Monterey City Council
March 7, 2023

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!#/$# XYZ[\[]\^_`YZa bcdefdghibiheejc klmnopqprlsll Exhibit A
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 135, Packet Page 292 North Fremont Sidewalk Gap Closure Project Exhibit B
Mitigation Monitoring and Reporting Program
Mitigation Measure Implementation and
Monitoring/Reporting
Responsibility
Timing Requirements Reporting
Requirements &
Verification of
Compliance (Completed
As Part of Project)
MM 1 Fencing and Monitoring. Riparian habitat
and potential waters of the U.S. and State shall be
avoided during construction with protective
fencing. A biological monitor will supervise the
installation of protective fencing and monitor at
least once per week until construction is complete
to ensure that fencing remains intact and work
crews are properly avoiding the habitat area. If all
riparian areas and waters are avoided, no
additional mitigation is necessary.

Public Works
Department
During Construction
MM 2 Construction Best Practices. To protect
water quality and riparian vegetation during
construction, the following measures shall be
included on the construction specifications and
documents:
 Project contractor shall ensure that
trenching, excavating, backfilling and other
activities that involve substantial soil
disturbance adjacent to riparian vegetation
and Canyon Del Rey Creek are planned
and implemented with a qualified
hydrologist, engineer or erosion control
specialist, and shall utilize standard erosion
control techniques to minimize erosion and
sedimentation near sensitive areas.

Public Works
Department
Prior and During
Construction
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 136, Packet Page 293 North Fremont Sidewalk Gap Closure Project Exhibit B
 Stationary equipment such as motors,
generators, and welders located within 100
feet of the creek shall be stored overnight
at staging areas and shall be positioned
over drip pans.
 No debris, soil, silt, sand, oil, petroleum
products, cement, concrete or washings
thereof shall be allowed to enter, or be
placed where they may be washed by
rainfall or runoff, into riparian areas or
Canyon Del Rey Creek.
 All construction debris and associated
materials shall be stored in staging areas
and shall be removed from the work site
upon completion of the project.
 Cleaning or refueling of equipment shall
take place within turnouts or staging areas
at least 50 feet from riparian areas and
Canyon Del Rey Creek.
 All refueling shall be conducted over plastic
bags filled with sawdust or other highly
absorbent material. Clean-up materials for
spill shall be kept on hand at all times. Any
accidental spills of fuel or other
contaminants shall be cleaned up
immediately.

MM 3 Preconstruction Bird Surveys. The
applicant shall schedule all on-site tree removal
and grading to occur between August 31th and
March 1st of any given year to avoid the Central
Coast bird nesting season. If this schedule is not
practical, the project sponsor shall fund the
engagement of a qualified biologist to conduct
preconstruction nesting bird surveys no more than
two weeks prior to removal of trees and grading. If
no active bird nests are observed, no additional
Public Works
Department
Prior to Construction
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 137, Packet Page 294 North Fremont Sidewalk Gap Closure Project Exhibit B
measures are required. If nesting birds are
observed, the biologist will establish a buffer zone
where no tree removal or grading will occur until
the biologist confirms that all chicks have fledged.

MM 4 Tree Replacement. Prior to removal of oak
trees, the lead agency shall follow the tree removal
permit process of both Monterey and Seaside.

Upon completion of construction, final site work
shall include oak tree replacement at a 1:1 ratio, or
as specified by local tree ordinances.

Public Works
Department
Prior to Project Final
MM 5 Cultural Awareness Training. Prior to
commencing any ground disturbing work at the
project site, construction managers and personnel
shall participate in cultural and tribal sensitivity
training conducted by a qualified archaeologist
approved by the City of Monterey Planning
Division. At minimum, the training shall explain (1)
applicable statutes, regulations, and enforcement
provisions; (2) the prehistoric and historic
environment setting and context, including
information regarding the local tribal groups; and
(3) what prehistoric and historic archaeological
deposits look like at the surface and when
exposed during construction. Construction
personnel shall not be permitted to operate
equipment within the project area unless they have
attended the training. A list of names of all
personnel who attended the training shall be
submitted to the City of Monterey Planning
Division.

Public Works
Department
Prior to Commencing
Ground Disturbing Work
MM 6a Discovery of Cultural Resources. During
project construction, if any archeological,
paleontological, or tribal resources (e.g., evidence
of past human habitation or fossils) are found, the
project applicant and/or its contractor shall cease
all work within 50 feet of the discovery and notify
Public Works
Department
During Construction
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 138, Packet Page 295 North Fremont Sidewalk Gap Closure Project Exhibit B
the City of Monterey Planning Division
immediately. Cultural and/or tribal cultural
resources may include prehistoric archaeological
materials such as flaked and ground stone tools
and debris, shell, bone, ceramics, and fire-affected
rock, as well as historic materials such as glass,
metal, wood, brick, or structural remnants. The
project applicant and/or its contractor shall retain a
qualified archaeologist, or paleontologist if
applicable, to evaluate the finds and, subject to
review and approval by the City, develop
appropriate treatment measures for the
inadvertently discovered resources. Such
measures may include avoidance, preservation in
place, excavation, documentation, curation, or
other appropriate measures. (Health and Safety
Code Section 7050.5). The City shall consult with
appropriate Native American representatives in
determining appropriate treatment measures for
unearthed cultural resources if the resources are
prehistoric or Native American in nature.

MM 6b Discovery of Human Remains. If human
remains or cultural resources associated with a
burial (i.e. grave goods) are discovered during
construction, the project applicant and/or its
contractor shall immediately cease all ground
disturbing work on the site and all work within 50
feet of the find and notify the City of Monterey
Planning Division and the Monterey County
Coroner, according to California Health and Safety
Code Section 7050.5. If the Coroner determines
the remains to be Native American, the Coroner
shall notify the Native American Heritage
Commission. All involved parties shall follow the
procedures in CEQA Guidelines Section
15064.5(d) and (e) and Public Resources Code
Public Works
Department
During Construction
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 139, Packet Page 296 North Fremont Sidewalk Gap Closure Project Exhibit B
section 5097.98. The Commission will designate a
Most Likely Descendant (MLD) who will be
authorized to provide recommendations for
management of the Native American human
remains and any associated materials or objects
(Public Resources Code Section 5097.98 and
Health and Safety Code Section 7050.5).

Authorization to resume construction shall only be
given by the City after consultation with the most
likely descendent and shall include implementation
of all appropriate measures to protect any possible
burial sites or human remains.

MM 7: Prior to the initiation of construction, the
City of Monterey City Engineer shall ensure that
all project plans and specifications stipulate that:
▪ All construction equipment, fixed or mobile,
shall be equipped with properly operating
and maintained mufflers;
▪ Construction noise reduction methods such
as shutting off idling equipment, installing
temporary acoustic barriers around
stationary construction noise sources,
maximizing the distance between
construction equipment staging areas and
occupied residential areas, and use of
electric air compressors and similar power
tools, rather than diesel equipment, shall
be used where feasible;
▪ During construction, stationary construction
equipment shall be placed such that
emitted noise is directed away from
sensitive noise receivers;
▪ During construction, stockpiling and vehicle
staging areas shall be located as far as
practical from noise sensitive receptors;
and
Public Works
Department
Prior to Initiation of
Construction
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 140, Packet Page 297 North Fremont Sidewalk Gap Closure Project Exhibit B
▪ Operate earthmoving equipment on the
construction site, as far away from vibration
sensitive sites as possible.

MM 8: Prior to the issuance of a grading permit,
the City’s Building Division shall confirm that
vibratory rollers capable of generating vibration
levels above 0.2 inches per second PPV shall not
be used within 20 feet of adjacent residences. If
the contractor can demonstrate that vibratory
rollers have vibration levels of less than 0.2 inches
per second PPV, then they shall be allowed to
operate within the 20-foot buffer zone.

Building Department Prior to Issuance of a
Grading Permit
MM 9 Native American Monitoring. At least ten
(10) business days prior to conducting ground
disturbing activities, the City will notify the three
tribes, specifically the Indian Canyon Band of
Costanoan Ohlone People, the
Ohlone/Costanoan-Esselen Nation, and the
Esselen Tribe of Monterey County, who requested
to have a Native American monitor on site. Each
tribe may designate one monitor to be on site and
conduct monitoring during the project. As this is a
working construction site, each monitor must sign
a release and liability waiver prior to conducting
monitoring onsite.

Public Works
Department
10 Days Prior to
Conducting Ground
Disturbing Activities
Council Regular Meeting, 3/7/2023, Item No. 10., Item Page 141, Packet Page 298 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Fernanda Roveri, AICP, Principal Planner
SUBJECT: Resolution Adopting Proposed Draft Findings and Declaring an Intent to Overrule the Monterey County Airport Land Use Commission’s Consistency Determination for the Draft Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17.) and Directing That Notice Be Provided to the Commission and the California Department of Transportation Division of Aeronautics
RECOMMENDATION:

That the City Council:

1. Consider the proposed resolution that is required prior to later consideration of the attached ordinance amendments to regulations for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), and

2. Direct that notice be provided to the Monterey County Airport Land Use Commission and the California Department of Transportation Aeronautics Division VALUE DRIVERS:

Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

POLICY IMPLICATIONS:

Section 65852.2 of the Government Code does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an ADU.

The Council embraces efforts that provide equitable access to affordable housing, including balanced approaches to increase housing supply, rental resources and assistance, and housing rehabilitation grants to homeless, low-income, senior and disabled individuals.

One of the City’s strategic priorities is to “support affordable housing through modern zoning policies/ordinances, ADU policies, housing grants, review of density requirements, and consideration of City-owned sites for affordable housing.” FISCAL IMPLICATIONS:

Construction of ADUs may affect property taxes by increasing the net value of certain properties.

ENVIRONMENTAL DETERMINATION:

The City of Monterey has determined that the adoption of the resolution and later potential adoption of these provisions of the Zoning Code are statutorily exempt from the California Environmental Quality Act (CEQA) as provided by Public Resources Code Date: 3/7/2023
Item No.: 11.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 1, Packet Page 299 Section 21080.17 and by CEQA Guidelines Article 18, Section 15282.h, because it is the adoption of an ordinance by a city to implement the provisions of Section 65852.2 of the Government Code.

ALTERNATIVES CONSIDERED:

The attached draft ordinance proposes amendments to existing regulations for ADUs and JADUs, consistent with State law. Not adopting the attached draft ordinance would render existing regulations invalid.

DISCUSSION:

California is experiencing a housing crisis, with housing demand outstripping supply. Since 2016, the California State Legislature has brought forward several bills (Government Code sections 65852.2 and 65852.22) relating to the planning and permitting of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to address the housing supply crisis. Over the years, State ADU and JADU law has been revised to improve its effectiveness at creating more housing units.

On September 27, 2016, the Governor signed into law SB 1069 and AB 2299, the first bills requiring local jurisdictions to amend their zoning ordinances to allow ADUs consistent with this new State law, which took effect on January 1, 2017.

On January 17, 2017, the City Council adopted Ordinance No. 3560 to amend its Zoning Ordinance to designate areas where ADUs may be located and place other restrictions, consistent with State law.

On October 9, 2019, the Governor signed into law AB 68, AB 881, and SB 13 to further streamline ADUs and relax development standards, which took effect on January 1, 2020.

On October 20, 2020, the City Council adopted Urgency Ordinance No. 3626 to prevent ADUs over 16 feet in height until the Planning Commission had an opportunity to provide policy recommendations. Ordinance No. 3626 also repealed the City’s ADU regulations, which were almost entirely inconsistent with the State law that took effect on January 1, 2020. On December 1, 2020, the City Council adopted Ordinance No. 3633, which extended Ordinance No. 3626 until October 19, 2021.

On November 2, 2021, the City Council adopted Ordinance No. 3641 to amend the City Code to include ADU zoning regulations to further reduce barriers, better streamline approval processes, and expand the capacity to accommodate the development of ADUs and JADUs, consistent with State law.

On May 3, 2022, the City Council adopted Ordinance No. 3650 to amend the City Code to be more flexible than State law by waiving lot coverage, floor area ratio, open space, and size regulations to allow a second story ADU above a garage or carport up to 25 feet in height and to allow such ADU to have roof pitch and form that is different than the associated single-family dwelling or multifamily dwelling, subject to architectural review.

Government Code sections 65852.2 and 65852.22 require cities to adopt ADU zoning regulations consistent with the new State law. In the absence of a valid local ordinance, the new State law provides a set of default standards governing local agencies’ regulation and approval of ADUs and JADUs.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 2, Packet Page 300 On September 6, 2022, pursuant to the provisions of Section 21670 et seq. of the California Public Utilities Code ("Section 21670"), City staff referred Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” for a determination of consistency with the 2019 Monterey Regional Airport Land Use Compatibility Plan (ALUCP).

Monterey County Airport Land Use Commission (ALUC) staff entered this referral as ALUC File No. REF220059 and began reviewing it.

On September 28, 2022, the Governor signed into law AB 2221 and SB 897 to increase the allowed height of attached and detached ADUs and waive front yard setback limits if they prevent construction of certain ADUs, which took effect on January 1, 2023.

On November 1, 2022, City staff submitted to ALUC staff draft amendments of Sections 38- 112.6 and 38-11 that incorporate the new State law requirements. The goal of the amendments is to make the City’s ADU and JADU Ordinance consistent with AB 2221 and SB 897. AB 2221 adds front setbacks to the list of local development standards that local governments cannot impose if they would preclude construction of an ADU, further streamlines the approval process, and clarifies the definition of ADUs and JADUs. Amongst other changes pertaining to parking standards and application processing, SB 897 increases the maximum height limitation that may be imposed by a local agency to up to 20 feet (currently 16 feet) if the ADU is detached, within ½ mile walking distance of a major transit stop or a high-quality transit corridor, and has a roof pitch that is aligned with the roof pitch of the single-family or multifamily dwelling. Additionally, SB 897 allows an ADU to be constructed to a height of 25 feet if the ADU is attached to a primary residence.

ALUC staff reviewed City staff’s amendments and scheduled them for ALUC review on November 14, 2022. That day, the ALUC adopted a resolution (Attachment 4) finding the proposed amendments consistent with the ALUCP if Section 38-112.6(1)(g), “An accessory dwelling unit or junior accessory dwelling shall not be permitted within the airport safety zone pursuant to the Airport Land Use Plan”, as proposed by the City is changed to:
“Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in Airport Safety Zones 1 and 6, which do not allow residential use. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is allowable where residential use is consistent with the Airport Land Use Compatibility Plan for the Monterey Regional Airport (ALUCP), as may be periodically amended, and the Accessory Dwelling Unit or Junior Accessory Dwelling Unit meets the following criteria, as applicable:
(i) The Accessory Dwelling Unit does not exceed 850 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and
(ii) The Junior Accessory Dwelling Unit does not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and (iii) Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit is required to be constructed to meet Allowable Interior Noise Levels as established by the California Building Standards Code; and
(iv) Neither the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located in noise contour zones where airport noise may equal or exceed 65 CNEL (Community Noise Equivalent Level) as delineated by the ALUCP.”
City staff is recommending that Section 38-112.6(1)(g) be amended to “Accessory dwelling units and junior accessory dwelling units are prohibited in Airport Safety Zones 1 and 6, pursuant to Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 3, Packet Page 301 the 2019 Monterey Airport Land Use Compatibility Plan” only, and that the City overrule the remaining changes to 38-112.6(1)(g) adopted by the ALUC. City staff does not recommend (i) restricting ADUs to 850 square feet, because this would be inconsistent with Government Code section 65852.2(c)(2), or (iv) prohibiting ADUs/JADUs in the 65-69 CNEL noise contour zone, because California Building Standards Code requires minimum noise insulation performance standards that buffer exterior noise. City staff also does not recommend incorporating (ii) or (iii) because they are already in effect: by definition, JADUs shall not exceed 500 square feet pursuant to Monterey City Code Section 38-11; and ADUs and JADUs are required to meet California Building Standards Code.

The City Attorney notes that, where, as here, the airport is publicly owned but not operated by the City, under PUC 21675.1(f) a legal effect of overruling the ALUC on the ordinance inconsistency would be to protect the operator of the airport from liability for “damages to property or personal injury resulting from the city’s . . . decision to proceed with the action [the portion of the ordinance it overruled].”
Staff now recommends that the City Council declare and notify the ALUC of its intention to consider overruling on a two-thirds vote the ALUC and making the specific findings in the resolution that the draft ordinance is consistent with the purposes set forth in Public Utilities Code (PUC) section 21670 et. seq., and specifically 21676(a), which states, the local agency may propose to overrule the ALUC if it makes specific findings that the proposed action is consistent with the purposes of PUC 21670 – 21679.5 as stated in Section 21670. Pursuant to PUC 21676(a), at least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. The proposed resolution would provide the ALUC and the California Department of Transportation Division of Aeronautics (“Division”) the required 45-day notice and opportunity to comment on the intent to overrule, after which the City will be able to consider introduction of the ordinance and any response from the ALUC.

PUC section 21670 states, “It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.” Therefore, staff proposes that the City Council make the following findings:

1. Restricting ADU size to 850 square feet or less in Airport Safety Zones 2, 3, 4, and 5 would not protect public health, safety, and welfare more than if the ADU size was restricted to 1,000 square feet or less, as proposed by the draft ordinance. An ADU of 850 square feet could be designed and permitted to be occupied by just as many people as an ADU of 1,000 square feet. In addition, pursuant to Government Code section 65852.2(c)(2), a local agency shall not establish by ordinance a maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

2. The draft ordinance limits JADU size to 500 square feet or less. Adding that “JADUs shall not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5” would be repetitive and would not protect public health, safety, and welfare further.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 4, Packet Page 302

3. Adding that “Any ADU or JADU is required to be constructed to meet allowable interior noise levels as established by the California Building Standards Code” is redundant and would not protect public health, safety, and welfare further because the City has adopted and only issues building permits that comply with the California Building Standards Code.

4. The California Building Standards Code requires minimum noise insulation performance standards that buffer exterior noise. ADUs/JADUs in the 65-69 CNEL noise contour zone would be constructed to achieve the required noise performance standards. This would minimize human exposure to excessive noise.

Following is a summary of the remaining amendments, consistent with State law:

Section 38-11
 ADU definition amended to also allow ADU(s) on the same parcel as a proposed multifamily dwelling and to clarify the difference between attached vs. detached ADUs Section 38-112.6
 Fire sprinklers shall not be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an ADU.
 An attached ADU may be up to 25 feet in height and two stories.  A detached ADU may be up to 18 feet in height if the lot is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor. It may be up to 20 feet in height to accommodate a roof pitch that is aligned with the roof pitch of the single-family or multifamily dwelling.
 A detached ADU may be up to 18 feet in height on a lot with an existing or proposed multifamily, multistory dwelling.
 Limits on front setbacks cannot prevent construction of an 800 square-foot ADU with minimum four-foot side and rear yard setbacks.

In summary, staff recommends that the City Council adopt the attached resolution proposing draft findings and declaring and noticing its intent to consider overruling the Monterey County Airport Land Use Commission’s consistency determination for the attached draft ordinance. In approximately two months, the City will then have satisfied the procedural requirements to be able to consider the first reading by title only of the attached ordinance amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and amending Section 38-11 “Definitions” .KC/fr
Attachments: 1. Resolution

2. Draft Ordinance Amendments

3. Draft Ordinance Amendments with Strikethrough/Underline

4. ALUC Resolution
e: All Neighborhood and Business Associations
Architectural Review Committee
Fionna Jensen, ALUC Staff
Chris Morello, Monterey Peninsula Airport District
ADU Interested Parties
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 5, Packet Page 303 Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 6, Packet Page 304 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22

ADOPTING PROPOSED DRAFT FINDINGS AND DECLARING AN INTENT TO CONSIDER OVERRULING THE MONTEREY COUNTY AIRPORT LAND USE COMMISSION’S CONSISTENCY DETERMINATION FOR THE DRAFT “ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS” ORDINANCE PROPOSED AMENDMENTS TO CITY OF MONTEREY ZONING CODE SECTION 38-112.6 AND AMENDING SECTION 38- 11 “DEFINITIONS”AND DIRECTING THAT NOTICE OF THE PROPOSED DECISION AND

FINDINGS BE PROVIDED TO THE AIRPORT LAND USE COMMISSION AND THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS WHEREAS, on September 6, 2022, pursuant to the provisions of Section 21670 et seq. of the California Public Utilities Code ("Section 21670"), City staff referred Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” (ALUC File No. REF220059) for a determination of consistency with the 2019 Monterey Regional Airport Land Use Compatibility Plan (ALUCP);
WHEREAS, on November 1, 2022, City staff submitted to ALUC staff draft amendments of Sections 38-112.6 and 38-11 that incorporated the new ADU/JADU requirements signed into law on September 28, 2022;
WHEREAS, on November 14, 2022, the ALUC, acting pursuant to its authority under Section 21670, determined that the proposed amendments are consistent with the 2019 Airport Land Use Compatibility Plan for Monterey Regional Airport, provided that the City modifies Section 38-112.6.1.g of the proposed ordinance to include the following language:
“Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in Airport Safety Zones 1 and 6, which do not allow residential use. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is allowable where residential use is consistent with the Airport Land Use Compatibility Plan for the Monterey Regional Airport (ALUCP), as may be periodically amended, and the Accessory Dwelling Unit or Junior Accessory Dwelling Unit meets the following criteria, as applicable:
(i) The Accessory Dwelling Unit does not exceed 850 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and
(ii) The Junior Accessory Dwelling Unit does not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and (iii) Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit is required to be constructed to meet Allowable Interior Noise Levels as established by the California Building Standards Code; and
(iv) Neither the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located in noise contour zones where airport noise may equal or exceed 65 CNEL (Community Noise Equivalent Level) as delineated by the ALUCP.”; WHEREAS, the City may overrule a determination of the ALUC if it makes findings that the proposed ordinance is consistent with the purposes of Section 21670 regarding the Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 7, Packet Page 305 2 protection of public health, safety and welfare in areas surrounding airports and provides the ALUC and the California Department of Transportation Division of Aeronautics (“Division”) with a copy of the proposed decision and findings at least 45 days prior to the City's action to overrule the ALUC, pursuant to Public Utilities Code section 21676(a); WHEREAS, the Section 21676(a) provides that the ALUC and the Division shall respond to the referral of the findings of override within 30 days of receiving the proposed decision and findings. However, in the event that the ALUC or Division's comments are not available within this time limit, the City may act without them;
WHEREAS, the comments by the ALUC or Division are advisory to the City under State law;
WHEREAS, the City Council shall include comments from the ALUC and the Division in the final record of any final decision to overrule the ALUC, which may only be adopted by a twothirds vote of the Council; and WHEREAS, the City of Monterey has determined that the adoption of an ordinance approving Zoning Ordinance amendments related to accessory dwelling units implements the provisions of Government Code sections 65852.1 and 65852.2 and is therefore statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby adopts the following proposed draft findings overruling the ALUC’s consistency determination for the draft ordinance, as follows:

1. Restricting ADU size to 850 square feet or less in Airport Safety Zones 2, 3, 4, and 5 would not protect public health, safety, and welfare more than if the ADU size was restricted to 1,000 square feet or less, as proposed by the draft ordinance. An ADU of 850 square feet could be designed and permitted to be occupied by just as many people as an ADU of 1,000 square feet. In addition, pursuant to Government Code section 65852.2(c)(2), a local agency shall not establish by ordinance a maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

2. The draft ordinance limits JADU size to 500 square feet or less. Adding that “JADUs shall not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5” would be repetitive and would not protect public health, safety, and welfare further.

3. Adding that “Any ADU or JADU is required to be constructed to meet allowable interior noise levels as established by the California Building Standards Code” is redundant and would not protect public health, safety, and welfare further because the City has adopted and only issues building permits that comply with the California Building Standards Code.

4. The California Building Standards Code requires minimum noise insulation performance standards that buffer exterior noise. ADUs/JADUs in the 65-69 CNEL noise contour zone would be constructed to achieve the required noise performance standards. This would minimize human exposure to excessive noise.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 8, Packet Page 306 3 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that: based on the above findings, it does hereby express its intention to adopt findings and overrule the ALUC determination on the proposed ordinance, and provides and directs City staff to provide the ALUC and the Division notice at least 45 days prior to City’s decision to overrule the ALUC.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that: if any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Monterey hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 7th day of March, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 9, Packet Page 307 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
AMENDING MONTEREY CITY CODE SECTION 38-112.6 “ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS” AND AMENDING SECTION 38-11 “DEFINITIONS”
WHEREAS, California is experiencing a housing crisis, with housing demand outstripping supply. Since 2016, the California State Legislature has brought forward several bills (Government Code sections 65852.2 and 65852.22) relating to the planning and permitting of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to address the housing supply crisis. Over the years, State ADU and JADU law has been revised to improve its effectiveness at creating more housing units;
WHEREAS, on September 27, 2016, the Governor signed into law SB 1069 and AB 2299, the first bills requiring local jurisdictions to amend their zoning ordinances to allow ADUs consistent with this new State law, which took effect on January 1, 2017; WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 3560 to amend its Zoning Ordinance to designate areas where ADUs may be located and place other restrictions, consistent with State law;
WHEREAS, on October 9, 2019, the Governor signed into law AB 68, AB 881, and SB 13 to further streamline ADUs and relax development standards, which took effect on January 1, 2020.

WHEREAS, on October 20, 2020, the City Council adopted Urgency Ordinance No. 3626 to prevent ADUs over 16 feet in height until the Planning Commission had an opportunity to provide policy recommendations. Ordinance No. 3626 also repealed the City’s ADU regulations, which were almost entirely inconsistent with the State law that took effect on January 1, 2020. On December 1, 2020, the City Council adopted Ordinance No. 3633, which extended Ordinance No. 3626 until October 19, 2021;
WHEREAS, on November 2, 2021, the City Council adopted Ordinance No. 3641 to amend the City Code to include ADU zoning regulations to further reduce barriers, better streamline approval processes, and expand the capacity to accommodate the development of ADUs and JADUs, consistent with State law;
WHEREAS, on May 3, 2022, the City Council adopted Ordinance No. 3650 to amend the City Code to be more flexible than State law by waiving lot coverage, floor area ratio, open space, and size regulations to allow a second story ADU above a garage or carport up to 25 feet in height and to allow such ADU to have roof pitch and form that is different than the associated singlefamily dwelling or multifamily dwelling, subject to architectural review; WHEREAS, on September 28, 2022, the Governor signed into law AB 2221 and SB 897 to increase the allowed height of attached and detached ADUs and waive front yard setback limits if they prevent construction of certain ADUs, which take effect on January 1, 2023; Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 10, Packet Page 308

EXHIBIT A
2 WHEREAS, Government Code sections 65852.2 and 65852.22 require cities to adopt ADU zoning regulations consistent with the new State law. In the absence of a valid local ordinance, the new State law provides a set of default standards governing local agencies’ regulation and approval of ADUs and JADUs;
WHEREAS, 2015-2023 Housing Element Goal b is to broaden the choice of rental housing types available to residents of Monterey in all price ranges and for all family sizes while maintaining neighborhood compatibility and, where possible, using second units to encourage owner opportunities;
WHEREAS, the amendments are consistent with the purposes of the General Plan, the purposes of the Municipal Code, and other applicable City ordinances; WHEREAS, on December 13, 2022, the Planning Commission held a duly noticed public hearing, took public testimony, and recommended that the City Council adopt the ordinance amendments;
WHEREAS, the City Council held a duly noticed public hearing on February 21, 2023, took public testimony, and considered the ordinance amendments; and WHEREAS, the City of Monterey has determined that the adoption of an ordinance approving Zoning Ordinance amendments related to accessory dwelling units implements the provisions of Government Code sections 65852.1 and 65852.2 and is therefore statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17.

NOW, THEREFORE, the Monterey City Council does ordain as follows:

SECTION 1. The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Monterey City Code Section 38-11 “Definitions” “Accessory Dwelling Unit” is hereby amended to read as follows:

Accessory Dwelling Unit: An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a proposed or existing single-family dwelling or multifamily dwelling. An attached accessory dwelling unit is physically attached to the single-family dwelling or multifamily dwelling, including attached garages. A detached accessory dwelling unit is physically separated from the singlefamily dwelling or multifamily dwelling. An accessory dwelling unit may consist of an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

SECTION 3. Monterey City Code Section 38-112.6 is hereby replaced in its entirety as follows:

1. General Requirements. All accessory dwelling units shall conform with the following:
a. The parcel must be zoned to allow single-family or multifamily use. b. The parcel may contain the following number of accessory dwelling units:

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 11, Packet Page 309

EXHIBIT A
3 i. Single-Family Dwelling. A parcel with an existing or proposed single-family dwelling may contain one of the following:
(1) A new construction accessory dwelling unit may be developed as attached to or detached from the single-family dwelling.
(2) An accessory dwelling unit within the walls of a proposed or existing single-family dwelling or within an existing accessory structure, including detached garages, may be developed if the unit has exterior access separate from the proposed or existing single-family dwelling; the side and rear setbacks are sufficient for fire and safety; and an expansion of the accessory structure for ingress and egress is not more than 150 square feet.
(3) Both one accessory dwelling unit and one junior accessory dwelling unit may be developed on the same parcel with a proposed or existing single-family dwelling if the accessory dwelling unit is developed as either of the following:
a. A new construction, detached accessory dwelling unit up to 800 square feet in size, up to the allowed height in subsection (2)(d) of this section, and with minimum four-foot side and rear setbacks; or
b. The accessory dwelling unit meets the standards of subsection (1)(b)(i)(2) of this section.
ii. Multifamily Dwelling. A parcel with a multifamily dwelling may contain one of the following:
(1) A parcel with a proposed or existing multifamily dwelling may construct one of the following:
a. One attached accessory dwelling unit meeting the standards of subsection (2); or
b. Up to two detached accessory dwelling units if the accessory dwelling unit does not exceed the allowed height in subsection (2)(d) of this section, and has at least four-foot side and rear setbacks.
(2) A parcel with an existing multifamily dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted multifamily dwelling units, or one, whichever is greater.
c. Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. The accessory dwelling unit(s) may not be sold separately from the existing or proposed single-family dwelling or multifamily dwelling; and
ii. Neither the accessory dwelling unit(s) nor the junior accessory dwelling unit may be used for short-term residential rentals of less than 30 consecutive days.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 12, Packet Page 310

EXHIBIT A
4 A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.
d. Exemptions.
i. Notwithstanding the development and design standards of this section, accessory dwelling units that meet the standards in subsection (1)(b)(i)(2), (1)(b)(i)(3)(a), (1)(b)(ii)(1)(b), or (1)(b)(ii)(2) of this section are permitted. ii. Notwithstanding subsection (1)(c), a single-family dwelling and accessory dwelling unit that were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code section 65852.26, may be conveyed pursuant to a tenancy in common agreement that allocates an undivided, unequal interest in the property based on the size of the dwelling that each buyer occupies if the development and the transaction meet the requirements of Government Code Section 65852.26.
e. Fire sprinklers shall not be required in the accessory dwelling unit unless fire sprinklers are required for the single-family dwelling or multifamily dwelling. Fire sprinklers shall not be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit.
f. An accessory dwelling unit or junior accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the parcel upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the parcel. g. Accessory dwelling units and junior accessory dwelling units are prohibited in Airport Safety Zones 1 and 6, pursuant to the 2019 Monterey Airport Land Use Compatibility Plan. h. An accessory dwelling unit or junior accessory dwelling unit conforming to the provisions of this subsection shall be approved ministerially as provided in Section 38-153(B).

2. Accessory Dwelling Unit Development Standards. Except as otherwise provided in this Section 38-112.6, all accessory dwelling units shall comply with the following development standards:
a. The accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter. Notwithstanding this requirement:
i. the accessory dwelling unit is contained in a structure that is unpermitted and/or nonconforming with zoning and/or State and local building code requirements and all of the following apply:
(1) the creation of an accessory dwelling unit does not expand or affect the nonconformity or the building code violations, and
(2) the nonconformity does not pose a threat to public health and safety. ii. the unpermitted accessory dwelling unit was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, California Government Code section 65852.2, and/or State and local building code requirements. However, the city can deny the application for an unpermitted accessory dwelling unit as described in Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 13, Packet Page 311

EXHIBIT A
5 this subsection (a)(ii) if the building is deemed substandard under Section 17920.3 of the Health & Safety Code or if the Building Official makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
iii. the applicable provisions of this Chapter 38 are inconsistent with the provisions of this Section 38-112.6, in which case the standards of this section shall apply. b. Floor Area.
i. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code section 17958.1. ii. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom and 1,000 square feet for a unit that contains more than one bedroom.
c. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located. i. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure, except that:
(1) An expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure is allowed solely for the purpose of accommodating ingress and egress.
(2) Setbacks shall be sufficient for fire safety.
ii. For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.
d. Height.
i. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family dwelling or multifamily dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories.
ii. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed the following:
(1) 16 feet on a lot with an existing or proposed single-family dwelling or multifamily dwelling;
(2) 18 feet on a lot with an existing or proposed single-family dwelling or multifamily dwelling if the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. The accessory dwelling unit may be up to 20 feet in height to Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 14, Packet Page 312

EXHIBIT A
6 accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family dwelling or multifamily dwelling (3) 18 feet on a lot with an existing or proposed multifamily, multistory dwelling. iii. Second Story Accessory Dwelling Unit Above Garage or Carport. If an accessory dwelling unit is attached to a detached garage or carport, then the accessory dwelling unit is a detached accessory dwelling unit. If a detached accessory dwelling unit exceeds the maximum permitted height set forth in subsection (2)(d)(ii) of this section, the applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter if:
(1) The total building height is 25 feet or less;
(2) The parcel is within the R-3 zone;
(3) The garage or carport is detached from the single-family dwelling and is at the ground level of the accessory dwelling unit;
(4) No windows or openings are permitted for that portion of the accessory dwelling unit that is closer than four feet to a property line; and (5) Any window parallel to an adjoining property line and closer than 10 feet shall be either:
a. Opaque and inoperable; or
b. Clerestory windows with a minimum height no less than six feet above floor level. (Ord. 3650 § 2, 2022)
e. Limits on lot coverage, floor area ratio, open space, front setbacks, and size cannot prevent the construction of a detached or attached accessory dwelling unit, with a maximum floor area of 800 square feet and minimum four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards. (Ord. 3650 § 3, 2022)
f. Access. An accessory dwelling unit shall have a separate entrance from other dwelling units.
g. Parking.
i. One additional parking space shall be provided per unit or per bedroom, whichever is less, which may be provided as tandem parking on an existing driveway, or in setback areas unless the Community Development Director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions.
ii. No parking may extend into a public sidewalk or public right-of-way. iii. Notwithstanding this provision, no additional parking may be required for an accessory dwelling unit, including an accessory dwelling unit that is being proposed along with a proposed single-family dwelling or multifamily dwelling, that is:

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 15, Packet Page 313

EXHIBIT A
7 (1) Located within one-half mile walking distance of a public transit stop; (2) Located within one block of a car share vehicle pickup location; (3) Located entirely within the proposed or existing single-family dwelling or multifamily dwelling or within an existing accessory structure; (4) Located within an architecturally and historically significant historic district; or (5) Located on a parcel where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
iv. If an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of or replaced by an accessory dwelling unit, the parking spaces do not need to be replaced.
h. Properties with Historic Overlay Zoning or Historic Zoning. Attached or detached accessory dwelling units on a parcel with an H-1 or H-2 designation shall:
i. Be located behind the historic structure, unless these requirements prevent creation of the accessory dwelling unit. If attached, the accessory dwelling unit shall be located at the rear of the main historic structure. If detached, new construction, the accessory dwelling unit shall be located 10 feet behind the rear of the main historic structure; ii. Notwithstanding the design standards below, not match the exterior finish of the historic building; and
iii. Be designed so that any new exterior door for the accessory dwelling unit is not facing the front yard, unless this requirement prevents creation of the accessory dwelling unit. (Ord. 3650 § 4, 2022)i. Water and Sewer. Accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s Cease and Desist Order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for an accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

3. Accessory Dwelling Unit Design Standards. Except as otherwise provided in this chapter, all accessory dwelling units shall comply with the following design standards:
a. Colors and Materials. The accessory dwelling unit shall be constructed with facade materials identical in color, and identical in texture and appearance to the single-family dwelling or multifamily dwelling, including but not limited to roofing, siding, and windows and doors; and
b. Roof Pitch and Form. The accessory dwelling unit shall match the roof pitch and roof form of the single-family dwelling or multifamily dwelling in order to blend with the architecture of the single-family dwelling or multifamily dwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter.

The Architectural Review Committee may grant such an exception if it finds that an alternative Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 16, Packet Page 314

EXHIBIT A
8 roof pitch and form design are compatible with the single-family or multifamily structure and neighborhood. (Ord. 3650 § 5, 2022)
c. State and Local Building Code Requirements. The accessory dwelling unit shall conform to all applicable State and local building code requirements. The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.

4. Junior Accessory Dwelling Unit Development Standards. Junior accessory dwelling units shall conform with the following:
a. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen, which includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
b. A junior accessory dwelling unit shall have a separate entrance from the entrance of the single-family dwelling.
c. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family dwelling. If provided as part of the singlefamily dwelling, the junior accessory dwelling unit shall have direct access to the single-family dwelling so as to not need to go outside to access the bathroom. d. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the parcel must be the bona fide principal residence of at least one legal owner of the parcel, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. e. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling;
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and
iv. A requirement that either the single-family dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 17, Packet Page 315

EXHIBIT A
9 A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.
f. Parking is not required for junior accessory dwelling units. However, if an existing attached garage is replaced by a junior accessory dwelling unit, each removed parking space must be replaced with an off-street parking space that does not extend into the public right-of-way. If the proposed replacement parking is uncovered parking located in the driveway, the dimensions of the off-street parking space should at least be nine feet by 18 feet and the space may occupy any part of the driveway so long as it does not extend into the public rightof-way and is not located in the front yard setback. g. Junior accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s Cease and Desist Order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for a junior accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

5. Utilities and Impact Fees.
a. Except as provided in subsection (5)(b) of this section, an accessory dwelling unit shall provide a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility, unless the applicant has obtained a sewer lateral inspection performed by a licensed plumber which demonstrating that the sewer lateral meets the City’s standards and specifications. Proof that the sewer lateral meets the City’s requirements shall be submitted on a sewer lateral inspection form provided by the City and completed by the professional who completed the inspection. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the accessory dwelling unit, except that separate water meters shall be required for accessory dwelling units if and when California American Water is allowed to connect new water meters. (Ord. 3650 § 6, 2022)
b. Junior accessory dwelling units and accessory dwelling units converted from the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit is constructed within a new single-family dwelling.
c. All utility extensions shall be placed underground.
d. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the single-family dwelling or multifamily dwelling.

6. Process and Timing.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 18, Packet Page 316

EXHIBIT A
10 a. Permit Review. The City requires a building permit and, as applicable, any additional services permits, to create and serve an accessory dwelling unit or junior accessory dwelling unit.
i. The City must approve or deny an application for a permit to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date that the City receives the completed application without discretionary review or a hearing, unless either:
(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
(2) When an accessory dwelling unit or a junior accessory dwelling unit is submitted along with a permit application to create a new single-family dwelling or multifamily dwelling on the parcel, the City may delay approving or denying the permit application until the City approves or denies the permit application to create the single-family dwelling or multifamily dwelling; or
(3) The applicant requests discretionary architectural review for a second story accessory dwelling unit above a detached garage or carport that exceeds the height limit pursuant to subsection (2)(d)(ii) of this section and/or for alternative roof pitch/form, as provided in subsection (2)(d)(iii) or (3)(b) of this section. (Ord. 3650 § 7, 2022)
ii. If the City denies the permit application, the City will provide to the applicant within the 60 day review period a complete list of the application's deficiencies and describe how the applicant can remedy the application.
iii. If the applicant applies for a demolition permit to demolish a detached garage or carport and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time. b. Mills Act. An accessory dwelling unit or junior accessory dwelling unit proposed on a property subject to a Mills Act contract pursuant to Government Code section 50280 et seq. must comply with the provisions of the contract, including conformance to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standard for Rehabilitation, and the California Historical Building Code. (Ord. 3641 § 20, 2021) SECTION 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

SECTION 6. This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 19, Packet Page 317

EXHIBIT A
11 SECTION 7. Publication. Pursuant to Charter section 4.4, this ordinance shall be published in the Monterey County Herald, a newspaper printed and published in the County of Monterey, at least three days before its adoption.

SECTION 8. The City Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption, as required by State law.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this __ day of __________, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor
City Clerk
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 20, Packet Page 318 ATTACHMENT 3

DRAFT ORDINANCE AMENDMENTS WITH STRIKETHROUGH/UNDERLINE SECTION 2. Monterey City Code Section 38-11 “Definitions” “Accessory Dwelling Unit” is hereby amended to read as follows:

Accessory Dwelling Unit: An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a proposed or existing single-family dwelling or existing multifamily dwellingmultifamily dwelling.

An attached accessory dwelling unit is physically attached to the single-family dwelling or multifamily dwelling, including attached garages. A detached accessory dwelling unit is physically separated from the single-family dwelling or multifamily dwelling. An accessory dwelling unit may consist of an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

SECTION 3. Monterey City Code Section 38-112.6 is hereby replaced in its entirety as follows:

1. General Requirements. All accessory dwelling units shall conform with the following:
a. The parcel must be zoned to allow single-family or multifamily use. b. The parcel may contain the following number of accessory dwelling units:
i. Single-Family BuildingDwelling. One accessory dwelling unit may be developed perA lotparcel with an existing or proposed single -family dwelling may contain one of the following:.
(1) A new construction accessory dwelling unit may be developed as attached to or detached from the single-family dwelling.
(2) An accessory dwelling unit within the walls of a proposed or existing singlefamily dwelling or within an existing accessory structure, including detached garages, may be developed if the unit has exterior access separate from the proposed or existing single-family dwelling; the side and rear setbacks are sufficient for fire and safety; and an expansion of the accessory structure for ingress and egress is not more than 150 square feet.
(3) Both one accessory dwelling unit and one junior accessory dwelling unit may be developed on the same parcel with a proposed or existing single-family dwelling if the accessory dwelling unit is developed as either of the following:
a. A new construction, detached accessory dwelling unit up to 800 square feet in size, up to 16 feet in heightthe allowed height in subsection (2)(d) of this section, and with minimum four-foot side and rear setbacks; or b. The accessory dwelling unit meets the standards of subsection (1)(b)(i)(2) of this section.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 21, Packet Page 319 ATTACHMENT 3
ii. Multifamily BuildingMultifamily Dwelling. A parcel with a multifamily dwelling may contain one of the following:
(1) A parcel with no more than one a proposed or existing multifamily dwelling may containconstruct one of the following:
a. One new constructionattached accessory dwelling unit meeting the standards of subsection (2)may be developed as attached to the multifamily dwelling; orOne accessory dwelling unit may be developed on a parcel with an existing multifamily building.
b. Up to two detached accessory dwelling units may be developed if the accessory dwelling units are detached, does not exceed up to the allowed height in subsection (2)(d) of this section, and haves at least four-foot side and rear setbacks; or.
(2) A parcel with On a parcel with no more than one an existing multifamily buildingmultifamily dwelling may contain. accessory dwelling units converted from Pportions of the building that are not used as livable space may be converted into accessory dwelling units. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted multifamily dwelling units, or one, whichever is greater; or. b. No more than two detached accessory dwelling units. The accessory dwelling units may be up to 16 feet in height and must have at least four-foot side and rear setbacks.
c. At the time of application, the property owner shall acknowledge in writing that:Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. The accessory dwelling unit(s) may not be sold separately from the existing or proposed single-family dwelling or multifamily dwellingmultifamily dwelling; and ii. Neither the accessory dwelling unit(s) nor the junior accessory dwelling unit may be used for short-term residential rentals of less than 30 consecutive days.

Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the City to notify future owners of the requirements of this subsection (1)(c). A copy of the recorded covenant shall be filed with the Building DepartmentDivision prior to issuance of a building permit. d. Exemptions.
i. Notwithstanding the development and design standards of this section, accessory dwelling units that meet the standards in subsection (1)(b)(i)(2), (1)(b)(i)(3)(1)(b)(i)(3)(a), or (1)(b)(ii)(2)(1)(b)(ii)(21)(b), or (1)(b)(ii)(2) of this section are permitted.
ii. Notwithstanding subsection (1)(c), a single -family dwelling and accessory dwelling unit that were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Ssection 65852.26, may be conveyed pursuant to a Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 22, Packet Page 320 ATTACHMENT 3
tenancy in common agreement that allocates an undivided, unequal interest in the property based on the size of the dwelling that each buyer occupies if the development and the transaction meet the requirements of Government Code Section 65852.26. e. Fire sprinklers shall not be required in the accessory dwelling unit unless fire sprinklers are required for the primary single -family dwelling or multifamily dwelling. Fire sprinklers shall not be required for an existing single -family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit. f. An accessory dwelling unit or junior accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the parcel upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the parcel. g. An aAccessory dwelling units or and Jjunior accessory dwelling units shall not be permitted where not allowed within the airport safety zone pursuant toby the Airport Land Use Planare prohibited in Airport Safety Zones 1 and 6, pursuant to the 2019 Monterey Airport Land Use Compatibility Plan.
h. An accessory dwelling unit or junior accessory dwelling unit conforming to the provisions of this subsection shall be approved ministerially as provided in Section 38-153(B).

2. Accessory Dwelling Unit Development Standards. Except as otherwise provided in this Section 38-112.6, all accessory dwelling units shall comply with the following development standards:
a. Except as modified by this section, tThe accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter; unless any of the following are true.

Notwithstanding this requirement:
i. (i) the accessory dwelling unit is contained in a nonconforming structure that is unpermitted and/or nonconforming with zoning and/or State and local building code requirements and all of the following apply:
(1) and the creation of an accessory dwelling unit does not expand or affect the nonconformity or the building code violations, and
(2) or the nonconformity does not pose a threat to public health and safety. ii. the unpermitted accessory dwelling unit was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, California Government Code section 65852.2, and/or State and local building code requirements.

However, the city can deny the application for an unpermitted accessory dwelling unit as described in this subsection (a)(ii) if the building is deemed substandard under Section 17920.3 of the Health & Safety Code or if the Building Official makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
(iii.) the applicable provisions of this chapter Chapter 38 are inconsistent with the provisions of this Section 38-112.6section, in which case the standards of this section shall apply.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 23, Packet Page 321 ATTACHMENT 3
b. Floor Area.
i. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code sSection 17958.1. ii. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom and 1,000 square feet for a unit that contains more than one bedroom.
c. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located. i. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing, legal structure, except that:
(1) An expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure is allowed solely for the purpose of accommodating ingress and egress.
(2) Setbacks shall be sufficient for fire safety.
ii. For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.
d. Height.
i. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family or multifamily dwellingsingle -family dwelling or multifamily dwelling, whichever is lower.

However, the accessory dwelling unit may not exceed two stories. ii. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed the following:
(1) 16 feet on a lot with an existing or proposed single-family or multifamily dwellingsingle -family dwelling or multifamily dwelling; (2) 18 feet on a lot with an existing or proposed single-family or multifamily dwellingsingle -family dwelling or multifamily dwelling if the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code sSection 21155. An additional two feetThe accessory dwelling unit may be up to 20 feet in height may be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family or multifamily dwellingsingle -family dwelling or multifamily dwelling
(3) 18 feet on a lot with an existing or proposed multifamily, multistory dwelling. i. Attached or Detached Accessory Dwelling Unit. The height above grade of an attached or detached accessory dwelling unit shall not exceed 16 feet from the ground to the highest point on the roof.snUp to 20 feet may be permitted Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 24, Packet Page 322 ATTACHMENT 3
iii. Second Story Attached Accessory Dwelling Unit/ Above Garage or Carport. If an accessory dwelling unit is attached to a detached garage or carport, then the accessory dwelling unit is a detached accessory dwelling unit. If an detached accessory dwelling unit exceeds the maximum permitted height set forth in subsection (2)(d)(ii) of this section, the applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter if:
(1) The total height of the building, as defined in Section 38-11 (Height, Building),building height is 25 feet or less;
(2) The parcel is within the R-3 zone;
(3) The existing or proposed garage or carport is detached from the existing or proposed single -family dwelling and is at the ground level of the accessory dwelling unit;
(4) No windows or openings are permitted for that portion of the building accessory dwelling unit that is closer than four feet to a property line; and (5) Any window parallel to an adjoining property line and closer than 10 feet shall be either:
a. Opaque and inoperable; or
b. Clerestory windows with a minimum height no less than six feet above floor level. (Ord. 3650 § 2, 2022)
e. Limits on lot coverage, floor area ratio, open space, front setbacks, and size must permit or shall be waived to allowcannot prevent the construction of a detached or attached accessory dwelling unit, with a maximum floor area of 800 square feet, maximum height of 25 feet, and minimum four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards, including but not limited to front yard setbacks. (Ord. 3650 § 3, 2022)
f. Access. An accessory dwelling unit shall have a separate entrance from the singlefamilyother dwelling units. g. Parking.
i. One additional parking space shall be provided per unit or per bedroom, whichever is less, which may be provided as tandem parking on an existing driveway, or in setback areas unless the Community Development Director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions.
ii. No parking may extend into a public sidewalk or public right-of-way. iii. Notwithstanding this provision, no additional parking may be required for an accessory dwelling unit, including an accessory dwelling unit that is being proposed along with a proposed single -family dwelling or multifamily dwelling, that is:
(1) Located within one-half mile walking distance of a public transit stop; Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 25, Packet Page 323 ATTACHMENT 3
(2) Located within one block of a car share vehicle pickup location; (3) Located entirely within the proposed or existing single -family dwelling or multifamily dwellinga primary residence or within an existing accessory structure; (4) Located within an architecturally and historically significant historic district; or (5) Located on a parcel where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. iv. If an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of or replaced by an accessory dwelling unit, the parking spaces need notdo not need to be replaced.
h. Properties with Historic Overlay Zoning or Historic Zoning. Attached or detached accessory dwelling units on a parcel with an H-1 or H-2 designation shall:
i. Be located behind the historic structure, unless these requirements prevent creation of the accessory dwelling unit. If attached, the accessory dwelling unit shall be located at the rear of the main historic structure. If detached, new construction, the accessory dwelling unit shall be located 10 feet behind the rear of the main historic structure; ii. Not exceed 16 feet in height;
iii. Notwithstanding the design standards below, not match the exterior finish of the historic building; and
iiiv. Be designed so that any new exterior door for the accessory dwelling unit will be located at the back of the structure such that the new exterior door is not facing the front yard, unless this requirement prevents creation of the accessory dwelling unit. (Ord. 3650 § 4, 2022)
i. Water and Sewer. Accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s Cease and Desist Order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for an accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD).

Verification of water credits from MPWMD is to be submitted at the time of building permit application.

3. Accessory Dwelling Unit Design Standards. Except as otherwise provided in this chapter, all accessory dwelling units shall comply with the following design standards:
a. Colors and Materials. The accessory dwelling unit shall be constructed with facade materials identical in color, and identical similar in texture and appearance to the singlefamily dwelling or multifamily primary dwellingbuildingdwelling, including but not limited to roofing, siding, and windows and doors; and
b. Roof Pitch and Form. The accessory dwelling unit shall match the roof pitch and roof form of the single-family dwelling or multifamily primary dwelling buildingdwelling in order to blend with the architecture of the single-family dwelling or multifamily primary Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 26, Packet Page 324 ATTACHMENT 3
dwellingbuildingdwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter. The Architectural Review Committee may grant such an exception if it finds that an alternative roof pitch and form design are compatible with the primary single-family or multifamily structure and neighborhood. (Ord. 3650 § 5, 2022)
c. State and Local Building Code Requirements. The accessory dwelling unit shall conform to all applicable State and local building code requirements., including verification from the applicable water district (submitted with the application for a building permit) that sufficient on-site water credits are available for the accessory dwelling unit. The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.

Fire sprinklers may not be required for the accessory dwelling unit unless they are required for the primary dwelling.

4. Junior Accessory Dwelling Unit Development Standards. Junior accessory dwelling units shall conform with the following:
a. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen, which includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
b. A junior accessory dwelling unit shall have a separate entrance from the entrance of the single-family dwelling.
c. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residencedwelling. If provided as part of the primary single-family dwelling, the junior accessory dwelling unit shall have direct access to the single-family primary dwelling so as to not need to go outside to access the bathroom.
d. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the parcel must be the bona fide principal residence of at least one legal owner of the parcel, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. e. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:. A copy of the recorded covenant shall be filed with the Building Department prior to issuance of a building permit:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residencedwelling;
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 27, Packet Page 325 ATTACHMENT 3
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and
iv. A requirement that either the primary residencesingle-family dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

A copy of the recorded covenant shall be filed with the Building DepartmentDivision prior to issuance of a building permit:.
f. Parking is not required for junior accessory dwelling units. However, if an existing attached garage is replaced by a junior accessory dwelling unit, each removed parking space must be replaced with an off-street parking space that does not extend into the public right-of-way. If the proposed replacement parking is uncovered parking located in the driveway, the dimensions of the off-street parking space should at least be nine feet by 18 feet and the space may occupy any part of the driveway so long as it does not extend into the public right-of-way and is not located in the front yard setback. g. Junior accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s Cease and Desist Order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for a junior accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

5. Utilities and Impact Fees.
a. Except as provided in subsection (5)(b) of this section, an accessory dwelling unit shall provide a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility, unless the applicant has obtained a sewer lateral inspection performed by a licensed plumber which demonstrating that the sewer lateral meets the City’s standards and specifications. Proof that the sewer lateral meets the City’s requirements shall be submitted on a sewer lateral inspection form provided by the City and completed by the professional who completed the inspection. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the accessory dwelling unit, except that separate water meters shall be required for accessory dwelling units if and when California American Water is allowed to connect new water meters. (Ord. 3650 § 6, 2022) b. Junior accessory dwelling units and accessory dwelling units converted from the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit is constructed within a new single-family homedwelling.
c. All utility extensions shall be placed underground.

Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 28, Packet Page 326 ATTACHMENT 3
d. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary single -family dwelling or multifamily dwellingunit.

6. Process and Timing.
a. Building-Permit OnlyReview. The City only requires a building permit and, as applicable, any additional services permits, (e.g. water permits, sewer permits, etc.),to create and serve an accessory dwelling unit or junior accessory dwelling unit. There may be additional permits necessary to serve an accessory dwelling unit or junior accessory dwelling unit (e.g. water permits, sewer permits, etc.).
i. The permitting agency City must approve or deny an application for a permit to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date that the permitting agency City receives the completed application without discretionary review or a hearing, unless either: The City must act on an application to create an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date that the City receives a completed application, unless either:
(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.(2) When an accessory dwelling unit or a junior accessory dwelling unit is submitted along with a permit application to create a new primary single -family dwelling or dwellingmultifamily dwelling on the parcel, the City may delay acting approving or denying on the permit application until the City acts approves or denies on thethe permit application to create the single -family dwelling or multifamily dwellingprimary dwelling; or
iii.(3) The applicant requests discretionary architectural review for an a second story accessory dwelling unit above a detached garage or carport that exceeds the height limit pursuant to subsection (2)(d)(ii) more than 16 feet high of this section and/or for alternative roof pitch/form, as provided in subsection (2)(d)(iii) or (3)(b) of this section. (Ord. 3650 § 7, 2022)
ii. If the City denies the permit application, the City will provide to the applicant within the 60 day review period a complete list of the application's deficiencies and describe how the applicant can remedy the application.
iii. If the applicant applies for a demolition permit to demolish a detached garage or carport and a building permit to construct a detached accessory dwelling unit, and the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time. Unless the property is within an architecturally and historically significant historic district, the applicant is not required to provide written notice or post a placard for the demolition of the detached garage that will be replaced with an accessory dwelling unit.
b. Mills Act. An accessory dwelling unit or junior accessory dwelling unit proposed on a property subject to a Mills Act Contract contract pursuant to Government Code section Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 29, Packet Page 327 ATTACHMENT 3
50280 et seq. must comply with the provisions of the contract, including conformance to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standard for Rehabilitation, and the California Historical Building Code. (Ord. 3641 § 20, 2021) Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 30, Packet Page 328 Before the Monterey County Airport Land Use Commission, State of California
Resolution No. 22-005
Finding the existing ordinance and proposed
amendment to Section 38-112.6 of the City
Monterey’s Zoning Ordinance pertaining to
ADUs and JADUs, with proposed
modifications, consistent with the 2019
Airport Land Use Compatibility Plan
(ALUCP) for Monterey Regional Airport.

REF220059, City of Monterey
WHEREAS, on September 6, 2022, the City of Monterey submitted an application (ALUC File No. REF220059) to ALUC staff requesting a consistency determination of Section 38-112.6 of the City of Monterey’s Zoning Ordinance, pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). Section 38-112.6 applies City-wide; and
WHEREAS, the ALUC is responsible for the review of local land use regulations affecting land uses within the Airport Influence Area for Monterey Regional Airport, as identified in the Monterey Regional Airport Land Use Compatibility Plan (ALUCP), incorporated herein by reference, for consistency with the ALUCP; and WHEREAS, in October 2019, the Governor of California signed into law Assembly Bill (AB) 68, AB 881, and Senate Bill (SB) 13 to address the state of California’s housing supply crisis. AB 68 and 881, and SB 13 aim to reduce barriers, establish better streamline approval processes and expand the capacity to accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Additionally, AB 68 amended standards for JADUs and SB 13 made additions to the State Health and Safety Code (added Section 17980.12). The new laws took effect on January 1, 2020; and
WHEREAS, in accordance with Government Code Sections 65852.2 and 65852.22, on November 2, 2021 the City of Monterey amended Chapter 38 of its Zoning Ordinance, through adoption of Ordinance No. 3641, to reflect the new ADU and JADU state law. Ordinance No. 3641 was not referred to the ALUC for review prior to adoption; and
WHEREAS, in September 2022, the Governor of California signed into law AB 2221 and SB 897 to further restrict local regulation of ADUs and JADUs. AB 2221 prohibits a local agency from establishing limits on front setbacks, further streamlines the approval process, and clarifies the definition of ADUs and JADUs. Amongst other changes pertaining to parking standards and application processing, SB 897 increases the maximum height limitation that may be imposed by a local agency to 18 feet (currently 16 feet) if the ADU is within ½ mile walking distance of a major transit stop or a highquality transit corridor. Additionally, SB 897 would allow an ADU to be constructed to a ATTACHMENT 4
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 31, Packet Page 329 height of 25 feet if the ADU is attached to a primary residence. These new laws go into effect on January 1, 2023; and
WHEREAS, the City of Monterey proposes amendments to Section 38-112.6 of the City’s Zoning Ordinance to reflect AB 2221 and SB 897, and on or about October 31, 2022, the City submitted its proposed amendment to ALUC staff for review; and WHEREAS, Section 38-112.6.1.g of the City’s existing and draft Zoning Ordinance states “An accessory dwelling unit or junior accessory dwelling shall not be permitted within the airport safety zone pursuant to the Airport Land Use Plan of the City,” and;
WHEREAS, Section 38-112.6.1.g of the City’s Zoning Ordinance is not clear and needs further specificity and clarification in order for the City’s ordinance to be consistent with the ALUCP, for the reasons described below; and WHEREAS, to protect public safety, the ALUCP provides the following limitations on residential development in the Airport Influence Area per Table 4B (Safety Criteria Matrix) of the ALUCP:
• Safety Zones 1 and 6: residential development, inclusive of ADUs and JADUs, is prohibited;
• Safety Zones 2, 3, and 5: residential development is restricted to low residential and infill in developed areas with a density requirement of 1 dwelling unit per 2 acres;
• Safety Zone 4: residential development is an allowed use but is restricted to 1 dwelling unit per 2 acres;
• Safety Zone 7: residential development is an allowed use with no density restriction; and
WHEREAS, footnote 1 of Table 4B states “residential development must not contain more than the indicated number of dwelling units (excluding secondary units) per gross acre (d.u./ac)”; and
WHEREAS, the ALUCP uses the terms “secondary units” (Table 4B, fn. 1, pg. 4-29) , “secondary dwellings” (pg. 4-16), and “Accessory dwelling units” (Table 4A, fn 3, pg. 4-21) without defining the terms; and
WHEREAS, the ALUC finds that a reasonable interpretation in light of the context in which the terms are used is that these terms are interchangeable and refer to a detached or attached secondary residential dwelling unit, which is subordinate and independent from a main dwelling unit located on the same property; and WHEREAS, accordingly, these terms can be understood to include “accessory dwelling units (ADU)” and “junior accessory dwelling units (JADU)”, which tend to be limited by size and other requirements under state law and local ordinance, but would not include non-habitable structures or second single family dwellings; and ATTACHMENT 4
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 32, Packet Page 330 WHEREAS, the ALUC interprets the term “secondary units” in footnote 1 of Table 4B to include accessory dwelling units and junior accessory dwelling units, meaning that ADUs and JADUs are excluded from the density restrictions of Safety Zones 2-5, are allowable in Safety Zone 7 which has no residential development restriction, and are prohibited in Safety Zones 1 and 6, and accordingly the City’s ordinance needs clarification; and
WHEREAS, pursuant to Table 4A of the ALUCP and Exhibit 2E, Noise Compatibility Criteria and Long Range Noise Exposure Contours, residential development is an incompatible use within the 65-, 70-, or 75- Community Noise Equivalent Levels (CNELs); and
WHEREAS, four residential properties (APNs: 013-231-027-000, 013-231-017- 000, 013-231-018-000 and 013-231-028-000) within the City of Monterey boundaries are located within a 65-, 70-, or 75- CNELs, and therefore, from a noise compatibility standpoint, ADUs and JADUs are considered compatible uses within the residential properties of the City of Monterey except for the four above-referenced properties; and WHEREAS, per the proposed amendment to Section 38-112.6.2.d of the City’s Zoning Ordinance, ADUs are limited to 16 feet in height if detached from the main residence, 18 feet in height if detached from the main residence and within a ½ mile of major transit stop or a high-quality transit corridor or on a lot with an existing multifamily dwelling, and 25 feet in height if attached to a main residence. JADUs must be within the footprint of an existing or proposed single-family dwelling. Pursuant to Table 4B of the ALUCP, development of objects over 35 feet in height requires airspace review in Safety Zones 2 through 5. Within Safety Zones 2 through 5, the maximum allowed height for a single-family dwelling in the City of Monterey is 25 or 35 feet, depending on the underlying land use zoning district. Therefore, future ADU and JADU development will not encroach Part 77 Surfaces and will not require ALUC review with respect to airspace protection criteria (ALUCP Policy 4.2.3.2); and WHEREAS, Section 38-112.6.1.g of the City’s existing and drafted Zoning Ordinance requires clarification in order to be consistent with the ALUCP safety and noise standards, and therefore, the following language is proposed to achieve consistency with the ALUCP:
“Section 38-112.6.1.g. Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in Airport Safety Zones 1 and 6, which do not allow residential use. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is allowable where residential use is consistent with the Airport Land Use Compatibility Plan for the Monterey Regional Airport (ALUCP), as may be periodically amended, and the Accessory Dwelling Unit or Junior Accessory Dwelling Unit meets the following criteria, as applicable:
(i) The Accessory Dwelling Unit does not exceed 850 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and
(ii) The Junior Accessory Dwelling Unit does not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and ATTACHMENT 4
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 33, Packet Page 331 (iii) Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit is required to be constructed to meet Allowable Interior Noise Levels as established by the California Building Standards Code; and
(iv) Neither the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located in noise contour zones where airport noise may equal or exceed 65 CNEL (Community Noise Equivalent Level) as delineated by the ALUCP.” WHEREAS, the above language should be incorporated into the City’s draft ordinance in order for the ordinance to be consistent with the ALUCP. If the City were not to proceed with its draft ordinance, then this change should be made to the existing City ordinance in order for the existing City ordinance to be consistent with the ALUCP; and
WHEREAS, Safety Zones 2, 3, 4, and 5 have the following respective accident risk levels: high, moderate to high, moderate, and low to moderate. The existing and draft ordinance limit one-bedroom ADUs to 850 square feet, two-bedroom ADUs to 1,2000 square feet, and all JADUs to 500 square feet. Therefore, to minimize the risk associated with potential aircraft accidents, the proposed modified Zoning Ordinance language limits ADUs to one bedroom and 850 square feet and JADUs to 500 square feet, thus limiting total occupancy; and
WHEREAS, per correspondence dated September 30, 2022, the Monterey Regional Airport District staff stated its determination that the project is consistent with the ALUCP, provided 1) insulation shall be installed in all habitable rooms of future ADU and JADU developments to ensure interior noise levels do not exceed of CNEL 45 dB, and 2) avigation easements shall be recorded prior to the construction of all future ADU or JADU developments, if one has not already been recorded for the applicable property; and
WHEREAS, the proposed modified Zoning Ordinance language requires all ADUs and JADUs be constructed to meet the Allowable Interior Noise Levels as established by the California Building Standards Code, which addresses the Airport District’s first recommendation; and
WHEREAS, the proposed revision of Section 38-112.6.1.g of the City’s Zoning Ordinance to prohibit ADUs and JADUs in noise contour zones where airport noise may equal or exceed 65 CNEL addresses the Airport District’s second recommendation because Section 4.2.1.6 of the ALUCP requires an avigation easement only for an action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater; and
WHEREAS, on September 12, 2022, the City of Monterey agreed an extension of the mandated 60-day ALUC review period for its existing ordinance (Policy 4.1.11.2), and the ALUC hearing for the proposed ordinance amendment is within the 60 day review period; and
ATTACHMENT 4
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 34, Packet Page 332 WHEREAS, on November 14, 2022, the ALUC conducted a duly noticed public meeting to consider Section 38-112.6 of the City of Monterey’s Zoning Ordinance, both in its existing form and as proposed to be amended by the City.

NOW, THEREFORE, BE IT RESOLVED, the Monterey County Airport Land Use Commission does hereby find the City’s existing ordinance and its proposed amendment (update) to Section 38-112.6 of the City of Monterey’s Zoning Ordinance consistent with the 2019 Airport Land Use Compatibility Plan for Monterey Regional Airport, provided that the City modifies Section 38-112.6.1.g of the proposed ordinance (or existing ordinance) to include the following language:
“Accessory Dwelling Units and Junior Accessory Dwelling Units are prohibited in Airport Safety Zones 1 and 6, which do not allow residential use. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit is allowable where residential use is consistent with the Airport Land Use Compatibility Plan for the Monterey Regional Airport (ALUCP), as may be periodically amended, and the Accessory Dwelling Unit or Junior Accessory Dwelling Unit meets the following criteria, as applicable:
(i) The Accessory Dwelling Unit does not exceed 850 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and
(ii) The Junior Accessory Dwelling Unit does not exceed 500 square feet in Airport Safety Zones 2, 3, 4, and 5, as delineated by the ALUCP; and (iii) Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit is required to be constructed to meet Allowable Interior Noise Levels as established by the California Building Standards Code; and
(iv) Neither the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located in noise contour zones where airport noise may equal or exceed 65 CNEL (Community Noise Equivalent Level) as delineated by the ALUCP.” //
PASSED AND ADOPTED on this 14th day of November 2022, upon motion of Commissioner Delgado and seconded by Commissioner Cleveland by the following vote, to-wit:

AYES: Commissioners Carbone, Cleveland, Scherer, and Delgado NOES: Commissioner Sabo
ABSENT:

ABSTAIN:

ATTEST
Erik Lundquist, AICP, Secretary to the ALUC
By: _________________________________________
Fionna Jensen, Designee of Secretary to the ALUC
November 14, 2022
ATTACHMENT 4
Council Regular Meeting, 3/7/2023, Item No. 11., Item Page 35, Packet Page 333