Agenda packet — Monterey City Council, May 16, 2023 (part 3 of 3)

Responsible
Party(ies)
n Camp Roberts
Strategy Type Timeframe Partner(s)
n California Fish &
Game Department
n USFWS
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 337, Packet Page 529 7-66 Final Administrative Draft Potential Implementation Strategies PT-2D: Increase visibility of enforcement notices in hunting areas.

Increase visible interagency hunter safety enforcement during the hunting season among all designated State and Federal agency partners including California Department of Fish & Wildlife wardens, National, US Forest and Parks rangers, and FHL Military Police, Range Control and Natural Resources Division personnel.

Responsible
Party(ies)
n Camp Roberts
n Fort Hunter Liggett
Strategy Type Timeframe Partner(s)
n California Fish &
Game Department
n USFWS
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 338, Packet Page 530 Monterey Regional Compatible Use Study Final Administrative Draft 7-67 Potential Implementation Strategies 7
Resiliency (RE)
RE-1: There is a concern regarding wildland fires at Fort Hunter Liggett and Camp Roberts and in the areas surrounding the installations.

The South County Study Area is in a semi-arid climate zone that is relatively undeveloped. High temperatures, minimal precipitation, and low humidity during summer months along with abundant vegetation that provides a natural fuel load increase the risk of wildland fires.

Recommended Strategy(ies)
RE-1A: *Coordinate future updates to community hazard mitigation plans.

Monterey and San Luis Obispo counties should update their HMPs to identify the specific role and function of Camp Roberts and FHL as it pertains to the safety of the region.

Responsible
Party(ies)
n Monterey County
n San Luis Obispo
County
Strategy Type Timeframe Partner(s)
n Camp Roberts
n Fort Hunter Liggett
RE-1B: *Review and Update Mutual Aid Agreements.

Camp Roberts and FHL and stakeholder jurisdictions should collaborate to ensure the necessary wildland fire mutual aid coordination and agreements are in place.

The California Fire Service and Rescue Emergency Mutual Aid Plan should be used to guide any revised and/or new agreements required to ensure adequate wildland fire preplanning, mitigation actions and fire suppression support is available for both the military installation and local communities.

Responsible
Party(ies)
n Camp Roberts
n Fort Hunter Liggett
n Stakeholder
jurisdictions
Strategy Type Timeframe Partner(s)
n Other public
agencies as needed
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 339, Packet Page 531 7-68 Final Administrative Draft Potential Implementation Strategies Resiliency (RE)
RE-1C: *Coordinate fire suppression training.

Camp Roberts and FHL should continue to work with the California Department of Forestry and Fire Protection (CAL FIRE) and local fire protection agencies/departments to conduct joint training exercises at Camp Roberts and/or Fort Hunter Liggett. Coordinated wildfire training with CAL FIRE at Camp Roberts should continue as part of the California Nation Guard Task Force Rattlesnake established in 2019.

Responsible
Party(ies)
n Camp Roberts
n Fort Hunter Liggett
n CAL FIRE
Strategy Type Timeframe Partner(s)
n Other public
agencies as needed
RE-1D: Adopt Mechanical Thinning and Prescribed Burn Techniques to reduce fuel load.

Installations, local governments, and fire agencies should continue to coordinate and collaborate on identification of critical management areas where wildland fire threatens homes and communities with a particular emphasis on WUI areas.

Responsible
Party(ies)
n Camp Roberts
n Fort Hunter Liggett
n CAL FIRE
n Stakeholder
jurisdictions
Strategy Type Timeframe Partner(s)
n US Forest Service
RE-1E: Partner with local American Indian Tribes for regional wildfire planning.

Regional fire agencies and jurisdictions should partner with local Native America Tribes to conduct ceremonial prescribed burns using native practices and other fire management practices as part of a comprehensive fire mitigation strategy.

Responsible
Party(ies)
n Regional fire
agencies
n Stakeholder
jurisdictions
n American Indian
tribes
Strategy Type Timeframe Partner(s)
n Other public
agencies as needed
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 340, Packet Page 532 Monterey Regional Compatible Use Study Final Administrative Draft 7-69 Potential Implementation Strategies 7
Resiliency (RE)
RE-1F: Prepare a well-drilling / water line extension / Bambi-bucket dip stations project to provide pump truck access to water to remote areas along Nacimiento Road.

The Monterey Regional Implementation Working Group and/or local communities should identify a project and prepare an application package for grant funding through a variety of federal grant programs including Building Resilient Infrastructure and Communities (BRIC), Defense Community Infrastructure Program (DCIP), or U.S. Forest Service.

Responsible
Party(ies)
n Monterey Regional
Implementation
Working Group
and/or local
communities
Strategy Type Timeframe Partner(s)
n OLDCC
n U.S. Forest Service
RE-1G: *Continue to promote joint fire management awareness program for the general public.

Monterey Regional CUS partners and/or affected jurisdictions should leverage federal, state, and local resources to develop Fire Management Awareness educational brochures and other tools to inform the public on how to prepare homes and grounds to mitigate structure fires, recognize the beginning of the fire, and steps to take to alert the appropriate authorities. Work with local TV stations to air special editions on Fire Management Awareness during wildland fire season.

Responsible
Party(ies)
n Monterey Regional
CUS partners
Strategy Type Timeframe Partner(s)
n Local TV stations
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 341, Packet Page 533 7-70 Final Administrative Draft Potential Implementation Strategies Resiliency (RE)
RE-2: Concern that the remote location of Fort Hunter Liggett can create barriers to recruitment efforts.

FHL is located in a remote area of southern Monterey County. There are concerns that the remote area in which FHL is located will create barriers for retaining and recruiting personnel to work at Fort Hunter Liggett.

Recommended Strategy(ies)
RE-2A: Communicate Army workforce needs.

FHL should communicate workforce needs to surrounding communities and economic development organizations to assist with recruiting. Local primary and secondary education, job opportunities for dependents (including part-time and flexible hours), housing options in the community, and the overall quality of life should be emphasized.

Responsible
Party(ies)
n Fort Hunter Liggett
Strategy Type Timeframe Partner(s)
n Surrounding
communities
RE-3: State-wide drought conditions create resiliency concerns.

Drought conditions throughout California continue to be an issue for military resiliency due to water availability and increased wildfire risks.

Recommended Strategy(ies)
RE-3A: Plan infrastructure improvements for water resiliency.

Camp Roberts and FHL should continue to identify infrastructure improvements, such as interconnectivity, redundancy, and shared reserves, to ensure the availability of infrastructure during service disruptions. Projects such the water reuse facility underway at FHL should be planned
and implemented.

Responsible
Party(ies)
n Camp Roberts
n Fort Hunter Liggett
Strategy Type Timeframe Partner(s)
n Other public
agencies as needed
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 342, Packet Page 534 Monterey Regional Compatible Use Study Final Administrative Draft 7-71 Potential Implementation Strategies 7
Resiliency (RE)
RE-3B: Coordinate regionally for water availability.

Camp Roberts and FHL should work with state, regional and local water management agencies to identify redundant potable water supply sources Currently both installations use groundwater sources for potable water.

Responsible
Party(ies)
n Fort Hunter Liggett
n Camp Roberts
Strategy Type Timeframe Partner(s)
n Other public
agencies as needed
RE-4: There is a need for power redundancy and resiliency at military installations.

Power/energy redundancies are needed at Camp Roberts to ensure that the installation remains resilient into the future.

Recommended Strategy(ies)
RE-4A: Develop a Military Installation Resiliency Plan.

Camp Roberts should develop a Military Installation Resiliency Plan to develop and implement a series of recommendations that make Camp Roberts more resilient to natural and man-made disasters. The Installation Resiliency Plan should identify requirements of critical assets, identify mission-critical activities for Camp Roberts and surrounding communities, define interdependent infrastructure relationships and essential needs, develop opportunity costs for the implementation of resilient technologies, and develop metrics with which success can be measured for implementation.

Responsible
Party(ies)
n Monterey Regional
CUS Working
Group and/or
local communities
Strategy Type Timeframe Partner(s)
n Fort Hunter Liggett
n Camp Roberts
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 343, Packet Page 535 7-72 Final Administrative Draft Potential Implementation Strategies Roadway Capacity (RC)
RC-1: Inadequate width and poor roadway conditions on Jolon Road negatively impact access to Fort Hunter Liggett, rural communities, and recreation/tourist attractions.

Jolon Road is the main road that provides access to Fort Hunter Liggett, rural communities (e.g., Lockwood, Jolon), and recreation/tourist attractions (e.g., Mission San Antonio de Padua, Lake San Antonio, wineries/tasting rooms, campgrounds, etc.). This road currently is inadequate for traffic types and vehicle loads, creating potentially unsafe access to Fort Hunter Liggett, and the surrounding communities/areas.

Recommended Strategy(ies)
RC-1A: Review potential for Defense Access Road project.

Monterey County and FHL should review the requirements and process for requesting Defense Access Road designation for Jolon Road and determine if it would be appropriate to initiate a Defense Access Road traffic study or transportation project.

Responsible
Party(ies)
n Monterey
County
n Fort Hunter
Liggett
Strategy Type Timeframe Partner(s)
n Monterey
County
n Caltrans
RC-1B: Identify a project for Federal Lands Access Program.

Monterey County should identify project and prepare an application package for the Federal Lands Access Program (FLAP) through the Federal Highway Administration.

Monitor the status of the call for projects to determine availability of funds and timing for the application: https://highways.dot.gov/federal-lands/programs-access.

Responsible
Party(ies)
n Monterey
County
Strategy Type Timeframe Partner(s)
n Federal
Highway
Administration
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 344, Packet Page 536 Monterey Regional Compatible Use Study Final Administrative Draft 7-73 Potential Implementation Strategies 7
Roadway Capacity (RC)
RC-1C: Prepare a project for Building Resilient Infrastructure and Communities (BRIC) application for improvements to Jolon Road as a critical access route for mutual emergency response support for wildland fires and other emergencies.

The Monterey Regional Implementation Working Group and/or local communities should identify a project and prepare an application package for grant funding through the Federal Emergency Management Agency’s BRIC Program. Jolon Road is the only accessible route supporting mutual aid between FHL and King City, CA. The development of this potential project will require a partnership with FHL to obtain support and identify the need for the roadway project to support mission readiness.

Responsible
Party(ies)
n Monterey
Regional CUS
Working Group
and/or local
communities
Strategy Type Timeframe Partner(s)
n FEMA
n Fort Hunter
Liggett
n King City
RC-1D: Prepare a project for future Defense Critical Infrastructure Program (DCIP) opportunities to address roadway improvements.

The affected communities should develop a project for roadway improvements on Jolon Road in preparation for Defense Community Infrastructure Program grants through OLDCC dependent on annual program funding and application rules. The development of this potential project will require a partnership with FHL to obtain support and identify the need for the roadway project to support mission readiness. Jolon Road is the only accessible route supporting mutual aid between Fort Hunter and King City, CA.

Responsible
Party(ies)
n Monterey
Regional CUS
Working Group
and/or local
communities
Strategy Type Timeframe Partner(s)
n Fort Hunter
Liggett
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 345, Packet Page 537 7-74 Final Administrative Draft Potential Implementation Strategies RC-2: Poor roadway conditions on Airport Road impacts access to the Paso Robles Municipal Airport.

There are currently joint uses at the Paso Robles Municipal Airport between the City and Camp Roberts. The City expressed interest in expanding joint use at the airport; however, the roadway conditions of Airport Road need to be addressed to support expanded joint use by the ARNG and City of Paso Robles.

Recommended Strategy(ies)
RC-2A: The City of Paso Robles should work with Camp Roberts and the FAA for roadway improvement funding.

The City of Paso Robles should pursue a statement of need from the Camp Roberts Commander and the FAA to support grants for roadway improvements.

Responsible
Party(ies)
n City of Paso
Robles
Strategy Type Timeframe Partner(s)
n Camp
Roberts
n FAA
ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 346, Packet Page 538 ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 347, Packet Page 539 ATTACHMENT 1
Council Regular Meeting, 5/16/2023, Item No. 15., Item Page 348, Packet Page 540 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Chris Schmidt, Senior Associate Planner
SUBJECT: Consider the Planning Commission’s Recommendation to Approve 912 Del Monte Center Text Amendment Application TM-22-0217 to Amend the Del Monte Center SC Plan Land Use Regulations to Modify Permitted Uses at the Shopping Center ; Applicant Sarah Cuban, Wald, Ruhnke & Dost Architects, LLP; Owner American Assets Trust; C-2-SC Zoning District; Commercial General Plan Designation (Exempt from CEQA per Article 19, Section 15305, Class 5) RECOMMENDATION:

That the City Council consider the Planning Commission’s recommendation to approve the text amendment to allow modified uses at the shopping center.

VALUE DRIVER:

Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

POLICY IMPLICATIONS:

The Del Monte Center SC Plan currently allows uses permitted in the C-2 zoning district, but includes prohibitions on business and professional office uses, including doctors (including osteopaths and chiropractors), lawyers, dentists, architects, and accountants, and allows laundromats, branch post offices and Christian Science reading rooms. The proposed land use regulation change would allow additional commercial office uses at Del Monte Center which are currently prohibited.

FISCAL IMPLICATIONS:

The amendment could potentially reduce sales tax revenues.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes a minor alteration in land use limitations involving an expansion of allowed professional and business uses. Business and professional office uses were allowed in the Del Monte Center plan; however, specific types of offices were prohibited. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Date: 5/16/2023
Item No.: 16.

Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 1, Packet Page 541 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site is developed with an existing shopping center and is not particularly sensitive. The amended land use would not result in new development.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed project would not create a cumulative impact because it involves a minor change in land use requirements that would allow office uses similar to existing and allowed uses.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project site is developed and situated in an established commercial shopping center. There are no unusual circumstances with the project or the site.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project site is adjacent to a scenic highway but would not result in construction visible from offsite. New office uses would be located within existing buildings onsite.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The project site is not located on a hazardous waste site pursuant to Section 65962.5 of the Government Code.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The subject site is located in an established commercial shopping center and is not historic. Therefore, impacts to historic structures would not occur. The site is partially located in an archaeologically sensitive area; however, the project does not propose construction of new buildings or disturbance of previously undisturbed area. Therefore, impacts to historical resources would not occur.

ALTERNATIVES CONSIDERED:

The City Council may deny the application, as amended. Initially City staff did not support the amendment that went before the Planning Commission because the Del Monte Shopping Center is one of the primary areas in the City which is zoned and intended specifically for retail uses, and is also a large sales tax generator. Further elimination of retail uses in exchange for service and office uses would reduce sales tax revenue potential. An article by HdL Companies (Attachment 5) surmises that brick-and-mortar retail, which suffered during the 2020 COVID19 pandemic, has since rebounded with consumers finding greater desire for physical, in-store Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 2, Packet Page 542 shopping experiences. Additionally, the City contains a significant amount of property which is zoned for office use and staff sees no need for additional office space. However, the application, as amended by the applicant and as recommended by the Planning Commission, can be supported by staff.

DISCUSSION:

Sarah Cuban, Wald, Ruhnke & Dost Architects, LLP, applicant, amended the application during the Planning Commission review process. The original application amended the Del Monte Center SC Plan to allow the Del Monte Center to have up to 5% (33,666.45 square feet) of its gross leasable area used for office and medical uses, such as but not limited to, Chiropractic, Dentist, Orthodontics, Optometry, Financial Services, Tax preparation, travel services. For the second Planning Commission hearing, the applicant amended the application to limit Office, Business and Professional uses to 6,000 square feet of leasable area, as well as specifically allowing dentists, tax and financial services, and chiropractors.

Background
The Del Monte Shopping Center is a 46.75-acre site zoned C-2-SC (Community Commercial District with a SC Planned Commercial Overlay District). The shopping center is comprised of three parcels (APNs 001-761-047-000, 001-761-048-000, 001-761-039-000) containing 16 buildings, totaling 642,980 square feet of commercial uses, which predominantly include retail, restaurants, grocery store, and theater. The C-2 Community Commercial District is intended to provide sites for retail shopping areas containing a wide variety of commercial establishments, including: retail stores and businesses selling home furnishings, apparel, durable goods, and specialty items; restaurants; commercial recreation; service stations; and business, personal and financial services. As it is written today, the C-2 zoning district permits office uses, including professional and medical offices (Monterey City Code section 38-15 use classification definition for Offices, Business and Professional). The SC overlay district purpose is to provide for the development of new planned shopping centers on sites of adequate size for the intended uses, and which are designed as a single architectural unit. (City Code section 38-78.) Figure 1. Aerial photograph identifying the Del Monte Shopping Center location.

Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 3, Packet Page 543 The Del Monte Center SC Plan (“Plan”) was originally created in 1963 and amended multiple times thereafter. The plan includes regulations for the maximum allowed gross leasable area (673,329 sq. ft.), minimum parking requirements (4.5 spaces per 1000 sq. ft.), and permitted and prohibited uses (resolution 09-145 C.S.):

Permitted uses in the Del Monte Shopping Center shall be as allowed in the C-2, Community Commercial, zone with the following modifications:

A. The following professional and business uses are specifically prohibited:

1. Doctors (including osteopaths and chiropractors),

2. Lawyers,

3. Dentists,

4. Architects, and,

5. Accountants.

B. The following professional and business uses are specifically allowed:

1. Photographers,

2. Barber and beauty shops,

3. Cleaning and laundry pick-up stations,

4. Dispensing opticians,

5. Laundromats (including coin-operated dry cleaning),

6. Branch post office,

7. Christian Science reading room,

8. One (1) each of the following:
a. Real estate broker,
b. Travel bureau and airline ticket agency,
c. Stock broker,
d. Insurance agent,
e. Title insurance company,
f. Veterinary office (added 01/14/69), and,
g. Loan and credit agency (added 04/13/71).

9. Two (2) of each of the following:
a. Banks (added 02/12/68), and,
b. Savings and loan facilities (added 10/06/70 and 06/13/72, revised 11/12/74).

C. Fast food restaurants without drive-through service/windows, walk-up windows and pushcarts are permitted without a Use Permit within buildings and pedestrian walkways in areas A and B on the attached map which have been developed in conformity with the adopted SC Plan. A Use Permit will be required for all fast food restaurants, walk-up windows and pushcarts within area C of the attached map.

D. A seasonal outdoor farmers market is permitted upon review and approval of a Use Permit by the Planning Commission.

The applicant originally proposed to eliminate section A from the SC plan regulations above and allow up to 5% of the site be permitted for use as Offices, Business and Professional, as defined below:

Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, financial or administrative services, such as architectural, computer Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 4, Packet Page 544 software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, legal, medical/dental and title offices and banks and savings and loan offices which do not have on site circulation of cash. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.

1. Offices, Medical: Offices for physician, dentist, psychiatrists, acupuncturists, and chiropractors.

2. Offices, Medical -- Extended Care: Medical facilities where persons require 24 hours supervised care for a period of time not to exceed 90 days. This use does not include patients seeking emergency medical care or hospital acute care as defined in Section 38-17(H) and (J). (Ord. 3625 § 2, 2020)
On March 14, 2023, the Planning Commission reviewed the proposal and requested that the applicant consider revising the existing land use chart within the Del Monte SC Plan.

The applicant proposed revised language limiting Office, Business and Professional uses to 6,000 square feet of leasable area, as well as specifically allowing dentists, tax and financial services, and chiropractors, as shown below in redline and strikethrough:

Permitted uses in the Del Monte Shopping Center shall be as allowed in the C-2, Community Commercial, zone with the following modifications:

A. The following professional and business uses are specifically prohibited:

1. Doctors (including osteopaths and chiropractors),

2. Lawyers,

3. Dentists,

4. Architects, and,

5. Accountants.

Office, Business and Professional uses (as defined by the City’s Zoning Ordinance) are allowed, not to exceed 6,000 square feet of leasable area.

B. The following professional and business uses are specifically allowed:

1. Photographers,

2. Barber and beauty shops,

3. Cleaning and laundry pick-up stations,

4. Dispensing opticians,

5. Laundromats (including coin-operated dry cleaning),

6. Branch post office,

7. Christian Science reading room,

5. Dentists

6. Tax and Financial Services

7. Chiropractors

8. One (1) each of the following:
a. Real estate broker,
b. Travel bureau and airline ticket agency,
c. Stock broker,
d. Insurance agent,
e. Title insurance company,
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 5, Packet Page 545 f. Veterinary office (added 01/14/69), and,
g. Loan and credit agency (added 04/13/71).

9. Two (2) of each of the following:
a. Banks (added 02/12/68), and,
b. Savings and loan facilities (added 10/06/70 and 06/13/72, revised 11/12/74).

D. A seasonal outdoor farmers market is permitted upon review and approval of a Use Permit by the Planning Commission.

On March 28, 2023, the Planning Commission reviewed the revised proposal and adopted a resolution recommending that the City Council approve the proposal with the following modifications, with which the applicant agreed:

Office, Business and Professional uses would be allowed, up to 6,000 square feet, but doctors, lawyers, dentists, architects, and accountants would remain prohibited, with the exception that tax and financial services and chiropractors would be specifically allowed (section B).

Additionally, laundromats, branch post offices and Christian Science reading rooms would be removed from Section B.

Analysis
The Planning Commission discussed that the proposed amendment limited the business and professional uses to 6,000 square feet. They discussed that this land use change was a minor change in their opinion.

Pursuant to City Code section 38-80, authorized uses may be included in an approved SC plan that is consistent with the General Plan Land Use Designations for land within the SC district.

The proposed SC Plan amendment is consistent with the General Plan as follows:

Goal a. Maintain and encourage a strong economic base which will provide tax income for City services, jobs for Monterey residents, and services for residents and visitors. Encourage civic and business decisions which provide taxes to support City services to residents and which provide employment opportunities to residents.

Policy a.1. Provide a balance between the economy, preservation of natural and historic resources, and preservation of residential areas and services.

Policy a.3. Explore ways to diversify the Monterey economy to provide higher paying jobs and a balance to cyclical elements of the visitor economy.

Policy a.4. Encourage small businesses and unique locally owned businesses.

The proposed amendment is also consistent with the C-2 Community Commercial District land use designations.

Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 6, Packet Page 546 Attachments: 1. Resolution Approving Text Amendment Application TM-22-0217, with Exhibit A (Planning Commission Resolution Recommending Approval)

2. Applicant Submittal Letter

3. Site Map

4. Article: HdL Companies

5. Planning Commission Minutes
e: Sarah Cuban, WRD Architects, Applicant
Henry Ruhnke, WRD Architects
Jerry Gammieri, American Assets Trust, Owner’s Representative Joseph Davi, The Joint Chiropractic
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, 5/16/2023, Item No. 16., Item Page 7, Packet Page 547 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
APPROVING 912 DEL MONTE CENTER TEXT AMENDMENT APPLICATION TM-22-0217

TO AMEND THE DEL MONTE CENTER SC PLAN LAND USE REGULATIONS TO MODIFY

PERMITTED USES AT THE SHOPPING CENTER
WHEREAS, the Del Monte Shopping Center SC Plan, adopted in 1963 and most recently amended in 2009, establishes use and design standards and guidelines for development at the Del Monte Shopping Center;
WHEREAS, the SC plan contains a list of permitted and prohibited uses beyond the basic zoning requirements of the C-2 zoning district;
WHEREAS, applicant Sarah Cuban, WRD Architects, submit a text amendment application on behalf of property owner American Assets Trust to amend the Del Monte Center SC Plan to allow up to 6,000 square feet of leasable area to be used as Office, Business and Professional use, eliminate the prohibition chiropractic office uses, allow tax and financial service and chiropractic office uses, and remove branch post offices and Christian science reading rooms from allowed uses;
WHEREAS, the Del Monte Center SC Plan does not explicitly permit such use and a text amendment that would allow the use;
WHEREAS, on March 28, 2023, the Planning Commission reviewed the revised proposal and adopted a resolution recommending that the City Council approve the proposal with modifications, and the applicant agreed.

WHEREAS, pursuant to City Code section 38-80, authorized uses may be included in an approved SC plan that is consistent with the General Plan Land Use Designations for land within the SC district. The proposed SC Plan amendment is consistent with the General Plan as follows:

Policy a.1. Provide a balance between the economy, preservation of natural and historic resources, and preservation of residential areas and services.

Policy a.3. Explore ways to diversify the Monterey economy to provide higher paying jobs and a balance to cyclical elements of the visitor economy.

Policy a.4. Encourage small businesses and unique locally owned businesses.

The proposed amendment is also consistent with the C-2 Community Commercial District land use designations.

Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 8, Packet Page 548 2 WHEREAS, the City of Monterey Planning determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes a minor alteration in land use limitations involving an expansion of allowed professional and business uses. Business and professional office uses were allowed in the Del Monte Center plan; however, specific types of offices were prohibited. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site is developed with an existing shopping center and is not particularly sensitive. The amended land use would not result in new development.

Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 9, Packet Page 549 3 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 approves Planning Commission Resolution No. P23-007, attached hereto and incorporated by reference as Exhibit A.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 10, Packet Page 550 RESOLUTION NO. P23-007 Date: March 28, 2023
Item No: 5

A RESOLUTION OF THE PLANNING COMMISSION
№12/12

RECOMMENDING TO THE CITY COUNCIL TO AMEND THE DEL MONTE SHOPPING

CENTER SC (PLANNED COMMERCIAL) PLAN
WHEREAS, the Del Monte Shopping Center SC Plan, adopted in 1963 and amended in 2009, establishes use and design standards and guidelines for development at the Del Monte Shopping Center;
WHEREAS, the SC plan contains a list of permitted and prohibited uses beyond the basic zoning requirements of the C-2 zoning district;
WHEREAS, applicant Sarah Cuban, WRD Architects, submit a text amendment application on behalf of property owner American Assets Trust to eliminate the prohibition on chiropractic offices, and allow up to 6,000 square feet of leasable area to be used as Office, Business and Professional use;
WHEREAS, the Del Monte Center SC Plan does not explicitly permit such uses and a text amendment that would allow the uses;
WHEREAS, adopting the amendment is consistent with the General Plan; WHEREAS, the City of Monterey General Plan specifies that the City shall:

Goal a. Maintain and encourage a strong economic base which will provide tax income for City services, jobs for Monterey residents, and services for residents and visitors.

Encourage civic and business decisions which provide taxes to support City services to residents and which provide employment opportunities to residents.

Policy a.1. Provide a balance between the economy, preservation of natural and historic resources, and preservation of residential areas and services.

Policy a.3. Explore ways to diversify the Monterey economy to provide higher paying jobs and a balance to cyclical elements of the visitor economy.

Policy a.4. Encourage small businesses and unique locally owned businesses.

WHEREAS, the Planning Commission held a duly noticed public hearing on March 28, 2023, took public testimony, and considered the proposed amendment as a recommendation to the City Council, and,
WHEREAS, the City of Monterey Planning determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes a minor alteration in land use limitations involving an expansion of allowed professional and business uses. Business and professional office uses were allowed in the Del Monte Center plan; however, specific types of offices were prohibited. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

EXHIBIT A
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 11, Packet Page 551 2 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site is developed with an existing shopping center and is not particularly sensitive. The amended land use would not result in new development.

This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The project site is adjacent to a scenic highway but would not result in construction visible from offsite. New office uses would be located within existing buildings onsite.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends to the City Council to amend the Del Monte Center PC Plan as follows:
"Permitted uses in the Del Monte Shopping Center shall be as allowed in the C-2, Community Commercial, Zone with the following modifications:

A. Office, Business and Professional uses (as defined by the City’s Zoning Ordinance) are allowed, not to exceed 6,000 square feet of the site leasable area, with the following uses specifically prohibited:

1. Doctors (except as permitted under subsection B below)

2. Lawyers

3. Dentists

EXHIBIT A
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 12, Packet Page 552 3 4. Architects

5. Accountants
B. The following professional and business uses are specifically allowed:

1. Photographers,

2. Barber and beauty shops,

3. Cleaning and laundry pick-up stations,

4. Dispensing opticians,

5. Tax and Financial Services

6. Chiropractors

7. One (1) each of the following:
a. Real estate broker,
b. Travel bureau and airline ticket agency,
c. Stock broker,
d. Insurance agent,
e. Title insurance company,
f. Veterinary office (added 01/14/69), and,
g. Loan and credit agency (added 04/13/71)

8. Two (2) of each of the following:
a. Banks (added 02/12/68), and,
b. Savings and loan facilities (added 10/06/70 and 06/13/72, revised 11/12/74).

D. A seasonal outdoor farmers market is permitted upon review and approval of a Use Permit by the Planning Commission.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY this March 28, 2023, by the following vote:

AYES: 4 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Bluth, Dawson
ABSTAIN: 0 COMMISSIONERS: None
APPROVED:

ATTEST:

Planning Commission Chair
Project Planner

EXHIBIT A
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 13, Packet Page 553 November 7, 2022
Chris Schmidt
Senior Associate Planner
City of Monterey
[email protected]
Re: Text Amendment to Del Monte Center Master Plan
Dear Mr. Schmidt,
As you are aware, the Del Monte Center Master Plan specifically excludes doctors, including chiropractors. The owner of Del Monte Center, American Assets Trust, would like to lease space in the shopping center to a local chiropractor. We would like to propose an amendment in the master plan text to allow for not only chiropractors, but also dentists and accountants/H&R Block types.

In 2009, the Monterey City Council made an amendment to the Del Monte Center Master Plan. Included among the changes, the Council specifically prohibited doctors (including osteopaths and chiropractors), lawyers, dentists, architects, and accountants from leasing space at the shopping center. The proposed amendment would not allow for all of these business types, but only the few listed previously.

It is common for shopping centers of this size to lease space to at least one chiropractor, dentist or accountant.

We hope that you would consider this text amendment for the benefit of the Del Monte Shopping Center, prospective tenants and clients that use their services.

Sincerely,
Henry Ruhnke
Principal Architect
2340 Garden Road
Suite 100
Monterey, CA
93940-5347
T: (831) 649-4642
F: (831) 649-3530
www.wrdarch.com
ATTACHMENT 2
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 14, Packet Page 554 HOLLISTER VANS HOT TOPIC THE GAP VERIZON PUBLIC RESTROOM GOLD'S GYM FOREVER 21 CENTURY THEATERS H & M MACY'S MACY'S FURNITURE GALLERY MACY'S FURNITURE GALLERY LALLA GRILL ZUMIEZ CHAMPS VACANT WILLIAMS- SONOMA BANANA REPUBLIC YAMA SUSHI LOVE. SAC

EXPRESS WHITE HOUSE- BLACK MARKET

LENS CRAFTERS

SEPHORA

LUCKY BRAND
APPLE SECURE. MAINT.

LANE BRYANT WHOLE FOODS PETCO

BANK OF

THE WEST

WILD BIRD
HAVEN
WHOLE
FOODS
SALUD VAC. RITE AID POTTERY BARN
SEE'S

SLEEP NUMBER
VAC.

VAC. MEN'S WAREHOUSE ISLANDS UPS

GREAT CLIPS

LULU- LEMON

ZALES COLUMBIA
LUSH
FOOT
LOCKER
LUSH

SWEAT STUDIO AT&T SOMA
SOMA
CHICO'S VAC. STARBUCK'S THINKER TOYS VAC. THE GAP VAC. VAC. PIZZA MY HEART BATH &
BODY WORKS FARNCESCA'S GAMESTOP DAMETRA SUBWAY FIX IT ALL CHIPTOLE VAC. VAC. VICTORIA'S SECRET VAC. SUNGLASS HUT BODY SHOP GREEN'S CAMERA MUNRAS AVE.

CALIFORNIA STATE HIGHWAY 1
18,144 VAC. 75 1,430 1,739 490 950 6566 67 68 69

CLEANERS
18,144 74 75 3,424 ATM 64 24,976 82 5,853 CPK MECHANICAL/ ELECTRICAL 77 79-81 20,536 17,455 212,500 20,000 43,839 20,000 19,600 CLAIRE'S COLD STONE 9290 84 87 837105 1042 6927 7230 3170 1840 91 1C 1a 2 3b 3a 4 1b 6,113 2782 7750 4550 8615 3500 4018 682928 +479 94 12,257 1210 1485 1241 5,712 1,287 1,071 5,211 61 59 58 57 63a 63b 63c 56 1892 1759 50 3257 47 1635 45 8038 52 / 48 2023 42a 2200 44 1800 43 5850 42b 4200 40 39 1680 32 1200 34 1160 361553 38 3500 2308 30 1456 27 26480 800 25 800 25a 2875 24 9040 23a 1027 20b 23a 911 1080 18a 1344 18b 3100 18c 6761 14 1360 18d 875 19a 2253 19b 19c 858 16 1225 15 793 12h 12a 12d 12e 12i 5936 756 1600 3000 36503325 12g 97 100 101 102 5258 1242 936 4588 99 3000 140 154 1417
36 117 119 127
79 154 NOTE: THE USE OF THE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED, AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION, BY ANY METHOD IN WHOLE OR IN PART IS PROHIBITED. TITLE TO THE PLANS AND SPECIFICATIONS REMAINS WITH THE ARCHITECT, AND VISUAL CONTACT WITH THEM CONSTITUTES PRIMA FACIE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS. (MAIN LEVEL) (LOWER LEVEL) (UPPER LEVEL)
(LOWER LEVEL)
(LOWER LEVEL)
(LOWER LEVEL) 140
140 18 14 30 16
25 10 7 7
60 42 116
118 132 30
114
32 144
33126 30 300
250 140
98 220
180 45 62
102 96
48 36 26 26 8
33 81 35 30 5 25 35
35 105 65
100 5 5 23 7
54 51
28 2533 2620 30 69
21 4 58 4 50 22
32 54 40 31
86 17 10 7
48 82 70
97 31 8 252020 54 20
401232 56 40 5
39 50
112
26 36 4
49 21
49 74 21 17 42 526 25 30 40 10 25 49 24 5
40 75
10 19 14 21 9
51 35 29
29 20
18 20
21 30 42 37 2324 40 31 25 30 40 25
21 36 4
65 55 510
60 8037
36 30
60 40
140 30 45 35 47 50 38 42 20 86 16 71 30
70 70 5 3 5 38
39 12

EXPRESS
WHITE HOUSEBLACK MARKET

LENS CRAFTERS

SEPHORA
LUCKY
BRAND
APPLE SECURE. MAINT.

LANE BRYANT WHOLE FOODS PETCO

BANK OF

THE WEST

WILD BIRD
HAVEN
WHOLE
FOODS
SALUD VAC. RITE AID POTTERY BARN
SEE'S
SLEEP
NUMBER
VAC.

VAC.

MEN'S WAREHOUSE ISLANDS UPS
GREAT
CLIPS
LULULEMON

ZALES COLUMBIA
LUSH
FOOT
LOCKER
LUSH
SWEAT

STUDIO AT&T SOMA
SOMA
CHICO'S VAC. STARBUCK'S THINKER TOYS VAC. THE GAP VAC. VAC. PIZZA MY HEART BATH &
BODY WORKS FARNCESCA'S GAMESTOP DAMETRA SUBWAY FIX IT ALL CHIPTOLE VAC. VAC. VICTORIA'S SECRET VAC. SUNGLASS HUT BODY SHOP GREEN'S CAMERA MUNRAS AVE.

CALIFORNIA STATE HIGHWAY 1
18,144 VAC. 75 1,430 1,739 490 950 6566 67 68 69

CLEANERS
18,144 74 75 3,424 ATM 64 24,976 82 5,853 CPK MECHANICAL/ ELECTRICAL 77 79-81 20,536 17,455 212,500 20,000 43,839 20,000 19,600 CLAIRE'S COLD STONE 9290 84 87 837105 1042 6927 7230 3170 1840 91 1C 1a 2 3b 3a 4 1b 6,113 2782 7750 4550 8615 3500 4018 682928 +479 94 12,257 1210 1485 1241 5,712 1,287 1,071 5,211 61 59 58 57 63a 63b 63c 56 1892 1759 50 3257 47 1635 45 8038 52 / 48 2023 42a 2200 44 1800 43 5850 42b 4200 40 39 1680 32 1200 34 1160 361553 38 3500 2308 30 1456 27 26480 800 25 800 25a 2875 24 9040 23a 1027 20b 23a 911 1080 18a 1344 18b 3100 18c 6761 14 1360 18d 875 19a 2253 19b 19c 858 16 1225 15 793 12h 12a 12d 12e 12i 5936 756 1600 3000 36503325 12g 97 100 101 102 5258 1242 936 4588 99 3000 140 154 1417
36 117 119 127
79 154 NOTE: THE USE OF THE PLANS AND SPECIFICATIONS IS RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED, AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE, REUSE, REPRODUCTION OR PUBLICATION, BY ANY METHOD IN WHOLE OR IN PART IS PROHIBITED. TITLE TO THE PLANS AND SPECIFICATIONS REMAINS WITH THE ARCHITECT, AND VISUAL CONTACT WITH THEM CONSTITUTES PRIMA FACIE EVIDENCE OF THE ACCEPTANCE OF THESE RESTRICTIONS. (MAIN LEVEL) (LOWER LEVEL) (UPPER LEVEL)
(LOWER LEVEL)
(LOWER LEVEL)
(LOWER LEVEL) 140
140 18 14 30 16
25 10 7 7
60 42 116
118 132 30
114
32 144
33126 30 300
250 140
98 220
180 45 62
102 96
48 36 26 26 8
33 81 35 30 5 25 35
35 105 65
100 5 5 23 7
54 51
28 2533 2620 30 69
21 4 58 4 50 22
32 54 40 31
86 17 10 7
48 82 70
97 31 8 252020 54 20
401232 56 40 5
39 50
112
26 36 4
49 21
49 74 21 42 526 25 30 40 17 10 25 49 24 5
40 75
10 19 14 21 9
51 35 29
29 20
18 20
21 30 42 37 24 23 40 31 25 30 40 25
21 36 4
65 55 510
60 8037
36 30
60 40
140 30 45 35 47 50 38 42 20 86 16 71 30
70 70 5 3 5 38
39 12

16.75 17.25 4 8 42
32 34 4
56 26
140
44 66
105.75
56 29
28 27 52 281315 24 43 14
38 4 8 4
53 69 43 3422 27 17 40
555 68
73 5
140 39 3522 84
13 39
32 20 35
35 57
14 13 83 25 74
96 74
42 43 78 5204 8 78 26 4
40 (LOWER LEVEL) 12 2 1 7 11 13 11 6 C 5 4 3 B A 8 9 10 2 SHEET NO. FILE NAME: DEL MONTE CENTER 240 DEL MONTE CENTER MONTEREY, CA 93940 DMC-01 DMC-01.dwg PATH OF TRAVEL ATTACHMENT 3 Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 16, Packet Page 556 3/21/23, 2:40 PM HdL Companies on the resilience of brick-and-mortar - PublicCEO https://www.publicceo.com/2022/09/hdl-companies-on-the-resilience-of-brick-and-mortar/ 1/4 HdL Companies on the resilience of brick-and-mortar
Marketplaces, e-commerce software apps and the
pandemic revolutionized the shopping experience, but
does a rise in online sales necessarily mean the demise of brick-and-mortar retail? While the world will never
revert to its former glory (aka florescent lit malls with atrium ceilings and giant pretzels), will physical
storefronts really be a thing of yesteryear? The answer is no, but keep reading to find out why!
Perception vs Reality
Pivotal legislative actions and economic cycles played key roles in framing the perception that brick-and-mortar retail was declining compared to the thriving ascent of online sales. This resonated as a hot topic in California, because it impacted local government sales tax revenues and cultivated long-term concerns Recent News
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Op-Ed: Yippi
CAYimby! Sadly,
California IS Texas
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ATTACHMENT 4
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 17, Packet Page 557 3/21/23, 2:40 PM HdL Companies on the resilience of brick-and-mortar - PublicCEO https://www.publicceo.com/2022/09/hdl-companies-on-the-resilience-of-brick-and-mortar/ 2/4 for the sustainability of these tax revenues from traditional retail formats. Let’s review…
2012 – AB 155
In 2012, Assembly Bill 155 was passed, amending the California Revenue and Taxation Code’s definition of what it meant to be engaged in business in California. It enacted click-through and affiliate nexus provisions on retailers making sales over the internet. As a result of this legislation, the State saw rapid growth in local tax receipts attributed to online sales as more taxpayers came into compliance.
2019 – AB 147
Concerns surrounding remote sellers continued to be an issue nationwide. In the South Dakota vs. Wayfair ruling, the U.S. Supreme Court eliminated the unfair disadvantage to local retailers and correlated shortfalls in local tax revenues.

California quickly reacted and passed AB 147, the Marketplace Facilitator Act. The legislation established a threshold for economic nexus and required marketplace facilitators, like Amazon, to collect and remit taxes on behalf of all third-party sellers, essentially eliminating any tax advantage that online sellers previously enjoyed.
2020 – COVID-19
E-commerce trends accelerated during the pandemic as physical stores temporarily shuttered. Disposable income that historically was spent on nontaxable services/experiences shifted to taxable goods, thus inflating taxable sales during an overall economic downturn. Consumers adapted to new trends like curbside pickup and buy-online-pickup-in-store (BOPIS), reinforcing the use of technology to shop.

The Marketplace Facilitator Act and the pandemic occurred during the same period, obscuring the positive impact the legislation had on total taxable sales and the fact that the additional sales and use tax collected helped soften the blow to local government revenues throughout 2020.

While e-commerce will continue to play a role in local government revenues, brick-and-mortar retail isn’t going away any time soon. The reality is, taxable sales from physical stores grew 24% over the last ten years despite the negative pressures of slower population growth, increased percentage of spending on services/experiences, and online shopping. In 2021, when consumers no longer had to shop from behind the safety of a screen, physical stores grew 18.5% compared to e-commerce growth of 14.2%.¹ This positive trend continued into 2022 with more stores opening than closing.

The Experience of Shopping
The physical act of shopping and touching tangible objects is a form of therapy that online shopping cannot compete with. Consumers enjoy the disconnect from reality, time spent away from home and time not in front of a screen. Back-toschool shopping, be it for a new wardrobe or new school supplies, is an event children look forward to. Mothers enjoy spending time in fitting rooms with March 17, 2023
ATTACHMENT 4
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 18, Packet Page 558 3/21/23, 2:40 PM HdL Companies on the resilience of brick-and-mortar - PublicCEO https://www.publicceo.com/2022/09/hdl-companies-on-the-resilience-of-brick-and-mortar/ 3/4 daughters trying on prom dresses. Husbands find daily, sometimes hourly, excuses to run (away) to Home Depot. In-store shopping provides an experience that we can attach positive emotions to – happy, excited, relieved – making it far more impactful than scrolling and filtering. What’s better than Amazon one-day shipping? The instant gratification of walking out of the store carrying your new favorite shoes and knowing they fit like a glove and you can wear them right away. Spurred by social media likes and spikes of dopamine, today’s society is motivated by instant gratification, so shopping is considered a rewarding and successful experience.

Another type of shopping experience is occurring in the form of trendy pop-ups.

Retail stores like Target and Ikea, and well-known brands like Nike and Google, have set up pop-up shops – temporary retail spaces – to attract crowds and make connections with audiences outside of their typical target personas. This allows retailers to reconnect with those consumers that have been online shopping for the past few years. Shoppers are drawn to and respond accordingly to the “act now before it’s gone” appeal in fear of missing out (FOMO). Again, emotion is a key factor and one that retailers are manipulating as a marketing tactic. Pop-ups are a win-win-win for retailers because they act as experimentation and produce big results, are low cost, and provide the perfect setting for photo ops and social media shares.

Online shopping is convenient but only when you have prior knowledge of upcoming needs and time to shop ahead. Life is full of surprises (and procrastination) that make this impossible at times. How many times has your child announced last minute that they need to build a dinosaur diorama with macaroni noodles in a shoebox and it’s due tomorrow? Run to your neighborhood Target. A colleague just reminded you that tomorrow is National Boss’ Day? Stop at Hallmark on your way home. Brick-and-mortar stores to the rescue! In-store shopping is more reliable and always meeting shopper’s needs on the fly.

The Hidden Costs of E-Commerce
E-commerce business owners are quickly realizing the customer acquisition cost is more than they bargained for. Now that consumers have options again and are enjoying all the perks of brick-and-mortar shopping, it is harder to attract and retain customers. The cost of digital advertising has sky-rocketed, and it doesn’t offer the same audience tracking benefits it did a short while ago. Third party cookies are a thing of the past, so collecting user data and retargeting has become more labor-intensive and time consuming. Not to mention, the time to maintain sites continues to grow as more platforms emerge. And regardless of the platform, it’s becoming harder and harder to be seen in an over-saturated market.

Circling back to the idea that e-commerce is less reliable than storefronts, online orders have a higher return rate. Hitting on the emotions again, consumers are severely disappointed after waiting days to weeks for an order only for it to be the ATTACHMENT 4
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 19, Packet Page 559 3/21/23, 2:40 PM HdL Companies on the resilience of brick-and-mortar - PublicCEO https://www.publicceo.com/2022/09/hdl-companies-on-the-resilience-of-brick-and-mortar/ 4/4 September 19, 2022 | Cities, Economic Development, Local Government, Public Information Share This Story!    
wrong size, poor quality, damaged, etc. In 2021, e-commerce return rates averaged 20.8% and return costs averaged 21% of order value.² On a $100 order that’s $21 out of the retailer’s pocketbook to cover all aspects of logistics, which doesn’t include the time and money spent on customer service to research and remedy the error. Consumers shop frivolously online because they know they can do so without any personal repercussions. They don’t think about the loss of revenue, the supply chain crisis, or even the environmental impact.

Key Takeaway: Optimize and Be
Omnichannel
The pandemic did change many things in the retail environment, but retailers that continue to strive have adapted to the needs of the consumer and this will continue to play a role in their continued success. Taking a hybrid approach, many retailers have adapted by opening smaller-format stores, expanding their online presence, offering curbside pickup and buy-online-pickup-in-store options as well as continuing to reevaluate their future business strategies. Recent legislation has changed the way that taxes from online sales are distributed, making both forums (online and in-person) viable and lucrative options for retailers as we move forward post-pandemic.

Consumers appreciate having options. The convenience of e-commerce paired with the instant gratification of brick-and-mortar offers the best of both worlds and will get retailers the biggest bang for their buck, which in turn brings higher revenues to local governments.

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© Copyright 2023 Public CEO | [email protected] | Privacy Policy ATTACHMENT 4
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 20, Packet Page 560 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638

MINUTES

PLANNING COMMISSION
Tuesday, March 28, 2023
4:00 PM - 5:30 PM

ZOOMGOV TELECONFERENCE
580 PACIFIC STREET, COUNCIL CHAMBER

MONTEREY, CALIFORNIA
Commissioners Present: Fletcher, Brassfield, Freeman, Latasa Commissioners Absent: Bluth, Dawson
Staff Members Present: Community Development Director Cole, Senior Associate Planner Schmidt, Recording Secretary Cleary
*HAfternoon Session Agenda Only*ff
4:00 - 5:30 p.m.

CALL TO ORDER
Chair Fletcher called the meeting to order at 4:01 p.m.

Recording Secretary Cleary provided information to the public on how to participate and provide public comment during the meeting.

CONSENT ITEMS
Approval of Minutes
On a motion by Commissioner Freeman, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission approved both Consent Items as submitted:

AYES: 4 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Bluth, Dawson
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None

2. February 28, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
ACTION: Considered with item 3; approved as submitted.

3. March 14, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
ACTION: Considered with item 2; approved as submitted.
*ffEnd of Consent Agenda*ff

PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 21, Packet Page 561 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638 Planning Commission Minutes Tuesday March 28, 2023
On behalf of Monte Vista Neighborhood Association, Jean Rasch thanked the Planning Commission for their support and commitment to the community through the recent Wireless Ordinance amendment process.

PUBLIC HEARING

4. Consider 601 Wave Street Use Permit UP-22-0224 to Allow a modified Verizon Wireless Services, LLC (Verizon) Personal Wireless Service Facility; Applicant John Scandola, Camp & Associates, Inc. on behalf of Verizon; Owner: City of Monterey; C-2 Zoning District; Public/ Semi-Public General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3
ACTION: Approved Use Permit UP-22-0224 to allow a modified Verizon Wireless Services, LLC (Verizon) Personal Wireless Service facility at 601 Wave Street with the added Condition that the structure's color be changed to a matte gray similar to the building it is attached to
Staff Presentation/Commissioner Questions
Wireless Application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions.

Commissioner Brassfield inquired about the color, suggesting utilizing a color that may be less visible. Ms. Cole confirmed it is within the Planning Commission's purview to change the color and suggested the design was meant to emulate a smokestack. Commissioner Latasa agreed about the comment on color and asked Mr. Hittleman for help on color selection.

Commissioner Latasa shared concerns aboutthe Radio Frequency (RF) angles potentially changing over time and asked what conditions could be applied to ensure the structure does not slip from elemental exposure to project downward. Mr. Hittleman said that after the structure is constructed another RF report is required that includes permanent RF coverage, then discussed the matter further with the Commission.

Chair Fletcher requested clarification regarding the placement of the smokestack and if it would touch the ground or end at or above the fence.

Applicant
Applicant John Scandola of Camp & Associates, Inc. on behalf of Verizon, clarified the equipment is intended to emulate a solid smokestack.

Commissioner Latasa asked what colors are available. Mr. Scandola confirmed the color could change if preferred. Commissioner Latasa suggested non-shiny or non-metallic gray because the building has a corrugated gray.

Public Comments
Jean Rasch suggested moving the equipment to the parking structure or adjacent building, saying the increased size and dark color are an obstruction to views in the City.

Planning Commission Meeting Minutes
Tuesday March 28, 2023
2 ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 22, Packet Page 562 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638 Planning Commission Minutes Tuesday March 28, 2023
Regarding the potential for the structure to slip, Verizon representative Dewayne Bonham clarified that the enclosure is designed as small as possible to fit the antennas tightly and added that the entire network and equipment are re-certified annually for safety.

Commissioner Comments
Chair Fletcher asked what color would suffice and recommended avoiding too light a color.

Commissioner Brassfield suggested making the structure less visible since it would double in size and suggested matte gray similar to the parking garage. Commissioner Latasa said he would support a motion that recommends changing the color to a gray similar to the Aquarium's smokestacks and agreed that the color should not be too light. Commissioner Freeman suggested that a matte-finished 50% French Gray may match the Aquarium. Senior Associate Planner Schmidt showed an image of the Aquarium's smokestacks for comparison.

Commissioner Brassfield agreed with the recommendation to match the Aquarium.

Commissioner Brassfield moved to approve the project as proposed with the added Condition that the color be changed to a matte gray similar to the building it is attached to. Commissioner Latasa seconded the motion.

On a motion by Commissioner Brassfield. seconded by Commissioner Latasa and carried by the following vote. the Planning Commission approved Use Permit UP-22-0224 to allow a modified Verizon Wireless Services. LLC (Verizon) Personal Wireless Service Facility at 601 Wave Street with the added Condition that the structure's color be changed to a matte gray similar to the building it is attached to:

AYES: 4 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Bluth, Dawson
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None

5. Consider 912 Del Monte Center; Text Amendment Application TM-22-0217 to Amend the Del Monte Center SC Plan Land Use Regulations; Applicant Sarah Cuban, Wald, Ruhnke & Dost Architects, LLP; Owner American Assets Trust; C-2-SC Zoning Dis\rict; Commercial General Plan Designation; Exempt from CEQA per Article 18, Section 15270a ACTION: Adopted a Resolution recommending that the City Council approve the request to amend the Del Monte Shopping Center SC Plan with new amendments to the Resolution moving Dentists to the A-list of denied uses and adding both Tax and Financial Services and Chiropractors to the B-list to allow chiropractic services.

Staff Presentation/Commissioner Questions
Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions.

Applicant
Henry Ruhnke of Wald, Ruhnke & Dost Architects, LLP reiterated his presentation from the previous discussion, advocating for approval and highlighting recent changes to the proposal.

Planning Commission Meeting Minutes
Tuesday March 28, 2023
3 ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 23, Packet Page 563 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638 Planning Commission Minutes Tuesday March 28, 2023
Joseph Davi, owner of Joint franchises in Monterey and Salinas, provided background on The Joint, saying the facility would provide affordable walk-in care and a retail sales component.

Jerry Gammieri was present for questions and emphasized that American Assets Trust supports approval as The Joint is a retail chiropractor.

Whitney Davi, on behalf of The Joint, encouraged approval by suggesting people would travel to receive walk-in care and arguing that the nail salon near the space offers no retail services.

Public Comments
None.

Commissioner Comments
Commissioner Freeman stated that though the applicant proposed a specific use, location, and business, the issue is the shopping center at large and how retail experience has changed.

Commissioner Latasa confirmed he had watched the March 28, 2023 meeting video, read both Agenda Reports, and is prepared to discuss the matter. He spoke of avoiding inflexibility and recommending that the City Council allow chiropractic services at the shopping center.

Chair Fletcher inquired about the square footage of the shopping center and of the proposal in question. Mr. Schmidt provided information.

Commissioner Brassfield discussed the dichotomy between fulfilling community needs and changing the types of businesses allowed in the City's retail hub.

Commissioner Freeman moved to adopt a Resolution that recommends the City Council approve the proposal to amend the Del Monte Shopping Center SC Plan with new amendments to the Resolution moving Dentists to the A-list of prohibited uses and adding both Tax and Financial Services and Chiropractors to the 8-list to allow chiropractic services.

Ms. Cole asked if the motion is to approve the proposed amendments but move Dentists to the prohibited list. Commissioner Freeman said the goal is to maintain the list as modified and proposed by Staff with the exception of moving Chiropractors to the 8-list of allowed uses.

Ms. Cole reiterated that Lawyers, Dentists, Accountants, and Doctors, except for Chiropractors, would each be prohibited, the not-to-exceed space would remain at 6,000 square feet, and Tax and Financial Services and Chiropractors would be added to the list of allowed uses. Commissioner Freeman confirmed that is the motion. Commissioner Brassfield seconded the motion as clarified by Ms. Cole.

On a motion by Commissioner Freeman. seconded by Commissioner Brassfield and carried by the following vote. the Planning Commission adopted a Resolution recommending that the City Council approve the request to amend the Del Monte Shopping Center SC Plan with new amendments to the Resolution moving Dentists to the A-list of prohibited uses and adding both Tax and Financial Services and Chiropractors to the 8-list to allow chiropractic services:

AYES: 4 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa Planning Commission Meeting Minutes
Tuesday March 28, 2023
4 ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 24, Packet Page 564 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638 Planning Commission Minutes Tuesday March 28, 2023
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Bluth, Dawson
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None

6. Confirm Replacement for Vice Chair due to Resignation (CEQA Not a Project) ACTION: Confirmed Robert Bluth as Vice Chair of the Planning Commission Staff Presentation/Commissioner Questions
Community Development Director Cole announced that as the City policy reads, there is no minimum service requirement for Vice Chair, so Commissioner Bluth is next to fill the vacant Vice Chair position. She explained that he would not become Chair during the annual Chair rotations in July as the requirement for that position is to serve for six months prior to appointment, added that Commissioner Dawson would be the next Chair in July, and suggested continuing the item to be sure he wants to serve as Vice Chair since he was not present.

Public Comments
None.

Commissioner Comments
Commissioner Latasa suggested Commissioner Bluth's tenure on the Architectural Review Committee (ARC) renders him able to fill the Vice Chair position.

Commissioner Brassfield said Commissioner Bluth fits into the Planning Commission well.

On a motion by Commissioner Latasa. seconded by Chair Fletcher and carried by the following vote. the Planning Commission confirmed Robert Bluth as Vice Chair of the Planning Commission:

AYES: 4 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Bluth, Dawson
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None

COMMISSIONER COMMENTS
Commissioner Latasa requested agendizing a discussion to consider revising the Tree Ordinance in light of fallen trees from recent storm damage. Ms. Cole stated that issue is not within the purview of the Planning Commission but rather the City Council, and suggested Commissioners contact Council Members regarding the topic.

Commissioner Brassfield said the City has initiated a Neighborhood and Community Improvement Program (NCIP) project to study deaths of its trees over recent years.

Planning Commission Meeting Minutes
Tuesday March 28, 2023
5 ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 25, Packet Page 565 DocuSign Envelope ID: 0E9659E2-F2CC-472C-8E6F-40C6792CE638 Planning Commission Minutes

INFORMATIONAL REPORTS & STAFF COMMENTS
Update received.

ADJOURNMENT
There being no further business, the meeting adjourned at 5:20 p.m.

Respectfully Submitted, II DocuSigned by:

L±!:~E~~t~
Kimberly Cole Chair
Tuesday March 28, 2023
Community Development Director Planning Commission
Planning Commission Meeting Minutes
Tuesday March 28, 2023
6 ATTACHMENT 5 NT 5
Council Regular Meeting, 5/16/2023, Item No. 16., Item Page 26, Packet Page 566

Monterey City CouncilMay 16, 2023

Monterey City Council
May 16, 2023