Agenda packet — Monterey City Council, July 18, 2023 (part 2 of 2)

growing crisis. The need for mental health and substance use services is even more acute among our state’s veterans. There are over 10,000 California veterans experiencing homelessness on any given night: upwards of 50% or more of homeless veterans suffer from mental health issues, and around 70% are affected by substance use disorders. The proposed bond would dedicate a portion of the funding to provide the support our veterans deserve.

The City of Monterey’s Police Department’s Multi-Disciplinary Outreach Team (MDOT) is a longtime collaboration of agencies to address homelessness, domestic violence, substance abuse, and other quality-of-life issues. In addition to the Monterey Police Department’s Community Action Team, a crisis worker from the County of Monterey’s Behavioral Health Department responds to calls and ongoing challenges related to individuals suffering from mental health-related issues. Our City’s personnel understand the challenges of mental illness and the investment that our State must make to reform our behavioral health system.

It is long overdue that we modernize our approach to serving our fellow Californians who are most in need of the mental health care they deserve - those with serious mental illnesses, experiencing or at risk of homelessness, and veterans who spend their nights on the streets.

This transformational package focuses on housing with accountability and reform with results to help ensure Californians can access critical behavioral health services and find the type of housing for their needs in the community - making good on a decades-old promise by state leaders.

These actions will complement and build upon California’s transformative behavioral health care expansion and accomplishments to date, including the CARE Act, the Children’s and Youth Behavioral Health Initiative, the CalAIM expansion of behavioral health services in Medi-Cal, historic investments in behavioral health housing and infrastructure, veterans’ health and housing initiatives, and behavioral health workforce investments – to provide a continuum of community care for all.

The status quo is not acceptable. Our families and communities need big, bold action, and we need it now. For these reasons, the City of Monterey supports SB 326 and AB 531.

Sincerely,
Tyller Williamson
Mayor
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 5, Packet Page 162 GOVERNOR NEWSOM’S TRANSFORMATION OF

BEHAVIORAL HEALTH SERVICES
Housing with Accountability. Reform with Results.
● Major effort to pass a bond for 10,000 new clinic placements and homes. ● First reform in nearly two decades since voters passed the Mental Health Services Act in 2004.
● Focus on housing with accountability for people with mental health needs, including veterans and unhoused people.

Together with the Legislature, local officials, labor leaders, community organizations, and more, Governor Gavin Newsom is proposing a major transformation of the State’s behavioral health care system – making good on decades-old promises. This effort will build 10,000 new beds with $4.68 billion funded by a bond on the March 2024 ballot to provide the resources needed to care and house those with the most severe mental health needs and substance use disorders.

The package focuses on five solutions to transform California’s behavioral health system through housing with accountability and reform with results:

1. Reforming the Mental Health Services Act to provide services to the most seriously ill and to treat substance use disorders

2. Building a workforce to reflect and connect with California’s diversity

3. Focusing on outcomes, accountability, and equity

4. Housing and behavioral health treatment in unlocked, community-based settings

5. Housing for veterans with behavioral health challenges

LEGISLATIVE PACKAGE
● SB 326: REFORM – After nearly 20 years, this bill would modernize and reform the Mental Health Services Act (MHSA), which was passed as Proposition 63 by voters in 2004. This legislation would expand services to include treatment for those with substance use disorders – in addition to care for the most seriously mentally ill – provides more resources for housing and workforce, and continues community support for prevention, early intervention, and innovative pilot programs – all with new and increased accountability for outcomes and through an equity lens.

ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 6, Packet Page 163 ● AB 531: BUILD – A $4.68 billion general obligation bond to build 10,000 new clinic beds and homes that would be on the March 2024 ballot. This would be the single largest expansion of California’s continuum of behavioral health treatment and residential settings. It will create new, dedicated housing for people experiencing homelessness who have behavioral health needs, with a dedicated investment to serve veterans, allowing Californians experiencing behavioral health conditions to have a place to stay while safely stabilizing and healing.

Combined, these two bills will build out the State’s capacity to provide behavioral health care and housing with strengthened accountability for results, while creating good jobs. These reforms will complement and build upon Governor Newsom’s Behavioral Health Expansion and Reform efforts to provide care - from prevention and early intervention to outpatient, crisis, inpatient, and supportive care and supplements the work currently underway with the implementation of CARE Court.

The behavioral health legislative package will go to the voters for approval in March 2024, after consideration and approval by Legislature and Governor Newsom’s signature in 2023.

SB 326: REFORM

REFORMING BEHAVIORAL HEALTH CARE FUNDING TO PROVIDE SERVICES TO THE MOST SERIOUSLY ILL AND TO TREAT SUBSTANCE USE DISORDERS. ● Expands services to include treatment for substance use disorders (SUDs) alone and allows counties to use funds in combination with federal funds to expand SUD services.

Because of this expansion to cover SUD, the bill updates the name of the MHSA to the Behavioral Health Services Act (BHSA).
● Recognizes the need for housing to address a variety of serious behavioral health disorders.
● Modernizes county allocations (92%) to require the following priorities and encourage innovation in each area:
○ 30% for Housing Interventions for children and families, youth, adults, and older adults living with serious mental illness/serious emotional disturbance (SMI/SED) and/or SUD who are experiencing homelessness or are at risk of homelessness. ■ Authorizes housing interventions to include rental subsidies, operating subsidies, shared housing, family housing for children and youth who meet criteria, and the non-federal share for certain transitional rent.

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ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 7, Packet Page 164 ■ Half of this amount (50%) is prioritized for housing interventions for the chronically homeless. Up to 25% may be used for capital development. ○ 35% for Full Service Partnership (FSP) programs, which are the most effective model of comprehensive and intensive care for people at any age with the most complex needs. These funds will be used to expand the number of FSP slots available across the state and are key to CARE Court being successfully implemented.
○ 30% for Behavioral Health Services and Supports, including early intervention, workforce education and training, capital facilities and technological needs, and innovative pilots and projects, to strengthen the range of services individuals, families, and communities need. A majority of this amount must be used for Early Intervention.
○ 5% for Prevention through population-based programming on behavioral health and wellness. For example, in school-linked settings, this prevention funding must focus on school-wide or classroom-based mental health and substance use disorder programs, not individual services.
● Creates a new total state-directed funding (3%) to workforce investments, leveraging existing federal funding, and benefitting the entire state system. ● Continues the funding for state implementation (5%) of the policy, including development of statewide outcomes, oversight of county outcomes, training and technical assistance to counties, research and evaluation, and policy administration.

EXPANDS THE BEHAVIORAL HEALTH WORKFORCE TO REFLECT AND CONNECT WITH CALIFORNIA’S DIVERSE POPULATION.

The proposal recognizes and supports the critical need to expand a culturally-competent and well-trained behavioral health workforce to address behavioral health capacity shortages and expand access to services.
● Provides up to 3% of annual BHSA funds for the California Health and Human Services Agency (CHHS) to implement a statewide behavioral health workforce initiative, including leveraging federal dollars through a workforce initiative under BH-CONNECT; a proposed Medicaid demonstration waiver that will draw down significant additional federal matching dollars for this purpose.
● Authorizes counties to also fund additional, local workforce initiatives using resources from their local BHSA allocation prioritized for Behavioral Health Services and Supports.

FOCUSING ON OUTCOMES, ACCOUNTABILITY, AND EQUITY.

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ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 8, Packet Page 165 OUTCOMES: The proposal replaces the existing plan with a new County Integrated Plan for Behavioral Health Services and Outcomes, including all local behavioral health funding and services.
● Requires counties to demonstrate coordinated behavioral health planning using all services and sources of behavioral health funding (e.g., BHSA, opioid settlement funds, realignment funding, federal financial participation), in order to provide increased transparency and stakeholder engagement on all local services. ● Requires stratified local data analysis to identify behavioral health disparities and consider approaches to eliminate those disparities.
● Requires the Department of Health Care Services (DHCS) to work with counties and stakeholders to establish outcome metrics for state and county behavioral health services and programs.

ACCOUNTABILITY: The proposal establishes a new, annual County Behavioral Health Outcomes, Accountability, and Transparency Report to provide public visibility into county results, disparities, spending, and longitudinal impact on homelessness. ● Requires counties to report annual service utilization data and expenditures of state and federal behavioral health funds, unspent dollars, and other information. Authorizes DHCS to impose corrective action plans on counties that fail to meet the requirements established by this section.
● Authorizes up to 2% of local BHSA revenue to be used for local resources to assist counties in improving plan operations, quality outcomes, reporting fiscal and programmatic data and monitoring subcontractor compliance for all county behavioral health funding, on top of the existing 5% county administrative costs. ● Reduces authorized local prudent reserve amounts in the BHSA to allow for needed investments while still saving for an economic downturn.

EQUITY: The proposal connects the Behavioral Health System statewide for all Californians. ● For those with Medi-Cal health insurance: Authorizes DHCS to align the terms of the county behavioral health plan contracts regarding administration, infrastructure, and organization with Medi-Cal managed care plan contracts. ● For those with commercial health insurance: Directs the Department of Managed Health Care (DMHC) and DHCS to develop a plan with stakeholder engagement for achieving parity between commercial and Medi-Cal mental health and substance use disorder benefit. This may include, but is not limited to, phasing in alignment of utilization management, benefit standardization, and covered services.

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ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 9, Packet Page 166 AB 531: HOUSING

HOUSING AND BEHAVIORAL HEALTH TREATMENT IN COMMUNITY-BASED UNLOCKED SETTINGS.

The proposal places a General Obligation Bond on the March 2024 ballot for construction of unlocked community-based behavioral health treatment & residential care settings. ● A recent RAND study indicates the state has a shortage of at least 6,000 behavioral health beds. This lack of sufficient capacity leads not only to unnecessary long lengths of stays in locked settings and hospitals, but contributes to the growing crisis of homelessness and incarceration among those with severe mental illness and substance use disorders.
● To address this long-standing challenge, the Governor is proposing to use a general obligation bond to build up settings that will help ensure those with the greatest needs have access to high quality, unlocked, community-based residential care, including “step-down” community-based facilities, where people can reside short-term after a behavioral health crisis hospitalization and then transition to lower levels of care that can better support long-term success.
● Bond funding would be used to construct, acquire, and rehabilitate unlocked, voluntary, community-based residential care settings for individuals with behavioral health needs, increasing the availability of care settings that support rehabilitation and recovery.
● Among Californians experiencing homelessness, nearly 40,000 have a severe mental illness and over 36,000 have a chronic substance use disorder.

HOUSING FOR VETERANS WITH BEHAVIORAL HEALTH CHALLENGES.

The proposal dedicates a portion of the bond to housing for veterans at risk of, or experiencing, homelessness with behavioral health needs. ● Upwards of 50% or more of homeless veterans suffer from mental health issues and upwards of 70% or more are affected by SUD.
● Bond funding would be disbursed as grants for new construction, acquisition, rehabilitation, or preservation of affordable multifamily housing to provide interim, transitional, and permanent supportive housing for veterans who are homeless, or at risk of homelessness, and living with behavioral health challenges.

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ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 10, Packet Page 167 Figure 1. Comparison of Existing MHSA Allocations and Proposed BHSA Allocations (Dollars in Millions)

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ATTACHMENT 2
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 11, Packet Page 168 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org March 28, 2023
The Honorable Esmeralda Soria
Chair, Assembly Military & Veterans Affairs Committee
1020 N Street, Room 389
Sacramento, CA 95814
RE: Measures to Improve California's Behavioral Healthcare System Notice of Support in Concept (As of 04/06/23)
Dear Assembly Member Soria,
The League of California Cities (Cal Cities) is pleased to support in concept a suite of measures introduced in the Legislature, in partnership with the initiatives recently announced by Gov. Gavin Newsom, to improve the state's behavioral healthcare system, address the state's homelessness crisis, and spur the development of affordable housing.

To this end, Cal Cities supports in concept AB 1656 (Wicks), AB 1657 (Wicks), SB 834 (Portantino), and AB 531 (Irwin), which would provide substantial funding for homelessness and affordable housing programs. These bills would authorize, collectively, the issuance of more than $25 billion in bonds across a variety of programs to fund the construction, rehabilitation, and preservation of affordable housing and permanent supportive housing. Within the context of the concurrent crises of lack of affordable housing and increases in individuals experiencing homelessness, if authorized, these measures would provide twice the funding included in the 2022 State Budget Act for similar programs.

Cities across the state are weaving together limited-term funding opportunities to fund creative solutions to prevent and reduce homelessness in their communities. Limitedterm funding with restricted access inhibits cities' long-term planning efforts and stifles more ambitious goals. Cities support pairing funding and resources with appropriate accountability and transparency measures.

Furthermore, Cal Cities commends the Governor's proposal for a measure to include on the November 2024 ballot to improve how California treats mental illness, substance use, and homelessness by supporting a comprehensive system of care. This two-part initiative would authorize the issuance of bonds for construction of facilities for behavioral health treatment and facilities for housing for homeless veterans, and would amend the Mental Health Services Act (Proposition 63, 2004) to expand the eligible uses of the Mental Health Services Act revenue to include serious mental health care (as opposed to mild-to-moderate mental healthcare) and substance use disorder services, and would allocate $1 billion in revenue, annually, for these expanded eligible expenditures.

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 12, Packet Page 169 Cal Cities applauds the Governor’s recognition that long-term solutions require longterm funding, as demonstrated by the announcement of this proposed 2024 ballot initiative. As stated above, local governments are on the front lines of service delivery and program administration for California's most vulnerable populations, and a strong state-local fiscal partnership would advance our shared goals for behavioral healthcare and addressing homelessness and lack of affordable housing in this state.

For these reasons, Cal Cities supports in concept this suite of measures. We look forward to working with you to realize an even stronger partnership for the benefit of all Californians. If you have any questions, do not hesitate to contact us at [email protected] and [email protected].

Sincerely,
Caroline Cirrincione Jason Rhine
Legislative Affairs, Lobbyist Assistant Director, Legislative Affairs ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 14., Item Page 13, Packet Page 170 Council
Agenda Report
№07/19
FROM: Brette Neal, Human Resources Director
SUBJECT: Authorize the Mayor to Sign a Letter on Behalf of the City Opposing AB 504 (Reyes), Proposed Legislation Would Create a System Where Nearly Any City Employee Can Sympathy Strike Regardless of Their Job Duties. (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council authorize the mayor to sign a letter on behalf of the City opposing AB 504 (Reyes), which would create a system where nearly any city employee can Sympathy Strike regardless of their job duties. This bill would override the essential employee designation process and could result in a city-wide halt of critical services. Current law and the proposed law exempt firefighters, and the author's proposed amendments will exempt peace officers. The bill is slated to be heard next in the Senate Judiciary Committee on July 11, 2023.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

POLICY IMPLICATIONS:

The Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for California’s municipal, county and local special district employers and employees. Under MMBA, the governing body of a public agency is required to meet and confer over wages, hours and other terms and conditions of employment. Public employees have the right to strike. However, the California Supreme Court has noted that there is a countervailing public interest that may outweigh that right in cases where the public welfare is at issue. Therefore, while state law “allows public employees to go on strike to enforce their collective bargaining demands” they cannot do so if the employees “perform jobs that are essential to public welfare.” This bill jeopardizes the delivery of necessary city services and undermines the collective bargaining process.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with sending a letter opposing AB 504.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 7/18/2023, Item No. 15., Item Page 1, Packet Page 171 rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City could choose not to oppose AB 504. This is not recommended as the proposed legislation would void provisions in public employer policies or collective bargaining agreements limiting or preventing an employee's right to sympathy strike.

DISCUSSION:

The text of AB 504 is available at this link:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB504 The stated intent of AB 504 is to declare that it is the right of a public employee to demonstrate solidarity with other public employees by honoring a picket line, or by refusing to enter upon the premises or perform work for a public employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state. It would not be a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:
(1) Enter property that is the site of a primary labor dispute. (2) Perform work for a public employer involved in a primary labor dispute. (3) Go through or work behind any primary picket line.

This bill jeopardizes the delivery of necessary city services and undermines the collective bargaining process. The League of California Cities has taken a position to oppose the bill.

Current law exempts firefighters, and the author's proposed amendments will exempt peace officers. It is recommended that the City take an official position opposing AB 504 and authorize Mayor Williamson to send the attached draft letter.

Attachments: Draft Opposition Letter
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, 7/18/2023, Item No. 15., Item Page 2, Packet Page 172 __________________________________________________________ HUMAN RESOURCES DEPARTMENT • 735 PACIFIC ST., SUITE B • MONTEREY • CALIFORNIA • 93940 • 831-646-3765 • www.monterey.org DRAFT
July 10, 2023
The Honorable John Laird
Member, California State Senate
1021 O Street, Room 8720
Sacramento, CA 95814
RE: AB 504 (Reyes) State and Local Public Employees: Labor Relations: Disputes.

Notice of OPPOSE (04/13/2023)
Dear Senator Laird,
The City of Monterey must respectfully take a position of oppose on AB 504, which would declare the acts of sympathy striking and honoring a picket line a human right. AB 504 would also void provisions in public employer policies or collective bargaining agreements limiting or preventing an employee's right to sympathy strike.

We are not disputing the right of employee organizations to engage in the protected activity of striking. State law has created a framework for when unions can engage in protected strike activity that has been honored by local government and unions alike.

Unfortunately, this bill would allow those who have not gone through the negotiation process to refuse to work simply because another bargaining unit is engaging in striking.

As local agencies, we have a responsibility to provide services to our communities throughout the state. No-strike provisions in local contracts have been agreed to by both parties in good faith often due to the critical nature of the employees' job duty.

Local MOU provisions around striking and sympathy striking ensure local governments can continue to provide critical services. Eliminating this ability while also ignoring the essential employee designation process for sympathy strikers would likely result in workforce shortages that jeopardize our ability to operate and provide critical services.

Some critical services that our city would not be able to provide if employees chose to sympathy strike would be the maintenance of our streets, sewer systems, and harbor.

This bill jeopardizes the delivery of necessary city services and undermines the collective bargaining process. For these reasons, the City of Monterey respectfully opposes AB 504.

Council Regular Meeting, 7/18/2023, Item No. 15., Item Page 3, Packet Page 173 Sincerely,
Mayor Tyller Williamson
City of Monterey
Cc: The Honorable Eloise Gómez Reyes
Members and Staff, Senate Labor, Public Employment and Retirement Members and Staff, Senate Judiciary Committee
Deanna Sessums, League of California Cities Regional Public Affairs Manager (via email:
[email protected])
League of California Cities (via email: [email protected]) Council Regular Meeting, 7/18/2023, Item No. 15., Item Page 4, Packet Page 174 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Fernanda Roveri, AICP, Principal Planner
SUBJECT: Adopting a Resolution Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) – Continued from June 20, 2023
RECOMMENDATION:

That the City Council adopt a resolution establishing objective design standards for the Downtown and Lighthouse Specific Plans (“the Plans”) and amending the Plans to clarify Visitor Accommodation Facility District requirements, adding Massage Establishment requirements and definition, adding fence and wall requirements, adding Makerspace use classification and definition, clarifying Residential Minor and Major (First Floor; Four Units or More) requirements, adding new subdivision minimum lot size and width requirements, updating streetscape lighting requirements, and amending the Utility-Major definition to include water facilities.

VALUE DRIVERS:

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

POLICY IMPLICATIONS:

Specific Plans are legislative documents that act as a bridge between the General Plan and the Zoning Ordinance for future development of a particular area. Specific Plans are tools that help specify and achieve the vision and development potential of an area. The proposed action will amend the Plans to set realistic development expectations.

The City of Monterey is required to abide by the laws enacted by Senate Bill 35 (codified as Government Code section 65913.4), which went into effect in January 2018. The proposed objective design standards are intended to expedite and facilitate the construction of affordable housing. SB 35 sunsets on January 1, 2026.

Date: 7/18/2023
Item No.: 16.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 1, Packet Page 175 In addition to SB 35, the Housing Accountability Act (codified as Government Code section 65589.5) also imposes limitations on the City’s discretion over proposed housing projects.

Specifically, the Housing Accountability Act prohibits the City from denying, or approving at a lower density, a proposed housing project that satisfies all of the City’s adopted objective planning and design standards. The Housing Accountability Act applies to all proposed housing projects, including projects with no affordable units.

FISCAL IMPLICATIONS:

Housing construction increases the amount of property taxes for the City. It also attracts employees and new business to Monterey. Housing construction would help the City meet its regional housing needs allocation numbers and avoid noncompliance penalties by the State.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes minor changes to land use limitations. 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. No significant impact will occur because this is a minor change to land use limitations.

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. No cumulative impact will occur because this is a minor change to land use limitations.

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. No significant effect will occur because this is a minor change to land use limitations.

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). No impact will occur because the Downtown and Lighthouse Specific Plan areas do not include scenic highways.

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. Hazardous waste sites will not be impacted because no construction is proposed. As individual projects are brought forward, hazardous material issues are considered and avoided.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 2, Packet Page 176 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. No impact to historical resources will occur because no construction is proposed.

ALTERNATIVES CONSIDERED:

There are no alternatives considered because the City is required to comply with SB 35 and the Housing Accountability Act.

DISCUSSION:

Objective Design Standards
The intent of California Senate Bill (SB) 35 is to expedite and facilitate the construction of affordable housing. It went into effect in January 2018, and it applies to cities like Monterey that have not made sufficient progress on their affordable housing goals as mandated by the state.

The California Department of Housing and Community Development makes the determination of whether a city has made sufficient progress. As of June 1, 2022, only 38 jurisdictions in the state are compliant with affordable housing state mandates and are exempt from SB 35.

On December 14, 2021, City staff gave the Planning Commission a presentation on SB 35 with the goal of emphasizing the need for objective design standards. SB 35 requires cities and counties that did not meet their state-mandated affordable housing requirement to use a streamlined ministerial review process for qualifying multifamily housing developments that comply with a jurisdiction's objective planning standards, provide specified levels of affordable housing, and meet other specific requirements. Applications that are eligible for a streamlined review pursuant to SB 35 and that comply with the City’s objective design standards do not require any discretionary permit (such as a use permit or architectural review permit) and are not subject to environmental review under CEQA. Having objective design standards would enable the City to retain some control of building design and compatibility with surrounding neighborhoods. Currently, the City does not have this control since SB 35 became effective.

SB 35 currently sunsets on January 1, 2026, although it is possible the Legislature may extend that date. As such, City staff opted for creating a separate objective design standards checklist.

In the event that SB 35 is not extended, the City will have the option to easily repeal the checklist. City staff has prioritized creating objective design standards for the Downtown and Lighthouse Specific Plan areas (see Exhibits A and B to the Resolution) because of their higher potential for redevelopment. Objective design standards for the North Fremont Specific Plan will be next.

SB 35 defines objective standards as those standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. City staff, with help from consultants, took as many Downtown and Lighthouse Specific Plan design guidelines as could be reworded into objective standards. Development standards, such as building height and parking requirements, are inherently objective and were generally unchanged. In addition, new objective standards were created where there were none, such as fence/wall height and design standards.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 3, Packet Page 177 SB 35 qualifying projects must be consistent with all the City's objective planning and design standards, including but not limited to the City's General Plan; Affordable Housing (Inclusionary) Ordinance; Zoning Ordinance (includes Density Bonus and ADUs/JADUs); Downtown, Lighthouse, and North Fremont Specific Plans; coastal plans, and any applicable master plans, area plans, and neighborhood plans.

At this time, the City has not received any applications subject to SB 35 streamlined review.

However, staff does recognize that the affordable housing project behind City Hall may qualify as an SB 35 project. City staff also created an application checklist to facilitate SB 35 streamlined review for applicants and staff (see Attachment 2). On June 20, 2023, a comment was received regarding the application checklist and the need for certain projects to certify that a skilled and trained workforce, as defined in Government Code section 65913.4(8)(B)(ii), shall be used to complete the development (see Attachment 3).

In addition to SB 35, the Housing Accountability Act also imposes limitations on the City’s discretion over proposed housing projects. Specifically, the Housing Accountability Act prohibits the City from denying, or approving at a lower density, a proposed housing project that satisfies all of the City’s adopted objective planning and design standards. The Housing Accountability Act applies to all proposed housing projects, including projects with no affordable units. For this reason, the proposed objective design standards for the Downtown and Lighthouse Specific Plan areas will also help the City maintain control over market-rate projects.

On February 28, 2023, the Planning Commission adopted a resolution recommending that the City Council establish the attached objective design standards for the Downtown and Lighthouse Specific Plans and make other specific plan amendments summarized below. The Planning Commission discussed the proposed amendments during four separate public hearings and also revised the amendments as a result of public comment.

Visitor Accommodation Facility
Project sites located within the VAF Zoning District are governed by the land use and development standards contained in the City’s Charter rather than those contained in the specific plans. Staff is proposing language to the Plans that references this distinction. All parcels within the Downtown and Lighthouse specific plan boundaries are zoned either PC-D or PC-LH, except for visitor accommodation facilities, which are zoned VAF.

Makerspace
To ensure the economic vitality of our mixed-use neighborhoods, staff is recommending a new Makerspace use classification that would allow the operation of establishments engaged in the on-site production of goods by hand manufacturing with hand tools or small-scale equipment and the direct sale to consumers of those goods produced or assembled on site. Staff is recommending a conditional use permit process to ensure that the small-scale equipment is not disruptive to nearby residential uses. This new use, like all other uses, would be subject to the performance and noise standards in the Zoning Ordinance.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 4, Packet Page 178 Massage Establishment
Staff recommends prohibiting massage establishments on Alvarado Street and the first block of Del Monte Avenue and Franklin Street because ground floor offices, personal services, and residential on Alvarado Street and the first blocks of Del Monte and Franklin are inappropriate uses (Downtown Specific Plan Use Objective O.1.2, page 65). Massage establishments are also recommended to be prohibited on the ground floor facing Lighthouse Avenue.

Presently there are no permitted massage establishments operating in a location that would be prohibited following the enactment of the specific plan amendment.

Minimum Lot Size and Width
For new subdivisions, staff recommends adding a minimum lot area requirement of 5,000 square feet and a minimum lot width requirement of 50 feet to avoid the creation of unbuildable lots. This was the standard that existed prior to adoption of the specific plans and was an inadvertent omission.

Fences and Walls
Currently, there are no fence or wall standards in the specific plans. Staff recommends adding fence, wall, and retaining wall height and material requirements to avoid view, privacy, and living environment impacts and ensure that materials are compatible with the project site and surrounding properties.

Streetscape Lighting
The purpose of the proposed amendments is to differentiate street lighting for safety vs. decorative lighting for aesthetics. The contemporary cobra light is inconsistent with Public Works' safety infrastructure practices. The Public Works Department would like to have the ability to replace streetlights in kind.

Residential Minor and Major (First Floor; Four Units or More) Staff recommends amending the Lighthouse Specific Plan Use Chart to clarify that the Residential Minor and Major (First Floor; Four Units or More) use is conditionally permitted in the Foam Street Character Area.

Utility-Major
Staff recommends amending the Utility-Major definition to be consistent with the Zoning Ordinance definition, which includes water facilities for the purpose of extracting water from or injecting water into the underground or storing water for potable water use. This classification includes any other water supply method, such as water wells or cisterns, and includes public, semi-public, or private facilities.

In summary, the objective design standards would help the City control the design of proposed housing projects, including both SB 35 projects and market-rate projects, whereas not adopting objective design standards would leave the City vulnerable to designs that are incompatible with Monterey’s neighborhoods. The other specific plan amendments would clarify existing Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 5, Packet Page 179 requirements or create new requirements to ensure compatibility with surrounding properties and neighborhoods. Therefore, staff recommends that the City Council adopt a resolution establishing objective design standards for the Downtown and Lighthouse Specific Plans and amending the Plans to clarify Visitor Accommodation Facility District requirements, adding Massage Establishment requirements and definition, adding fence and wall requirements, adding Makerspace use classification and definition, clarifying Residential Minor and Major (First Floor; Four Units or More) requirements, adding new subdivision minimum lot size and width requirements, updating streetscape lighting requirements, and amending the Utility-Major definition to include water facilities.

SB 18 Tribal Consultation
SB 18, codified as Government Code section 65352.3, requires the City to provide tribes notice of the opportunity to consult on any proposed specific plan amendments. Tribes have 90 days to request consultation, which is an ongoing process without a defined end point. Prior to a specific plan amendment, the City must refer the proposed action to the appropriate tribes, and must allow a 45-day comment period regardless of whether prior consultation took place. (Government Code section 65352(a)(8). On March 16, 2023, the City sent a notice to the Amah Mutsun Tribal Band, Amah Mutsun Tribal Band of Mission San Juan Bautista, Costanoan Rumsen Carmel Tribe, Esselen Tribe of Monterey County, Indian Canyon Mutsun Band of Costanoan, Kakoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria, Ohlone Costanoan-Esselen Nation, Rumsen Am:a Tur:ataj Ohlone, and Wuksache Indian Tribe/Eshom Valley Band. The Esselen Tribe of Monterey County requested:

In the event that construction related to this project is implemented in the future, we recommend that the construction crews are provided cultural sensitivity training by a member of the Esselen Tribe of Monterey County. We believe such projects may also need to be monitored for cultural resources and we ask that ETMC tribal monitors are retained for monitoring.

There is no construction related to the adoption of the proposed specific plan amendments. As individual projects are brought forward, the City will provide tribal contacts with notice and the opportunity to request consultation on any projects that apply for SB 35 streamlining or for which a Notice of Preparation, Notice of Mitigated Negative Declaration, or Notice of Negative Declaration is filed or issued. (AB 52 codified as Public Resources Code section 21080.3.) KC/fr
Attachments: 1. Draft Resolution with Exhibit A and B (Objective Design Standards for Downtown and Lighthouse Specific Plans)

2. Application Checklist

3. Comment Received on June 20, 2023
e: All Neighborhood and Business Associations
Architectural Review Committee
Christine Davi, City Attorney, City of Monterey
Adam Lindgren, Attorney, Meyers Nave
Alex Mog, Attorney, Meyers Nave
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 6, Packet Page 180 Brenda Quezada, Legal Secretary, Meyers Nave
Interested parties: Sharon Dwight
Alora Daunt
Johanna Keefe
Kathryn Avila
Safwat Malek
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, 7/18/2023, Item No. 16., Item Page 7, Packet Page 181 RESOLUTION NO. __- ___ C.S.

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

ESTABLISHING OBJECTIVE DESIGN STANDARDS FOR THE DOWNTOWN AND

LIGHTHOUSE SPECIFIC PLANS AND AMENDING THE PLANS TO CLARIFY VISITOR

ACCOMMODATION FACILITY DISTRICT REQUIREMENTS, ADDING MASSAGE

ESTABLISHMENT REQUIREMENTS AND DEFINITION, ADDING FENCE AND WALL

REQUIREMENTS, AND ADDING MAKER SPACE USE CLASSIFICATION AND DEFINITION, CLARIFYING RESIDENTIAL MINOR AND MAJOR (FIRST FLOOR; FOUR UNITS OR MORE)

REQUIREMENTS, ADDING NEW SUBDIVISION MINIMUM LOT SIZE AND WIDTH

REQUIREMENTS, UPDATING STREETSCAPE LIGHTING REQUIREMENTS, AND

AMENDING THE UTILITY-MAJOR DEFINITION TO INCLUDE WATER FACILITIES WHEREAS, SB 35, codified in Government Code section 65913.4, requires cities and counties to use a streamlined ministerial review process for qualifying multifamily housing developments that comply with a jurisdiction's objective planning standards, provide specified levels of affordable housing, and meet other specific requirements. Applications that are eligible for streamlined review pursuant to SB 35 and that comply with the City’s objective design standards do not require any discretionary permit (such as a use permit or architectural review permit) and are not subject to environmental review under CEQA; WHEREAS, the Housing Accountability Act prohibits the City from denying, or approving at a lower density, a proposed housing project, including a market rate project, that satisfies all of the City’s adopted objective planning and design standards; WHEREAS, having objective design standards would enable the City to retain some control of building design and compatibility with surrounding neighborhoods; WHEREAS, the Planning Commission conducted duly noticed public hearings on November 8, 2022, December 13, 2022, January 24, 2023, and February 28, 2023, took public testimony, held a discussion, and voted to recommend City Council adoption of a resolution establishing objective design standards for the Downtown and Lighthouse Specific Plans and amending the Plans to clarify Visitor Accommodation Facility District requirements, add Massage Establishment requirements and definition, add fence and wall requirements, add Makerspace use classification and definition, clarify Residential Minor and Major (First Floor; Four Units or More) requirements, add new subdivision minimum lot size and width requirements, update streetscape lighting requirements, and amend the Utility-Major definition to include water facilities;
WHEREAS, presently there are no permitted massage establishments operating in a location that would be prohibited following the enactment of the specific plan amendment; WHEREAS, on March 16, 2023, the City sent a notice to the Amah Mutsun Tribal Band, Amah Mutsun Tribal Band of Mission San Juan Bautista, Costanoan Rumsen Carmel Tribe, Esselen Tribe of Monterey County, Indian Canyon Mutsun Band of Costanoan, Kakoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria, Ohlone Costanoan-Esselen Nation, Rumsen Am:a Tur:ataj Ohlone, and Wuksache Indian Tribe/Eshom Valley Band. The Esselen Tribe of Monterey County requested:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 8, Packet Page 182 2 In the event that construction related to this project is implemented in the future, we recommend that the construction crews are provided cultural sensitivity training by a member of the Esselen Tribe of Monterey County. We believe such projects may also need to be monitored for cultural resources and we ask that ETMC tribal monitors are retained for monitoring.

There is no construction related to the adoption of the proposed specific plan amendments. As individual projects are brough forward, the City will provide tribal contacts with notice and the opportunity to request consultation on any projects that apply for SB 35 streamlining or for which a Notice of Preparation, Notice of Mitigated Negative Declaration, or Notice of Negative Declaration is filed or issued. (AB 52 codified as Public Resources Code section 21080.3); and,
WHEREAS, the City of Monterey determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15305, Class 5) because the project proposes minor changes to land use limitations. 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. No significant impact will occur because this is a minor change to land use limitations.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 9, Packet Page 183 3 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. No impact to historical resources will occur because no construction is proposed.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the foregoing recitals are true and correct and serve as the findings for the approvals below.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby establishes objective design standards for the Downtown and Lighthouse Specific Plans (Exhibits A and B), and amends the Plans to clarify Visitor Accommodation Facility District requirements, adds Massage Establishment requirements and definition, adds fence and wall requirements, adds Makerspace use classification and definition, clarifies Residential Minor and Major (First Floor; Four Units or More) requirements, adds new subdivision minimum lot size and width requirements, updates streetscape lighting requirements, and amends the UtilityMajor definition to include water facilities as follows:

Downtown Specific Plan Amendments:

Objective Design Standards

Page 65 ends

subject to a streamlined ministerial review process pursuant to Government Code Section 65913.4 shall comply with Downtown Specific Plan Objective Design Standards.” Visitor Accommodation Facility

Page 65 ends

Visitor Accommodation Facility Zoning District shall comply with the land use and development standards contained in the City of Monterey Charter.”

Page 69 ends

Allowed in the City Charter Municipal Code”.

Makerspace

Page 67 ends

districts. See excerpt from Downtown Specific Plan use chart below.

Page 267 ends

production of goods by hand manufacturing with hand tools or small-scale equipment and the direct sale to consumers of those goods produced or assembled on site. A noise study is required for equipment exceeding two horsepower.”
Massage Establishment

Page 66 ends

massage establishments, and personal services are prohibited on first floor.

Page 69 ends

“Massage Establishment” its own category, prohibit the use on Alvarado Street and the first Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 10, Packet Page 184 4 block of Del Monte Avenue and Franklin Street, and conditionally permit the use everywhere else in the Alvarado District. See excerpt from Downtown Specific Plan use chart below.

Page 267 ends

Monterey City Code.”

Page 269 ends

Excerpt from Downtown Specific Plan Use Chart (Page 67) Use Alvarado Eas t
Village Pearl Heritag
e
Island
of
Adobe
s
Pierce Royal
Presidi
o
Public
Recreat
ion
Assembly - Major C C C C C C C C
Assembly Minor
Abovefirst floor

P P P P P P P P
Food and
Beverage Sales -
Major

C C C NP NP C NP NP
Food and
Beverage Sales -
Minor

P P P P P P NP NP
Makerspace

C C C C C C C C
Massage
Establishment Alvarado St. and
1 st Block of Del
Monte and
Franklin - NP
Remaining - C

C C C C C C C
Excerpt from Downtown Specific Plan Use Chart (Page 69) Use Alvarado East
Village
Pearl Heritag
e
Island
of
Adobe
s
Pierce Royal
Presidi
o
Public
Recrea
tion
Seating Outside
– Incidental and
Major

P P P P P C C P
Service – Minor
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 11, Packet Page 185 5 First floor
Alvarado St.
and 1st Block of
Del Monte and
Franklin -NP
(except banks)
Remaining - P

P P P P P P NP
Above first floor P P P P P P P NP
Massage
Establishment

U U U U U U U U
Minimum Lot Size and Width

Page 70 ends

feet and minimum lot width shall be 50 feet.”
Landscaping, Fences, and Walls

Page 94 ends

Prohibited fencing/wall materials: glass, chain-link, barbed wire, electrified, and raw bamboo.

Allowed fencing/wall materials: smooth stucco finish, brick, masonry/stone, concrete, wood, bamboo planks, adobe, and metal/wrought iron.” Add Standard “S.8.4. Maximum fence/wall height shall be six feet unless an architectural review permit is obtained.” Add Standard “S.8.5.

Retaining walls that are visible from the public right-of-way shall not exceed 10 feet in height.

Retaining walls shall be finished with metal, wood, or stucco. If stucco, the color shall be the same as the primary building’s exterior color.”
Streetscape Lighting

Page 60 ends

Page 233 ends

and fixture design.”

Page 234 ends

1. “In mid-block street lightlighting conditions, there should be sufficient light for safety, but it may be less than that at intersections.”

2. “Public Street Lighting Design Strategy”

3. Delete “Three lighting types are to be used for street lights in the public realm, as well as lighting on private property that is visible from the public way. These are described in detail later in this section. The three types are: 1. Historic Alvarado Streetlight 2.

Contemporary Crook-neck 3. Contemporary Cobra”.

4. “The Lighting Design Strategy for street lightslighting fixtures combines consideration of the National Historic Landmark districts and the Specific Plan Character Areas. These different street light areas are to be identified by their lighting design:”

5. “The commercial core of downtown should be identified with the historic street lightlighting fixture that is presently used on Alvarado Street.” Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 12, Packet Page 186 6 6. “TheA contemporary street light designlighting style willshould be used, but it will be spaced more widely. A “contemporary” crook-neck fixture wouldcould be used in this area.”

7. “TheA contemporary crook-neck fixture wouldcould also be used in this area.”

8. “TheA contemporary cobra stylefixture would be used in this area.

Page 235 ends

1. “TheA contemporary crook-neck design shouldcould be used in this area, to link it with the Pearl and East Village areas. This style willshould also be compatible with light fixtures in the harbor area.”

2. “While the historic Alvarado street lightdecorative lighting would be compatible with the chapel, this is a small area, and it would be difficult to establish a distinct identity with only a few fixtures.”

3. Delete the Contemporary cobra photo and caption.

4. “This series of streetdecorative light fixtures shown above represent appropriate fixture types for downtown.”

5. Delete the table:

Page 236 ends

1. “Street LightLighting Fixture Types Map”

2. “The map below identifies where the specific street light types are proposed.”

3. In the legend below, change “Street LightLighting Types”, delete “Modern Black Cobra Light Mounted on Wood Pole or Signal”, and delete “Industrial Crook Neck Light with Shade”.

4. In the map below, delete the red lines except for Alvarado Street, Heritage District, and Island of Adobes District; delete the orange and yellow lines; exclude Del Monte Avenue right-of-way between the Lighthouse tunnel and Camino El Estero from the Greater Downtown Boundary; and mark the Pacific/Scott, Del Monte/Pacific, Del Monte/Calle Principal, Del Monte/Alvarado, Del Monte/Tyler, Franklin/Van Buren, Franklin/Pacific, Franklin/Calle Principal, Franklin/Alvarado, Franklin/Tyler, Franklin/Washington, Franklin/Figueroa, Pacific/Jefferson, Pacific/Madison, Munras/Webster, Fremont/Abrego, and Fremont/Camino El Estero intersections blue.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 13, Packet Page 187 7

Page 237 ends

willshould be used in the downtown.”; “Type 1: Historic (Alvarado) Street LightDecorative Lighting”.

Page 238 ends

still one that is distinct to the area in which it is used. This willshould be installed in the Pearl and East Village Districts.” Delete ““Type 3: “Contemporary Cobra Light” This light would be used to supplement light levels at intersections where additional lighting is needed and where the lower-height Types 1 and 2 cannot meet the light level standards alone. It also would be used on existing poles in the Pierce District. It would have a black metal finish. Supplemental “Historic Type” fixtures may be used where additional pedestrian lighting is needed. Technical specifications for contemporary cobra light: Lamp: LED or Induction Light temperature:
2700K to 3500K range Height of Pole: varies Location: Spacing to meet the minimum horizontal and vertical illumination for vehicle and pedestrian safety”.

Utility-Major

Page 270 ends

after the PWS Facility paragraph: “Water Facilities. Any method for the purpose of extracting water from or injecting water into the underground or storing water for potable water use. This classification includes any other water supply method such as water wells or cisterns and Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 14, Packet Page 188 8 includes public, semi-public or private facilities. This classification does not pertain to water facilities for testing, irrigation of landscaping or water wells serving one single-family residence or producing 500 gallons or less per day.”
Lighthouse Specific Plan Amendments:

Objective Design Standards

Page 47 ends

and add “The following objectives, standards and guidelines apply to all Character Areas.” Begin a new paragraph and add “Multifamily housing developments subject to a streamlined ministerial review process pursuant to Government Code Section 65913.4 shall comply with Lighthouse Specific Plan Objective Design Standards.”
Visitor Accommodation Facility

Page 47 ends

Visitor Accommodation Facility Zoning District shall comply with the land use and development standards contained in the City of Monterey Charter and City Code.”

Page 48 ends

CharterAs Allowed in the City Charter and City Code”. See excerpt from Lighthouse Specific Plan use chart below.

Makerspace

Page 48 ends

districts. See excerpt from Lighthouse Specific Plan use chart below.

Page 104 ends

Page 48 ends

the Foam Street character area. Prohibit the use facing Lighthouse Avenue. See excerpt from Lighthouse Specific Plan use chart below. At the bottom of the Lighthouse Specific Plan use chart, add “NP = Not Permitted”.

Page 104 ends

Code.”

Page 106 ends

Residential Minor and Major (First Floor; Four Units or More)

Page 48 ends

be conditionally permitted in both the Lighthouse Avenue and Foam Street character areas. See excerpt from Lighthouse Specific Plan use chart below.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 15, Packet Page 189 9 Excerpt from Lighthouse Specific Plan Use Chart (Page 48) Uses Lighthouse Avenue
Character Area
Foam Street
Character Area
Amplified Music C C
Assembly – Major C C
Assembly – Minor C C
Food and Beverage Sales - Major C C
Food and Beverage Sales – Minor P P
Makerspace C C
Massage Establishment NP C
Outdoor Seating, Uses and Activities 1 C C
Park and Recreation Facilities P P
Parking – Subgrade and At Grade2 P P
Residential – Minor and Major (first floor; three
units or less)
Residential Minor and Major (first floor; four units
or more)
P * **
C * **
P**
C * **
Residential – Minor and Major (above first floor) P** P** Retail - Major C C
Retail – Minor P P
Restaurant – Major C C
Restaurant - Minor P P
Service – Major C C
Service - Minor P P
Temporary Uses C C
Utility - Major C C
Ulility - Minor P P
Visitor Accommodation Facility Per City CharterAs Allowed in the City Charter and City Code
Minimum Lot Size and Width

Page 50 ends

feet and minimum lot width shall be 50 feet.”
Landscaping, Fences, and Walls

Page 65 ends

Prohibited fencing/wall materials: glass, chain-link, barbed wire, electrified, and raw bamboo.

Allowed fencing/wall materials: smooth stucco finish, brick, masonry/stone, concrete, wood, bamboo planks, adobe, and metal/wrought iron.” Add Standard “S.7.4. Maximum fence/wall height shall be six feet unless an architectural review permit is obtained.” Add Standard “S.7.5.

Retaining walls that are visible from the public right-of-way shall not exceed 10 feet in height.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 16, Packet Page 190 10 Retaining walls shall be finished with metal, wood, or stucco. If stucco, the color shall be the same as the primary building’s exterior color.”
Utility-Major

Page 107 ends

after the PWS Facility paragraph: “Water Facilities. Any method for the purpose of extracting water from or injecting water into the underground or storing water for potable water use. This classification includes any other water supply method such as water wells or cisterns and includes public, semi-public or private facilities. This classification does not pertain to water facilities for testing, irrigation of landscaping or water wells serving one single-family residence or producing 500 gallons or less per day.”
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 18th day of July, 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, 7/18/2023, Item No. 16., Item Page 17, Packet Page 191 Exhibit A
1 Downtown Specific Plan Objective Design Standards
Visitor Accommodation Facility zoned properties shall be subject to development standards set forth in City Code Chapter 38 and City Charter Section 8.1.

The provisions contained in this document constitute the primary development standards for the project area. Where provisions are not addressed in this document, standards as described in the Downtown Specific Plan and Monterey City Code shall apply.

Site Planning Meets Standard?
Maximum residential density:

Alvarado District – 100 du/acre
Density Cap Overlay – 30 du/acre for entire area and no limit for individual parcels
Other Districts – 30 du/acre
Yes ___ No ___
Comments:

Info. location:

For new subdivisions, minimum lot area shall be 5,000 square feet and minimum lot width shall be 50 feet.

Yes ___ No ___
Comments:

Info. location:

Projects on through lots and corner lots shall provide a building face1 to both streets.

Yes ___ No ___
Comments:

Info. location:

For traffic safety at intersections, buildings shall be set back seven feet from the property corner (as shown below) to ensure line of sight for vehicles is maintained.

Yes ___ No ___
Comments:

Info. location:

Buildings shall be located at the street-facing property line within the Alvarado District. Building entrances may be recessed.

Yes ___ No ___
Comments:

Info. location:
1 Building Face. A vertical planar wall surface including windows that is at least ten (10) feet in width and eight (8) feet in height and constitutes a distinct perimeter boundary of the building.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 18, Packet Page 192 Exhibit A
2 Only roof eaves/overhangs, balconies, bay windows, and other building protrusions (not floor area) are allowed to project over property line. A minimum seven-foot setback is required to utility poles, traffic lights, utility boxes, and trees located in the public right-of-way.

Yes ___ No ___
Comments:

Info. location:

Within the Pearl District, buildings located at the back of sidewalk shall include a single-story porch at the street entrance the width of the building with a minimum four-foot depth and recessed front door, except when facing Del Monte Avenue.

Yes ___ No ___
Comments:

Info. location:

Due to Monterey’s topography, building entrances shall be sited to not include ramps in the public right of way. Ramps shall be located entirely within private property.

Yes ___ No ___
Comments:

Info. location:

Outdoor seating is permitted. If outdoor seating is proposed, only chairs and tables made of metal and/or wood are allowed. Plastic furniture is prohibited.

Yes ___ No ___
Comments:

Info. location:

An encroachment permit shall be required for outdoor seating to encroach into the public right of way. There must be a minimum of seven feet or greater of unencumbered sidewalk.

Yes ___ No ___
Comments:

Info. location:

Entrances to multi-family buildings may be set back to accommodate a front yard or landscaped area pursuant to the Landscaping Plant List with a dimension of 18 to 36 inches in depth.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 19, Packet Page 193 Exhibit A
3 Buffers shall be provided on portions of properties that are adjacent to existing residential uses. The following is a list of acceptable buffers: (1) Landscaping from Landscaping Plant List (18 to 36 inches in depth), (2) Open Space (minimum 5 feet from adjacent residence), (3) Sidewalks (minimum 4 feet wide), and (4) Parking (shall adhere to adopted parking dimension standards).

Yes ___ No ___
Comments:

Info. location:

Buildings shall incorporate the following Crime Prevention Through Environmental Design (CPTED) Guidelines: (1) Place at least one transparent window overlooking a sidewalk and at least one transparent window overlooking a parking lot; (2) Ensure the following areas are lit according to the Lighting Standards: pathways, stairs, entrances/exits, parking areas, ATMs, phone kiosks, mailboxes, bus stops, children’s play areas, recreation areas, pools, laundry rooms, storage areas, dumpster and recycling areas.

Yes ___ No ___
Comments:

Info. location:

Outdoor residential spaces shall have at least one tree from the Landscaping Plant List.

Yes ___ No ___
Comments:

Info. location:

Topography Meets Standard?
Retaining walls that are visible from the public right-of-way shall not exceed ten feet in height. Retaining walls shall be finished with metal, wood, ceramic, masonry, or stucco. If stucco, the color shall be the same as the primary building’s exterior color.

Yes ___ No ___
Comments:

Info. location:

All building entries shall be located at street level. Where there is a difference in street elevations, grading shall occur so that the building entrance is at street level.

Yes ___ No ___
Comments:

Info. location:

Open Space Meets Standard?
Open space areas shall contain a minimum of two of the following amenities/elements:
a. Outdoor seating
b. Patios
c. Courtyards
d. Landscaped yards (Pearl and Pierce Districts only) 18-inch depth minimum, pursuant to Landscaping Plant List
e. Balconies
f. Roof-top gardens or decks
g. Public sidewalk or plaza (Alvarado District only)
Yes ___ No ___
Comments:

Info. location:

For new buildings with a residential component, a common open space area (for the shared use of building occupants) shall be incorporated into Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 20, Packet Page 194 Exhibit A
4 the project. The amount of common open space that must be provided shall be 5% of the project site’s square footage. No horizontal dimension shall be less than 10 feet. This common open space area may be incorporated anywhere on the project site, including within the primary building area. The following are acceptable common open space areas:
a) rooftop gardens or decks
b) indoor or outdoor recreational areas
c) courtyards or patios
d) balconies
Info. location:

For new buildings with a residential component, each residential unit above the ground floor shall provide a minimum of 50 sq. ft. of private open space, such as decks and balconies.

Yes ___ No ___
Comments:

Info. location:

For remodeled buildings with over five new residential units proposed, 5% of the residential square footage shall be common open space (for the shared use of building occupants). The following are acceptable common open space areas:
a) rooftop gardens or decks
b) indoor or outdoor recreational areas
c) courtyards or patios
d) balconies
Yes ___ No ___
Comments:

Info. location:

Exterior walkways shall have lighting no greater than 15 feet above the sidewalk, landscaping pursuant to the Landscaping Plant List (18-inch depth minimum), and site furniture made of metal or wood. No plastic furniture is allowed.

Yes ___ No ___
Comments:

Info. location:

The project shall connect to existing pedestrian walkways and bicycle facilities.

Yes ___ No ___
Comments:

Info. location:

Public Utilities and Building Services/Trash, Service, and Equipment Areas
Meets Standard?
Mechanical equipment, utility meters, fire sprinkler risers, back flow preventers, trash areas, and other utilities shall be located inside a building or completely screened from public view within an enclosure.

Landscaping pursuant to the Landscaping Plant List may be used as an enhancement to the enclosure. Enclosures shall be made of metal, wood, or stucco. If stucco, the color shall be the same as the primary building’s exterior color. Screening materials may have evenly distributed openings or perforations averaging 50 percent of the surface area. Chain-link fencing is prohibited.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 21, Packet Page 195 Exhibit A
5 Store trash and recycling within an enclosed area in accordance with the City’s Recycling and Waste Enclosure Standards and Guidelines.

Yes ___ No ___
Comments:

Info. location:

Rooftop mounted equipment shall be hidden from public view either within an enclosure or behind a pitched or simple parapet wall incorporated into the design of the building.

Yes ___ No ___
Comments:

Info. location:

Parking Meets Standard?
For any parking structure's elevations that face a street, 75% of the linear feet of the elevation shall incorporate at least two of the following into the design: (a) Ground floor commercial businesses; (b) Murals or public art (c) Landscaping pursuant to Landscape Plant List (d) Public benches for seating
Yes ___ No ___
Comments:

Info. location:

Parking lots shall be screened from the public right-of-way with four-foot tall wood or metal fencing, four-foot tall masonry walls, or four-foot tall stucco walls painted the same color as the primary building exterior.

Landscaping pursuant to the Landscaping Plant List may be used as an enhancement to the fencing/wall.

Yes ___ No ___
Comments:

Info. location:

Commercial Parking Space Requirements: Maximum of four spaces per 1,000 GSF. No minimum requirement for commercial.

Yes ___ No ___
Comments:

Info. location:

Residential Parking Space Requirements: Minimum of .5 spaces per unit.

Maximum of 2 spaces per unit. All new residential development shall “unbundle” the full cost of parking from the cost of the housing itself, by creating a separate parking charge.

Yes ___ No ___
Comments:

Info. location:

Parking space requirements may be satisfied by paying the City’s in-lieu fee rate.

Yes ___ No ___
Comments:

Info. location:

Parking may be shared between:
• different uses within a single mixed-use building.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 22, Packet Page 196 Exhibit A
6 • buildings and an off-site parking facility, provided that the off-site facility is within one half mile of the building entrance. Parking may be shared with an off-site parking facility located more than one half mile from the building entrance only with the discretionary approval of the Planning Commission.

Info. location:

Off-site shared parking is subject to an agreement in a form approved by the City.

Yes ___ No ___
Comments:

Info. location:

Onsite parking fronting Alvarado Street is prohibited. Yes ___ No ___ Comments:

Info. location:

Rear parking areas shall have access from side streets or mid-block driveways, unless access from the front driveway(s) is necessary for flexibility on a constrained lot, or to address a safety issue or traffic impacts.

Yes ___ No ___
Comments:

Info. location:

Curb cuts shall be a minimum of 20 feet away from the intersection. Yes ___ No ___ Comments:

Info. location:

Parking shall adhere to adopted parking dimension standards. Yes ___ No ___ Comments:

Info. location:

Building Design, Mass and Scale Meets Standard?
Maximum Stories*:
• Alvarado District - 4 stories
• Density Cap Overlay - 4 stories for projects with at least 50% of FAR dedicated to residential use.
• East Village District - 3 stories
• Pearl District - 3 stories
• All other districts - 2 stories
* See definition of “Story” in City Code Section 38-11
Yes ___ No ___
Comments:

Info. location:

Exceptions to numerical limits are allowed if needed to facilitate ADA access.

Yes ___ No ___
Comments:

Info. location:

Roofs must use one of the following features along the entire front and side building façades:
a. Decorative parapets
b. Cornices
c. Roof eaves
Yes ___ No ___
Comments:

Info. location:

Dormer windows’ roof profile shall not be higher than the existing or proposed roofline or extend beyond the roofline.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 23, Packet Page 197 Exhibit A
7 Decks and windows must not be within 10 feet of adjacent buildings. Yes ___ No ___ Comments:

Info. location:

Within the Alvarado District, the doors and windows of the non-residential ground floor shall have transparent (i.e., clear) glass. A minimum of 35% of the linear feet of each building shall consist of door and windows.

Yes ___ No ___
Comments:

Info. location:

Sidewalls on buildings shall not be blank. Fifty percent (50%) of the sidewall length shall be taken up by a minimum of two of the following options:
a. Modulation of the building façade
b. Façade materials such as stone, brick, etc.
c. Architectural features (windows, eaves, etc.)
d. Landscaping pursuant to Landscaping Plant List
e. Murals
f. Public art
Yes ___ No ___
Comments:

Info. location:

Buildings shall include at least one of the following elements to break up the vertical mass of walls greater than one story: (a) porches, (b) balconies, (c) decorative horizontal elements. Porches and balconies shall have a minimum horizontal surface of 50 sq. ft. Horizontal elements shall be the length of the building façade.

Yes ___ No ___
Comments:

Info. location:

Building corners at street intersections shall include doorways, windows, or other architectural features.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 24, Packet Page 198 Exhibit A
8 At block corners, where the building contains an entrance, the exterior transition space shall include at least one of the following: planters made of ceramic, wood, metal, cement, and/or masonry/stone (planters shall be no taller than 5 feet and have a base no larger than 20 square feet) and landscaping pursuant to the Landscaping Plant List or outdoor seating.

Yes ___ No ___
Comments:

Info. location:

Include the following to break up the building massing: (a) A base, middle, and cap into the building design; and (b) Variation in architectural detailing, parapet, and materials is required.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 25, Packet Page 199 Exhibit A
9 If a mixed-use project is proposed with the majority of the non-residential component on the ground floor, the ground floor shall be 1-3 feet taller than the floors above, with a minimum plate height of 10 feet.

Yes ___ No ___
Comments:

Info. location:

Pedestrian entrances along buildings’ primary frontage shall be oriented toward and level with the street.

Yes ___ No ___
Comments:

Info. location:

Storefronts shall be located at street level. Yes ___ No ___ Comments:

Info. location:

Colors Meets Standard?
Buildings shall use a minimum of two colors, not including roofing color. Yes ___ No ___ Comments:

Info. location:

Brick and stone shall not be painted, but previously painted surfaces may be repainted.

Yes ___ No ___
Comments:

Info. location:

Building Materials Meets Standard?
Siding materials allowed are brick, stone, smooth stucco, wood, concrete, metal, premanufactured building siding materials, and adobe.

Yes ___ No ___
Comments:

Info. location:

Roofing materials allowed are tile, asphalt or composition shingles, standing seam metal roofing, corrugated metal, wood shingles/shakes on sloped roofs, and plastic membranes or tar and gravel on flat roofs.

Yes ___ No ___
Comments:

Info. location:

Awning shapes allowed are shed, hip-ended shed, slant, and flat panel.

Awnings shall not hide architectural features.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 26, Packet Page 200 Exhibit A
10 Lighting Meets Standard?
Lighting plans shall be prepared and submitted for review as part of the project. Lighting plans must indicate all exterior lighting fixture locations, height, type of light source, fixture type and pole type. A photometric study is required for parking lots.

Yes ___ No ___
Comments:

Info. location:

Exposed bulbs are prohibited except filament bulbs. Yes ___ No ___ Comments:

Info. location:

All lamps shall be directed downward. Lamps shall not be visible from side or from behind fixture.

Yes ___ No ___
Comments:

Info. location:

Outlining roof elements and building with lighting is prohibited. Yes ___ No ___ Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 27, Packet Page 201 Exhibit A
11 Info. location:

Lighting shall be in the range of 2700 to 3500 kelvin temperature. Yes ___ No ___ Comments:

Info. location:

Lamps shall be fully shielded or directed away from residential areas, neighboring properties and the public right-of way.

Yes ___ No ___
Comments:

Info. location:

Lighting near mixed-use buildings shall be directed away from upper story residential windows.

Yes ___ No ___
Comments:

Info. location:

Maximum pole height: 15 feet. Yes ___ No ___
Comments:

Info. location:

Projects shall design to and maintain the following maximum light levels and spacing:
• Plazas, Paseos, and Alleys – Spacing to meet average maintained illumination levels up to a maximum 1.0 footcandles.
• Courtyards - Light level: 5 footcandles maximum.
• Buildings - Spacing to meet average maintained illumination levels of a minimum 0.5 footcandles and maximum 1.0 footcandles.
• Primary Building Entry - Not to exceed average maintained illumination levels of a maximum 5.0 footcandles.
• ATMs - Not to exceed California Financial Code footcandle requirements. • Canopies - Average 10 footcandles maximum.
• Parking Lots - Spacing to meet average maintained illumination levels of a maximum of 0.5 footcandles and a 15:1 maximum to minimum uniformity ratio.
• Service Areas - 10 footcandles maximum.

Yes ___ No ___
Comments:

Info. location:

Awning lighting shall be recessed and concealed. Yes ___ No ___ Comments:

Info. location:

Light fixtures on buildings shall be motion sensing with light reduced to ½ of maximum lighting.

Yes ___ No ___
Comments:

Info. location:

Direct light fixtures away from adjacent property lines. Fixtures with an adjustable aiming angle are prohibited.

Yes ___ No ___
Comments:

Info. location:

Lighting in trees in private yards shall be at 5 footcandles maximum to remain subordinate to the overall street lighting.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 28, Packet Page 202 Exhibit A
12 Info. location:

Landscape lighting shall be fully shielded. Uplighting of landscaping is prohibited, with the exception of trees. Uplighting in trees in private yards shall be at 5 footcandles maximum, to remain subordinate to the overall street lighting.

Yes ___ No ___
Comments:

Info. location:

Building walls shall not be illuminated, except for signage. • An exception is for historic landmarks, if at least one of the provisions are met: (1) Lighting shall be indirect, from concealed sources (2) lighting shall not shine up into the sky (3) A relatively low level of lighting (2-5 footcandles) shall be used.

Yes ___ No ___
Comments:

Info. location:

For historic landmark adobe façades, low intensity (2-5 footcandles), concealed lights shall be used to softly illuminate the facades.

Yes ___ No ___
Comments:

Info. location:

Signs Meets Standard?
The sign standards contained herein shall take precedence. The definitions, exempt signs, and prohibited signs in Monterey City Code Chapter 31 shall apply. The Citywide Sign Guidelines2’ “Guidelines – Specific” shall apply and shall be read as standards.

Yes ___ No ___
Comments:

Info. location:

Internally illuminated signs, as defined in the Citywide Sign Guidelines2, are prohibited.

Yes ___ No ___
Comments:

Info. location:

On adobe buildings, the drilling or other hard-mounting installation of signage is prohibited. Painted/applied signs, or freestanding signs, as defined in the Citywide Sign Guidelines2, are appropriate.

Yes ___ No ___
Comments:

Info. location:

Awning signs, as defined in the Citywide Sign Guidelines2, shall only be located above a building entry.

Yes ___ No ___
Comments:

Info. location:

Freestanding signs, as defined in the Citywide Sign Guidelines2, are prohibited on Alvarado Street.

Yes ___ No ___
Comments:

Info. location:
2 Citywide Sign Guidelines weblink: https://files.monterey.org/Document%20Center/CommDev/Planning/DesignStandards/Sign-Guidelines.pdf Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 29, Packet Page 203 Exhibit A
13 A-frame signs, as defined in the Citywide Sign Guidelines2, are permitted when located on private property, and subject to the restrictions contained in the Citywide Sign Guidelines’ “Guidelines – Specific”.

Yes ___ No ___
Comments:

Info. location:

For proposed and replacement signage in historic districts or buildings, use historically-appropriate materials, such as painted or carved signs.

Yes ___ No ___
Comments:

Info. location:

Interpretive historic signs that contain clear educational messages and content that inform the public of each resource's historic significance are appropriate.

Yes ___ No ___
Comments:

Info. location:

Deviance from these sign standards shall require a sign permit. Yes ___ No ___ Comments:

Info. location:

Landscaping Meets Standard?
The project shall comply with Monterey City Code Section 38-138, which references 23 California Code of Regulations Section 490 et seq. (Model Water Efficient Landscape Ordinance), and any amendments thereto; Monterey Peninsula Water Management District Rule 142 (Water Efficiency Standards) and Rule 143 (Water Efficiency Standards for Existing Non-Residential Uses), and any amendments thereto.

Yes ___ No ___
Comments:

Info. location:

Projects are required to plant street trees, pursuant to the Landscaping Plant List, to match existing tree spacing abutting the project parcel or every 19 feet, unless infeasible due to a safety issue or conflict with utility infrastructure or parked vehicles.

Yes ___ No ___
Comments:

Info. location:

Fruiting trees along public walkways are prohibited. Yes ___ No ___ Comments:

Info. location:

Fruiting trees may be placed in landscape areas that are not adjacent to public right of ways.

Yes ___ No ___
Comments:

Info. location:

All projects shall protect and preserve existing trees. If trees are proposed for removal, they shall be replaced onsite at a 3 replacements-for-1 removal ratio. The replacement trees shall be 15-gallon in size and shall be one or more species listed in the Landscaping Plant List. A tree removal permit is required if the project proposal does not meet the 3 replacements-for-1 removal ratio or if the replacement trees die.

Yes ___ No ___
Comments:

Info. location:

A landscape plan showing existing and proposed plant materials, species, and size shall be submitted with the project application and shall comply with the Landscaping Plant List.

Yes ___ No ___
Comments:

Info. location:

Street tree grates must be able to contain root systems so that sidewalks will not be disrupted.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 30, Packet Page 204 Exhibit A
14 Info. location:

All landscaping must comply with the approved Landscaping Plant List for public parks and private property below. Substitutes are accepted if they are listed by the Monterey Peninsula Water Management District.

Yes ___ No ___
Comments:

Info. location:

Fences/Walls Meets Standard?
Prohibited fencing/wall materials: glass, chain-link, barbed wire, electrified, and raw bamboo. Allowed fencing/wall materials: smooth stucco finish, brick, masonry/stone, concrete, wood, bamboo planks, adobe, premanufactured building materials, and metal/wrought iron.

Yes ___ No ___
Comments:

Info. location:

Maximum fence/wall height shall be six feet unless an architectural review permit is obtained.

Yes ___ No ___
Comments:

Info. location:

Retaining walls that are visible from the public right-of-way shall not exceed 10 feet in height. Retaining walls shall be finished with metal, wood, ceramic, masonry, or stucco. If stucco, the color shall be the same as the primary building’s exterior color.

Yes ___ No ___
Comments:

Info. location:

The following is the approved Landscaping Plant List that contains the most commonly used plants in Monterey’s City Parks, public grounds, medians and traffic islands with a focus on native and drought tolerant species. Refer to the Downtown Specific Plan for plant images.

Trees
The following tree species are allowed within the plan.

Alvarado Street
The existing Alvarado Street trees shall be replaced with a more compact, flowering tree with a smaller leaf. The following trees are allowed along Alvarado Street: Gleditsia triacanthos inermis Honeylocust, Prunus x yedoensis Akebono Cherry, Albizia julibrissin Silk Tree, Crataegus phaenopyrum Washington Hawthorne, Crataegus viridis ‘Winter King’ Hawthorne.

Street Trees
The following street trees are allowed in addition to the previous tree recommendations for Alvarado Street: Pistacia chinensis Chinese Pistache, Lagerstroemia Crape Myrtle, Liriodendron tulipifera L. Tulip Tree, Magnolia x soulangeana Saucer Magnolia, Magnolia grandiflora ‘Little Gem’ Southern Magnolia, Quercus rubra Red Oak, Quercus palustris Pin Oak, robinia idahoensis Chanticleer Pear.

Tall Shrubs and Perennials
alyogyne heugilli Blue Hibiscus, ceanothus Julia Phelps Ceanothus, echium candicans Pride of Madiera, euryops pectinatus Euryops, romneya coulterii Matilija Poppy, impatiens olivary Evergreen Impatien, lavatera maritima bi color Tree Mallow, phlomis fruticose Jerusalem Sage, phormium tenax New Zealand Flax, viburnum tinus S.B. Laurustinus, podocarpus gracilior Yew Pine, polygala dalmaisiana Sweet Pea Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 31, Packet Page 205 Exhibit A
15 Shrub, salvia leucantha Mexican Sage, tagates lemonii Bush Marigold, westringia fruticose Australian Rose.

Short Shrubs and Perennials
agapanthus orientalis Lily of the Nile, artemesia Powis Castle Artemesia, acanthus mollis Bears Breech, bidens ferulifolia Bidens, coleonema pulchrum Breath of Heaven, correa pulchella Australian Fuchsia, dietes vegeta Fortnight Lily, erigeron karvinskianus Santa Barbara Daisy, gaura lindheimeri Gaura, heuchera maxima Island Alum Root, lobelia laxifola Lobelia, salvia x bees bliss Salvia.

Vines
bougainvillea Bougainvillea, hardenbergia violacea Lilac Vine, jasminum polyanthum Pink Jasmine, loniceria hildebrandiana Burmese Honeysuckle, solanum jasminoides Potato Vine, thunbergia gregorii Orange Clock Vine, wisteria sinensis Chinese wisteria.

Ground Covers
ajuga repens Carpet Bugle, campanula Bellflower, ceanothus Carmel creeper Ceanothus, gazania hybrids Gazania.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 32, Packet Page 206

EXHIBIT B
1 Lighthouse Specific Plan Objective Design Standards
Visitor Accommodation Facility zoned properties shall be subject to development standards set forth in City Code Chapter 38 and City Charter Section 8.1.

The provisions contained in this document constitute the primary development standards for the project area. Where provisions are not addressed in this document, standards as described in the Lighthouse Specific Plan and Monterey City Code shall apply.

Site Planning Meets Standard?
30 du/acre Yes ___ No ___
Comments:

Info. location:

For new subdivisions, minimum lot area shall be 5,000 square feet and minimum lot width shall be 50 feet.

Yes ___ No ___
Comments:

Info. location:

Projects on through lots and corner lots shall provide a building face1 to both streets.

Yes ___ No ___
Comments:

Info. location:

For traffic safety at intersections, buildings shall be set back seven feet from the property corner (as shown below) to ensure line of sight for vehicles is maintained.

Yes ___ No ___
Comments:

Info. location:

Only roof eaves/overhangs, balconies, bay windows, and other building protrusions (not floor area) are allowed to project over property line. A minimum seven-foot setback is required to utility poles, traffic lights, utility boxes, and trees located in the public right-of-way Yes ___ No ___
Comments:

Info. location:

A maximum of 50% of the building frontage may be set back from the sidewalk edge, only to accommodate a recessed entry, outdoor seating, or landscaping pursuant Landscaping Plant List.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 33, Packet Page 207

EXHIBIT B
2 Outdoor seating is permitted. If outdoor seating is proposed, only chairs and tables made of metal and/or wood are allowed. Plastic furniture is prohibited.

Yes ___ No ___
Comments:

Info. location:

An encroachment permit shall be required for outdoor seating to encroach into the public right of way. There must be a minimum of seven feet or greater of unencumbered sidewalk.

Yes ___ No ___
Comments:

Info. location:

Buffers shall be provided on portions of properties that are adjacent to existing residential uses. The following is a list of acceptable buffers: (1) Landscaping from Landscaping Plant List (18 to 36 inches in depth), (2) Open Space (minimum 5 feet from adjacent residence), (3) Sidewalks (minimum 4 feet wide), and (4) Parking (shall adhere to adopted parking dimension standards).

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Outdoor residential spaces shall have at least one tree from the Landscaping Plant List.

Yes ___ No ___
Comments:

Info. location:

Buildings shall include the following window transparency along the public right-of-way:
• First floor windows (provide minimum 35% of the building’s first floor length and height with transparent windows)
• Above first floor windows (provide minimum 15% of the building’s above first floor length and height with transparent windows) Yes ___ No ___
Comments:

Info. Location:

Yes ___ No ___
Comments:

Info. Location:

All building entries shall be located at street level. Where there is a difference in street elevations, grading shall occur so that the building entrance is at street level.

Yes ___ No ___
Comments:

Info. Location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 34, Packet Page 208

EXHIBIT B
3 Open Space Meets Standard?
Open space areas shall contain a minimum of two of the following amenities/elements:
a. Outdoor seating
b. Patios
c. Courtyards
d. Landscaped yards (except fronting Lighthouse Avenue), 18-inch depth minimum, pursuant to Landscaping Plant List
e. Balconies
f. Roof-top gardens or decks
Yes ___ No ___
Comments:

Info. Location:

For new buildings with a residential component, a common open space area (for the shared use of building occupants) shall be incorporated into the project. The amount of common open space that must be provided shall be 5% of the project site’s square footage. No horizontal dimension shall be less than 10 feet. This common open space area may be incorporated anywhere on the project site, including within the primary building area. The following are acceptable common open space areas:
a) rooftop gardens or decks
b) indoor or outdoor recreational areas
c) courtyards or patios
d) balconies
Yes ___ No ___
Comments:

Info. Location:

For new buildings with a residential component, each residential unit above the ground floor shall provide a minimum of 50 sq. ft. of private open space, such as decks and balconies.

Yes ___ No ___
Comments:

Info. Location:

Yes ___ No ___
Comments:

Info. Location:

The project shall connect to existing pedestrian walkways and bicycle facilities.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 35, Packet Page 209

EXHIBIT B
4 Info. Location:

Yes ___ No ___
Comments:

Info. Location:

Store trash and recycling within an enclosed area in accordance with the City’s Recycling and Waste Enclosure Standards and Guidelines.

Yes ___ No ___
Comments:

Info. Location:

Rooftop mounted equipment shall be hidden from public view either within an enclosure or behind a pitched or simple parapet wall incorporated into the design of the building.

Yes ___ No ___
Comments:

Info. Location:

Parking Meets Standard?
For any parking structure’s elevations that face a street, 75% of the linear feet of the elevation shall incorporate at least two of the following into the design: (a) Ground floor commercial businesses; (b) Murals or public art (c) Landscaping pursuant to Landscape Plant List (d) Public benches for seating
Yes ___ No ___
Comments:

Info. Location:

Landscaping pursuant to the Landscaping Plant List may be used as an enhancement to the fencing/wall.

Yes ___ No ___
Comments:

Info. Location:

Commercial Parking Space Requirements: minimum of two spaces per 1,000 GSF.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 36, Packet Page 210

EXHIBIT B
5 Info. Location:

Residential Parking Space Requirements: minimum of one space per unit. Yes ___ No ___ Comments:

Info. Location:

Parking may be shared between:
• different uses within a single mixed-use building.
• buildings and an off-site parking facility, provided that the off-site facility is within one half mile of the building entrance. Parking may be shared with an off-site parking facility located more than one half mile from the building entrance only with the discretionary approval of the Planning Commission.

Yes ___ No ___
Comments:

Info. Location:

Off-site shared parking is subject to an agreement in a form approved by the City.

Yes ___ No ___
Comments:

Info. Location:

Parking is prohibited between the building and any street. Surface parking lots shall be located to the side or rear of the lot or behind the primary building.

Yes ___ No ___
Comments:

Info. Location:

Yes ___ No ___
Comments:

Info. Location:

Curb cuts shall be a minimum of 20 feet away from the intersection. Yes ___ No ___ Comments:

Info. Location:

No additional parking is required when the use of an existing building changes and/or intensifies.

Yes ___ No ___
Comments:

Info. Location:

Parking shall adhere to adopted parking dimension standards. Yes ___ No ___ Comments:

Info. Location:

Building Design, Mass and Scale Meets Standard?
One and two story (25-foot maximum height) buildings are allowed.

Three-story buildings (35-foot maximum height) may be permitted if the third story of the building is set back twelve feet from the Lighthouse Avenue/Foam Street property line and twelve feet from a side street property line.

Yes ___ No ___
Comments:

Info. location:

Exceptions to numerical limits are allowed if needed to facilitate ADA access.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 37, Packet Page 211

EXHIBIT B
6 Info. location:

Roofs must use one of the following features along the entire front and side building facades:
a. Decorative parapets
b. Cornices
c. Roof eaves
Yes ___ No ___
Comments:

Info. location:

Dormer windows’ roof profile shall not be higher than the existing or proposed roofline or extend beyond the roofline.

Yes ___ No ___
Comments:

Info. location:

The doors and windows of the non-residential ground floor shall have transparent (i.e. clear) glass. A minimum of 35% of the linear feet of each building shall consist of doors and windows.

Yes ___ No ___
Comments:

Info. location:

Building corners at street intersections shall include doorways, windows, or other architectural features.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 38, Packet Page 212

EXHIBIT B
7 At block corners, where the building contains an entrance, the exterior transition space shall include at least one of the following: planters made of ceramic, wood, metal, cement, and/or masonry/stone (planters shall be no taller than 5 feet and have a base no larger than 20 square feet) and landscaping pursuant to the Landscaping Plant List or outdoor seating.

Yes ___ No ___
Comments:

Info. location:

Include the following to break up the building massing: (a) A base, middle, and cap into the building design; (b) Variation in architectural detailing, parapet, and materials is required.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 39, Packet Page 213

EXHIBIT B
8 Building, façade, and/or parapet heights must be divided into two or more divisions for frontages, to reflect the appearance of several smaller buildings. Divisions must have finishes that are visibly distinct in material and/or color.

Yes ___ No ___
Comments:

Info. location:

Projects along Lighthouse Avenue must include at least one type of the following list of small design elements: (a) Lamps; (b) Awnings; (c) Balconies.

Yes ___ No ___
Comments:

Info. location:

At least one porch or balcony shall be added to buildings with more than one story and with facades that face Lighthouse Avenue.

Yes ___ No ___
Comments:

Info. location:

Buildings that exceed one story must include at least one balcony at every story above the ground floor.

Yes ___ No ___
Comments:

Info. location:

If a mixed-use project is proposed with the majority of the non-residential component on the ground floor, the ground floor shall be 1-3 feet taller than the floors above, with a minimum plate height of 10 feet.

Yes ___ No ___
Comments:

Info. location:

Colors Meets Standard?
Buildings shall use a minimum of two colors, not including roofing color. Yes ___ No ___ Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 40, Packet Page 214

EXHIBIT B
9 Brick and stone shall not be painted, but previously painted surfaces may be repainted.

Yes ___ No ___
Comments:

Info. location:

Building Materials Meets Standard?
Siding materials allowed are brick, stone, smooth stucco, wood, concrete, and adobe.

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Awning shapes allowed are shed, hip-ended shed, slant, and flat panel.

Awnings shall not hide architectural features.

Yes ___ No ___
Comments:

Info. location:

Large, panelized surfaces shall not be larger than 250 sq. ft. Yes ___ No ___ Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 41, Packet Page 215

EXHIBIT B
10 Info. location:

Lighting Meets Standard?
Lighting plans shall be prepared and submitted for review as part of the project. Lighting plans must indicate all exterior lighting fixture locations, height, type of light source, fixture type and pole type. A photometric study is required for parking lots.

Yes ___ No ___
Comments:

Info. location:

Exposed bulbs are prohibited. Yes ___ No ___
Comments:

Info. location:

Exterior building light fixtures shall use refactors, louvers, patterned, or translucent glass to obscure view of the lamp.

All lamps shall be directed downward. Lamps shall not be visible from side or from behind fixture.

Yes ___ No ___
Comments:

Info. location:

Outlining roof elements and building with lighting is prohibited. Yes ___ No ___ Comments:

Info. location:

Lighting shall be in the range of 2700 to 3500 kelvin temperature. Yes ___ No ___ Comments:

Info. location:

Lamps shall be fully shielded or directed away from residential areas, neighboring properties and the public right-of way.

Yes ___ No ___
Comments:

Info. location:

Lighting near mixed-use buildings shall be directed away from upper story residential windows.

Yes ___ No ___
Comments:

Info. location:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 42, Packet Page 216

EXHIBIT B
11 Maximum pole height: 15 feet. Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Awning lighting shall be recessed and concealed. Yes ___ No ___ Comments:

Info. location:

Light fixtures on buildings shall be motion sensing with light reduced to ½ of maximum lighting.

Yes ___ No ___
Comments:

Info. location:

Direct light fixtures away from adjacent property lines. Fixtures with an adjustable aiming angle are prohibited.

Yes ___ No ___
Comments:

Info. location:

Lighting in trees in private yards shall be at 5 footcandles maximum to remain subordinate to the overall street lighting.

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

For historic landmark adobe façades, low intensity (2-5 footcandles), concealed lights shall be used to softly illuminate the facades.

Yes ___ No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 43, Packet Page 217

EXHIBIT B
12 Info. location:

Yes ___ No ___
Comments:

Info. location:

Sign area allowance shall be in accordance with sign area maximums in Commercial Zoning districts as outlined in the Citywide Sign Guidelines2.

Yes ___ No ___
Comments:

Info. location:

Internally illuminated signs, as defined in the Citywide Sign Guidelines2, are prohibited.

Yes ___ No ___
Comments:

Info. location:

Vehicle-oriented freestanding signs, as defined in the Citywide Sign Guidelines2, are prohibited except where a primary building is set back at least 20 feet, such as is common with a service station.

Yes ___ No ___
Comments:

Info. location:

Deviance from these sign standards shall require a sign permit. Yes ___ No ___ Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Fruiting trees along public walkways are prohibited. Yes ___ No ___ Comments:

EXHIBIT B
13 Fruiting trees may be placed in landscape areas that are not adjacent to public right of ways.

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

A landscape plan showing existing and proposed plant materials, species, and size shall be submitted with the project application and shall comply with the Landscaping Plant List.

Yes ___ No ___
Comments:

Info. location:

Street tree grates must be able to contain root systems so that sidewalks will not be disrupted.

Yes ___ No ___
Comments:

Info. location:

Yes ___ No ___
Comments:

Info. location:

Maximum fence/wall height shall be six feet unless an architectural review permit is obtained.

Yes ___ No ___
Comments:

Info. location:

Retaining walls that are visible from the public right-of-way shall not exceed 10 feet in height. Retaining walls shall be finished with metal, wood, or stucco. If stucco, the color shall be the same as the primary building’s exterior color.

Yes ___ No ___
Comments:

Info. location:

The following is the approved Landscaping Plant List for public parks and private property. Sidewalk trees are addressed in Chapter 5 of the Lighthouse Specific Plan. Refer to the Lighthouse Specific Plan for plant images.

Parkland Trees:

Cypressus macrocarpa Monterey Cypress, Pinus radiata Monterey Pine, Quercus agrifolia Coast Live Oak, Sequoia sempervirens Coast Redwood.

Accent Trees:

Prunus x yedoensis Akebono Cherry, Magnolia x soulangeana Saucer Magnolia, Crataegus viridis Winter King Hawthorne, Robinia idahoensis Idaho locust, Pinus thunbergia Japanese Black Pine, Quercus coccinea Scarlet Oak.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 45, Packet Page 219

EXHIBIT B
14 Tall Shrubs and Perennials
alyogyne heugilli Blue Hibiscus, ceanothus Julia Phelps Ceanothus, echium candicans Pride of Madiera, euryops pectinatus Euryops, romneya coulterii Matilija Poppy, impatiens olivary Evergreen Impatien, lavatera maritima bi color Tree Mallow, phlomis fruticose Jerusalem Sage, phormium tenax New Zealand Flax, viburnum tinus S.B. Laurustinus, podocarpus gracilior Yew Pine, polygala dalmaisiana Sweet Pea Shrub, salvia leucantha Mexican Sage, tagates lemonii Bush Marigold, westringia fruticose Australian Rose.

Ground Covers
ajuga repens Carpet Bugle, campanula Bellflower, ceanothus Carmel creeper Ceanothus, gazania hybrids Gazania.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 46, Packet Page 220 ATTACHMENT 2
Senate Bill 35 Streamlined Review Application Checklist Effective January 1, 2018, and as later amended, SB 35 enacted Government Code Section 65913.4 to establish a streamlined, ministerial approval process for multifamily housing projects that include an affordable housing component and satisfy certain eligibility criteria.

The following information and checklist are intended as a guide to help applicants and the City's Planning Division determine if a project is eligible for streamlined processing under SB 35. The property owner or property owner’s agent must complete the following information and submit a completed submittal checklist.

A. Applicant Information
Project Address ______________________________________________ Project Name ______________________________________________ Assessor’s Parcel Number ______________________________________________ Property Owner or Representative’s Name ______________________________________________ Property Owner or Representative’s
Mailing Address:

Phone Number:

E-Mail Address:
______________________________________________
______________________________________________
______________________________________________
Project Description ______________________________________________ ______________________________________________
If applying for a density bonus, has the
property owner or representative
complied with all requirements in
Monterey City Code Section 38-112.5?
Yes ___
No ___
I ________________________ (Property Owner or Representative) hereby certify that the statements furnished in this application are true and correct.

Property Owner or Representative Signature ________________________ Date ______________ Property Owner or Representative Name ________________________ B. Eligibility Criteria
To be eligible for SB 35 streamlining, a project must meet ALL the following criteria, from 1 through 11:

Eligibility Criteria Meets Criteria?

1. NOTIFICATION TO NATIVE AMERICAN TRIBES.
 A notice of the intent to submit an
application for SB 35 approval (SB 35
Preliminary Application) was submitted
to the City and the City provided formal
notice to and requested consultation
Yes ___
No ___ If no, stop here. Application is ineligible
for SB 35 streamlined processing.

Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 47, Packet Page 221 ATTACHMENT 2
with California Native American tribes
(tribes) that are traditionally and
culturally affiliated with the geographic
area of the proposed development site.

Check the following which apply:
o Tribes did not accept scoping
consultation invitation
o A scoping consultation was
accepted but affected tribe(s)
substantially failed to engage in
the scoping consultation
o Consultation concluded that no
tribal cultural resource could be
affected by the proposed
development
o Consultation concluded that a
potential tribal cultural resource
could be affected by the
proposed development and an
enforceable agreement on
methods, measures, and
conditions for tribal cultural
resource treatment is
documented between the parties
to the consultation; and
o The parties to the consultation
do not disagree as to whether a
potential tribal cultural resource
will be affected by the proposed
development.

Sheet or document location where information
can be found:

2. NUMBER AND TYPE OF UNITS.
 The project must be a multifamily
housing development that contains at
least two residential units and comply
with the minimum and maximum
residential density range permitted for
the site, plus any applicable density
bonus.
 Number of Units: ____
 Size of parcel: ____
Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

3. AFFORDABILITY.
 If more than 10 residential units are
proposed, at least 10 percent of the
project's total units must be dedicated as
affordable to households making below
80 percent of the area median income.

The project must also comply with
Monterey’s inclusionary ordinance
Yes ___
No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 48, Packet Page 222 ATTACHMENT 2
(Monterey City Code Chapter 8). If the
project will contain subsidized units, the
applicant has recorded or is required by
law to record, a land use restriction for
the following minimum durations, as
applicable:
o 55 years for rental units.
o 45 years for homeownership
units.
o Number of Affordable Units:
____ and Affordability Level(s):
____
Sheet or document location where information
can be found:

4. URBAN INFILL.
 The project must be located on a legal
parcel or parcels within the incorporated
City limits. At least 75 percent of the
perimeter of the site must adjoin parcels
that are developed with urban uses1.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

5. ZONED OR PLANNED RESIDENTIAL USES.
 The project must be located on a site that
is either zoned or has a General Plan
designation for residential or residential
mixed-use development, including sites
where residential uses are permitted as a
conditional use. If the multifamily
housing development is a mixed-use
development, at least two-thirds of the
project's square footage must be
designated for residential use.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

6. CONSISTENT WITH OBJECTIVE STANDARDS2.
 The project must meet all objective
zoning and design review standards in
effect at the time the application is
submitted.
o If the project is consistent with
the minimum and maximum
density range allowed within the
General Plan land use
Yes ___
No ___
Comments:

Sheet or document location where information
can be found:
1 For purposes of SB 35, “urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined. 2 Objective standards are those that require no personal or subjective judgment and must be verifiable by reference to an external and uniform source available prior to submittal.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 49, Packet Page 223 ATTACHMENT 2
designation, it is deemed
consistent with housing density
standards.
o Any density bonus or any
concessions, incentives, or
waivers of development
standards or reduction of parking
standards requested under the
Density Bonus Law in
Government Code section 65915
are deemed consistent with
objective standards.
o Sources of objective standards
include, without limitation:
 General Plan.
 City of Monterey
Municipal Code.
 Specific Plan (as
applicable).
o City of Monterey Design and
Construction Standards.

7. PARKING.
 The project must provide at least one
parking space per unit, unless an
applicable objective standard requires
less than this number. However, no
parking is required if the project meets
any of the following criteria:
o The project is located within onehalf mile of public transit as defined by Section 102(t) of the
HCD Guidelines.
o The project is located within an
architecturally and historically
significant historic district.
o On-street parking permits are
required but not offered to the
occupants of the project.
o There is a car share vehicle as
defined by HCD Guidelines
Section 102(d) within one block
of the development. A block can
be up to 1,000 linear feet of
pedestrian travel along a public
street from the development.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

8. LOCATION. Yes ___
No ___
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 50, Packet Page 224 ATTACHMENT 2
 The project must be located on a
property that is outside each of the
following areas:
o Either prime farmland or
farmland of statewide
importance
o Wetlands, as defined in the
United States Fish and Wildlife
Service Manual, Part 660 FW 2
(June 21, 1993).
o A very high fire hazard severity
zone, as determined by the
Department of Forestry and Fire
Protection pursuant to Section
51178, or within a high or very
high fire hazard severity zone as
indicated on maps adopted by
the Department of Forestry and
Fire Protection pursuant to
Section 4202 of the Public
Resources Code. This does not
apply to sites excluded from the
specified hazard zones by the
City, pursuant to subdivision (b)
of Section 51179, or sites that
have adopted fire hazard
mitigation measures pursuant to
existing building standards or
state fire mitigation measures
applicable to the development.
o A hazardous waste site that is
listed pursuant to Section
65962.5 or a hazardous waste
site designated by the
Department of Toxic Substances
Control pursuant to
Section25356 of the Health and
Safety Code, unless the
Department of Toxic Substances
Control has cleared the site for
residential use or residential
mixed-uses.
o A delineated earthquake fault
zone as determined by the State
Geologist in any official maps
published by the State Geologist,
unless the development complies
with applicable seismic
Comments:

Sheet or document location where information
can be found:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 51, Packet Page 225 ATTACHMENT 2
protection building code
standards adopted by the
California Building Standards
Commission under the California
Building Standards Law (Part

2.5(commencing with Section
18901) of Division 13 of the
Health and Safety Code), and by
any local building department
under Chapter 12.2 (commencing
with Section 8875) of Division 1
of Title 2.
o A flood plain as determined by
maps promulgated by the
Federal Emergency Management
Agency, unless the development
has been issued a flood plain
development permit pursuant to
Part 59 (commencing with
Section 59.1) and Part
60(commencing with Section

60.1) of Subchapter B of Chapter
I of Title 44 of the Code of
Federal Regulations.
o A floodway as determined by
maps promulgated by the
Federal Emergency Management
Agency, unless the development
has received a no-rise
certification in accordance with
Section 60.3(d)(3) of Title 44 of
the Code of Federal Regulations.
o Lands identified for conservation
in an adopted natural community
conservation plan pursuant to
the Natural Community
Conservation Planning Act
(Chapter 10(commencing with
Section 2800) of Division 3 of the
Fish and Game Code), habitat
conservation plan pursuant to
the federal Endangered Species
Act of 1973 (16 U.S.C. Sec.1531
et seq.), or other adopted natural
resource protection plan.
o Habitat for protected species
identified as candidate, sensitive,
or species of special status by
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 52, Packet Page 226 ATTACHMENT 2
state or federal agencies, fully
protected species, or species
protected by the federal
Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species
Act (Chapter 1.5 (commencing
with Section 2050) of Division 3
of the Fish and Game Code), or
the Native Plant Protection Act
(Chapter 10 (commencing with
Section 1900) of Division 2 of the
Fish and Game Code).
o Lands under conservation
easement.
o A site that would require
demolition of housing that is:
 Subject to recorded
restrictions or law that
limits rent to levels
affordable to moderate,
low, or very-low income
households.
 Subject to rent control.
 Currently occupied by
tenants/was occupied by
tenants within the past
10 years.
o A site that previously contained
housing occupied by tenants that
was demolished within the past
10 years.
o A site that would require
demolition of an historic
structure that is on a local, state,
or federal register.
o A parcel of land or site governed
by the Mobile home Residency
Law, the Recreational Vehicle
Park Occupancy Law, the Mobile
home Parks Act, or the Special
Occupancy Parks Act.

9. SUBDIVISIONS.
 The project does not involve an
application to create separately
transferable parcels under the
Subdivision Map Act. However, a
Yes ___
No ___
Comments:

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 53, Packet Page 227 ATTACHMENT 2
subdivision is permitted if either of the
following apply:
o The project is financed with lowincome housing tax credits (LIHTC) and satisfies the
prevailing wage requirements
identified in item 10 of this
Eligibility Checklist.
o The project satisfies the
prevailing wage and skilled and
trained workforce requirements
identified in items 10 and 11 of
this Eligibility Checklist.

Sheet or document location where information
can be found:

10. PREVAILING WAGE.
 The project proponent must certify that
at least one of the following is true:
o The entirety of the project is a
public work as defined in
Government Code section
65913.4(8)(A)(i).
o The project is not in its entirety a
public work and all construction
workers employed in the
execution of the development
will be paid at least the general
prevailing rate of per diem wages
for the type of work and
geographic area.
o The project includes 10 or fewer
units AND is not a public work
AND does not require
subdivision.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

11. SKILLED AND TRAINED WORKFORCE.
 If the project consists of 50 or more units
that are not 100 percent subsidized
affordable housing, the project
proponent must certify that it will use a
skilled and trained workforce, as defined
in Government Code section
65913.4(8)(B)(ii).

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

Continue the application on the next page…
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 54, Packet Page 228 ATTACHMENT 2
C. Submittal Checklist
Updated DATE

PROJECT PLANS

1. General
 Electronic copy of plans in PDF form
 Title Block with applicant’s name, owner’s name, contact information, accurate date, and project address or APN
 Project Summary
o Lot Area
o Floor Area – Existing, proposed, and total. Measure to outside of exterior walls and count stairs twice. o Lot Coverage – Existing, proposed, and total o Floor Area Ratio (FAR) – Existing and proposed o Yard Setbacks – Existing and proposed
o Grading – Existing, proposed, and total o Building Heights – Existing and proposed o Impervious Surfaces Calculation (driveways, parking areas, walkways, or patios), including calculating total impervious surface area for the entire site in Project Data Sheet  Shade walls/areas to be added; use dashed lines to show walls/areas to be removed  Include a north arrow and legend on each plan sheet
 Use a minimum 1/8” = 1’ scale for Site Plan and 1/4” = 1’ scale for all others  Table of Tree Removal Schedule (include tree size, species, and health status). Indicate locations on site plan. 2. Site Plans – Existing and Proposed
 Property lines and required yard setbacks. Include dimensions of each.  Show the following site features and indicate their status (to be added, removed, relocated, or unchanged): o All existing structures (house, garage, shed, gazebo, hot tub, patio cover, trellis, etc.); o Impervious surfaces (driveways, parking areas, walkways, or patios), including calculating total impervious surface area for the entire site in Project Data Sheet; o Identify the location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way; o Adjacent off-site improvements (sidewalk, curb, gutter, or street trees); o All landscape areas, fences, retaining walls, and manufactured slopes; o On-site trees and large shrubs (over 6” in diameter as measured 4.5’ above the ground) and indicate their status (to be preserved, removed, or relocated). If property is vacant, show all trees over 2” in diameter as measured

4.5’ above the ground; o Existing and/or proposed floor elevation of the first floor and garage.  Illustrate all drainage across, into, and leaving the site. Include all applicable easements.  Illustrate all proposed grading, including cut/fill, etc.  Identify all proposed on-site and immediate off-site stormwater drainage facilities.  As applicable, submit Landscape Documentation Package to comply with Water Efficient Landscape Ordinance
 A Topographic Survey prepared by a licensed surveyor is required for all projects that involve new work within 3’ of a required front, rear, or side yard setback, or within 3’ of the maximum height. Include spot elevations at property corners, at building corners, and at driveway corners and include slope contours, as appropriate. Shade areas of slope greater than 15%. 3. Floor Plans – Existing and Proposed (1/4” scale preferred)  Rooms - label and identify each room.  Doors and windows – show operation and size.  Fixtures - all plumbing fixtures, appliances, ranges, water heaters, etc.  Show second-story outline on first story.  Show finish floor elevations at each floor level change. 4. Roof Plan  Show roof slope, overhangs, skylights, chimneys, etc.  Identify roof material.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 55, Packet Page 229 ATTACHMENT 2
Continue the application on the next page…
Updated DATE

1. Elevations – Existing and Proposed
 Show all exterior finish materials
 Identify roof slopes
 Doors and windows – show operation and size
 Show the following elevations:
 Finished grade at each corner,  Finish floor of first and second floor,  Plate height of first and second floor,  Rafter edge,  Midpoint of roof,  Ridge of roof

2. Stormwater Facilities – As applicable, new and redevelopment projects are required to demonstrate conformance with Post-Construction Storm Water Design Requirements (PCRs), and may include a requirement that property owners enter into a legal agreement or covenant with the City to provide verification of maintenance of any necessary stormwater facilities. The applicant may be required to submit a Storm Water Control Plan (SWCP) in support of the proposed project. Technical guidance, templates, and calculation information for design may be found online at http://montereysea.org/job-site/. For additional information and/or clarification, please contact the Engineering Division at (831) 646-3921. 3. Building Sections – a minimum of two are required for two-story additions

4. Engineer Verification Letter: If the project includes a new second or third-story over an existing one or two- story building and the plan does not include demolition of the existing building, please submit a signed letter from a licensed Civil or Structural Engineer that clearly states that the existing building is structurally sound enough to support the second story without demolition. 5. Materials – Include all exterior materials for siding, roof, windows, doors, railings, trim, etc. Call out all materials on the elevation and include samples or cut sheets for unique materials. 6. Paint – Include a paint card for each color. Indicate if addition(s) will match. If more than one base color and one trim color will be used, show paint scheme on elevation. 7. Details – Include details of unique rafter tails, moldings, trims, gutters, etc. 8. Landscape Plan – Show landscape areas for front yard only with fences, walls, etc. Include prominent trees, shrubs and general landscape materials.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 56, Packet Page 230 ATTACHMENT 2
D. Objective Design Standards
Is the project located in the Downtown Specific
Plan planning area?
Yes ___
No ___
If yes, please complete the Downtown Specific
Plan Objective Design Standards Checklist and
attach it to your application.

Is the project located in the Lighthouse Specific
Plan planning area?
Yes ___
No ___
If yes, please complete the Lighthouse Specific
Plan Objective Design Standards Checklist and
attach it to your application.

Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 57, Packet Page 231 Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 58, Packet Page 232 Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 59, Packet Page 233 ATTACHMENT 2
Senate Bill 35 Streamlined Review Application Checklist Effective January 1, 2018, and as later amended, SB 35 enacted Government Code Section 65913.4 to establish a streamlined, ministerial approval process for multifamily housing projects that include an affordable housing component and satisfy certain eligibility criteria.

Phone Number:

Eligibility Criteria Meets Criteria?

1. NOTIFICATION TO NATIVE AMERICAN TRIBES.

A notice of the intent to submit an
application for SB 35 approval (SB 35
Preliminary Application) was submitted
to the City and the City provided formal
notice to and requested consultation
Yes ___
No ___ If no, stop here. Application is ineligible
for SB 35 streamlined processing.

Comments:

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 60, Packet Page 234 ATTACHMENT 2
with California Native American tribes
(tribes) that are traditionally and
culturally affiliated with the geographic
area of the proposed development site.

Sheet or document location where information
can be found:

2. NUMBER AND TYPE OF UNITS.

The project must be a multifamily
housing development that contains at
least two residential units and comply
with the minimum and maximum
residential density range permitted for
the site, plus any applicable density
bonus.

Number of Units: ____
Size of parcel: ____
Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

3. AFFORDABILITY.

If more than 10 residential units are
proposed, at least 10 percent of the
project's total units must be dedicated as
affordable to households making below
80 percent of the area median income.

The project must also comply with
Monterey’s inclusionary ordinance
Yes ___
No ___
Comments:

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 61, Packet Page 235 ATTACHMENT 2
(Monterey City Code Chapter 8). If the
project will contain subsidized units, the
applicant has recorded or is required by
law to record, a land use restriction for
the following minimum durations, as
applicable:
o 55 years for rental units.
o 45 years for homeownership
units.
o Number of Affordable Units:
____ and Affordability Level(s):
____
Sheet or document location where information
can be found:

4. URBAN INFILL.

The project must be located on a legal
parcel or parcels within the incorporated
City limits. At least 75 percent of the
perimeter of the site must adjoin parcels
that are developed with urban uses1.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

5. ZONED OR PLANNED RESIDENTIAL USES.

The project must be located on a site that
is either zoned or has a General Plan
designation for residential or residential
mixed-use development, including sites
where residential uses are permitted as a
conditional use. If the multifamily
housing development is a mixed-use
development, at least two-thirds of the
project's square footage must be
designated for residential use.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

6. CONSISTENT WITH OBJECTIVE STANDARDS2.

The project must meet all objective
zoning and design review standards in
effect at the time the application is
submitted.
o If the project is consistent with
the minimum and maximum
density range allowed within the
General Plan land use
Yes ___
No ___
Comments:

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 62, Packet Page 236 ATTACHMENT 2
designation, it is deemed
consistent with housing density
standards.
o Any density bonus or any
concessions, incentives, or
waivers of development
standards or reduction of parking
standards requested under the
Density Bonus Law in
Government Code section 65915
are deemed consistent with
objective standards.
o Sources of objective standards
include, without limitation:

General Plan.

City of Monterey
Municipal Code.

Specific Plan (as
applicable).
o City of Monterey Design and
Construction Standards.

7. PARKING.

The project must provide at least one
parking space per unit, unless an
applicable objective standard requires
less than this number. However, no
parking is required if the project meets
any of the following criteria:
o The project is located within onehalf mile of public transit as defined by Section 102(t) of the
HCD Guidelines.
o The project is located within an
architecturally and historically
significant historic district.
o On-street parking permits are
required but not offered to the
occupants of the project.
o There is a car share vehicle as
defined by HCD Guidelines
Section 102(d) within one block
of the development. A block can
be up to 1,000 linear feet of
pedestrian travel along a public
street from the development.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

8. LOCATION. Yes ___
No ___
ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 63, Packet Page 237 ATTACHMENT 2
The project must be located on a
property that is outside each of the
following areas:
o Either prime farmland or
farmland of statewide
importance
o Wetlands, as defined in the
United States Fish and Wildlife
Service Manual, Part 660 FW 2
(June 21, 1993).
o A very high fire hazard severity
zone, as determined by the
Department of Forestry and Fire
Protection pursuant to Section
51178, or within a high or very
high fire hazard severity zone as
indicated on maps adopted by
the Department of Forestry and
Fire Protection pursuant to
Section 4202 of the Public
Resources Code. This does not
apply to sites excluded from the
specified hazard zones by the
City, pursuant to subdivision (b)
of Section 51179, or sites that
have adopted fire hazard
mitigation measures pursuant to
existing building standards or
state fire mitigation measures
applicable to the development.
o A hazardous waste site that is
listed pursuant to Section
65962.5 or a hazardous waste
site designated by the
Department of Toxic Substances
Control pursuant to
Section25356 of the Health and
Safety Code, unless the
Department of Toxic Substances
Control has cleared the site for
residential use or residential
mixed-uses.
o A delineated earthquake fault
zone as determined by the State
Geologist in any official maps
published by the State Geologist,
unless the development complies
with applicable seismic
Comments:

Sheet or document location where information
can be found:

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 64, Packet Page 238 ATTACHMENT 2
protection building code
standards adopted by the
California Building Standards
Commission under the California
Building Standards Law (Part

Subject to recorded
restrictions or law that
limits rent to levels
affordable to moderate,
low, or very-low income
households.

Subject to rent control.

Currently occupied by
tenants/was occupied by
tenants within the past
10 years.
o A site that previously contained
housing occupied by tenants that
was demolished within the past
10 years.
o A site that would require
demolition of an historic
structure that is on a local, state,
or federal register.
o A parcel of land or site governed
by the Mobile home Residency
Law, the Recreational Vehicle
Park Occupancy Law, the Mobile
home Parks Act, or the Special
Occupancy Parks Act.

9. SUBDIVISIONS.

The project does not involve an
application to create separately
transferable parcels under the
Subdivision Map Act. However, a
Yes ___
No ___
Comments:

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 66, Packet Page 240 ATTACHMENT 2
subdivision is permitted if either of the
following apply:
o The project is financed with lowincome housing tax credits (LIHTC) and satisfies the
prevailing wage requirements
identified in item 10 of this
Eligibility Checklist.
o The project satisfies the
prevailing wage and skilled and
trained workforce requirements
identified in items 10 and 11 of
this Eligibility Checklist.

Sheet or document location where information
can be found:

10. PREVAILING WAGE.

The project proponent must certify that
at least one of the following is true:
o The entirety of the project is a
public work as defined in
Government Code section
65913.4(8)(A)(i).
o The project is not in its entirety a
public work and all construction
workers employed in the
execution of the development
will be paid at least the general
prevailing rate of per diem wages
for the type of work and
geographic area.
o The project includes 10 or fewer
units AND is not a public work
AND does not require
subdivision.

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

11. SKILLED AND TRAINED WORKFORCE.

If the project consists of 50 or more units
that are not 100 percent subsidized
affordable housing, the project
proponent must certify that it will use a
skilled and trained workforce, as defined
in Government Code section
65913.4(8)(B)(ii).

Yes ___
No ___
Comments:

Sheet or document location where information
can be found:

Continue the application on the next page…
ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 67, Packet Page 241 ATTACHMENT 2
C. Submittal Checklist

PROJECT PLANS

1. General
Electronic copy of plans in PDF form
Title Block with applicant’s name, owner’s name, contact information, accurate date, and project address or APN
Project Summary
o Lot Area
o Floor Area – Existing, proposed, and total. Measure to outside of exterior walls and count stairs twice. o Lot Coverage – Existing, proposed, and total
o Floor Area Ratio (FAR) – Existing and proposed
o Yard Setbacks – Existing and proposed
o Grading – Existing, proposed, and total
o Building Heights – Existing and proposed
o Impervious Surfaces Calculation (driveways, parking areas, walkways, or patios), including calculating total impervious surface area for the entire site in Project Data Sheet Shade walls/areas to be added; use dashed lines to show walls/areas to be removed Include a north arrow and legend on each plan sheet
Use a minimum 1/8” = 1’ scale for Site Plan and 1/4” = 1’ scale for all others Table of Tree Removal Schedule (include tree size, species, and health status). Indicate locations on site plan.

2. Site Plans – Existing and Proposed
Property lines and required yard setbacks. Include dimensions of each.

Show the following site features and indicate their status (to be added, removed, relocated, or unchanged):
o All existing structures (house, garage, shed, gazebo, hot tub, patio cover, trellis, etc.); o Impervious surfaces (driveways, parking areas, walkways, or patios), including calculating total impervious surface area for the entire site in Project Data Sheet; o Identify the location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way;
o Adjacent off-site improvements (sidewalk, curb, gutter, or street trees); o All landscape areas, fences, retaining walls, and manufactured slopes; o On-site trees and large shrubs (over 6” in diameter as measured 4.5’ above the ground) and indicate their status (to be preserved, removed, or relocated). If property is vacant, show all trees over 2” in diameter as measured

4.5’ above the ground;
o Existing and/or proposed floor elevation of the first floor and garage.

Illustrate all drainage across, into, and leaving the site. Include all applicable easements.

Illustrate all proposed grading, including cut/fill, etc.

Identify all proposed on-site and immediate off-site stormwater drainage facilities.

As applicable, submit Landscape Documentation Package to comply with Water Efficient Landscape Ordinance
A Topographic Survey prepared by a licensed surveyor is required for all projects that involve new work within 3’ of a required front, rear, or side yard setback, or within 3’ of the maximum height. Include spot elevations at property corners, at building corners, and at driveway corners and include slope contours, as appropriate. Shade areas of slope greater than 15%.

3. Floor Plans – Existing and Proposed (1/4” scale preferred) Rooms - label and identify each room.

Doors and windows – show operation and size.

Fixtures - all plumbing fixtures, appliances, ranges, water heaters, etc.

Show second-story outline on first story.

Show finish floor elevations at each floor level change.

4. Roof Plan
Show roof slope, overhangs, skylights, chimneys, etc.

Identify roof material.

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 68, Packet Page 242 ATTACHMENT 2
Continue the application on the next page…

1. Elevations – Existing and Proposed
Show all exterior finish materials
Identify roof slopes
Doors and windows – show operation and size
Show the following elevations:

Finished grade at each corner,
Finish floor of first and second floor,
Plate height of first and second floor,
Rafter edge,
Midpoint of roof,
Ridge of roof

For additional information and/or clarification, please contact the Engineering Division at (831) 646-3921.

3. Building Sections – a minimum of two are required for two-story additions

4. Engineer Verification Letter: If the project includes a new second or third-story over an existing one or twostory building and the plan does not include demolition of the existing building, please submit a signed letter from a licensed Civil or Structural Engineer that clearly states that the existing building is structurally sound enough to support the second story without demolition.

5. Materials – Include all exterior materials for siding, roof, windows, doors, railings, trim, etc. Call out all materials on the elevation and include samples or cut sheets for unique materials.

6. Paint – Include a paint card for each color. Indicate if addition(s) will match. If more than one base color and one trim color will be used, show paint scheme on elevation.

7. Details – Include details of unique rafter tails, moldings, trims, gutters, etc.

8. Landscape Plan – Show landscape areas for front yard only with fences, walls, etc. Include prominent trees, shrubs and general landscape materials.

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 69, Packet Page 243 ATTACHMENT 2
D. Objective Design Standards
Is the project located in the Downtown Specific
Plan planning area?
Yes ___
No ___
If yes, please complete the Downtown Specific
Plan Objective Design Standards Checklist and
attach it to your application.

ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 70, Packet Page 244 ATTACHMENT 3
Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 71, Packet Page 245 Council Regular Meeting, 7/18/2023, Item No. 16., Item Page 72, Packet Page 246 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant I
SUBJECT: Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the Council adopt the attached resolution confirming the area to be assessed for the Alvarado Street Maintenance District 85-1; confirm the assessments set out in the attached Engineer’s Report; and order the same to be filed with the Monterey County Auditor-Controller’s Office.

VALUE DRIVERS:

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. 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:

This action continues a process the City has followed since 1985 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the districts established to repair and maintain improvements.

This action supports the Council’s value drivers of “working to improve the quality of life of our residents,” and “ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Alvarado Street at a high standard conducive to commerce and public enjoyment of the downtown area.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

FISCAL IMPLICATIONS:

The Alvarado Street Maintenance District funds maintenance above and beyond normal maintenance activities, with the cost of the improvements reasonably apportioned among the Commented [MB1]: This is the public hearing, we don't
need to reference it in the report
Date: 7/18/2023
Item No.: 17.

Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 1, Packet Page 247 benefitted parcels. There is sufficient surplus in the Maintenance District’s ending balance to carry forward a credit into the FY23/24 budget. A credit of $1,844.00 from the previous year balance will be applied to the FY 23/24 budget and as a result the assessment levy will be $1.57/linear foot/month.

Fees collected under this process must be for services that are over and above fees attributed to the general public. Prior to the establishment of the district, the City performed services and provided enhanced facilities in the Alvarado Street assessment area. The City established this cost and continues to pay for its "base year" maintenance costs escalated by the Consumer Price Index each year. For next fiscal year, the City’s "base year" portion will amount to $61,042.15. In addition to the base year costs, the City will be responsible for paying for the assessments for the City owned parcels within the district.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could decide not to proceed with the re-establishment of this district. However, the assessment pays for maintenance of improvements that add to the character of the downtown area and support commerce.

DISCUSSION:

The Alvarado Street Maintenance District 85-1 was formed on April 11, 1985 pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code section 22500 et seq.). The purpose of the District is to make minor improvements along the length of Alvarado Street identified in the report. All parcels that receive a special benefit have been identified and included in the report.

The staff recommendation continues a legal process, which began at the Council's meeting on February 7, 2023 when the Council ordered the preparation of the Engineer's Report to establish the annual assessment for the maintenance of Alvarado Street improvements. At the Council’s meeting on May 16, 2023, Council received the Engineer’s Report; adopted a resolution of intention to levy assessment; and set the time for public hearing. At the public hearing today, the Council is asked to adopt a resolution confirming the assessment and the district boundaries and ordering the same be filed with the County Auditor-Controller’s Office prior to the August 1, 2023 deadline set by the County Auditor.

Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 2, Packet Page 248 Staff met with the Assessment District Coordinator on March 24th, 2023. At the meeting, staff presented the following recommendations:

Current Assessment District Services:
 Provides current level of service for sidewalk cleaning of (635 hours/year, or 12.2 hours/week).
 Includes charging City administrative cost for the assessment district.  Maintains current contractual and capital outlay items.  Includes grounds maintenance, sidewalk cleanings, Assessment District Coordinator, plant material and pots, tree light maintenance and energy, and minor painting (of benches, pots, light poles).

Members of the District recommended continuing the current level of service.

The assessment to be levied, based on the Engineer’s report, is proposed to be $1.57/linear foot/month. To meet noticing requirements, a legal notice and ballot was mailed to each property owner 45 days prior to today’s meeting. At the public hearing, if a majority protest is not received, Council is asked to adopt a resolution certifying compliance with state law concerning the assessment and ordering that it be filed with the County Auditor-Controller's office prior to the County’s August 1, 2023 deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. In other words, ballots received are weighted so that parcels proposed to have a larger assessment count more. It is not a “one parcel, one vote” proceeding. Unless a majority of the weighted ballots are in favor of the proposed assessment, the City may not impose the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the change submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

All interested persons shall be afforded the opportunity to be heard. The City Council shall consider all oral statements and all written protest made by any interested person. Protest must be in writing.

Therefore, Staff recommends that the Council adopt the attached resolution confirming the area to be assessed for the Alvarado Street Maintenance District 85-1; confirm the assessments set out in the attached Engineer’s Report; and order the same to be filed with the Monterey County Auditor-Controller’s Office.

AR/ch/mb
Attachments: 1. Resolution with Exhibit A - Engineer’s Report e: Peter Cofresi, Executive Director, Old Monterey Business Association 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, 7/18/2023, Item No. 17., Item Page 3, Packet Page 249 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
CONFIRMING ALVARADO STREET MAINTENANCE DISTRICT 85-1 AREA AND ASSESSMENT PROPOSED IN ENGINEER’S REPORT FOR FISCAL YEAR 2023/2024 WHEREAS, the Alvarado Street Maintenance District was established in 1985 to maintain and fund beneficial improvements on Alvarado Street; WHEREAS, the cost of improvements has been reasonably apportioned among the benefitted parcels according to the special benefits;
WHEREAS, the Alvarado Street Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, the Alvarado Street Maintenance District funds contribute to a clean and safe environment conducive to commerce;
WHEREAS, a credit from the previous year ending balance will be applied to this year’s assessment, which results in an assessment rate of $1.57. The total cost to the assessed is $51,229.13;
WHEREAS, a duly noticed hearing was held on July 18, 2023 to consider the assessments for the Alvarado Street Maintenance District No. 85-1 as set forth in the Engineer's Report (Exhibit A) accepted and filed pursuant to Resolution No. 23-053; WHEREAS, evidence was received and considered concerning the diagram and the levy of said assessments;
WHEREAS, the evidence shows that the assessment imposed on each parcel does not exceed the cost of the special benefit conferred on the parcel. The properties subject to the assessment receive a special benefit over and above the benefits conferred on the public at large, and that the amount of any assessment is proportion to, and no greater than, the benefits conferred on the property or properties in question; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 4, Packet Page 250 2 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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 there was not a majority protest, and the diagram and assessments set forth in said Engineer's Report are hereby confirmed and the Clerk is ordered to file a copy of said diagram and assessments as amended with the County Auditor-Controller.

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, 7/18/2023, Item No. 17., Item Page 5, Packet Page 251 1 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
PROPOSED ASSESSMENT FOR FY 2023/2024
(Pursuant to the Landscaping and Lighting Act of 1972)
Andrea Renny, P.E., PTOE, Public Works Director, Engineer of Work for the Alvarado Street Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance activities of: sidewalk cleaning, litter pickup, landscaping, and street lighting facilities installed pursuant to the Alvarado Street Improvement Assessment District.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART D - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Part C by assessment number.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Andrea Renny, P.E., PTOE
Engineer of Work

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 6, Packet Page 252 2 ENGINEER'S REPORT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

Dated: _________________ Andrea Renny, Public Works Director City of Monterey, Engineer of Work
By:_______________________________
I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of ___________, 2023.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Monterey, California on the ______ day of _____________, 2023.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2023.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 7, Packet Page 253 ALVARADO STREET MAINTENANCE DISTRICT 85-1
Estimated Costs for FY 2023/2024
5/2/23

ACCOUNT ENGINEER'S BUDGET
Personnel
Wages $21,578.40
Benefits $10,984.35
Retirement $10,388.62
SUB TOTAL $42,951.37
Operating supplies 4205 $2,722.00
Utilities 4211 $0.00
Contractual services 4220 $57,884.00
Street lighting 4236 $3,466.00
Vehicle rental 4621 $966.00
SUB TOTAL $65,038.00
Capital outlay-Special Projects 4285 $6,125.91
SUB TOTAL $6,125.91
TOTAL $114,115.28
Reduction of Total Cost by City Share ** (61,042.15)
June 30, 2022 District Surplus Credit per S&H Code 22656 (1,844.00) $51,229.13
$1.57
Total LF of Frontage = 2713.35 LF
Contractual 4220 $6,250.00
$29,200.00
$3,600.00
$3,000.00
Tree trimming $900.00
City administrative cost $14,934.00
TOTAL $57,884.00
$3,400.00
$1,100.00
$500.00
Other District improvements $1,125.91
TOTAL $6,125.91
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
Sign repair
** City share for FY 20/21*CPI: $ 56,520.51*(1.08) = $ 61,042.15 CPI = 8% DEC 2022
Painting benches, pots, light
poles
Grounds maintenance
Sidewalk cleaning (16)
Assessment Dist. Coordinator
Capital Outlay - Special Projects Tree lights maintenance Landscape enhancements
PART A
Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 8, Packet Page 254 Assessment
Number Assessor Parcel Number Alvarado St. Frontage (ft) Percentage of Total
Alvarado St. Frontage Annual Assessment
1 001-572-019 123.83 4.56% $2,337.96
2 001-572-003 53.28 1.96% $1,005.95
3 001-572-004 111.24 4.10% $2,100.26
4 001-572-030 19.95 0.74% $376.66
5 001-572-029 52.75 1.94% $995.94
6 001-572-028 53.94 1.99% $1,018.41
7 001-572-009 52 1.92% $981.78
8 001-572-010 52.05 1.92% $982.72
9 001-572-020 25.26 0.93% $476.92
10 001-572-021 43.57 1.61% $822.62
11 001-572-013 67.5 2.49% $1,274.43
12 001-572-022 33.72 1.24% $636.65
13 001-572-025 92.8 3.42% $1,752.10
14 001-572-017 20 0.74% $377.61
15 001-385-005 31 1.14% $585.29
16 001-385-002 106.48 3.92% $2,010.38
17 001-385-001 101.72 3.75% $1,920.51
18 001-567-019 269.2 9.92% $5,082.60
19 001-567-014 380.49 14.02% $7,183.80
20 001-386-001 194.01 7.15% $3,662.99
21 001-386-002 40 1.47% $755.22
22 001-386-003 50 1.84% $944.02
23 001-388-001 70.5 2.60% $1,331.07
24 001-573-015 27.15 1.00% $512.60
25 001-573-006 86.98 3.21% $1,642.22
26 001-573-005 50 1.84% $944.02
27 001-573-003 21 0.77% $396.49
28 001-573-002 23.25 0.86% $438.97
29 001-573-012 36.25 1.34% $684.41
30 001-574-011 30 1.11% $566.41
31 001-574-028 82.6 3.04% $1,559.52
32 001-574-029 115.94 4.27% $2,188.99
33 001-574-026 34.99 1.29% $660.63
34 001-574-005 30 1.11% $566.41
35 001-574-004 19.92 0.73% $376.10
36 001-574-016 49.04 1.81% $925.89
37 001-574-012 60.94 2.25% $1,150.57
Totals 2713.35 100.00% $51,229.13
FY 23/24 Assessment will be $1.57/LF/month
ALVARADO STREET MAINTENANCE DISTRICT 85-1
Annual Assessment for FY 2023/2024
Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 9, Packet Page 255 PART B PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
ALVARADO STREET MAINTENANCE DISTRICT 85-1
FISCAL YEAR 2023/2024
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Alvarado Street and Alvarado Mall.

The cost per lineal foot of frontage for the FY 2023/2024 is $1.57 per month.

Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 10, Packet Page 256 # APN PARCEL ADDRESS OWNER NAME
1 001-572-019 486 Alvarado Street Chyr Robert Y TR 3436 Peachwillow Lane Walnut Creek, CA 94598 2 001-572-003 482 Alvarado Street Songs Dental Studio INC 499 Calle Principal, Suite 4 Monterey, CA 93940 3 001-572-004 464 Alvarado Street Tyler Taren TR ET AL 3987 Missouri Flat Road Placerville, CA 95667 4 001-572-030 462 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 5 001-572-029 458 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 6 001-572-028 452 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 7 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Ave, Suite 109 Monterey, CA 93940 8 001-572-010 434 Alvarado Street Teaby John E & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 9 001-572-020 432 Alvarado Street Silacci Family Investment LLC 110 John Street Salinas, CA 93901 10 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 11 001-572-013 416 Alvarado Street Horvath Liza D TR & JMDJ CO 165 West Franklin Street Monterey, CA 93940 12 001-572-022 414 Alvarado Street Sanchez Adobe LLC 39 Wharf No 1 Monterey, CA 93940 13 001-572-025 406 Alvarado Street PRI LLC 2905 Burton Drive Cambria, CA 93428 14 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 15 001-385-005 398 Alvarado Street Ordway Buildings LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 16 001-385-002 351 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 17 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 18 001-567-019 2 Portola Plaza Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 19 001-567-014 201 Alvarado Street Custom House Hotel Co LTD 2 Portola Plaza Monterey, CA 93940 20 001-386-001 301 Alvarado Street Paseo De Alvarado Associates PO Box 2350 Monterey, CA 93942 21 001-386-002 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 22 001-386-003 399 Alvarado Street WFC Holdings Corporation PO Box 2609 Carlsbad, CA 92018 23 001-388-001 401 Alvarado Street 401 Alvarado LLC 101 Laurel Street San Franciso, CA 94118 24 001-573-015 409 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 25 001-573-006 417 Alvarado Street Monterey Historical Development LLC 417 Alvarado Street Monterey, CA 93940 26 001-573-005 423 Alvarado Street Lou Sim & Chhor Manhao ET AL 25459 Carmel Knolls Drive Carmel, CA 93921 27 001-573-003 429 Alvarado Street Davi Anthony G TR PO Box 2350 Monterey, CA 93940 28 001-573-002 435 Alvarado Street Beck Stuart B & Ivancko D TRS PO Box 87 Monterey, CA 93942 29 001-573-012 439 Alvarado Street Davi Real Estate LLC PO Box 2350 Monterey, CA 93940 30 001-574-011 447 Bonifacio Place Old Capitol Land Company PO Box 107 Monterey, CA 93940 31 001-574-028 449 Alvarado Street NTMA 16 LP 2 Dorey Way Monterey, CA 93940 32 001-574-029 459 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 33 001-574-026 475 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 34 001-574-005 479 Alvarado Street Saucito Land Company PO Box 87 Monterey, CA 93942 35 001-574-004 481 Alvarado Street Romeka Christina M TR ET AL PO Box 3311 Monterey, CA 93942 36 001-574-016 487 Alvarado Street Churchill Monica M TR 124 Soledad Drive Monterey, CA 93940 37 001-574-012 499 Alvarado Street ACV Associates 53 Skyline Crest Monterey, CA 93940

MAILING ADDRESS
ALVARADO MAINTENANCE DISTRICT 85-1
PART D
2023
Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 11, Packet Page 257 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 ALVARADO STREET PART E MAINTENANCE ASSESSMENT DISTRICT 85-1 ASSESSMENT DISTRICT 85-1 - PART E - ALVARADO ST - C1 SWJFG JFG C-1 APR 2, 2020 NOT TO SCALE 26 25 24 23 22 21 20 19 27 28 33 32 31 30 29 34 35 37 36 13 14 15 16 17 18 12 10 11 9 1 2 3 4 5 6 7 8CALLE PRINCIPAL ALVARADO STREET TYLER STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE PEARL STREET
PACIFIC STREET ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-572-019 123.83 2 001-572-003 53.28 3 001-572-004 111.24 4 001-572-030 19.95 5 001-572-029 52.75 6 001-572-028 53.94 7 001-572-009 52.0 8 001-572-010 52.05 9 001-572-020 25.26 10 001-572-021 43.57 11 001-572-013 67.5 12 001-572-022 33.72 13 001-572-025 92.8 14 001-572-017 20 15 001-385-005 31 16 001-385-002 106.48 17 001-385-001 101.72 18 001-567-019 269.20 19 001-567-014 380.49 20 001-386-001 194.01 21 001-386-002 40 22 001-386-003 50 23 001-388-001 70.5 24 001-573-015 27.15 25 001-573-006 86.98 26 001-573-005 50 27 001-573-003 21 28 001-573-002 23.25 29 001-573-012 36.25 30 001-574-011 30 31 001-574-028 82.6 32 001-574-029 115.94 33 001-574-026 34.99 34 001-574-005 30 35 001-574-004 19.92 36 001-574-016 49.04 37 001-574-012 60.94 LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER PART E Council Regular Meeting, 7/18/2023, Item No. 17., Item Page 12, Packet Page 258 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant I
SUBJECT: Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the Council adopt the attached resolution confirming the area to be assessed for the Calle Principal Maintenance District 00-1; confirm the assessments set out in the attached Engineer’s Report; and order the same to be filed with the Monterey County Auditor-Controller’s Office.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action continues a process the City has followed since 2000 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the districts established to repair and maintain improvements.

This action supports the Council’s value drivers of “Working to improve the quality of life of our residents” and “Ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Calle Principal at a high standard conducive to commerce and public enjoyment of the downtown area.

This is a property-based district in which liability for the assessment is premised upon a person’s property ownership.

FISCAL IMPLICATIONS:

The Calle Principal Street Maintenance District funds maintenance above and beyond normal maintenance activities, with the cost of the improvements reasonably apportioned among the benefitted parcels. General benefits to the public at large are not paid from special Date: 7/18/2023
Item No.: 18.

Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 1, Packet Page 259 assessments. There is a sufficient surplus in the Maintenance District’s ending balance to carry forward a credit into the FY23/24 budget. A credit of $28,678.00 from the previous year’s balance will be applied to the FY 23/24 budget, and as a result, the assessment levy will be $0.11/linear foot/month. The City of Monterey will be responsible for paying for the assessments for the City-owned parcels within the district. Funds for this will come from:
 The Parking Fund for the Calle Principal garage and surface lot;  The General Fund for the park parcel frontage; and
 The City-owned portion of the assessment for 408 Alvarado Street (Monterey Hotel).

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

The City Council could decide not to proceed with the reassessment of this District. However, the assessment pays for maintenance of improvements that add to the character of the downtown area and support commerce.

DISCUSSION:

The Calle Principal Maintenance District 00-1 was established under the 1972 Landscape and Lighting Act (Streets and Highways Code section 22500 et seq.). The purpose of this district is to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal, along the entire length of Calle Principal. All parcels that receive a special benefit have been identified and included in the report.

Staff met with the Assessment District Coordinator on March 24th, 2023. At the meeting, staff presented the following recommendations:

Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 2, Packet Page 260 Current Assessment Services:
 Provides current level of service for sidewalk cleaning of (quarterly).  Includes charging City administrative cost for the assessment district.  Contractual costs include sidewalk cleaning, City administrative cost, and Assessment District Coordinator.

Members of the assessment district recommended continuing the current level of service.

The assessment to be levied, based on the Engineer’s report, is proposed to be $0.11/linear foot/month. To meet noticing requirements, a legal notice and ballot was mailed to each property owner 45 days prior to today’s meeting. At the public hearing, if a majority protest is not received, Council is asked to adopt a resolution certifying compliance with state law concerning the assessment and ordering that it be filed with the County Auditor's office prior to the County’s August 1, 2023 deadline. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. In other words, ballots received are weighted so that parcels proposed to have a larger assessment count more. It is not a “one parcel, one vote” proceeding. Unless a majority of the weighted ballots are in favor of the proposed assessment, the City may not impose the assessment. A majority protest exists if 50% plus one of the record owners of the parcels subject to the change submit a timely written protest. To be timely, the written protest must be submitted prior to the conclusion of the public hearing.

All interested persons shall be afforded the opportunity to be heard. The City Council shall consider all oral statements and all written protests made by any interested person. The protest must be in writing.

Therefore, Staff recommends that the Council adopt the attached resolution confirming the area to be assessed for the Calle Principal Maintenance District 00-1; confirm the assessments set out in the attached Engineer’s Report; and order the same to be filed with the Monterey County Auditor-Controller’s Office
AR/ch/mb
Attachments: 1. Resolution with Exhibit A - Engineer’s Report e: Peter Cofresi, Executive Director, Old Monterey Business Association 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, 7/18/2023, Item No. 18., Item Page 3, Packet Page 261 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
CONFIRMING CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1 AREA AND ASSESSMENT PROPOSED IN ENGINEER’S REPORT FOR FISCAL YEAR 2023/2024 WHEREAS, the Calle Principal Maintenance District was established in 2000 to maintain improvements and fund beneficial improvements on Calle Principal; WHEREAS, the Calle Principal Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, the Calle Principal Maintenance District funds maintenance which contributes to a clean and safe environment conducive to commerce; WHEREAS, a credit from the previous year ending balance will be applied to this year’s assessment, which results in an assessment rate of $0.11/linear foot/month; WHEREAS, a duly noticed hearing was held on July 18, 2023 to consider the assessments for the Calle Principal Maintenance District No. 00-1 as set forth in the Engineer's Report accepted and filed pursuant to Resolution No. 23-052; WHEREAS, evidence was received and considered concerning the diagram and the levy of said assessments;
WHEREAS, the evidence showed that the assessment imposed on each parcel did not exceed the cost of the special benefit conferred on the parcel. The properties in this district receive a special benefit over and above the benefits conferred on the public at large; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that a majority protest has not been received, and the diagram and Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 4, Packet Page 262 2 assessments set forth in said Engineer's Report are hereby confirmed and the Clerk is ordered to file a copy of said diagram and assessments as amended with the County Auditor.

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, 7/18/2023, Item No. 18., Item Page 5, Packet Page 263 1 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
PROPOSED ASSESSMENT FOR FY 2023/2024
(Pursuant to the Landscaping and Lighting Act of 1972)
Andrea Renny, P.E., PTOE, Public Works Director, Engineer of Work for the Calle Principal Maintenance District, City of Monterey, Monterey County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements, which are the subject of this report are briefly described as follows:

The maintenance and installation, including but not limited to, street improvements, landscaping and street furniture, cleaning of sidewalks, upgrading street trees, and litter pickup on Calle Principal between Del Monte Avenue and Polk Street, and side streets of Franklin Street and Bonifacio Plaza.

This report consists of five parts as follows:

PART A - An estimate of the cost of the improvements.

PART B - An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART C - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

PART E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part B by assessment number.

Respectfully submitted,
Andrea Renny , P.E., PTOE
Engineer of Work

EXHIBIT A
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 6, Packet Page 264 2 ENGINEER'S REPORT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Monterey on the ________ day of ____________, 2023.

CLEMENTINE BONNER KLEIN, City Clerk
City of Monterey, Monterey County, California
By:___________________________
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 7, Packet Page 265 CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
Estimated Costs for FY 2023/2024
5/2/23

ACCOUNT ENGINEER'S BUDGET
Personnel
Salaries $7,192.80
Benefits $3,631.45
Retirement $4,005.44
SUB TOTAL $14,829.69
Operating supplies 4205 $425.00
Utilities 4211 $0.00
Contractual services 4220 $16,536.00
Vehicle rental 4248 $405.00
SUB TOTAL $17,366.00
Capital outlay-Special Projects 4285 $195.00
SUB TOTAL $195.00
Assessment cost TOTAL $32,390.69
June 30, 2022 District Surplus Credit per S&H Code 22656 (28,678.00) $3,712.69
$0.11
Total Lineal Feet (LF) of Frontage = 2842.68 LF
Contractual 4220 $250.00
$4,800.00
$1,200.00
$10,286.00
SUB TOTAL $16,536.00
Capital Outlay / Special Project 4285 $195.00
SUB TOTAL $195.00
Grounds maintenance
Basic Assessment District Cost: Provides current level of service for sidewalk cleaning and grounds maintenance, and allows the ability to pursue additional Capital Outlay.

Net amount to be assessed
Cost per LF/month
Sidewalk cleaning (4)
Assessment Dist Coordinator
City administrative cost
Other District improvements
PART A
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 8, Packet Page 266 Assessment
Number Assessor Parcel Number
Calle Principal Frontage
(ft)
Percentage of Total
Calle Principal Frontage Annual Assessment
1 001-525-009 23 0.81% $30.04
2 001-525-006 40 1.41% $52.24
3 001-525-005 60 2.11% $78.36
4 001-525-022 53.3 1.87% $69.61
5 001-525-021 86.5 3.04% $112.97
6 001-525-003 42 1.48% $54.85
7 001-525-002 59 2.08% $77.06
8 001-525-020 146.1 5.14% $190.81
9 001-534-010 40.78 1.43% $53.26
10 001-534-009 85 2.99% $111.01
11 001-534-008 69.77 2.45% $91.12
12 001-534-007 69.77 2.45% $91.12
13 001-534-011 176.66 6.21% $230.73
14 001-535-001 60 2.11% $78.36
15 001-534-001 35 1.23% $45.71
16 001-534-003 50 1.76% $65.30
17 001-534-002 71.8 2.53% $93.77
18 001-384-003 303.7 10.68% $396.65
19 001-385-001 102.01 3.59% $133.23
20 001-385-002 138.47 4.87% $180.85
21 001-385-004 20.23 0.71% $26.42
22 001-385-0005 45 1.58% $58.77
23 001-572-017 20.31 0.71% $26.53
24 001-572-025 124.86 4.39% $163.07
25 001-572-013 69.16 2.43% $90.33
26 001-572-021 22.17 0.78% $28.96
27 001-572-020 35.58 1.25% $46.47
28 001-572-010 51 1.79% $66.61
29 001-572-009 50.99 1.79% $66.60
30 001-572-032 5.02 0.18% $6.56
31 001-572-031 122.56 4.31% $160.07
32 001-572-004 104.24 3.67% $136.14
33 001-572-003 61.75 2.17% $80.65
34 001-572-018 124.5 4.38% $162.60
35 001-571-004 32 1.13% $41.79
36 001-571-002 170.52 6.00% $222.71
37 001-571-001 69.93 2.46% $91.33
Totals 2842.68 100.00% $3,712.69
FY 23/24 Assessment will be $0.11/LF/month

CALLE PRINCIPAL MAINTENANCE DISTRICT
00-1 Annual Assessment for FY 2023/2024
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 9, Packet Page 267 PART B PART C

METHOD OF ALLOCATING COSTS ON THE BASIS OF BENEFIT
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
FISCAL YEAR 2023/2024
The method utilized to allocate the costs associated with the benefits of the district shall be based upon lineal footage of frontage. The total cost necessary to be collected will be divided by the total frontage of the district. This will result in a cost per lineal foot. This amount will be multiplied by the lineal footage of each property frontage on Calle Principal.

The cost per lineal foot of frontage for the FY 2023/2024 is $0.11 per month.

Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 10, Packet Page 268 # APN PARCEL ADDRESS OWNER NAME
1 001-525-009 232 Madison Street Panetta Joseph R 4028 Sunset Lane Pebble Beach, CA 93953 2 001-525-006 590 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 3 001-525-005 580 Calle Principal Raven Path LLC PO Box 6 Pebble Beach, CA 93950 4 001-525-022 559 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 5 001-525-021 559 Calle Principal Monterey Museum of Art PO Box 1551 Monterey, CA 93942 6 001-525-003 540 Calle Principal The House of the Four Winds Foundation PO Box 1408 Monterey, CA 93942 7 001-525-002 535 Pacific Street Monterey Masonic Temple Corporation 525 Pacific Street Monterey, CA 93940 8 001-525-020 464 Calle Principal State of California 2211 Garden Road Monterey, CA 93940 9 001-534-010 499 Pacific Street Rossman James M & Giovanna C TRS 700 Briggs 27 Pacific Grove, CA 93950 10 001-534-009 490 Calle Principal Hugo H & Linda TRS 583 Viejo Road Carmel, CA 93923 11 001-534-008 480 Calle Principal Hugo H & Linda TRS 583 Viejo Road Carmel, CA 93923 12 001-534-007 468 Calle Principal Craft Charles Nicholas TR ET AL PO Box 167 Carmel Valley, CA 93924 13 001-534-011 438 Calle Principal City of Monterey 580 Pacific Street Monterey, CA 93940 14 001-535-001 426 Calle Principal Casa De Calle Principal INC ET AL 426 Calle Principal, Suite 203 Monterey, CA 93940 15 001-534-001 410 Calle Principal Middlebury Institute of International Studies 460 Pierce Street Monterey, CA 93940 16 001-534-003 414 Calle Principal Professional Building of Monterey PO Box 3080 Monterey, CA 93942 17 001-534-002 201 West Franklin Street Professional Building of Monterey PO Box 3080 Monterey, CA 93942 18 001-384-003 350 Calle Principal San Carlos Associates LLC 1111 Third Avenue, Suite 3030 Seattle, WA 98101 19 001-385-001 316 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 20 001-385-002 351 Calle Principal Redevelopment Agency of Monterey City Hall, Room 4 Monterey, CA 93940 21 001-385-004 351 Calle Principal The City of Monterey 735 Pacific Street Monterey, CA 93940 22 001-385-0005 398 Alvarado Street Ordway Building LLC 888 Munras Avenue, Suite 200 Monterey, CA 93940 23 001-572-017 400 Alvarado Street JMDJ Company 165 West Franklin Street Monterey, CA 93940 24 001-572-025 417 Calle Principal PRI LLC 2905 Burton Drive Cambria, CA 93428 25 001-572-013 416 Alvarado Street Horvath Liza D TR & JMDJ CO 165 West Franklin Street Monterey, CA 93940 26 001-572-021 426 Alvarado Street FRE 553 LLC PO Box 5903 Carmel, CA 93921 27 001-572-020 432 Alvarado Street Silacci Family Investments LLC 110 John Street Salinas, CA 93901 28 001-572-010 434 Alvarado Street Teaby John E & Moraz Andrea TRS 57 Castro Road Monterey, CA 93940 29 001-572-009 440 Alvarado Street Bonifacio Plaza Associates 801 Lighthouse Avenue, Suite 109 Monterey, CA 93940 30 001-572-032 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 31 001-572-031 449 Calle Principal Davi Anthony G TR PO Box 2350 Monterey, CA 93940 32 001-572-004 464 Alvarado Street Tylaer Taren TR ET AL 3987 Missouri Flat Road, STE 340-324 Placerville, CA 95667 33 001-572-003 482 Alvarado Street Songs Dental Studio Inc 499 Calle Principal, Suite 4 Monterey, CA 93940 34 001-572-018 Calle Principal (Parking) City of Monterey 580 Pacific Street Monterey, CA 93940 35 001-571-004 Calle Principal (Parking) City of Monterey 580 Pacific Street Monterey, CA 93940 36 001-571-002 516 Polk Street Casa Amesti Foundation 516 Polk Street Monterey, CA 93940 37 001-571-001 565 Calle Principal Callahan Wesley N TR ET AL 575 Calle Principal Monterey, CA 93940

MAILING ADDRESS
CALLE PRINCIPAL MAINTENANCE DISTRICT 00-1
PART D
2023
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 11, Packet Page 269 ASSESSMENT DISTRICTS MAP.DWG SCALE: DEPARTMENT OF PLANS AND PUBLIC WORKS CITY OF MONTEREY NO. DATE REVISION DATE: SHEET: DESIGNED BY: DRAWN BY: CHECKED BY: CAD DWG NAME: TEL: 831.646.3921 WEBSITE: WWW.MONTEREY.ORG 580 PACIFIC STREET, MONTEREY, CA 93940 SHEET 1 OF 1 CALLE PRINCIPAL PART E MAINTENANCE ASSESSMENT DISTRICT 00-1 ASSESSMENT DISTRICT 00-1 - PART E - CALLE P - C1 SWJFG JFG C-1 APR 19, 2016 NOT TO SCALE 18 19 20 21 22 23 24 25 27 26 28 29 31 30 32 33 34 35 36 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 CALLE PRINCIPAL ALVARADO STREET

BONIFACIO PLACE

FRANKLIN STREET

DEL MONTE AVENUE

PEARL STREET
PACIFIC STREET LEGEND ASSESSMENT DISTRICT BOUNDARY PROPERTY BOUNDARY # ASSESSMENT NUMBER ASSESSMENT NUMBER ASSESSOR PARCEL NUMBER FRONTAGE (FT) 1 001-525-009 23 2 001-525-006 40 3 001-525-005 60 4 001-525-022 53.3 5 001-525-021 86.5 6 001-525-003 42 7 001-525-002 59 8 001-525-020 146.1 9 001-534-010 40.78 10 001-534-009 85.0 11 001-534-008 69.77 12 001-534-007 69.77 13 001-534-011 176.66 14 001-535-001 60 15 001-534-001 35 16 001-534-003 50 17 001-534-002 71.8 18 001-384-003 303.7 19 001-385-001 102.01 20 001-385-002 138.47 21 001-385-004 20.23 22 001-385-005 45 23 001-572-017 20.31 24 001-572-025 124.86 25 001-572-013 69.16 26 001-572-021 22.17 27 001-572-020 35.58 28 001-572-010 51 29 001-572-009 50.99 30 001-572-032 5.02 31 001-572-031 122.56 32 001-572-004 104.24 33 001-572-003 61.75 34 001-572-018 124.5 35 001-571-004 32.0 36 001-571-002 170.52 37 001-571-001 69.93

JEFFERSON STREET
POLK STREET 37

MADISON STREET
PART E
Council Regular Meeting, 7/18/2023, Item No. 18., Item Page 12, Packet Page 270 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Adopt Resolution Adopting the Lead Me Home 5-Year Plan Update by The Coalition of Homeless Service Providers (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution adopting the Lead Me Home 5-Year Plan Update by The Coalition of Homeless Service Providers.

VALUE DRIVER:

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

POLICY IMPLICATIONS:

The Coalition of Homeless Service Providers (“The Coalition”) provides coordinated support for homeless services in the counties of Monterey and San Benito. The Coalition’s Lead Me Home 5-Year Plan Update provides a roadmap to achieve the vision that all people in the region live in decent, safe, and affordable housing from which they access services and supports that stabilize their lives. Municipalities in Monterey and San Benito counties, including the City of Monterey, are encouraged to adopt this resolution, which includes strategies to address homelessness and expand service-oriented responses to unhoused individuals. It is within Council policy to adopt this Plan, which does not commit the City specific programs, actions, or funding, but rather demonstrates the City’s support to The Coalition’s Lead Me Home Plan Update strategies.

FISCAL IMPLICATIONS:

There are no costs incurred in connection with adopting this resolution.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 7/18/2023, Item No. 19., Item Page 1, Packet Page 271 CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City could choose not to adopt a resolution adopting The Coalition’s Lead Me Home Plan Update, but that is not recommended. The Coalition is the County of Monterey’s Continuum of Care “CoC” provider, and the City is an important partner in supporting efforts to reduce homelessness in our communities.

DISCUSSION:

The Coalition of Homeless Service Providers
The Coalition of Homeless Services Providers is an organization with a mission to eliminate homelessness in Monterey and San Benito Counties by promoting regional partnerships and interagency collaboration for a comprehensive system of housing for diverse populations. The vision of the organization is a community where homelessness is rare, brief, and non-recurring, where everyone lives with dignity and respect in a home of their choosing that is safe, healthy, and affordable.

The organization also assists with the following:
 Coordinating with Federal and State funding opportunities  Homeless Management Information System (HMIS)
 Coordinated Entry Assessment and Referral System (CARS)  Sheltered & Unsheltered Point in Time Census (PIT)
 Coordinate Housing Inventory (HIC)
 Regional Homelessness Strategic Planning & Implementation  Housing/Homeless Services Policies
Lead Me Home: A Five-Year Plan to Reduce Homelessness
The Coalition, and partner municipalities, have adopted a five-year plan to reduce homelessness in Monterey and San Benito Counties entitled "Lead Me Home Plan Update.” The Lead Me Home Plan provides a five-year roadmap for the Monterey and San Benito County CoC and its partners to achieve the vision that all people in the region live in decent, safe, and affordable housing from which they access services and supports that stabilize their lives. The plan has been developed by the Lead Me Home Leadership Council of Monterey and San Benito Counties (the Continuum of Care board) and coordinated by the Coalition of Homeless Services Providers (CHSP), in partnership with the County of San Benito Health and Human Services Department, and the City of Salinas. It builds upon and extends the vision articulated Council Regular Meeting, 7/18/2023, Item No. 19., Item Page 2, Packet Page 272 in the original Lead Me Home (LMH) 10-year Plan. Key priorities for the Leadership Council in the Plan update were to ensure the Plan is informed by local data, integrates input from local stakeholders, and is aligned with national best practices.

The LMH Plan Update sets out the ambitious goals of reducing the total population of people experiencing homelessness in Monterey and San Benito Counties by 50% over five years (July 2021 to June 2026). Measurable performance targets have been established for each year of the plan, including targets for improvement in program performance as well as for the creation of a new housing inventory. To achieve these lofty goals, the Plan identifies a set of overachieving strategies:

1. Increase Participation in Homelessness Solutions by Leaders and Key Stakeholders from Across the Region

2. Improve the Performance of the Homelessness Response System

3. Expand Service-Oriented Responses to Unsheltered Homelessness At its evening session on June 18, 2023, the Monterey City Council will receive a presentation about the Lead Me Home Plan from The Coalition’s Executive Director, Genevieve LucasConwell. Staff recommends that the City Council adopt the Lead Me Home 5-Year Plan at its June 18, 2023 meeting.

Attachments: 1. Draft Resolution
- Exhibit A - Lead Me Home Plan Update: 5 Year Plan to Reduce Homelessness in Monterey and San Benito Counties
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, 7/18/2023, Item No. 19., Item Page 3, Packet Page 273 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
ADOPTING THE LEAD ME HOME 5-YEAR PLAN BY THE COALITION OF HOMELESS

SERVICES PROVIDERS
WHEREAS, the City of Monterey desires to reduce homelessness in the City of Monterey and the counties of Monterey and San Benito;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; WHEREAS, the Council recognizes the regional efforts in Monterey and San Benito Counties to reduce homelessness through the Coalition of Homeless Services Providers; WHEREAS, the Coalition of Homeless Services Providers is an organization with a mission to eliminate homelessness in Monterey and San Benito Counties by promoting regional partnerships and interagency collaboration for a comprehensive system of housing of diverse populations;
WHEREAS, the Coalition's vision of the organization is a community where homelessness is rare, brief and non-recurring; where everyone lives with dignity and respect in a home of their choosing that is safe, healthy and affordable; WHEREAS, the Coalition has adopted a five-year plan to reduce homelessness in Monterey and San Benito Counties entitled "Lead Me Home Five-Year Plan Update" (the "Plan Update"). The Plan Update provides a five-year roadmap for the Monterey and San Benito County Continuum of Care (CoC) and its partners to achieve the vision that all people in the region live in decent, safe, and affordable housing from which they access services and supports that stabilize their lives;
WHEREAS, the Plan Update has been developed by the Lead Me Home Leadership Council of Monterey and San Benito Counties (the Continuum of Care board) and coordinated by the Coalition of Homeless Services Providers (CHSP), in partnership with the County of San Benito Health and Human Services Department, and the City of Salinas. It builds upon and extends the vision articulated in the original Lead Me Home (LMH) 10-year Plan; Council Regular Meeting, 7/18/2023, Item No. 19., Item Page 4, Packet Page 274 2 WHEREAS, key priorities for the Leadership Council in the Plan Update were to ensure the Plan Update is informed by local data input from local stakeholders and is aligned with national best practices;
WHEREAS, the Plan Update sets out the ambitious goals of reducing the total population of people experiencing homelessness in Monterey and San Benito Counties by 50% over five years (July 2021 to June 2026). Measurable performance targets have been established for each year of the Plan, including targets for improvement in program performance as well as for creation of new housing inventory;
WHEREAS, strategies set forth in the Plan Update are to 1) Increase Participation in Homelessness Solutions by Leaders and Key Stakeholders from Across the Region; 2) Improve the Performance of the Homelessness Response System; 3) Expand Service-Oriented Responses to Unsheltered Homelessness; and
WHEREAS, the City of Monterey now has the opportunity to join the Coalition of Homeless Service Providers, adopt the Lead Me Home Five-Year Plan Update by the Coalition of Homeless Services Providers, and to appoint a member of the City Council to the Leadership Council of the Coalition of Homeless Services Providers.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it adopts the Lead Me Home Five-Year Plan Update by the Coalition of Homeless Services Providers, which is attached hereto as Exhibit A.

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 of said City
City Clerk thereof
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Agenda Report
FROM: Rafaela T. King, CPA, MBA, Finance Director
Prepared By: Youssef Hanalla, CPA, Finance Manager
SUBJECT: Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

It is recommended that the City Council adopt the attached resolution certifying compliance with state law with respect to levying assessments and special taxes.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The passage of this resolution will ensure the continued collection of assessments and special taxes by the County Tax Collector.

FISCAL IMPLICATIONS:

Passage of the resolution will have a positive fiscal effect on the City as the County will continue to collect assessments and special taxes on our behalf. This resolution has no effect on the amount of the assessments and special taxes.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Date: 7/18/2023
Item No.: 20.

Council Regular Meeting, 7/18/2023, Item No. 20., Item Page 1, Packet Page 309 ALTERNATIVES CONSIDERED:

Non passage of the resolution would mean that the County would discontinue collection of assessments and special taxes for the City of Monterey. If this were to occur, the city would be in a position of (1) collecting our own assessments and special taxes from individual property owners, or (2) paying our outstanding assessment obligations with General Fund monies.

DISCUSSION:

In 1997 the County of Monterey informed each agency using their tax rolls for collection of taxes, assessments, fees and charges (other than the 1% ad valorem tax) that they will require, for the 1997-98 fiscal year and each year thereafter, a certification resolution to ensure compliance with all legal procedures and requirements necessary for the levying and imposition of the special taxes and assessments. The City Attorney and the Finance Director have reviewed the City’s assessments and special taxes that are collected by the County on the annual tax bills and have concluded that the City is in compliance with all legal procedures and requirements.

The recurring assessments and special taxes are as follows:
1) Emergency Medical Services – this is a special tax approved by the voters in March 2000. The tax is currently set at $5.00 per benefit unit, and the proceeds are used to fund paramedic emergency medical service to the citizens of Monterey. 2) Alvarado Street Maintenance District – this is an annual assessment collected from property owners with property fronting Alvarado Street. The funds are used to repair and maintain improvements.
3) Calle Principal Maintenance District – this is an annual assessment collected from property owners with property fronting Calle Principal. The funds are used to repair and maintain improvements.

The resolution certifies compliance with applicable laws and procedures, and it includes a hold harmless and indemnification provision for administrative services of the County.

The resolution and the assessment information are due and will be delivered to Monterey County Auditor’s office no later than August 1, 2023.

RTK/yh
Attachments: 1. Resolution
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, 7/18/2023, Item No. 20., Item Page 2, Packet Page 310 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

RESOLUTION CERTIFYING COMPLIANCE WITH STATE LAW WITH RESPECT TO THE

LEVYING OF GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND

PROPERTY-RELATED FEES AND CHARGES
WHEREAS, the City of Monterey requests that the Monterey County Auditor-Controller enter those general or special taxes, assessments, or property-related fees or charges identified in Exhibit “A” on the tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2023-24; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY:

1. The City of Monterey hereby certifies that it has, without limitation, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes, assessments, or property-related fees or charges identified in Exhibit “A”, regardless of whether those procedures and requirements are set forth in the Constitution of the State of California, in State statues, or in the applicable decisional law of the State of California.

2. The City of Monterey further certifies that, except for the sole negligence or misconduct of the County of Monterey, its officers, employees, and agents, with regard to the handling of the compact disc or electronic file identified as Exhibit “A”, the City of Monterey shall be solely liable and responsible for defending, at its sole expense, cost, and risk, each and every action, suit, or other proceeding brought against the County of Monterey, its officers, employees, and agents for every claim, Council Regular Meeting, 7/18/2023, Item No. 20., Item Page 3, Packet Page 311 2 demand, or challenge to the levying or imposition of the general or special taxes, assessments, or property-related fees or charges identified in Exhibit “A” and that it shall pay or satisfy any judgment rendered against the County of Monterey, its officers, employees, and agents on every such action, suit, or other proceeding, including all claims for refunds and interest thereon, legal fees and court costs, and administrative expenses of the County of Monterey to correct the tax rolls.

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, 7/18/2023, Item No. 20., Item Page 4, Packet Page 312 Exhibit A
EXHIBIT "A"
TO

RESOLUTION CERTIFYING COMPLIANCE WITH STATE LAW WITH RESPECT TO THE LEVYING OF GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND PROPERTYRELATED FEES AND CHARGES FISCAL YEAR 2023-24
GENERAL TAXES:

None
SPECIAL TAXES:

Emergency Medical Services
ASSESSMENTS:
(#528) Alvarado Street Maintenance District 85-1
(#533) Calle Principal Maintenance District 00-01

PROPERTY-RELATED FEES AND CHARGES:

None
Council Regular Meeting, 7/18/2023, Item No. 20., Item Page 5, Packet Page 313

Monterey City CouncilJuly 18, 2023

Monterey City Council
July 18, 2023