It was advised that a suitable facility in the area could partly reduce the problem. Staff provided the concept of a potential transfer station located at the closed Crazy Horse Landfill. This concept had been previously analyzed, and the possible infrastructure requirements and the estimated cost of operation of a facility was explained to the Board. The Board requested staff to further analyze the concept and return with more detailed information on what the project would entail.
DISCUSSION ON THE STRATEGIC PLAINING WORKSHOP
The annual Strategic Planning Workshop is held to allow the Board to review and revise the Board Norms, the Mission, Vision and Values and establish new Goals and Priorities. The Board agreed to schedule the workshop towards the end of the year and/or the beginning of 2024 utilizing the same facilitator as the previous workshop.
FINANCIAL REPORT FOR MONTH ENDED JUNE 2023 (100% OF THE FISCAL YEAR) Revenue collected $ 25,349,731 (106.7% of Estimated Revenue of $23,764,900) Expenditures for operations $ 20,311,225 (94.7% of Operating Budget of $21,450,000) Cash balance $ 36,240,552
Arial view of the Crazy
Horse Landfill
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”
R E D U C I R R E U T I L I Z A R R E C I C L A R
JUNTA DIRECTIVA
N O T A S DE S T A C A D A S
17 de agosto 2023
(Agencia gubernamental de gestión de residuos sólidos)
PREMIO DE SUBVENCIÓN PARA LA RECUPERACIÓN DE ALIMENTOS
COMESTIBLES
La ronda final para el año fiscal 2022-23 para los fondos de subvención del Programa de Recuperación de Alimentos Comestibles local se otorgó a Pajaro Valley Loaves & Fishes (PVLF) en la cantidad de $10,025; $6,000 fundado por la Agencia. Reconociendo la necesidad importante en la comunidad del Valley de Pajaro después de las tormentas invernales, el Subcomité EFR quiso aprovechar al máximo los fondos restantes disponibles. El subcomité decidió comunicarse con PVLF, uno de los primeros beneficiarios de la subvención, y que ya tenía presencia en la comunidad y que podía inmediatamente asistir con el impacto del desastre natural . PVLF utilizara la subvención se para ayudar a financiar un puesto de personal a tiempo parcial.
DISCUSIÓN SOBRE LA MEMBRESÍA DE CÁMARAS LOCALES Y ORGANIZACIONES EMPRESARIALES Se informó al Consejo que la póliza de la Cámara de Comercio del Valle de Salinas (SVCC por sus siglas de ingles) sobre apoyos políticos posiblemente podría generar un conflicto de intereses. El Consejo de la Agencia discutió su membresía con SVCC y otras cámaras y membresías de asociaciones profesionales. El personal proporcionó las opciones disponibles para incluir la posible terminación de la membresía de la Agencia en el SVCC. La Agencia ha utilizado la membresía de SVCC como una herramienta de alcance para las empresas locales a lo largo de los años. El Consejo ordenó al personal que redactara una póliza relacionada con las membresías en organizaciones empresariales y profesionales y la presentara al Comité Ejecutivo para recibir sus comentarios. Una vez revisada por el Comité Ejecutivo la póliza será presentada al Consejo para su consideración.
CONCEPTO DE ESTACIÓN DE TRANSFERENCIA PÚBLICA EN EL NORTE DEL CONDADO Se proporcionó un informe sobre la idea de establecer una estación de transferencia de servicio público en el área del norte del condado de Monterey como solicitado por uno de los miembros del Consejo. El norte del condado de Monterey ha experimentado un aumento en los vertidos ilegales. Se advirtió que una instalación adecuada en la zona podría reducir en parte el problema. El personal proporcionó el concepto de una posible estación de transferencia ubicada en el vertedero cerrado de Crazy Horse. Previamente se había analizado este concepto, se le explicó al Consejo los posibles requerimientos de infraestructura y el costo estimado de operación de una instalación. El Consejo solicitó al personal que analizara más a fondo el concepto y regresara con información más detallada y sobre lo que implicaría el proyecto.
DISCUSIÓN SOBRE LA PLANIFICACIÓN ESTRATÉGICA
El Taller de Planificación Estratégica anual se lleva a cabo para permitir que el Consejo revise las Normas del Consejo, la Misión, Visión y Valores y establezca nuevas Metas y Prioridades. El Consejo acordó programar el taller hacia finales de año y/o principios de 2024 utilizando el mismo facilitador que el taller anterior.
INFORME FINANCIERO DEL MES FIN ALIZADO EN JUN IO 2023 (100% DEL AÑ O FISCAL) Ingresos recaudados $ 25,349,731 (106.7% del Ingreso Estimado de $23,764,900) Gastos de operaciones $ 20,311,225 (94.7% del Presupuesto Operativo de $21,450,000) Saldo de caja $ 36,240,552
Vista aérea del Relleno
Sanitario Crazy Horse
City Council Meeting
August 22, 2023
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre Council member Carlos DeLeon, Mayor Pro Tem Carlos Victoria, Council members Oscar Avalos and Rob Cullen were absent.
City Staff: City Manager Steve Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
Jesus Escutia with Monterey County Business Council out of Salinas is working the Business Building Back program. They have information on grants and loans. The 1st and 3rd Tuesday of the month they have office hours in Soledad and King City.
7. COUNCIL COMMUNICATIONS:
Council Member DeLeon stated he had nothing to report tonight.
Mayor Pro Tem Victoria reminded all that District 4 Block Party will be August 24th from 5:50-7:30pm.
Mayor LeBarre stated he had nothing to report tonight.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated that they have had a successful workshop with 9 businesses and reminded that the Blue Zones Community Walk/Bike/Run program is starting Wednesday September 6th at 6:00pm starting in Town Square every Wednesday through October.
City Attorney Roy Santos stated he had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of August 8, 2023, Council Meeting B. Consideration: City of King Check Register July 16, through July 31, 2023 C. Consideration: City of King KCCP Payments for the Month of July 2023 D. Consideration: City of King Check Register August 1, through August 15, 2023 9(A)
E. Consideration: A Resolution Authorizing to Execute Master Agreement with California Department of Transportation for State Funded Projects
Action: Motion to approve consent agenda items A- E by Victoria seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria
NOES: Council Members:
ABSENT: Council Members: Avalos, Cullen
ABSTAIN: Council Members:
10. PUBLIC HEARING:
None
11. REGULAR BUSINESS
None
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:05p.m. on a motion by DeLeon and seconded by Victoria.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 12, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
AUGUST 16 THROUGH AUGUST 31, 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 12, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT DIRECTOR,
SCOTT BRUCE, PRINCIPAL PLANNER
RE: CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE
RECOMMENDATION:
Staff recommends the City Council: 1) conduct a workshop and receive a presentation on the process of preparing updates to the Land Use Element and Housing Element; 2) provide an opportunity for public input and questions; 3) discuss concepts and alternatives; and 4) provide staff direction on alternatives involving the Land Use Element opportunity areas.
BACKGROUND:
The current State certified Housing Element (HE) is valid until the end of 2023 (Cycle 5).
The current HE was approved as an interim document in December 2015, revised in March 2016, and adopted as amended in November of 2016. As a Charter City, an approved HE is valid for a period of eight years. Once approved, the period of this Amended HE will be through December 2031 (end of the Cycle 6).
The current City of King Land Use Element (LUE) was originally approved in 1998 and amended in 2016 (the City adopted a comprehensive General Plan in 1998). Current growth in the City, the need for lower and moderate-income housing and the emergence of new state guidelines regarding the LUE are primary factors in the preparation of a new plan. In addition, the opportunity for character-building development is present near the emerging Transit Center at the Broadway / US 101 entry to downtown and at the First
CITY COUNCIL
CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
PAGE 2 OF 13
Street intersection with US 101. Staff has been working on the HE and the LUE since early 2020.
In July 2019, the City applied for a CA Grant (SB 2) to fund the preparation of the LUE.
The City application included tasks such as a public survey, recommendations for revisions to the Zoning Code and amendment / update to the current LUE text and maps.
The application also indicated that the City would focus on housing needs. The grant was approved in October of 2019. The City received funding through AMBAG for updating the HE.
In January 2020, work began with the preparation of a Community Survey which included questions regarding housing and land use issues. In March of 2020 the survey was mailed to 4,881 homes in King City. The response rate was slightly over 9%, a positive number for this type of survey. In August of 2020 the results of the survey were presented to the Planning Commission and to the City Council.
In Winter and Spring of 2022 and 2023 Cal Poly Planning Laboratories prepared and executed additional surveys.
Staff provided updates to the Planning Commission, City Council and public in April 2021, May 2022 and January 2023 (workshops). As staff nears the completion of the Public Review Draft, staff are providing the City Council with an overview of information gathered, tools and policies used to address the identified issues, an anticipated timeline to completion, and an additional opportunity for public input. The Workshop was promoted throughout the community in the City Newsletter distributed to each household and business.
Staff is requesting input on the HE and LUE. Specifically, staff would like input on Opportunity Zone No. 2, including whether to expand it to incorporate 218 North First Street and what the vision for that location would be (Reference questions below). The Planning Commission conducted a similar workshop at their September 5 th meeting. Input
received is provided below.
DISCUSSION:
Overview
Although we have previously discussed the appropriate policy and regulatory documents, because of the anticipated interest in tonight’s meeting we have again included a brief discussion.
What is a General Plan?
A General Plan is a broad, long-range policy document that guides future development, conservation, and is a comprehensive collection of goals and policies
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CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
PAGE 3 OF 13
related to a multitude of aspects of community life. In California, cities and counties are required by State law to have a General Plan. It is the local government’s longterm blueprint for future development. Pursuant to State law, the General Plan must accommodate the required amount of projected population growth the State of California estimates for each city.
It is the blueprint for any city’s development, and the California Supreme Court held the General Plan to be “the constitution for all future development.” (Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540.) Simply stated, the General Plan is the single most important planning document.
California requires seven elements within the General Plan: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. Option elements adopted can be adopted by a jurisdiction. The City of King’s Economic Development Element is an optional element. Consistency across all adopted elements is legally required.
What are Zoning Ordinances, Specific Plans and Opportunity Zones? Zoning ordinances implement General Plan policies through detailed development regulations, such as specific types of uses and building requirements. Zoning implements the General Plan with greater specificity as to what can be built where, development standards, parking requirements, etc. Specific plans, such as the Mills Ranch Specific Plan and the Downtown Addition Specific Plan also implement the General Plan. It effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts, or as detailed as providing direction to every facet of development from the type, location and intensity of uses to the design and capacity of infrastructure; from the resources used to finance public improvements to the design guidelines of a subdivision. Opportunity Zones, being introduced in this update to the LUE, allow new land within an identified area and introduce specific development standards for that area to be established in the upcoming Development Regulations (Zoning Code) Update.
Why Update the General Plan?
State law requires cities to updated General Plans. A city must be prepared to manage industry changes and population growth. Pursuant to State law, the General Plan must accommodate the projected population growth of the State for each local jurisdiction or city. The City’s obligations to create housing are detailed in the City’s stateapproved General Plan HE. The LUE is legally required to be consistent with the HE.
What is a Land Use Element?
The LUE describes objectives, policies, and programs for areas within a city’s boundaries in both narrative and graphic terms and establishes development criteria and standards. This includes a map of allowable land uses, building types, and heights. Land use categories are used to depict the general distribution, location, and extent of public and private uses of land. It includes forecasts for jobs and population
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CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
PAGE 4 OF 13
and establishes policy to accommodate those projections. It includes implementation measures to guide future public and private investment and development.
What is a Housing Element?
Since 1969, housing elements have been a mandatory chapter of local General Plans in California. An HE provides an analysis of a community’s housing needs for all income levels and strategies to provide for those housing needs. It includes goals, policies, programs and objectives to guide future housing growth to meet the needs of residents of all income levels in King City. It also Identifies projected housing needs by income category and requires certification by the State Department of Housing and Community Development (HCD) for compliance with State housing laws. An HCD certified HE enables the City to be eligible for various State grants and funding sources. The State requires that the HE be updated and certified regularly to reflect the most recent trends in demographics and employment that may affect existing and future housing demand and supply. The HE is the only General Plan Element required to be approved by the State. The HE is updated every eight years and the upcoming 2023-2031 HE is the 6th Cycle Update. The current State certified HE is the 5th Cycle Update from 2014-2023.
As noted above, the current LUE became effective in May 2016, amending and updating the existing document. The primary purposes of the amendment were primarily to discuss the Multimodal Transit Center (MMTC), mixed use development and consistency with the 5 th Cycle HE. The current effort builds off the amended document.
King City is largely “built out” with the current LUE and Zoning Code providing land use and zoning for the entire community. No significant growth will occur through the development of undeveloped or agricultural land.
In this Update, Opportunity Zones are being introduced (See Exhibit 3) The Opportunity Zones are intended to encourage affordable residential development and commercial development appropriate to the area. For example, “Gateways” to the City should include attractive retail, tourist oriented and residential development; the area around the emerging MMTC should feature residential and retail uses that support the Center and the historic Downtown District. The land uses from the MMTC area will blend into and compliment the historic Downtown District. The interchange at First Street and US 101 is another Gateway to the City. This area is an opportunity for more intense commercial development and higher density residential development.
The LUE Update will identify and resolve conflicts / inconsistencies between the Land Use and Zoning Maps. It will also address map revisions needed to bring the map into conformance with previous development approvals.
CITY COUNCIL
CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
PAGE 5 OF 13
Public Survey
In March 2021 4,881 LUE surveys were mailed to homes in King City. The response rate was approximately 9%. The survey covered a range of issues including housing, availability of retail stores, height of buildings in Opportunity Zones, mixed-use in the Broadway Corridor / Downtown and future technologies. The responses from this survey have been incorporated into the preparation of the LUE Amendment.
In December 2022, the Cal Poly Student Planning Laboratory attended the Christmas Parade and other community activities to conduct another survey and participated in other planning activities. These formal and informal surveys and planning activities informed their study of the City during Fall and Winter Quarters. That information became available in Spring of 2023
Opportunity Zones
As noted above, three Opportunity Zones have been identified. Opportunity Zone 1 is located along Broadway near its intersection with San Antonio Drive. Opportunity Zone 2 is located on First Street and the location of the future MMTC. Opportunity Zone 3 is located at the intersection of First Street and US 101. (See Exhibit 3 ) Staff would like the City Council’s input on Opportunity Zone 2, and in particular, whether to expand it to incorporate 218 North First Street and what should be planned there.
Changes to the Housing Element
Every eight years, the Association of Bay Area Governments (AMBAG), under the direction of state of California Department of Housing and Community Development (HCD) issues a Regional Housing Needs Allocation (RHNA) for Monterey County. In 2015, the total allocation required of King City was 180 units. The 2023 allocation is 702 units. The current number of total housing units in King City is 3,505 . This means, the 6th Cycle HE will have to include goals, and policies that illustrate how the City will encourage 702 units to be built over the eight-year period. In turn, The LUE should reflect affordable housing to the extent possible.
These allocations are broken down by income categories, Very Low (Less than 50% of County Median Income (AMI); Low (50% to 80% of AMI); Moderate (80% to 120% of AMI); and Above Moderate (over 120% AMI). For this cycle (Cycle 6), King City’s allocation includes 97 Very Low, 63 Low, 178 Moderate and 364 Above Moderate for a total of 702 units. Based on a variety of factors including policy and regulatory efforts and current and anticipated projects, King City will be able to meet this allocation requirement.
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Evolving Changes to Land Use Elements
The scope and purpose of a General Plan LUE changes over time. Since the time that King City’s last LUE amendment was approved, a number of new items have been identified. These include, but are not limited to, Environmental Justice/Social Equity, Sustainability and Climate Change, Homelessness, Health and Economic Opportunity, Action Living and Recreation, Social Connection and Safety, Nutrition and Equal Access to Healthy Food, Air Quality and Environmental Health Exposure, Healthy Safe and Sanitary Housing, Health and Human Services, and Community Engagement.
Staff has reviewed the State’s Model Policies for Environmental Justice and is making amendments to the City’s LUE as appropriate. Senate Bill 1000, The Planning for Healthy Communities Act, was signed by Governor Brown in 2016 and requires cities and counties with disadvantaged communities to incorporate Environmental Justice policies into their General Plans. Within SB 1000, there are seven primary objectives:
• Prioritize the Needs of Our Disadvantaged Communities • Promote Civic Engagement
• Improve Access to Public Facilities
• Promote Food Access
• Promote Safe and Sanitary Housing
• Reduce Pollution Exposure
• Promote Physical Activity
The LUE will incorporate goals and policies to comply with SB 1000. SB 1000 requires the General Plan contain policies to promote “civil engagement.” The goals and policies will address community issues in equity and development of an ongoing level of community engagement involving environmental problems in the pubic decision-making process that can impact health and well-being.
Largely because the City of King is somewhat “landlocked” by being surrounded largely by an Agricultural Preserve, the focus of the LUE Update is to identify areas that allow larger housing and shopping choices within the current city limits, while also focusing on Downtown improvements.
Housing Element and Land Use Element Coordination
Responses to the previous surveys indicate that residents’ priorities include variety and affordability of housing, additional shopping opportunities and an active and vital downtown. The LUE Update identifies locations where new efforts to address these comments can be initiated. The Housing Element identifies current demographic trends, ownership patterns, housing affordability and types of housing that are included in the RHNA requirement. Accompanying this effort is a revision to the Zoning Code (a part of
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CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
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transitioning to “Development Regulations”) which provides height, coverage, setback, parking and similar standards – focused on the new Opportunity Zones.
Development Regulations
As noted above, staff is currently preparing recommended changes to the Zoning Code “Development Regulations”, providing standards for development in the various districts of the Opportunity Zones. Those Districts include Highway Service District (HSD), Mixed Commercial District (MCD) and Mixed Residential District (MRD). These Development Code Regulations will provide standards for height, coverage, floor area (FAR), setbacks, landscaping, parking and other items.
Land Use / Zoning Consistency
Over time, inconsistencies arise between land use maps and zoning maps as new approvals occur. Additional review brings to light nuances related to particular land use and zoning designations. Revision of an LUE is a good time to review designations. For King City, the NC (CN) or Neighborhood Commercial Land Use/NC Neighborhood Commercial Zone is an example. Uses at the entries to the Broadway and First Street Corridor are under review. Individual lots are also being evaluated.
Mapping
The Land Use Element will contain maps for illustration. Staff has prepared several maps that Illustrate various topics that are covered in the LUE text. Some of these include:
• Trails
• Residential Density
• Neighborhoods
• Infrastructure
• Growth Constraints
• Fire Hazards
• Farmland
• Disadvantaged Communities
• Community Facilities
• Commercial Use Types
• City Parcels
• City Overview
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CONSIDERATION OF LAND USE ELEMENT AND HOUSING ELEMENT UPDATE SEPTEMBER 12, 2023
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Tentative Schedule to Adoption
Workshops:
• September 5 and September 12: Planning Commission and City Council Public Workshops
• October 3: Planning Commission Update
Housing Element:
• October 2: Draft Submittal to HCD (State law requires submittal 90-days prior to adoption)
• November 7: Planning Commission Housing Element Process Update • December 5: Planning Commission Interim Approval Hearing • December 19: City Council Interim Approval Hearing
* A Housing Element is submitted to the California Department of Housing and Community Development (HCD) for review. In our processing scenario we anticipate submitting a draft document to HCD in early October. However, it is difficult to accurately predict the period of time of the HCD review. Therefore, as with the Cycle 5 Housing Element we are anticipating the approval of an Interim Housing Element while waiting for completion of HCD review / comments.
Land Use Element:
• October 3: Environmental Document Available for Review / LUE and Development Regulations Update
• November 2: Environmental Document Review Period closes • November 7: Planning Commission Approval Hearing
• November 14: City Council Approval Hearing
Specific Questions for City Council Consideration
1. 218 North First Street (Fresh Harvest Meyer’s Farmworker Housing): In 2016, a conditional use permit (CUP) was approved to allow the warehouse to be used as a temporary 10-year farmworker ‘dorm style” housing project for 214 employees in a barrack style arrangement for 5 years with the potential for five 1-year extensions. In 2018, the Planning Commission approved an additional 150 beds for a total of 364 beds. A third extension of time was approved by the Planning Commission on September 5th. The ten-year approval period expires on September 20, 2026.
Staff met with the owners of the Fresh Harvest Meyer’s Farmworker Housing project regarding its future. The property owner discussed an additional 5-years to the temporary 10-year approval period.
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Extension Beyond 10-Years
• Apply for a new conditional use permit and bring the project into compliance with current requirements of the King City Municipal Code and CEQA to make the project a permanent use. In addition, the building would need to be brought into compliance with current Building, Electrical, Fire and Health and Safety Code requirements for dormitory style housing.
• Abide by the approved temporary CUP and discontinue use at the end of 10 years, or sooner should the project no longer qualify for an annual extension. • Amend the King City Municipal Code to reduce the requirements necessary to bring the project into conformance with the Municipal Code requirements.
However, this would not exempt the project from coming into compliance with current CEQA requirements and Building, Electrical, Fire and Health and Safety Code requirements for dormitory style housing. Therefore, there may still be significant improvements needed due to the fact that some environmental impacts and Code requirements were not addressed in the original approval based on the assumption that the project was only going to be in existence for a temporary period.
• If farmworker housing is inconsistent with the Planning Commission and City Council vision for this area, exclude it as an allowed use in the Land Use Element and Zoning Code. This would require the Planning Commission and City Council to direct staff to exclude farmworker housing as allowed use in the Land Use Element and Zoning Code update. It would not impact the current temporary CUP, but it would expire at the end of the 10 years.
Land Use Options
Other future land use options to consider for the 218 N. First Street property include:
• Mixed use (commercial and residential).
• High density residential.
• Commercial uses.
2. Brief Discussion of Land Uses and Intensities for Opportunity Zones 1,2 and 3 (See Exhibits 4,5 and 6.
As noted above, each Opportunity Zone will have a set of Land Uses and Development Regulations that are different from existing underlying zone. These Uses and Regulations are largely based on the West Broadway Master Plan and an
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example project that was presented to the City Council during the January 2023 Update.
Tonight, Staff will briefly review and summarize the public discussion from January 17, 2023 regarding land uses and development standards in the Opportunity Zones.
As the Land Use Element is being prepared, the Development Regulations are being formulated. Staff would like to hear any additional thoughts from the City Council regarding the suggested Uses and Regulations for each Opportunity Zone. The topics will include:
• height,
• lot coverage,
• floor area ratio (FAR),
• potential for housing that is affordable to lower-income groups • the potential for reduced parking.
The methods of addressing these topics varies by Opportunity Zone and by Land Use.
We will also discuss the suggested Land Uses as shown in the Tables, Exhibits 9,10 and 11.
Public Notice of Workshops
Property owners of parcels in and within 300’ of Opportunity Zones 1, 2 and 3 were notified of the Planning Commission and City Council Workshops. An announcement was included in the City’s monthly newsletter.
September 05, 2023 Planning Commission Workshop Comments A Planning Commission Workshop was conducted on September 5, 2023. Staff presented a progress Update on the Housing and Land Use Elements and introduced items for potential discussion.
As part of Staff comments, Director Liberto noted that the Property Owner’s request under Item #1 of the 10-year extension could not be accomplished without a new CUP application, per the City Attorney's Office.
Suggested items of discussion included:
1. Use of height, Floor Area Ratio (FAR) and lot coverage to achieve Downtown goals and density / intensity increases
2. Potential for reduction in parking requirements based on percentage of affordability and / or senior’s use
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3. Land uses in Highway Services (HSD), Mixed Commercial (MCD) and Mixed Residential Districts
4. Preferred land uses in Opportunity Zones 2 and 3
5. Potential use of 218 First Street Site
The Planning Commission’s comments included:
• Additional residential development to the east along Bitterwater Road would be a positive. Staff responded that this would be part of the Downtown Addition Specific Plan.
• Concern was expressed in response to Staff comment regarding the potential for a reduction in required parking (in the Op Zones), based on the number of seniors and percentage of affordable housing. The details are being developed as part of the Development Regulations Amendments.
• Concern was expressed by one Commissioner regarding the marketability of smaller units in three-story structures.
• The concept and look of three-story higher density structures were supported • The potential uses allowed in Op Zone 3 and its role as a gateway were discussed The public comments and discussion included:
• Clarification was requested regarding length of the platform and configuration of the Transit Center.
• Based on discussion, Staff explained that Pearl Street would be closed and Broadway Street opened on the east side of First Street. • Potential commercial uses for the area around Pearl Street were briefly discussed • In response to Staff comment regarding potential for mixed-use development in Op Zone 2 near Bitterwater Road the property building owner indicated that, in their opinion, the current use was the highest and best use and that demolition and reconstruction on the current building site was not financially feasible. • The Legal Counsel for 218 First Street indicated that the owner would request that the City Attorney review Municipal Code Section 17.58.090 – Exemptions.
COST ANALYSIS:
Redevelopment activities are anticipated to result in an overall economic benefit to the City, but no direct cost impacts are projected from the proposed alternative actions.
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ENVIRONMENTAL COMPLIANCE:
As was noted at the last information session, Staff prepared an initial environmental evaluation of the three proposed Opportunity Zones. As part of the environmental review for the three Opportunity Areas, the California Emissions Estimator Model (CalEEMod) was used to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with the operations of the various new land uses. The operational activities that the model evaluated were Vehicle Miles Traveled (VMT) and energy use.
Upon additional evaluation, Staff has recommended that the City work with a third-party consultant to focus on VMT analysis. The consultant (Kinley-Horn) is now under contract for preparation of Phase 1 with the Phase 2 to present contract to be presented to the City Council later in September. The consultant’s analysis is anticipated to be completed at the end of September. This analysis will evaluate the primary impact areas of the LUE (Opportunity Zones). This in turn provides evaluation for the very large majority of areas that might be impacted by new housing. Staff anticipates that the LUE environmental analysis will provide sufficient review of the potential HE impacts.
The consultant’s work will provide a basis for a determination of / recommendation for the proper environmental document.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Provide comment to staff to proceed with the preparation of the HE and LUE as presented;
2. Provide comment to staff regarding the Land Uses as presented and the Development Standards as discussed
3. Provide comment to staff regarding Land Uses preferred in Op Zones 2 and 3
4. Provide comment to staff regarding a minimum parking ratio
5. Provide staff other direction.
Exhibits:
1. Current Land Use Map
2. Vacant Parcels
3. Proposed Opportunity Zones
4. Opportunity Zone 1
5. Opportunity Zone 2
6. Opportunity Zone 3
7. Design Considerations
8. Architectural Example
9. Concept Land Uses Table Op Zone 1
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METZ RD
BROADWAY ST
SAN ANTONIO DR
BITTERWATER RD
KING ST
SOUTH 1ST ST
AIRPORT DR
CANAL ST
DIVISION ST
ELLIS ST
BASSETT ST
RIVER DR
LYNN ST
PEARL ST
SPRECKELS RD
NORTH 2ND ST
NORTH MILDRED AVE
INDUSTRIAL DR
SUSSEX WAY
COLLINS ST
SOUTH 2ND ST
LEWIS
7 TH ST
LONOAK RD
WILLOW ST
NORTH RUSS AVE
JAYNE ST
EAST SAN ANTONIO DR
MEYER AVE
ERMOSA WAY
NORTH VANDERHURST AVE
SOUTH 3RD ST
CALCAGNO ST
REICH ST
VILLA DR
BLUFF AVE
WALKER AVE
PATTERSON ST
AMHERST DR
LEGACY DR
SOUTH LORENZO AVE
BEDFORD AVE
ULREY ST
BROADWAY CIR
SOBERANES ST
RAILROAD AVE
DIVINA WAY
LEEDS AVE
SOUTH VANDERHURST AVE
RIO VISTA DR
FRANCISCAN WAY
LIVINGSTON AVE
SAND
FORDEN DR
WENTWORTH ST
NANTUCKET
NORTH LORENZO AVE
BIKLE DR
OXFORD AVE
CAMPBELL AVE
ANDRUS
SPRUCE DR
CAMBRIDGE
NORTH 3RD ST
TALBOT ST
KEATS AVE
SANDOWN ST
PARK PL
MUSTANG CT
CARLSON AVE
BRANDYWINE LN
DON BATES WAY
VIVIAN ST
SUSSEX CT
PINE CIR
KINGS PL
ST
BITTERWATER RD
HAVEN
STREET
SHEERWOOD AVE
VAN
MILDRED
AVE
VANNORT AVE
LON SING AVE
ETTEN AVE
WINDSOR ST
COLLINS ST
WAY
WAY
SAN ANTONIO DR
SOUTH MILDRED AVE
MAPLE ST
SYCAMORE ST
COPLEY AVE
NORTH 1ST ST
BROADWAY ST
BEVERLY
CT
CANAL ST
RIO VISTA CT
STATE HIGHWAY 101
STATE HIGHWAY 101
STATE HIGHWAY 101
GROVE PL
WALNUT PL
MONTE VISTA PL
ST
BRIGHTON AVE
BISHOP ST
BEECH ST
HERITAGE
CT
WIND SOR CT
RINGHAM
LDR
LDR
OS
MHDR
MHDR
MDR/
LDR MHP MHDR
LDR
LDR
RCT
MDR
MHDR
HSC
HSC
RC
HDR
MDR
LDR
HSC
LDR
NC
MHDR
MHDR
PQ
PD
MHDR
HDR
LDR
MDR
LDR
GC
MDR
MHDR
LDR
PD
PQ
HDR
OS
GC
RCT
Text
SALINAS RIVER
SAN LORENZO CREEK
GI
PD
PD
PD
OS
PD
PD
PQ
OS
LI
PQ
RC
AG
OS
GI
PD
OS
PQ
PQ
PD/MHP
LI
GI
PD/
MHP
HSC
PQ
NC
GC
HSC
HDR
PQ
NC
HSC
OS
PD
HSC
HDR
LI
Source: City of King. Land-use designations are subject to change. .
PQ
Wastewater Treatment Plant Detail
STATE HIGHWAY
101
To Wastewater Treatment Plant
(See Detail Below)
REVISED 31 MARCH 2015
GENERAL PLAN
LAND-USE
0 1,200 2,400
Feet
not to scale
Legend
City Limit
Parcels
LDR - LOW DENSITY RESIDENTIAL
MDR - MEDIUM DENSITY RESIDENTIAL
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PD/MHP - PLANNED DEVELOPMENT / MOBILEHOME PARK
MDR/MHP - MEDIUM DENSITY RESIDENTIAL / MOBILEHOME PARK
MHDR - MEDIUM HIGH DENSITY RESIDENTIAL
HDR - HIGH DENSITY RESIDENTIAL
PD - PLANNED DEVELOPMENT
AG - AGRICULTURE
OS - OPEN SPACE
NC - NEIGHBORHOOD COMMERCIAL
GC - GENERAL COMMERCIAL
RC - RETAIL COMMERCIAL
RCT - RETAIL COMMERCIAL / TRANSITIONAL
HSC - HIGHWAY SERVICE COMMERCIAL
PQ - PUBLIC / QUASI PUBLIC
LI - LIGHT INDUSTRIAL
GI - GENERAL INDUSTRIAL
Land-Use Designations
EXHIBIT 1
VACANT PARCELS Exhibit 2
EXHIBIT 3
PROPOSED OPPORTUNITY ZONES
Broadway Street
Canal Street
Bassett Street
Willow Street
Broadway Circle
North Mildred Avenue
San Antonio Drive
Franciscan Way
Reich Street
7th Street
Ellis Street
Talbot Street
Spruce Drive
South Mildred Avenue
Lynn Street
North Lorenzo Avenue
Mustang Court
Division Street
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
.
Opportunity Area #1 FIGURE 1-1
Opportunity Area #1
Proposed Land Use
Highway Serving (HSD) - 11.3 acres
Mixed Use Commercial (MCD) - 8.6 acres
Mixed Use Residential (MRD) - 7.0 acres
Highschool
EXHIBIT 4
^_
Pearl Street
Bassett Street
Jayne Street
1st Street
South 2nd Street
Railroad Avenue
North 1st Street
Lynn Street
Broadway Street
South 3rd Street
North 2nd Street
South 1st Street
Ellis Street
Metz Road
Bitterwater Road
Haven Drive
East Pearl Street
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
.
Opportunity Area #2 FIGURE 1-3
Opportunity Area #2
^_ Future Multi-Modal Station
Proposed Land Use
Mixed Use Commercial (MCD) - 7.0 acres
Mixed Use Residential (MRD) - 1.2 acres
Downtown Addition Specific Plan Area
Discussing Options for Area " "
Discussing Options for Area " "
EXHIBIT 5
South 1st Street
Lonoak Road
Division Street
Villa Drive
South 3rd Street
Haven Drive
Walnut Place
Grove Place
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
.
Opportunity Area #3 FIGURE 1-2
City Limits
Sphere of Influence
Opportunity Area #3a
Opportunity Area #3b
Proposed Land Use
Highway Serving (HSD) - 14.0 acres
Mixed Use Commercial (MCD) - 13.8 acres
Mixed Use Residential (MRD) - 26.7 acres
£¤101
EXHIBIT 6
EXHIBIT 7
DESIGN CONSIDERATIONS
EXHIBIT 8
EXAMPLE ARCHITECTURAL FEEL
OPPORTUNITY ZONE 1
LAND USE TYPE ZONE
HSD MCD4 MRD
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Commercial recreation facility, indoor
Less than 1,500 sf C P NP2
More than 1,500 sf P C NP2
Health / Fitness Facility
Less than 1,500 sf C P NP2
More than 1,500 sf P C NP2
Library, Museum or Art Gallery P P C
Meeting Place, Public or Private P C NP2
Nursery – Less than 8,000sf P C NP
Park, playground NP C C
School, Public or Private NP C C
Studio: Art, Dance, Martial Arts, Music, etc.
Less than 1,500 sf C P NP2
More than 1,500 sf P C NP2
Theater, Cinema or Performing Arts
Less than 5,000 sf C P NP2
More than 5,000 sf P C NP2
RESIDENTIAL
Ancillary Building NP NP2 NP2
Dwelling: Multi-Family-Rowhouse NP NP C
Dwelling: Multi-Family-Triplex NP NP C
Dwelling: Multi-Family-Fourplex or Larger NP NP P
Group Home: 6 or fewer residents NP NP2 C
Group Home: 7 pr more residents NP NP2 C
Live / Work Unit NP P P
Mixed-Use Project Residential Component NP P P
RETAIL
Artisan Shop NP2 P P
Bar, Tavern, Night Club P C NP2
General Retail, except with any of the following features:
Alcoholic Beverage Sales, Off Premise C NP2 NP2
Floor Area over 8,000 P NP2 NP
On-Site Production of Items Sold C P C
Operating between 9pm and 7am C NP2 NP
Neighborhood Market less than 8,000sf C C C
Neighborhood Market more than 8,000sf P NP2 NP
Nursery less than 10,000sf C NP2 NP
Restaurant, Café, Coffee Shop P P P
SERVICES: BUSINESS, PROFESSIONAL, FINANCIAL
ATM or Bank P P C
Business Support Service C P C
EXHIBIT 9
HSD MCD MRD
Medical Services:
Clinic, Urgent Care P C NP2
Doctor Office P C NP2
Extended Care P NP2 NP
Office:
Business, Service C P NP2
Professional, Administrative C P NP2
SERVICES: GENERAL
Bed and Breakfast NP2 P P
Lodging P P C
Financial Services C P C
Personal Services C P C
Child Day Care Center C C NP2
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
Wireless Communications Facilities C C NP2
VEHICLE SERVICES
Auto Refueling Station P C NP
Auto Service P NP2 NP
Auto Sales P NP2 NP
NP = Not Permitted
C = Compatible
P = Permitted
1 New Development Requires a CUP
2 Redevelopment (less than XX % change in floor area) requires Plot Plan and Architectural Review 3 Similar uses permitted or conditionally permitted, as determined by the Director or the Planning Commission to be of the same general character as the listed uses
4 Residential uses allowed on second floor only
OPPORTUNITY ZONE 2
LAND USE TYPE ZONE
HSD MCD4 MRD
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Commercial recreation facility, indoor --
Less than 1,500 sf -- P NP2
More than 1,500 sf -- NP2 NP
Health / Fitness Facility --
Less than 1,500 sf -- C NP2
More than 1,500 sf -- NP2 NP
Library, Museum or Art Gallery -- C NP2
Meeting Place, Public or Private -- C NP
Nursery – Less than 8,000sf -- C NP
Park, playground -- NP2 NP
School, Public or Private -- NP2 NP
Studio: Art, Dance, Martial Arts, Music, etc. --
Less than 1,500 sf -- C NP2
More than 1,500 sf -- NP2 NP
Theater, Cinema or Performing Arts --
Less than 5,000 sf -- NP2 NP
More than 5,000 sf -- NP NP
RESIDENTIAL
Ancillary Building -- NP2 NP2
Dwelling: Multi-Family-Rowhouse -- NP2 C
Dwelling: Multi-Family-Triplex -- NP2 C
Dwelling: Multi-Family-Fourplex or Larger -- NP2 C
Group Home: 6 or fewer residents -- NP2 C
Group Home: 7 pr more residents -- NP2 C
Live / Work Unit -- P P
Mixed-Use Project Residential Component -- P P
RETAIL
Artisan Shop -- P P
Bar, Tavern, Night Club -- NP2 NP
General Retail, except with any of the following features: -- Alcoholic Beverage Sales, Off Premise -- NP2 NP
Floor Area over 8,000 -- NP2 NP
On-Site Production of Items Sold -- P P
Operating between 9pm and 7am -- NP2 NP
Neighborhood Market less than 8,000sf -- C NP2
Neighborhood Market more than 8,000sf -- NP NP
Nursery less than 10,000sf -- NP2 NP
Restaurant, Café, Coffee Shop -- P C
SERVICES: BUSINESS, PROFESSIONAL, FINANCIAL
ATM or Bank -- C NP2
Business Support Service -- C NP2
EXHIBIT 10
HSD MCD MRD
Medical Services:
Clinic, Urgent Care -- NP2 NP
Doctor Office -- NP2 NP
Extended Care -- NP2 NP
Office: --
Business, Service -- C C
Professional, Administrative -- C C
SERVICES: GENERAL
Bed and Breakfast -- C C
Lodging -- C NP2
Financial Services -- C NP2
Personal Services -- C NP2
Child Day Care Center -- C NP2
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
Wireless Communications Facilities -- C NP2
VEHICLE SERVICES
Auto Refueling Station -- NP NP
Auto Service -- NP NP
Auto Sales -- NP NP
--
NP = Not Permitted
C = Compatible
P = Permitted
1 New Development Requires a CUP
2 Redevelopment (less than XX % change in floor area) requires Plot Plan and Architectural Review 3 Similar uses permitted or conditionally permitted, as determined by the Director or the Planning Commission to be of the same general character as the listed uses
4 Residential uses allowed on second floor only
OPPORTUNITY ZONE 3
LAND USE TYPE ZONE
HSD MCD4 MRD
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Commercial recreation facility, indoor
Less than 1,500 sf C P NP2
More than 1,500 sf P C NP2
Health / Fitness Facility
Less than 1,500 sf C P C
More than 1,500 sf P C NP2
Library, Museum or Art Gallery P P NP2
Meeting Place, Public or Private P C NP2
Nursery – Less than 8,000sf P C NP2
Park, playground P P C
School, Public or Private C C NP2
Studio: Art, Dance, Martial Arts, Music, etc.
Less than 1,500 sf NP2 P C
More than 1,500 sf C P NP2
Theater, Cinema or Performing Arts
Less than 5,000 sf P C C
More than 5,000 sf P C NP2
RESIDENTIAL
Ancillary Building NP NP2 NP2
Dwelling: Multi-Family-Rowhouse NP NP P
Dwelling: Multi-Family-Triplex NP NP P
Dwelling: Multi-Family-Fourplex or Larger NP NP P
Group Home: 6 or fewer residents NP NP2 C
Group Home: 7 pr more residents NP NP2 C
Live / Work Unit NP P P
Mixed-Use Project Residential Component NP P P
RETAIL
Artisan Shop NP2 P P
Bar, Tavern, Night Club P C NP2
General Retail, except with any of the following features:
Alcoholic Beverage Sales, Off Premise C NP2 NP
Floor Area over 8,000 P NP2 NP
On-Site Production of Items Sold NP2 P C
Operating between 9pm and 7am P C NP2
Neighborhood Market less than 8,000sf C P NP2
Neighborhood Market more than 8,000sf P C NP
Nursery less than 10,000sf C NP2 NP
Restaurant, Café, Coffee Shop P P P
SERVICES: BUSINESS, PROFESSIONAL, FINANCIAL
ATM or Bank P P C
Business Support Service C P C
EXHIBIT 11
HSD MCD MRD
Medical Services:
Clinic, Urgent Care P C NP2
Doctor Office P C NP2
Extended Care C NP2 NP
Office:
Business, Service C P NP2
Professional, Administrative C P NP2
SERVICES: GENERAL
Bed and Breakfast NP2 P P
Lodging P P C
Financial Services C P C
Personal Services C P C
Child Day Care Center C C NP2
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
Wireless Communications Facilities P P P
VEHICLE SERVICES
Auto Refueling Station P C NP2
Auto Service P P NP2
Auto Sales P C NP
NP = Not Permitted
C = Compatible
P = Permitted
1 New Development Requires a CUP
2 Redevelopment (less than XX % change in floor area) requires Plot Plan and Architectural Review 3 Similar uses permitted or conditionally permitted, as determined by the Director or the Planning Commission to be of the same general character as the listed uses
4 Residential uses allowed on second floor only
PLANNING COMMISSION
SEPTEMBER 05, 2023
S TA F F :
D O R E E N L I B E R T O , A I C P, C O M . D E V. D I R E C T O R
S C O T T B R U C E , P R I N C I PA L P L A N N E R
M A R I C R U Z A G U I L A R , P L A N N E R
E S M E R A L D A A LV A R E Z , P L A N N I N G T E C H N I C I A N WORKSHOP: Housing Element (HE) Cycle 6 and
Land Use Element (LUE) Update
EXHIBIT 12
HOUSING ELEMENT AND LAND
USE ELEMENT UPDATES: Cycle 6
THE REGIONAL HOUSING NEEDS ALLOCATION (RHNA) Numbers have been assigned and the King City Housing Element is being prepared to address that requirement.
The current effort, and tonight’s discussion, incudes several pieces:
• Housing Element Update (provides opportunity for required housing) • Land Use Element Update (provides changes in allowed land uses) • Revision to the portions of the Zoning Code (“Development Code” Revisions These efforts will also work to address three primary comments received from the public • Provide opportunity for increased levels of more affordable housing • Provide opportunity for shopping choices
• Work toward a vibrant, pedestrian friendly Downtown
In this Workshop we will discuss some of the ways that the Housing Element, Land Use Element and related Development Regulations work together to address these items.
We will also ask that we receive comments from the Commission Council to inform Staff’s continuing efforts . 2 REGIONAL HOUSING NEEDS
ALLOCATION (RHNA): Cycle 6
3 RHNA requirements are provided by the
CA Department of Housing and
Community Development (HCD) through
the Association of Monterey Bay Area
Governments (AMBAG).
In this eight-year cycle, King City will be
required (and is able) to demonsrtaste
the ability to provide location for 702
homes (542 above 80% of Area Median
Income (AMI) and 160 below 80% of
Area Median Income (AMI)), with
policies and processes that efficiently
implement applications for new housing
development.
This needs allocation will be addressed
in several ways:
• Carryover from Cycle 5 (2015-2023)
•New projects being processed but not yet
built
•Vacant land zoned for residential
development
•Areas rezoned to allow for increased
density
HOUSING ELEMENT OVERVIEW
A HOUSING ELEMENT IS AN EIGHT YEAR PLAN THAT:
• Provides an analysis of a community’s housing needs for all income levels
• Includes public discussion and census data analysis
• Provides strategies to provide for those housing needs • Includes goals, programs and objectives
• Identifies ways to “streamline” the housing approval process • Must be certified by HCD for compliance with state housing law
• Enables the City to be eligible for various state grants and funding
4 COMMUNITY RESPONSES AND
REQUESTS
THE HOUSING ELEMENT AND LAND USE ELEMENT UPDATE EFFORT BEGAN IN 2020 WITH A COMMUNITY SURVEY.
Since that time staff and city officials have consistently communicated with members of the public. Also, a Cal Poly planning lab has interviewed residents and performed surveys.
Some of the consistent finding of these efforts include:
• Affordable housing is a primary need
• Density increases in existing neighborhoods are possible but not preferred • Additional height and density in the Downtown area is a potentially acceptable option • Mixed Use Development is positively received by a majority of residents although single family homes are preferred
• Downtown improvements create interest
• A walkable, pedestrian oriented Downtown creates interest • Health and Wellness are important
• Larger scale commercial such as Target, WalMart Trader Joes and additional grocery shopping are important
5 ADDRESSING HOUSING NEEDS
AND COMMUNITY REQUESTS
6 THE PHYSICAL FORM AND
EXISTING CONFIGURATION
OF KING CITY EFFECT THE
METHODS BY WHICH
CHANGE CAN OCCUR
SOME OF THE FACTORS THAT IMPACT THE
PROVISION OF NEW HOUSING INCLUDE:
• King City is largely surrounded by areas
of Ag Preserve
• Much of the area within the existing City
Limits is “built out” with single family
homes
• Large amounts of vacant land are not
available
• Redevelopment (higher density and
intensity) appears to be a primary tool
to address housing and shopping needs
•Under utilized and vehicle oriented
Downtown properties appear to be a
viable solution
• Three Opportunity Zones are being
recommended
APPROVED AND IN PROCESS
EXISTING AND PROPOSED PROJECTS THAT WILL ALLOW THE CITY TO
MEET ITS SINGLE FAMILY HOUSING / ABOVE MODERATE INCOME
RHNA REQUIREMENTS INCLUDE:
• CreekBridge Specific Plan - approved and being developed • Mills Ranch Specific Plan - approved and being developed • Downtown Addition Specific Plan - approved but undeveloped These projects could provide approximately 800 units
• Ausonio Apartments - application under review
This project could provide approximately 350 to 375 units 7 8
9 2
1 3
CONTEXT
10 From West Broadway Master Plan
OPPORTUNITY ZONES
THE HOUSING ELEMENT AND LAND USE ELEMENT UPDATE EFFORT BEGAN IN 2020 WITH A COMMUNITY SURVEY.
Since that time staff and city officials have met with members of the public and a Cal Poly planning lab has interviewed residents and performed surveys.
Some of the consistent finding of these efforts include:
• Affordable housing is a primary need
• Density increases in existing neighborhoods are possible but not preferred • Additional height and density in the Downtown area is a potentially acceptable option
• Mixed Use Development is positively received by a majority of residents although single family homes are preferred
• Downtown improvements create interest
• A walkable, pedestrian oriented Downtown creates interest • Health and Wellness are important
• Larger scale commercial such as Target, WalMart Trader Joes and additional grocery shopping are important
11 OPPORTUNITY ZONES
OPPORTUNITY ZONES WILL AMEND LAND USE WITHIN THE ZONE AND WILL ALLOW DEVELOPMENT STANDARDS THAT ARE SPECIFIC TO THE ZONE.
Three Land Use Designations will be present these Zones:
• Highway Services District (HSD)
• Mixed Commercial District (MCD)
• Mixed Residential District (MRD)
The primary tools /variation in standards include:
• Increased height
• Increased lot coverage in proportion to the percentage of affordable units
• Decreased setbacks
• Use of “Floor Area Ratio” rather than density. Increses in proportion to the percentage of affordable units
• Potential reduction in parking requirements in proportion to the percentage of affordable units
• Mixed Use
12 PLANNING
COMMISSION
WORKSHOP
COMMENTS
(01.17.23)
COMMISSION COMMENTS:
• WBMP STANDARDS SHOULD BE
CONSIDERED FOR OP ZONE #1
• CONCERN REGARDING POTENTIAL
LACK OF PARKING AND CURRENT LEVEL
OF PUBLIC TRANSPORTATION
• SUPPORT EXPRESSED FOR THE
ARCHITECTURAL EXAMPLE PROVIDED
• USE OF FAR AS A METHOD OF
DETERMINING UNIT COUNT SHOULD
BE CONSIDERED
PUBLIC COMMENTS:
• SUPPORT EXPRESSED FOR THREE
STORIES AND ARCHITECTURAL
EXAMPLE
• POTENTIAL LACK OF PARKING MAY
IMPACT DOWNTOWN BUSINESSES
13 14
EXAMPLE PROJECT : January 2023
42 Units on .82
Acres (51.2 units
per acre)
Studios, One and
Two Bedrooms 100 % Seniors
A minimum of
50% (21 units) of
low and moderate
income
DESIGN CONSIDERATIONS:
15 Source: League of California Cities, Planning Commissioners’ Academy 2017 DENSITY FACTORS: COMPARISON
16 FACTOR OP ZONE
EXAMPLE *
EXISTING ZONING HS / HSC WBMP EXAMPLE
Height / Stories 34’ w /42’ stair
well – 3 stories
30 ‘ / 2 stories 30’ / 3 stories
Lot Coverage 85.3%* 50% Addressed by setbacks
Front Setback 3’ 10’ 0’
Interior Side
Setback
5’ 10’ 0’ (against non-res) 10’ (against
res)
Rear Setback Varies 5’ to
10.5’
20’ 0’ (against non-res) 10’ (against
res)
Parking Res 33* 1.5 per unit 1 per du
Parking
Commercial
10 1 per 200sf sales area, 1 per
1,000 sf other
Under 3,000sf 0. Over 3,000sf 1
per 1,000
Density 51.3 du/ac 24 du/ac (HS) Addressed by setbacks and height restrictions
*Coverage, FAR and Parking vary with Affordability
17 Density Examples
RAVA APARTMENTS = 23.5 DU / AC
KING STATION APARTMENTS = 13.25 DU / AC
18 CURRENT ALLOWED FAR IS 1.0 (50% COVERAGE, TWO STORIES) FAR OF EXAMPLE PROJECT = 2.56 (85% COVERAGE, THREE STORIES)
19 20
EXISTING
19 21
EXAMPLES:
Source: League of
California Cities –
Planning Commissioners’
Academy 2017
Livermore, CA
22 23
24 25
26 PROCESS AND SCHEDULE
THE HOUSING ELEMENT AND THE LAND USE ELEMENT ARE BEING
PROCESSED CONCURRENTLY. CHANGES TO THE ZONING CODE
“DEVELOPMENT REGULATIONS” ARE BEING PREPARED AS THE LAND USE ELEMENT IS BEING PROCESSED.
This effort incudes several pieces and a degree of coordination. The Housing Element must be reviewed and approved by HCD and the City Council, the Land Use Element (and Development Regulations) are approved by the City Council.
An anticipated schedule is as follows:
• OCTOBER: Draft Housing Element submitted to HCD
• OCTOBER: Environmental Review (Land Use Element) available for public review • OCTOBER: Planning Commission Update
• NOVEMBER: Land Use Element Approval Hearings (Planning Commission and City Council)
• NOVEMBER: Housing Element Update / Discussion at Commission and Council • DECEMBER: Housing Element Approval Hearings*
* Amendments may occur in early portions of 2024
27 PLANNING COMMISSION
SEPTEMBER 05, 2023
S TA F F :
D O R E E N L I B E R T O , A I C P, C O M . D E V.
D I R E C T O R
S C O T T B R U C E , P R I N C I PA L P L A N N E R
WORKSHOP: Housing Element (HE) Cycle 6 and
Land Use Element (LUE) Update
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 12, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CANNABIS CULTIVATION TAX RATE
STUDY FINDINGS
RECOMMENDATION:
It is recommended the City Council: 1) receive a presentation from HdL Companies on the findings of the Cannabis Cultivation Tax Rate Study; and 2) direct staff to prepare a Resolution amending the cannabis cultivation tax rate to be 5%.
BACKGROUND:
Measure J was approved by the voters in the November 2016 election, which established tax rates for cannabis cultivation, nurseries, manufacturing, and testing. Measure P was approved by the voters in the November 2020 election, which added tax rates for cannabis retail sales and distribution, as well as updated some of the provisions from the original 2016 measure.
The current tax rate for cultivation is $10.04 per square foot. The current market for cultivation is oversaturated, which has resulted in a significant decrease in price and profits and created a challenging environment for cultivation businesses to remain viable. As result, the City has received requests from existing cannabis businesses to lower tax rates. Other jurisdictions have significantly lowered their tax rates, including Monterey County.
At the January 10, 2023 meeting, City Council approved a proposed phased approach of reducing rates. The approved plan will lower rates gradually to $7 per square foot linked to increases in production in order to maintain and increase City revenues. However, production is not increasing. As a result, the City’s rates have become inconsistent with other jurisdictions and are creating a challenging competitive disadvantage for the existing and potential cannabis cultivation businesses.
CITY COUNCIL
CONSIDERATION OF CANNABIS CULTIVATION TAX RATE STUDY
FINDINGS
SEPTEMBER 12, 2023
PAGE 2 OF 4
At the March 28, 2023 meeting, staff recommended and City Council approved a contract with HdL Companies to prepare a fiscal analysis of cannabis cultivation tax rates. The study looked at three primary factors, which included the impact of the City’s tax rates on the only existing operator; comparison to other comparable jurisdictions; and current and future market conditions. The study is now complete, and the report is attached for Council review. The HdL consultant will also present the results at the September 5th meeting.
DISCUSSION:
The study indicates that the City’s existing cannabis cultivation operator is struggling financially but moving towards profitability. However, they did not provide the financial records necessary to be able to fully confirm their financial consideration.
HdL does not believe that changes to tax rates are likely to be a single deciding factor in the success or failure of cannabis cultivation businesses. Proximity to markets, cultivation infrastructure, operating efficiencies, and production under contract and distribution agreements are more indicative of business success.
They cite Santa Barbara and Ventura counties as examples where some of the largest operators in the state have located despite a relatively higher tax burden.
The study finds that King City’s tax rate is neither the highest or the lowest in comparison to other jurisdictions. HdL recommends the City’s square footage tax rate be set to correspond to an equivalent gross receipts range of between
1.00% and 2.50%, which would equate to a roughly $7 to $10 square foot tax.
However, they also project there to be continuing reductions in cannabis pricing and pressures on tax rates. As a result, they recommend the City be prepared to further adjust tax rates in the future.
Staff recommends the tax rate for cultivation be reduced to $5 per square foot.
The reasons for staff’s recommendation to lower the rates below the range included in the findings of the study consist of the following factors:
• Many of the factors HdL cites as indicators for success of cannabis cultivation businesses are not key strengths in King City. • Given the tax rates established by the County of Monterey, a rate of 7% to 10% would maintain the City at a competitive disadvantage when compared to potential sites in the immediate area.
CITY COUNCIL
CONSIDERATION OF CANNABIS CULTIVATION TAX RATE STUDY
FINDINGS
SEPTEMBER 12, 2023
PAGE 3 OF 4
• The majority of other jurisdictions with a significant amount of cannabis cultivation activity have established differential rates for indoor and mixed light facilities. King City is not able to do that based on the language included in the tax measure approved by the voters. As a result, while a $7 per square foot tax may fall within the target range for an equivalent gross receipts tax range for an indoor grow, it would not be for a comparable mixed light facility. Therefore, it would be a deterrent for future mixed light facilities currently under development to begin operation and increase tax revenues for the City.
• Based on the results of the study, it is likely the City will need to reduce the tax to $5 per square foot in the near future. Staff believes there is a benefit to creating a more consistent rate to provide stability and assurances to cannabis businesses and to the City for budgeting purposes.
Staff was conservative in its budget projections given the state of the market, so the $5 per square foot rate will enable the City to meet budget projections. At the same time, staff do not recommend decreasing the rate below $5 per square foot in the future. Therefore, it appears to be a good balancing point to maintain consistency over an extended period of time. • The City’s existing operator is going to need to make investments in their facility in the near future to comply with important City regulations.
Therefore, it will be to the City’s benefit to help the necessary improvements be economically viable.
• There are significant opportunities for expansion by both the City’s existing cultivation operator and the potential new mixed light facility under development. Staff believes a $5 per square foot rate would provide a better vehicle for encouraging future expansion than a rate of $7 to $10 per square foot. Overall revenue amounts from expansions could increase more significantly than through maintaining a higher rate.
COST ANALYSIS:
Reduction of rates to $5 per square foot would reduce potential revenues by roughly $250,000, but it would help to ensure the City continues to receive budgeted revenue amounts. The recommended action would not have an impact on the current General Fund budget.