Agenda packet — Monterey City Council, December 3, 2024 (part 2 of 2)

Traffic Noise
Future development associated with the Monterey 2031 General Plan would result in an increase in traffic in and adjacent to the Planning Area and the placement of new sensitive receptors within the Planning Area. In certain locations, such as the Fort Ord/Ryan Ranch opportunity area, and the 50-acre MPUSD site south of the airport, the construction of new access roads and internal circulation may also be required.

Future noise conditions were projected using a reference distance of 50 feet from each roadway segment centerline for local roadways. Then, based on the average daily traffic volumes provided by the traffic consultant, traffic noise levels were quantified for the 2031 Plus Project condition. Existing (2023) traffic noise levels were obtained from traffic modeling data performed by Kimley-Horn. The difference in noise between these two scenarios represents the Monterey 2031 General Plan’s incremental contribution to noise levels in the area. Monterey 2031 General Plan Update DEIR Appendix F shows the results of the noise modeling analysis and DEIR Figure 3.11-1a: Existing (No Project) Noise Contours and Figure 3.11-1b: Future (with Project) Noise Contours shows existing and projected noise level contours along local roadways within the Planning Area with the Monterey 2031 General Plan. These results were evaluated against the noise compatibility standards in the General Plan, and where With-Project noise would be greater than the “Normally Acceptable” noise level in 2031, a traffic noise impact is considered to be potentially significant.

The previous EIR identified out of the 1,371 roadway segments studied for expected noise increases under the Monterey 2031 General Plan Update, the great majority (1,231 roadway segments or 90 percent), would experience a 3 dB or less (a barely perceivable difference) increase in noise levels under the Monterey 2031 General Plan compared to existing conditions. However, there are several roadway segments (140 roadway ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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segments) where noise levels are projected to increase an upwards of 66 dB under the Monterey 2031 General Plan, which would require noise exposure regulations for sensitive receptors. The General Plan requires sound soundproofing existing residences, schools, and other noise sensitive developments to achieve interior noise levels, as well as acoustical studies of proposed new residential and other noise sensitive developments, depending on the level of noise exposure.

Further, Monterey City Code Section 38-33 requires an acoustic analysis and noise mitigation program for residential units to be submitted with the use permit application for a mixed-use project in an area with noise generators such as traffic, evening activity, music, etc. in the immediate area. Noise mitigation measures may include insulation of walls and windows, placement of sleeping quarters in interior locations, and placement of closets and utility areas between the outside noise sources and living or sleeping areas. In Monterey City Code Section 38-99.7, all multi-family uses in the Multifamily Residential Overlay District shall conform to current noise insulation standards pursuant to the California Code of Regulations, Title 25, Chapter 1, Subchapter 1. Compliance with such codes will require developments to use state-of-the-art construction techniques that will mitigate outdoor activity noise to the greatest extent feasible.

Rezoning Project Analysis and Conclusions
Construction
Noise from individual construction projects carried out under the Proposed Project would likely result in temporary increases in ambient noise levels at 25 feet and at adjacent property lines. As the precise details and timeframes for individual development projects that would be carried out under the Proposed Project cannot be known at this time, it is not possible to determine exact noise levels, locations, or time periods for construction of such projects, or construction noise at adjacent properties. Construction of residential and mixed-use development and redevelopment primarily within key opportunity areas of the city, such as Downtown, Lighthouse, North Fremont, Pacific/Munras/Cass, and Garden Road could potentially expose existing sensitive noise receptors to high levels of sustained construction noise in the vicinity of sensitive receptors, including from construction-related traffic, demolition, and reconstruction activities. Construction noise would exceed ambient noise levels and may temporarily disturb people at neighboring properties.

However, allowable hours for construction activity based on time of day are outlined in Monterey City Code Section 38-112.2, which would minimize impacts.

The severity of construction-related noise impacts depends on the proximity of construction activities to sensitive receptors, the presence of intervening barriers, the number and types of equipment used, and the duration of the activity. While these factors cannot be known precisely for future projects under the Proposed Project, individual projects pursuant to the Proposed Project would be required to comply with City standards. Per Monterey City Code Section 38-112.2, the hours for all construction, alteration, remodeling, demolition and repair activities which are authorized by a valid City Building Permit, as well as the delivery and removal of materials and equipment associated with these activities.

Construction that complies with the time-of-day restrictions for construction activities would result in less than significant noise impacts with regard to the generation of noise in excess of thresholds. Further, implementation of policies contained in the General Plan would further reduce construction noise and ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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associated impacts. Therefore, compliance with existing time-of-day restrictions for construction activities as well as the applicable Monterey City Code and General Plan policies would ensure that Proposed Project impacts related to construction noise would be less than significant. As such, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

On-Site Operational Noise
Residential and mixed-use development pursuant to the Proposed Project is not likely to generate operational noise levels that would exceed the City’s standards. The noise generated by on-site activities for new development would be subject to the City’s exterior noise exposure standards for new development, contained in the General Plan Noise Element. The noise standard for single-family residential areas is 60 dBA and 65 dBA for multi-family residential areas. Residential developments that comply with these noise standards would result in less than significant noise impacts with regard to the generation of noise in excess of thresholds. As such, compliance with the requirements of the General Plan and Monterey City Code would reduce potential on-site noise impacts. Therefore, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

Traffic Noise
Future development associated with the Proposed Project would result in an increase in traffic in and adjacent to the Project Area, incrementally over the planning period, particularly near Downtown, Lighthouse, North Fremont, Pacific/Munras/Cass, and Garden Road areas, and the placement of new sensitive receptors within the Project Area. There would be some roadway segments that may increase in noise levels under the Proposed Project compared to existing conditions and would require noise exposure regulations for sensitive receptors. The General Plan requires sound soundproofing existing residences, schools, and other noise sensitive developments to achieve interior noise levels, as well as acoustical studies of proposed new residential and other noise sensitive developments, depending on the level of noise exposure, that development of the Proposed Project would be required to comply with.

As such, implementation of General Plan policies, as well as requirements codified in Section 38 of the Monterey City Code, would ensure potential noise impacts to sensitive receptors along major roadways in the Project Area will be less than significant despite increases in traffic noise. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

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b) Vibration
Summary of Monterey 2031 General Plan Update EIR
Construction Vibration
Construction of individual projects facilitated by the Monterey 2031 General Plan could intermittently generate groundborne vibration on and adjacent to construction sites. Buildings in the vicinity of a construction site respond to vibration with varying degrees ranging from imperceptible effects at the lowest levels, to low rumbling sounds and perceptible vibrations at minor levels, and up to minor damage at the highest vibration levels. Monterey 2031 General Plan would result in up to 5,800 new homes and 1,995 new jobs in Monterey by 2031; of this, 5,548 units would consist of low-rise apartment buildings of no more than four stories. Construction equipment with greater vibrational impacts, such as pile drivers, is typically needed for high-rise structures and as such is not applicable to the construction needs under the Monterey 2031 General Plan.

Further, exemptions for construction activity based on time of day are outlined in the Monterey City Code per Section 38-112.2. Hours for all construction, alteration, remodeling, demolition, and repair activities which are authorized by a valid City Building Permit, as well as the delivery and removal of materials and equipment associated with these activities. Compliance with such regulations would ensure the impacts related to excessive groundborne vibration are not significant. Therefore, compliance with applicable City Code policies and regulatory requirements, such as the construction hour restrictions, would ensure that construction vibration associated with development under the Monterey 2031 General Plan would be minimized to the maximum extent practicable and impacts would be less than significant.

Operational Vibration

STATIONARY SOURCE VIBRATION
As development occurs, there is generally a potential for more operational vibration sources to be developed. However, implementation of the Monterey 2031 General Plan would not directly result in an increase of operational sources of vibration in the Planning Area. Additionally, should mechanical equipment be installed or new sources of vibration be constructed, the potential vibration effects would be analyzed in a project-specific environmental analysis. Further, vibration from mechanical equipment is generally localized, and it is unlikely that vibration effects would occur outside the immediate vicinity of the vibrationgenerating mechanical equipment. Monterey City Code Section 38-111 also does not permit any use, activity, or process to produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. As such, stationary source vibration impacts associated with implementation of the Monterey 2031 General Plan would be less than significant.

TRAFFIC VIBRATION
There would be an anticipated increase in traffic in the Planning Area associated with both new development permitted within the Planning Area under the Monterey 2031 General Plan and with regional traffic that may pass through the Planning Area (see Monterey 2031 General Plan Update DEIR Section 3.13:

Transportation). Vibration resulting from vehicle traffic is generated primarily by heavy truck passage over discontinuities in the pavement (such as potholes, bumps, and expansion joints). Highway 1 and Highway 68, which bisect the city, are the major north-south and east-west highways that serve to connect Monterey to the wider region. Groundborne vibration generated by traffic traveling on roadways is generally below the threshold of perception at adjacent land uses, unless there are severe discontinuities in the roadway ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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surface. This analysis assumes that roadways in the Planning Area are or would be reasonably maintained, with no severe discontinuities. Additionally, policies in the General Plan Noise Element address streetscape improvements and truck limits on local arterials that would serve to avoid traffic-related vibration impacts (Noise Element Policies a.1, a.2, a.3, a.4, a.5, and a.6). Therefore, vehicle traffic resulting from construction and operation of residential projects under the Monterey 2031 General Plan would not be anticipated to result in substantial or excessive groundborne vibration and impacts would be less than significant.

Rezoning Project Analysis and Conclusions
Construction Vibration
Construction of individual projects facilitated by the Proposed Project could intermittently generate groundborne vibration on and adjacent to construction sites. Buildings in the vicinity of a construction site respond to vibration with varying degrees ranging from imperceptible effects at the lowest levels, to low rumbling sounds and perceptible vibrations at minor levels, and up to minor damage at the highest vibration levels. Construction equipment with greater vibrational impacts, such as pile drivers, is typically needed for high-rise structures and as such is not applicable to the construction needs under the Proposed Project.

Further, exemptions for construction activity based on time of day are outlined in the Monterey City Code per Section 38-112.2. Hours for all construction, alteration, remodeling, demolition, and repair activities which are authorized by a valid City Building Permit, as well as the delivery and removal of materials and equipment associated with these activities. Compliance with such regulations would ensure the impacts related to excessive groundborne vibration are not significant. Therefore, compliance with applicable City Code policies and regulatory requirements, such as the construction hour restrictions, would ensure that construction vibration associated with development under the Proposed Project would be minimized to the maximum extent practicable and impacts would be less than significant. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

Operational Vibration

STATIONARY SOURCE VIBRATION
Similar to the previous EIR on the Monterey 2031 General Plan, as development occurs, there is generally a potential for more operational vibration sources to be developed. However, implementation of the Proposed Project would not directly result in an increase of operational sources of vibration in the Planning Area. Additionally, should mechanical equipment be installed or new sources of vibration be constructed, the potential vibration effects would be analyzed in a project-specific environmental analysis. Further, vibration from mechanical equipment is generally localized, and it is unlikely that vibration effects would occur outside the immediate vicinity of the vibration-generating mechanical equipment. Monterey City Code Section 38-111 also does not permit any use, activity, or process to produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. As such, stationary source vibration impacts associated with implementation of the Proposed Project would be less than significant.

There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

TRAFFIC VIBRATION
There would be an anticipated increase in traffic in the Planning Area associated with both new development permitted within the Planning Area under the Proposed Project. Policies in the General Plan Noise ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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Element address streetscape improvements and truck limits on local arterials that would serve to avoid traffic-related vibration impacts (Noise Element Policies a.1, a.2, a.3, a.4, a.5, and a.6). Therefore, vehicle traffic resulting from construction and operation of residential projects under the Proposed Project would not be anticipated to result in substantial or excessive groundborne vibration and impacts would be less than significant. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.
c) Airports
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted the nearest aviation facility is the Monterey Regional Airport, which is located immediately adjacent to the eastern City limits. According to the 2019 Airport Land Use Compatibility Plan (ALUCP), the City of Monterey is almost entirely within the Airport Influence Area. In particular, there are several sites proposed for development near the airport, including sites in the Fort Ord/Ryan Ranch opportunity area and sites along Garden Road and Highway 68. As such, development pursuant to the Monterey 2031 General Plan could result in the location of sensitive receptors in areas that may be subject to excessive noise from the airport and the impact is potentially significant.

The previous EIR detailed the ALUCP identifies noise hazards associated with the airport and identifies zones where certain uses are prohibited and restricted in order to protect public health and safety. Portions of the Fort Ord opportunity area and the 50-acre MPUSD parcel south of Highway 68 are within Zone 3, which prohibits all residential except for low density residential and infill in developed areas. However, the Land Use Element establishes a new Airport Compatibility Overlay (AC-O) that applies to properties in airport safety zones 1 through 6 as identified in the ALUCP in order to protect airport operations and ensure public safety. Existing uses are permitted to continue on sites within the AC-O, and new development and expansion of existing uses shall only be permitted where the compatibility criteria or the infill exemption criteria of the ALUCP can be met. Further, Program 1-H and Program 1-I of the Housing Element would also help ensure compatibility with the ALUCP, requiring future land uses planned on the Fort Ord property and the Highway 68 Area Plan boundaries that are within the Monterey Regional Airport Influence Area to be compatible with the ALUCP. As such, no conflicts with ALUCP zones would result.

The ALUCP also identifies the airport’s noise contours. The 65 dB contour is predominantly limited to the airport’s jurisdiction and does not overlap with areas where development is permitted or on housing sites identified in the Housing Element. Compliance with the General Plan Exterior Noise Exposure Standards for New Development would also limit the potential for placement of new sensitive uses within the 65 dB contour. Further, City standards and the California Building Code require an interior sound rating of 45 dB for new development involving for residences, schools, and other noise sensitive uses. As such, with adherence to State and local regulations and Monterey 2031 General Plan standards, policies, and programs, implementation of the Monterey 2031 General Plan would not expose people to excessive noise levels related to airport activities and there would be a less than significant impact with respect to this criterion.

Compliance with the General Plan Exterior Noise Exposure Standards for New Development would also limit the potential for placement of new sensitive uses within the 65 dB contour. Further, City standards and the California Building Code require an interior sound rating of 45 dB for new development involving for residences, schools, and other noise sensitive uses. As such, with adherence to State and local regulations and Monterey 2031 General Plan standards, policies, and programs, implementation of the Proposed Project would not expose people to excessive noise levels related to airport activities. Therefore, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.
d) Cumulative Impacts
Summary of Monterey 2031 General Plan Update EIR
By its nature, the prior EIR’s noise analysis represents a cumulative analysis, because it accounts for the contribution that citywide and regional growth will make to the noise environment within the Planning Area through modeling that factors in road and construction traffic generated from projects throughout the wider region.

The Monterey 2031 General Plan would result in both short-term and long-term changes to the existing noise environment in the Planning Area. Construction activities, including traffic, demolition, and reconstruction, would generate ambient and groundborne noise. However, there are a variety of policies, codes, and regulations in place to prevent substantially adverse impacts, particularly to sensitive land uses. The General Plan Noise Element and Section 38-112.2 of the City Code establish noise/land use compatibility standards as well as exterior noise standards. In addition, policies would limit the hours of noise generating construction activities as a condition of project approval. All new construction would be required to comply with noise restrictions which regulate the time and intensity of construction in the City Code as well as requirements from the California Building Code and CalGreen Code.

Together, these policies, regulations, and noise level restrictions would ensure that cumulative adverse noise and vibration impacts associated with construction be attenuated to a less than significant impact. The Monterey 2031 General Plan would result in no impact from airport noise, and therefore, its impact on noise and vibration would result in a less than cumulatively considerable impact.

Rezoning Project Analysis and Conclusions
The Proposed Project would also result in both short-term and long-term changes to the existing noise environment in the Project Area. Construction activities, including traffic, demolition, and reconstruction, would generate ambient and groundborne noise. Consistent with the prior EIR, the Proposed Project would also have to adhere to the variety of policies, codes, and regulations in place to prevent substantially adverse impacts, particularly to sensitive land uses. Development in and around the Proposed Area would comply ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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with the General Plan Noise Element and Section 38-112.2 of the City Code which establishes noise/land use compatibility standards as well as exterior noise standards. In addition, policies would limit the hours of noise generating construction activities as a condition of project approval. All new construction would be required to comply with noise restrictions which regulate the time and intensity of construction in the City Code as well as requirements from the California Building Code and CalGreen Code.

Together, these policies, regulations, and noise level restrictions would ensure that cumulative adverse noise and vibration impacts associated with construction be attenuated to a less than significant impact. Given that the Proposed Project would not introduce new cumulative impacts or create more severe cumulative impacts than those identified in the previous EIR, no additional analysis is required.

APPLICABLE MITIGATION MEASURES
None.

CONCLUSION
There is no new information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to noise. The conclusions from the previous EIR remain unchanged when considering the adoption of the Proposed Project.

Public Services and Recreation
PUBLIC SERVICES AND RECREATION. Would the project result in:

Fire protection?
Police protection?
Less than
Significant
with Mitigation Incorporated
MM-PF-1 No No No
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PUBLIC SERVICES AND RECREATION. Would the project result in:

DISCUSSION
a) Fire, Police, Schools, Parks, or Other Public Facilities Summary of Monterey 2031 General Plan Update EIR
Police Protection Service
At the time of publication of the previous EIR, the Monterey Police Department (MPD) had not established any other service ratios or response time goals. As buildout of the Monterey 2031 General Plan would occur incrementally over a period of 8 years, the resulting increase in calls for service would require additional staff and equipment.

The previous EIR noted MPD has existing plans in place to increase staffing over the next five to ten years from 53 to 60 officers and to acquire two additional patrol vehicles. However, MPD and Monterey Fire Department (MFD) have plans to develop a new joint public safety facility, either through redevelopment at the current 351 Madison Street location or by acquiring a pre-existing facility in Monterey and converting it to a shared public safety facility. Though not funded, the planned facility would be sufficient to accommodate increased MPD staffing and equipment needed to accommodate the increase in calls for service anticipated with buildout of the Monterey 2031 General Plan. Therefore, no additional new or physically altered police facilities over and above those already planned would be required as a result of the Monterey 2031 General Plan. Impacts would be less than significant.

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Fire and Emergency Services
The previous EIR stated the MFD is appropriately staffed and deployed to protect the jurisdictions it serves, with response performances meeting recognized best practice goals. However, the projected increase in population, housing units, and jobs generated by the Monterey 2031 General Plan would likely result in a subsequent increase in fire and emergency medical service calls to the Planning Area compared to existing conditions. Growth would occur incrementally over the 8-year planning period.

Despite a steady increase in calls for service since 2016, MFD does not have plans to increase staffing or equipment levels over the next eight years. Current staffing and equipment levels provide an adequate number of staffing for fires, medical, or rescue situations and would be sufficient to handle the potential increase in incidents in infill areas with buildout of the Monterey 2031 General Plan. However, fire and emergency medical response services are currently provided to the eastern portion of the city from Station 16, which is leased from the Monterey Airport District. The previous EIR identified that the station isn't well suited to provide increased services to that portion of Monterey. As such, a dedicated City-owned fire station would likely be needed to serve that area. While the location and design of this facility cannot be known at this time, the construction of the facility could potentially result in environmental impacts. Therefore, implementation of Mitigation Measure PF-1 is required.

Schools
The previous EIR noted that buildout of the Monterey 2031 General Plan would result in up to 5,800 new homes and 10,125 new residents in the planning area by 2031. While buildout of the Monterey 2031 General Plan would occur incrementally over the planning period, the growth in population would increase the number of school aged children in Monterey. However, the previous EIR indicated that even with an additional approximate 5,800 housing units, MPUSD student populations will continue to decrease between 2023 and 2031 and not exceed total capacity of 14,523 students in any year of the planning period. Nevertheless, MPUSD estimates that it would need to expand some existing facilities and potentially alter current lease agreements with private and/or charter schools in order to meet the projected need. New residential and mixed-use development under the Monterey 2031 General Plan would be required to pay standard school impact fees, which would cover a fair share of any need for altered school facilities. As provided by California Government Code Section 65996, the payment of such fees is deemed to fully mitigate the impacts of new development on school services. Impacts would be less than significant.

Parks
The previous EIR noted that growth in population as a result of the Monterey 2031 General Plan would increase demand for parks. The City does not have an adopted parks service standard; however, the current parkland ratio in Monterey is 27.3 acres per 1,000 residents, and with growth projected under the Monterey 2031 General Plan, that ratio would be 20 acres per 1,000 residents. This ratio far exceeds the typical ratio of 3 acres per thousand residents defined in State law (Quimby Act of 1975). Therefore, the current acreage of parkland in Monterey would be sufficient to meet the needs of the projected 2031 population and no new or expanded City park facilities are envisioned as part of the Monterey 2031 General Plan. In the future, if new or expanded City park facilities are proposed, their construction and operation would be subject to separate project-level CEQA review.

Library Facilities
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The previous EIR noted the projected population growth under the Monterey 2031 General Plan would increase demand for library services in Monterey. The City has not adopted level of service standards for the provision of library services; however, as noted above, the Library Board has endorsed a long-term strategy for a 31,000-square-foot renovation and expansion of the Monterey Public Library at its current location. It is anticipated that future demand for library services under the Monterey 2031 General Plan would be through the continued provision of online services in combination with the aforementioned renovation and expansion. As such, the Monterey 2031 General Plan would not require the construction of new or expanded library facilities beyond those already envisioned. Impacts would be less than significant.

Rezoning Project Analysis and Conclusions
Police Protection Service
The Proposed Project would be located within the Project Area, which is served by the Monterey Police Department (MPD). The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. The Proposed Project would involve implementation of the Housing Action Plan, which includes a series of changes to the City’s Zoning Ordinance and Specific Plans located largely in key opportunity areas, Downtown, Lighthouse, North Fremont, and Pacific/Munras/Cass and Garden Road areas, and does not include changes to police protection services. As such, this impact is less than significant. The Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

Fire and Emergency Services
The Proposed Project would be located within the Project Area, which is served by the Monterey Fire Department (MFD). The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed The Proposed Project would involve implementation of the Housing Action Plan, which includes a series of changes to the City’s Zoning Ordinance and Specific Plans located largely in key opportunity areas, Downtown, Lighthouse, North Fremont, and Pacific/Munras/Cass, and Garden Road areas, where adequate fire and emergency services are provided. However, development pursuant to the Proposed Project may occur in the eastern portion of Monterey, as a result of Program 2-F and 3-C, where a dedicated City-owned fire station would likely be needed to serve that area, according to the previous EIR. While the location and design of this facility cannot be known at this time, the construction of the facility could potentially result in environmental impacts. Therefore, implementation of Mitigation Measure PF-1 is required to reduce impacts. As such, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

Schools
The Proposed Project would be located within the Project Area, served by MPUSD. MPUSD estimates that it would need to expand some existing facilities and potentially alter current lease agreements with private and/or charter schools in order to meet the projected need. Similar to the previous EIR, new residential and mixed-use development under the Proposed Project would be required to pay standard school impact fees, which would cover a fair share of any need for altered school facilities. As provided by California Government Code Section 65996, the payment of such fees is deemed to fully mitigate the impacts of new development on school services. Therefore, payment of development fees to MPUSD would address the Proposed Project’s impacts on schools, resulting in a less-than-significant impact. As such, the Proposed Project ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR.

No additional analysis is required.

Parks
The Proposed Project would be located within the Project Area, served by the City’s parks and recreation system. The Proposed Project is implementation of the Housing Action Plan analyzed in the Monterey 2031 General Plan and EIR. As such, growth projected the Monterey 2031 General Plan is the same as growth under the Proposed Project. The City does not have an adopted parks service standard; however, the current parkland ratio in Monterey is 27.3 acres per 1,000 residents, and with growth projected under the Proposed Project, that ratio would be 20 acres per 1,000 residents. This ratio far exceeds the typical ratio of 3 acres per thousand residents defined in State law (Quimby Act of 1975). Therefore, the current acreage of parkland in Monterey would be sufficient to meet the needs of the projected 2031 population and no new or expanded City park facilities are envisioned as part of the Proposed Project. In the future, if new or expanded City park facilities are proposed, their construction and operation would be subject to separate project-level CEQA review. Therefore, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

Library Facilities
The Proposed Project would be located within the Project Area, served by the Monterey Public Library. As noted in the previous EIR, the Library Board has endorsed a long-term strategy for a 31,000-square-foot renovation and expansion of the Monterey Public Library at its current location. It is anticipated that future demand for library services under Proposed Project would be through the continued provision of online services in combination with the aforementioned renovation and expansion. As such, the Proposed Project would not require the construction of new or expanded library facilities beyond those already envisioned, resulting in a less-than-significant impact. Therefore, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. b) Use of Neighborhood, Regional, or Recreational Facilities Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted that growth associated with implementation of the Monterey 2031 General Plan could increase use of the City’s existing neighborhood and of regional parks such that physical deterioration of the facility would occur or be accelerated. However, the level of deterioration would not exceed that normally expected to occur in an urban environment, given that Monterey has a wealth of municipal and regional park and recreational facilities distributed throughout the community and that growth under the Monterey 2031 General Plan would occur incrementally throughout the community over a period of eight years. Further, the Parks and Recreation Master Plan describes a number of projects the City aims to undertake to improve aging parks and recreation facilities in Monterey through 2030. As such, impacts would be less than significant.

Rezoning Project Analysis and Conclusions
The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. Growth associated with implementation of the Proposed Project could increase use of the City’s existing neighborhood and of ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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regional parks such that physical deterioration of the facility would occur or be accelerated, as noted in the previous EIR. However, the level of deterioration would not exceed that normally expected to occur in an urban environment or what was previously analyzed, given that Monterey has a wealth of municipal and regional park and recreational facilities distributed throughout the community and that growth under the Monterey 2031 General Plan would occur incrementally throughout the community over a period of eight years. Further, the Parks and Recreation Master Plan describes a number of projects the City aims to undertake to improve aging parks and recreation facilities in Monterey through 2030. As such, the Proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; therefore, this impact is less than significant. Therefore, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. c) Construction or Expansion
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted the increased local population generated by the Monterey 2031 General Plan would likely use existing public service and community facilities within the city, including community centers, the Monterey Public Library, and school spaces that could be used for community activities, as well as regional recreational facilities, such as the Laguna Grande Regional Park and the Monterey Recreation Trail. Project implementation would therefore result in increased use of recreational facilities in the City and the surrounding area. However, given the extent of existing facilities in Monterey and the surrounding area and that development under the Monterey 2031 General Plan would happen throughout the city and occur incrementally over the eight-year planning period, population growth with implementation of the Monterey 2031 General Plan would not be expected to result in the substantial physical deterioration of existing facilities or to require construction or expansion of recreational facilities to meet the needs of new residents.

As such, overall implementation of the Monterey 2031 General Plan would have a less than significant impact associated with the construction or expansion of recreational facilities.

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d) Cumulative Impacts
Summary of Monterey 2031 General Plan Update EIR
As detailed in the previous EIR, the increased local population generated by implementation of the Monterey 2031 General Plan may increase the need for police services. However, MPD has existing plans in place to increase staffing over the next five to ten years from 53 to 60 officers and to acquire two additional patrol vehicles. In addition, MPD and MFD have plans to develop a new joint public safety facility, which would be sufficient to accommodate increased MPD staffing and equipment needed to accommodate the increase in calls for service anticipated with buildout of the Monterey 2031 General Plan. Therefore, no additional new or physically altered police facilities over and above those already planned would be required as a result of the Monterey 2031 General Plan. Cumulative impacts would be less than significant.

The increased local projected population would likely result in a subsequent increase in fire and emergency medical service calls to the service area compared to existing conditions. Despite a steady increase in calls for service since 2016, MFD does not have plans to increase staffing or equipment levels over the next eight years. Current staffing and equipment levels provide an adequate number of staffing for fires, medical, or rescue situations and would be sufficient to handle the potential increase in incidents in infill areas with buildout of the Monterey 2031 General Plan. However, implementation of Mitigation Measure PF-1 is recommended which would reduce the potential environmental impacts associated with construction of the new public safety facility to the maximum extent practicable. Cumulative impacts would be less than significant.

Public schools are provided by school districts to areas within their jurisdictions. While districts may have cross jurisdictional boundaries, school services are still provided at the local, rather than regional level.

Project applicants for development under the Monterey 2031 General Plan would be required to comply with SB 50, which mandates statutory school facilities fees for residential and commercial developments.

Compliance with SB 50 would financially offset impacts on the MPUSD capacity and would provide funding for potential future school facility development needs associated with the projected population increase.

However, the District stipulated that the construction of 5,800 new units would require MPUSD to expand existing facilities and potentially alter current lease agreements with private and/or charter schools in order to meet the projected increased enrollment. Therefore, the MPUSD anticipates that there would be a need for new/expanded school facilities in the district. Even so, construction of new school facilities would be subject to separate project-level CEQA review at the time the design is proposed in order to identify and mitigate project-specific impacts as appropriate. Future facilities will be able to tier from this EIR to identify and mitigate site specific impacts if and when design of those facilities is complete. Therefore, this cumulative impact would be less than significant.

Several agencies provide park and recreation services in the region, including counties, cities, and special districts. Given the extensive amount of parkland in Monterey, the service ratio far exceeds the maximum defined in State law and therefore no ratio requiring new parkland has been set. Further, considering Monterey’s current level of service, quality, and type of facilities, as well as maintenance of a relatively stable population over time, the Parks Master Plan determined that the City does not have a need to develop more parks. The City of Monterey has existing plans for considerations of upgrading aging facilities, however, detailed design of the new park facilities has not yet been completed, so site specific impacts cannot be evaluated at this time. Even though the City has determined that it does not have a need to develop more parks to service the local population, new parks could possibly be added to the MPUSD 50-acre site and the Ryan Ranch/Fort Ord Specific Plan area. The environmental impacts related to traffic, noise, air quality, ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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and GHG emissions during construction and operation of park facilities have been considered throughout this EIR. Detailed design of any potential facility expansion or construction has not yet been considered, so site specific impacts cannot be evaluated at this time. However, construction of new park facilities would be subject to separate project-level CEQA review at the time the design is proposed in order to identify and mitigate project-specific impacts as appropriate.

Therefore, the contribution of the Monterey 2031 General Plan to the cumulative impact on public services and recreation would not be cumulatively considerable.

Rezoning Project Analysis and Conclusions
Consistent with the previous EIR, the increased local population generated by development pursuant to the Proposed Project may increase the need for police services and fire and emergency services. Even so, the Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. Therefore, no additional new or physically altered police facilities over and above those already planned would be required as a result of the Proposed Project. Regarding emergency facilities, implementation of Mitigation Measure PF-1 would reduce the potential environmental impacts associated with construction of the new public safety facility to the maximum extent practicable. Cumulative impacts would be less than significant and equivalent to those identified in the prior EIR.

As stated previously, MPUSD anticipates that there would be a need for new/expanded school facilities in the district under implementation of the General Plan, which encompasses programs in the Proposed Project. Even so, construction of new school facilities would be subject to separate project-level CEQA review at the time the design is proposed in order to identify and mitigate project-specific impacts as appropriate.

Future facilities will be able to tier from this EIR to identify and mitigate site specific impacts if and when design of those facilities is complete. Similarly, any new parks needed as a result of the Proposed Project would be subject to separate project-level CEQA review at the time the design is proposed in order to identify and mitigate project-specific impacts as appropriate. Therefore, these cumulative impacts would be less than significant. Given that the Proposed Project would not introduce new cumulative impacts or create more severe cumulative impacts than those identified in the previous EIR, no additional analysis is required.

APPLICABLE MITIGATION MEASURES
MM PF-1: City-Owned Fire Station. In parallel with preparation of the Fort Ord/Ryan Ranch Specific Plan pursuant to Program 1-H of the proposed Housing Element, the City shall:
• Identify in the southeastern part of Planning Area a location for the station that minimizes disruption to sensitive ecosystems, wildlife habitats, and natural resources; • Require the use of stormwater management measures to control and treat stormwater runoff to prevent pollution and soil erosion during construction; • Develop a plan for the proper handling, recycling, and disposal of construction waste to minimize the impact on local landfills and ecosystems;
• Establish erosion control measures, which may include erosion control barriers, sediment traps, and other best management practices to prevent soil erosion and sedimentation of nearby water bodies; ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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• Require measures to protect and preserve existing vegetation, including trees and native plants, during construction activities;
• Implement best management practices to minimize noise and air pollution during construction, including dust and emissions control measures; and • Require the use of fire-safe building materials and design features to limit the risk of damage or loss due to wildfire.

CONCLUSION
There is no new information identifying new significant effects, nor is there an increase in the severity of previously identified impacts related to public services and recreation. The conclusions from the previous EIR remain unchanged when considering the implementation of the proposed project.

Transportation
TRANSPORTATION. Would the project:

DISCUSSION
a) Circulation System Plan
Summary of Monterey 2031 General Plan Update EIR
The previous EIR outlined applicable local regulations and plans related to transportation, which include the City’s Multimodal Mobility Plan (Move Monterey) and Monterey-Salinas Transit (MST)'s 2022-25 Goals, Objectives and Action Plan.

Move Monterey
Adopted in 2021, Move Monterey addresses the City’s needs to create a safe and effective transportation network for all modes of transportation, including transit, bicycling, and walking. Move Monterey includes strategies that seek to integrate land use and transportation in order to facilitate walking, bicycling, and transit use; enhance safety for bicyclists and pedestrians; and incorporate new technology and standards for bicycle and pedestrian circulation. Monterey 2031 General Plan policies and programs broadly support implementation of these strategies. Specifically, the Housing Element Program 1-C calls for updating specific plans with the intention of integrating new high-density housing with good access to transit, among other services. Additionally, the Land Use Element Policy B.1 seeks to develop and implement specific plans and zoning to guide development in neighborhoods and incorporate tailored development and design standards and multi-modal improvements to the specific neighborhood. Lastly, the Circulation Element emphasizes transit-oriented designs in mixed-use neighborhoods (Policy a.3), while accomplishing the goal of a transportation network that is complemented by land uses that are easily accessible by walking, bicycling, or utilizing transit (Goal A).

The Circulation Element sets out a list of guidelines and considerations for Complete Streets in the City’s multimodal plan, which would maximize safety through design (Policy b.6), aligning with Move Monterey’s strategy to examine projects impact on safety for pedestrians and bicyclists. Further, Circulation Element also requires development projects to provide on-site facilities such a bicycle parking and showers, to dedicate land to expand existing facilities or provide new facilities such as sidewalks/multi-use paths and/or bicycle lanes, and to ensure projects are designed to be efficiently served by bike routes and pedestrian connections (Policy c.9). This policy supports Move Monterey’s strategy to look for opportunities to incorporate safety and access improvements for pedestrian and bicyclists in development projects.

As a result, the Monterey 2031 General Plan would not conflict with a program, plan, ordinance, or policy addressing the circulation system, particularly bicycle and pedestrian facilities, and the impact would be less than significant.

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The Monterey 2031 General Plan incorporates strategies to promote the development of mixed use villages and transit-oriented development within the City limit, including proposed Land Use Element policies A.1, A.2, and A.4, as well as policies involving coordination with MST to support transit use, including Circulation Element policies E.3, E.5, E. 6, and E.7. Therefore, overall implementation of the Monterey 2031 General Plan would support the delivery of frequent, reliable transit and help attract new and retain existing MST riders. Implementation of the Monterey 2031 General Plan housing sites inventory would increase the number and proportion of housing units in the more walkable areas of Monterey within a half mile of Downtown, Lighthouse and Del Monte opportunity areas, that serve as transit corridors within the city.

As a result, future development consistent with the Monterey 2031 General Plan would not conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Therefore, implementation of the Monterey 2031 General Plan would result in a less than significant impact related to conflicts with programs, plans, ordinances, or policies addressing the circulation system, including transit, roadway, and bicycle and pedestrian facilities.

Rezoning Project Analysis and Conclusions
Move Monterey
Adopted in 2021, Move Monterey addresses the City’s needs to create a safe and effective transportation network for all modes of transportation, including transit, bicycling, and walking. Move Monterey includes strategies that seek to integrate land use and transportation in order to facilitate walking, bicycling, and transit use; enhance safety for bicyclists and pedestrians; and incorporate new technology and standards for bicycle and pedestrian circulation. The Proposed Project programs broadly support implementation of these strategies. Specifically, Program 1-C calls for updating specific plans with the intention of integrating new high-density housing with good access to transit, among other services. Program 1-B calls for amendment of the Multifamily Residential Overlay (MFR) Overlay District, to allow conversion of existing commercial and office buildings to housing and the development of new housing at densities up to 60 du/ac near transit and other services.

As a result, the Proposed Project broadly supports the strategies outlined in Move Monterey and would not conflict with a program, plan, ordinance, or policy addressing the circulation system, particularly bicycle and pedestrian facilities, and the impact would be less than significant.

Monterey-Salinas Transit 2022-25 Goals, Objectives and Action Plan MST's 2022-25 Action Plan is organized around seven key goals that focus on fiscal stability; quality transit and mobility service; effective management practices; environmental sustainability, public education, organizational values, and industry leadership. The Proposed Project would not conflict with these goals, as the Proposed Project would involve implementation of the Housing Action Plan, which includes a series of changes to the City’s Zoning Ordinance and Specific Plans located largely in key opportunity areas, Downtown, Lighthouse, North Fremont, Pacific/Munras/Cass, and Garden Road areas. The Proposed Project incorporates strategies to promote the development of mixed-use villages and transit-oriented development within the City limit, including Programs 1-B, 1-C, and 2-A, that would increase the number and proportion of housing units in the more walkable areas of Monterey within a half-mile of Downtown, Lighthouse and North Fremont areas, that serve as transit corridors within the city.

As a result, future development consistent with the Proposed Project would not conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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pedestrian facilities. Therefore, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. b) VMT
Summary of Monterey 2031 General Plan Update EIR
The previous EIR found that while modeling results do not fully account for the beneficial effects of Monterey 2031 General Plan policies that would reduce VMT associated with new development under the Monterey 2031 General Plan, residential land uses would nonetheless not exceed the established threshold of significance for either the No Project or the Monterey 2031 General Plan Update in 2031. However, the EIR found that employment-based VMT would exceed the established threshold for both scenarios.

The previous EIR listed numerous Monterey 2031 General Plan policies that reflect VMT reduction practices recommended by California Air Pollution Control Officers Association (CAPCOA), and therefore, implementation of the Monterey 2031 General Plan would put into action multiple recommended CAPCOA strategies, resulting in additional reduction in VMT from new development under the Monterey 2031 General Plan. The VMT mitigation potential of CAPCOA strategies is typically assessed at the project level, so the anticipated effectiveness levels cannot be applied to the total residential or employment-based VMT projected for the Monterey 2031 General Plan Update. However, as indicated on Monterey 2031 General Plan Update DEIR Table 3.13-4, implementation of the following programs and policies would reduce the already less than significant residential VMT and the employment-based VMT of the Monterey 2031 General Plan:
• Housing Element Program 1-C, which involves offering municipal shared parking agreements to projects that propose a minimum number of new housing units in proximity to a City-owned parking lot or structure;
• Housing Element Program 2-E, which involves reduce the minimum requirements for projects located within one half-mile of public transit, would further reduce the already less than significant residential;
• Circulation Element Policies a.10 and c.9 would require proposed projects to provide bicycle facilities, bicycle parking, storage and showers, or contribute to the cost of improvements, thereby providing end-of-trip bicycle facilities; • Circulation Element Policy d.3, under which the City would increase pedestrian connectivity between neighborhoods and major city and regional destinations; • Circulation Element Policies d.4 and d.5 under which the City would prioritize ADA ramps, audible pedestrian signals, sidewalk widenings, and other infrastructure, would provide pedestrian network improvements; • Circulation Element Policies c.2, c.3, c.5, c.6 and c.8, under which the City would plan and construct new bicycle facilities and improve bicycle connectivity; • Circulation Element Policies c.3, c.5, and c.6 would facilitate construction of new or improvement of existing bicycle boulevards; and ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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• Circulation Element Policy b.1, under which the City would create and maintain a system of complete streets, would result in transit-supportive roadway treatments.

However, given that VMT/employee in 2031 under the Monterey 2031 General Plan Update would exceed the threshold by nearly 30 percent, even after accounting for the VMT mitigation potential of Monterey 2031 General Plan policies, work VMT per employee would still exceed the established threshold in 2031.

Therefore, Mitigation Measure VMT-1, under which the City would implement a Commute Trip Reduction Program applicable to businesses that employ 50 or more people in Monterey, is required. Although the implementation of Mitigation Measure VMT-1 can be expected to reduce work VMT per employee once implemented, the precise mix of incentives offered by employers cannot be known at this time. Therefore, the previous EIR conservatively concluded that the VMT reduction due to implementation of these strategies would not be adequate to reduce the impact to a less than significant level. Accordingly, even after implementation of all feasible mitigation, this impact would remain significant and unavoidable.

Rezoning Project Analysis and Conclusions
As noted in the Project Description, the Proposed Project involves a series of changes to the City’s Zoning Ordinance and Specific Plans focused largely in key opportunity areas as needed to accommodate the City’s assessed share of the regional housing need. The Proposed Project would implement zoning amendments that would facilitate the construction of housing as envisioned in the Housing Element and would not permit any additional employment-based land uses beyond those previously analyzed. Further, the Proposed Project would facilitate the construction of new housing, thus creating more opportunities for those who work in Monterey to live in the community as well. As such, the Proposed Project would support reduction in employment-based VMT, thus Mitigation Measure VMT-1 of the previous EIR is not applicable to the Proposed Project. The Proposed Project would not exceed the established threshold of significance for residential nor employment-base land uses, as previously analyzed.

Additionally, there are numerous Monterey 2031 General Plan policies that reflect VMT reduction practices recommended by CAPCOA, and therefore, implementation of the Proposed Project would put into action multiple recommended CAPCOA strategies, resulting in additional reduction in VMT from new development under Proposed Project. The VMT mitigation potential of CAPCOA strategies is typically assessed at the project level, so the anticipated effectiveness levels cannot be applied to the total residential projected for the Proposed Project. Implementation of the programs and policies mentioned above would reduce the already less than significant residential VMT. As such, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. c) Traffic Hazards
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted that implementation of the Monterey 2031 General Plan would involve construction of new developments and new transportation facilities, as well as modifications to existing transportation facilities. Since the Monterey 2031 General Plan is a program-level plan, the design elements of individual future developments and new transportation facilities are not known. However, all future public and private improvement projects and transportation facilities would be subject to additional review and approval to ensure safety, such as Chapter 33 of the City Code which outlines street and arterial regulations ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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for subdivisions and Circulation Element Policy b.6 which requires implementation of Complete Streets principles as well as maximization of safety through design.

The previous EIR identified that through the design and engineering review process, City staff and other potential jurisdiction staff will evaluate development proposals as well as modifications to the existing transportation facilities and new proposed facilities to ensure public health and safety by ensuring adequate and safe sidewalks or crosswalks, dedicated and protected bicycle facilities, realigning sharp curves, prohibiting certain movements, signalizing intersections, and improving sight distance, among other measures. All new streets and redesign of existing streets will be completed according to applicable federal, State, and local design standards, such as the California Manual on Uniform Traffic Control Devices and the California Highway Design Manual. Furthermore, most new transportation facilities and redesign of existing facilities in the Monterey 2031 General Plan are aimed at improving conditions for various modes, such as Circulation Element policies d.1, d.2, d.3, and d.7 would enhance the pedestrian network, policies c.2 and c.4 would increase bicycle connectivity within the Planning Area and prioritize connections to Monterey Peninsula Recreational Trail, and Policy e.8 requires development projects to enhance access to transit. Considering that the Monterey 2031 General Plan would not substantially increase hazards due to design features and that it would be compatible with existing uses in the area, impacts would be less than significant.

Rezoning Project Analysis and Conclusions
The Proposed Project involves a series of changes to the City’s Zoning Ordinance and Specific Plans focused largely in key opportunity areas a needed to accommodate the City’s share of regional housing need. As the Proposed Project is a rezoning initiative, the design elements of individual future developments and new transportation facilities are not known. All future public and private improvement projects and transportation facilities would be subject to additional review and approval to ensure safety, such as Chapter 33 of the City Code which outlines street and arterial regulations for subdivisions and Circulation Element Policy b.6 which requires implementation of Complete Streets principles as well as maximization of safety through design.

Further, as noted in the previous EIR, through the design and engineering review process, City staff and other potential jurisdiction staff will evaluate development proposals as well as modifications to the existing transportation facilities and new proposed facilities to ensure public health and safety by ensuring adequate and safe sidewalks or crosswalks, dedicated and protected bicycle facilities, realigning sharp curves, prohibiting certain movements, signalizing intersections, and improving sight distance, among other measures.

Therefore, this impact is less than significant. As such, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. d) Emergency Access
Summary of Monterey 2031 General Plan Update EIR
The previous EIR identified that implementation of the Monterey 2031 General Plan Update would likely involve the construction of new streets and roadways within the Fort Ord/Ryan Ranch opportunity area and the 50-acre MPUSD site. As such, design would be required to comply with adopted roadway design standards and applicable provisions of the City Code, including regulations related to accommodating emergency vehicles. The Circulation Element policies of the Monterey 2031 General Plan Update would minimize cul-de-sacs and allow existing and future developments to be accessed from at least two routes.

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Therefore, if one route is inaccessible, emergency vehicles could use another route to access a building.

Thus, emergency vehicles would continue to use the existing streets as well as new streets to access all areas within the Planning Area.

In addition, the Monterey 2031 General Plan is a program-level plan that does not directly address projectlevel components that will be required to provide adequate emergency access. City staff, including emergency responders, review all development applications to ensure that applicable requirements are met, including provisions for adequate access for emergency responders and response vehicles, consistent with the Fire Code.

Considering the Monterey 2031 General Plan Update’s accommodation of emergency vehicles in existing and future streets, and the established procedures for reviewing project-level emergency access needs, impacts would be less than significant.

Rezoning Project Analysis and Conclusions
The Proposed Project would not involve the construction of new streets and roadways, as the Proposed Project involves a series of changes to the City’s Zoning Ordinance and Specific Plans as needed to accommodate the City’s assessed share of the regional housing need. Design of the development of the Proposed Project would be required to comply with adopted roadway design standards and applicable provisions of the City Code, including regulations related to accommodating emergency vehicles.

In addition, the Proposed Project is a rezoning initiative that does not directly address project-level components that will be required to provide adequate emergency access. City staff, including emergency responders, review all development applications to ensure that applicable requirements are met, including provisions for adequate access for emergency responders and response vehicles, consistent with the Fire Code. As such, considering the Proposed Project’s accommodation of emergency vehicles in existing and future streets, and the established procedures for reviewing project-level emergency access needs, this impact is less than significant. As such, the Proposed Project would not introduce new impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. e) Cumulative Impacts
Summary of Monterey 2031 General Plan Update EIR
The geographic context for cumulative impacts related to transportation is the roadway network within the Planning Area and the regional roadway network with connections to the Planning Area. Buildout of the Monterey 2031 General Plan would result in increased development in the Planning Area and would generate additional vehicle trips on the local and regional roadway network. The General Plan Circulation Element includes policies that seek to improve mode share and reduce the impact of new traffic on alternative transportation modes. Development under the Monterey 2031 General Plan would be consistent with such policies and regulations by increasing housing opportunities in already developed areas which is an integral part of VMT reduction and encouraging transportation alternatives, such as walking and biking. However, employment-based land uses have a potentially significant impact under the Monterey 2031 General Plan and mitigation is required. Although the implementation of Mitigation Measure VMT-1 can be expected to reduce the total VMT per service population generated by typical uses in the Planning Area and reduce the magnitude of the impact, their effectiveness cannot be accurately estimated for the expected developments in the Planning Area, because the detailed characteristics of these future development and/or the ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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specific strategies implemented by these future developments cannot be known at this time. Thus, this EIR conservatively assumes that these impacts would be cumulatively considerable.

Rezoning Project Analysis and Conclusions
Development pursuant to the Proposed Project would also result in increased development in the Planning Area and would generate additional vehicle trips on the local and regional roadway network. However, any such development would still be required to adhere to the General Plan Circulation Element policies that seek to improve mode share and reduce the impact of new traffic on alternative transportation modes. Development under the Proposed Project would be consistent with such policies and regulations by increasing housing opportunities in already developed areas which is an integral part of VMT reduction and encouraging transportation alternatives, such as walking and biking. As such, the Proposed Project would support reduction in employment-based VMT, thus Mitigation Measure VMT-1 of the previous EIR is not applicable to the Proposed Project. The Proposed Project would not exceed the established threshold of significance for residential nor employment-base land uses, as previously analyzed. As such, this impact would not be cumulatively considerable. Given that the Proposed Project would not introduce new cumulative impacts or create more severe cumulative impacts than those identified in the previous EIR, no additional analysis is required.

APPLICABLE MITIGATION MEASURES
None.

CONCLUSION
There is no new information identifying new significant effects, nor is there an increase in the severity of previously identified impacts or new checklist questions related to transportation. The conclusions from the previous EIR remain unchanged when considering the implementation of the Proposed Project.

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Utilities and Service Systems
UTILITIES AND SERVICE SYSTEMS. Would the project:

Environmental Issue Area
Conclusion in
Prior EIR
Mitigation
Measures
Do the Proposed Zoning Amendments Involve New or
More Severe
Impacts?
New Circumstances Involving New
or More Severe Impacts?
New Information Requiring New
Analysis or
Verification?
a. Require or result in the relocation or construction of new or expanded water, wastewater
treatment or storm water drainage, electric power, natural gas, or telecommunications facilities,
the construction or relocation of
which could cause significant environmental effects?
Significant
and Unavoidable
MM-AQ-2,
MM-AQ-3,
MM-AQ-4,
MM-BIO-1,
MM-BIO-2,
MM-CUL-4
No No No
b. Have sufficient water supplies
available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry years?
Significant
and Unavoidable
MM-UTIL-1
and MMUTIL-2
No No No
c. Result in a determination by the
wastewater treatment provider,
which serves or may serve the
project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than
Significant
None No No No
d. Generate solid waste in excess of
state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less than
Significant
None No No No
e. Comply with federal, state, and
local management and reduction
statutes and regulations related
to solid waste?
Less than
Significant
None No No No
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DISCUSSION
a) Relocation or Expansion of Utilities
Summary of Monterey 2031 General Plan Update EIR
Regional Facilities
The previous EIR noted that in order to serve projected water demand within its service area, California American Water Company (Cal-Am) has plans to purchase additional water supply from the planned Pure Water Monterey Expansion Project and to augment its supplies through the proposed Monterey Peninsula Water Supply Project Ocean Desalination Plant. These projects are already planned and, according to the Water Supply Assessment (WSA) prepared by Cal-Am for the Monterey 2031 General Plan Update, with the additional supply anticipated to become available when these projects come online, Cal-Am would have adequate supply to serve demand from the Monterey 2031 General Plan Update. Additionally, Marina Coast Water District (MCWD) owns a pilot desalination plant which if reactivated could provide 300 acrefeet per year (AFY) of additional water supply to meet additional demand within its service area, including additional demand from new development at Fort Ord as part of the Housing Element. Therefore, implementation of the Monterey 2031 General Plan Update would not require the construction of new or the expansion of existing regional water facilities over and above existing and planned facilities. As such, associated impacts would be less than significant.

The previous EIR stated wastewater from the Planning Area is treated at the M1W Regional Treatment Plant (RTP) in the City of Marina, where the RTP has an existing capacity of up to 29.6 million gallons of wastewater per day (mgd) and currently treats an average of 18.5 mgd from over 250,000 community members and 10 member entities. The Monterey 2031 General Plan Update would result in up to 5,800 new homes and 1,991 new jobs by 2031. Assuming an average wastewater flow of 150 gallons per day (gps) for residential projects, consistent with M1W's 2021 Wastewater Treatment Rate Update to 2017 Comprehensive Rate & Fee Study, and an average of 30 gpd per employee, consistent with the U.S. Environmental Protection Agency's general estimate of wastewater generation for office projects, the Monterey 2031 General Plan Update would generate an additional 0.93 mgd of wastewater upon buildout in 2031, well within the existing excess capacity of the RTP.13 Additionally, as described above, M1W is moving forward with plans to significantly increase anaerobic digestion capacity at the RTP by reviving an out-of-service anaerobic digester and installing state-of-the-art Anaergia digestion tank mixing technology. Once completed in late 2024, the project will also substantially increase digester capacity and enhance operational performance and energy efficiency. Therefore, implementation of the Monterey 2031 General Plan Update would not require the construction or expansion of RTP facilities.

While the majority of the Planning Area is served by existing power and telecommunications infrastructure, power and telecommunications lines would need to be extended to the 50-acre MPUSD site in the Highway 68 Area Plan area and to the Fort Ord/Ryan Ranch opportunity area with implementation of the Monterey 2031 General Plan Update. However, pursuant to Mitigation Measure WF-2 described in Monterey 2031 General Plan Update DEIR Section 3.15, the City will adopt an underground utility district applicable to areas within the Highway 68 Area Plan and the Fort Ord Reuse Area that are both adjacent to and within 1,000 linear feet of a Very High Fire Hazard Severity Zone designated by the California Department of Forestry and Fire Protection, and shall require that all new electrical poles, overhead wires, and associated overhead structures be installed underground in order to reduce wildfire risks and promote public safety.

Implementation of this mitigation measure would reduce impacts associated with construction and expansion of power and telecommunications to a less than significant level.

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City Facilities
The previous EIR noted the City of Monterey owns and operates a sewer system consisting of 99 miles of gravity sewer mains, 1.5 miles of force mains, seven lift stations, and over 2,300 manholes. Additionally, the City owns and operates a public storm drain system consisting of ten miles of pipelines and drainage channels that collect and convey runoff to Monterey Bay. Existing municipal sewer and stormwater facilities serve the majority of the Planning Area.

In 2018, the City of Monterey prepared a Sewer System Management Plan Update that evaluated the capacity of the existing sewer system and identified sewer improvements that are necessary to achieve future capacity requirements. The 2018 Sewer System Management Plan did not identify the need for any trunk sewer capacity improvements at the time in the Planning Area, as the City sewerage system was not experiencing overflow conditions nor approaching such conditions even during wet weather per regular field observations by City maintenance crews.

The previous EIR reiterated that future developments within the Planning Area must meet the requirements of the Monterey Regional Storm Water Management Program (MRSWMP), City of Monterey NPDES Phase II permit with the California State Water Board, the City Code, and other applicable local, state and federal requirements, as more fully described in the Monterey 2031 General Plan Update DEIR Section 3.9, Hydrology and Water Quality. Compliance with existing regulations would ensure that new development incorporates on-site methods to result in no net increase in drainage off-site compared to pre-project site hydrology. As such, the need for improvements to existing public storm drainage infrastructure in these areas is not anticipated.

However, implementation of the Monterey 2031 General Plan would also require the construction and extension of public sewer and stormwater conveyance infrastructure to areas not currently served by existing facilities, including the 50-acre MPUSD site in the Highway 68 Area Plan area and portions of Fort Ord.

Construction or expansion of infrastructure to these areas could potentially result in environmental impacts. Construction period impacts are analyzed at a programmatic level throughout Monterey 2031 General Plan Update DEIR. While construction period impacts related to soil erosion and noise can be mitigated to a less than significant level, construction period impacts related to air quality, biological resources, cultural and tribal cultural resources, energy and greenhouse gas emissions would remain significant and unavoidable even after implementation of all feasible mitigation measures.

Therefore, in conclusion, the previous EIR impacts associated with the relocation, construction, or expansion of regional utility infrastructure would be less than significant with mitigation incorporated; however, impacts associated with construction period impacts related to air quality, biological resources, cultural and tribal cultural resources, energy and greenhouse gas emissions would remain significant and unavoidable even after implementation of all feasible mitigation measures.

Rezoning Project Analysis and Conclusions
Regional Facilities
The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. As such, development of the Proposed Project would be served by potable water service provided by California American Water Company (Cal-Am) and plans to receive additional supply from the planned Pure Water Monterey Expansion Project through the proposed Monterey Peninsula Water Supply Project Ocean Desalination ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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Plant. The Water Supply Assessment (WSA) prepared by Cal-Am for the previous EIR and General Plan Update stated these projects are planned; therefore, Cal-Am would have adequate supply to serve demand from the Monterey 2031 General Plan Update, including implementation of the Proposed Project. Therefore, implementation of the Proposed Project would not require the construction of new or the expansion of existing regional water facilities over and above existing and planned facilities, and this impact is less than significant. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

Further, the development of the Proposed Project would continue to be served with wastewater collection and treatment service at the M1W Regional Treatment Plant (RTP) in the City of Marina. M1W is moving forward with plans to significantly increase anaerobic digestion capacity at the RTP by reviving an out-ofservice anaerobic digester and installing state-of-the-art Anaergia digestion tank mixing technology. As such, once completed in late 2024, this project will also substantially increase digester capacity and enhance operational performance and energy efficiency. Therefore, implementation of the Proposed Project would not require the construction or expansion of RTP facilities beyond what was analyzed in the previous EIR, and this impact is less than significant. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

The Proposed Project is currently served by existing power and telecommunications infrastructure. The Proposed Project represents the City’s implementation of the Housing Action Plan and includes a series of changes to the City’s Zoning Ordinance and Specific Plans, focused on Lighthouse, Downtown, North Fremont, Pacific/Munras/Cass, County courthouse, and Garden Road areas.

As the Proposed Project focuses on areas served by existing power and telecommunication infrastructure, the Proposed Project would not introduce impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required.

City Facilities
As noted in the previous EIR, the City owns and operates a sewer system, as well as a public storm drain system consisting of pipelines and drainage channels that collect and convey runoff to Monterey Bay. Existing municipal sewer and stormwater facilities serve the majority of the Planning Area. As noted in the 2018 Sewer System Management Plan, the City does not identify the need for any trunk sewer capacity improvements at the time in the Planning Area. Future developments pursuant to the Proposed Project within the Planning Area must meet the requirements of the Monterey Regional Storm Water Management Program (MRSWMP), City of Monterey NPDES Phase II permit with the California State Water Board, the City Code, and other applicable local, state and federal requirements, fully described in the previous EIR.

Compliance with existing regulations would ensure that new development incorporates on-site methods to result in no net increase in drainage off-site compared to pre-project site hydrology. As such, the need for improvements to existing public storm drainage infrastructure in these areas of the Proposed Project is not anticipated.

As discussed above, the Proposed Project represents the City’s implementation of the Housing Action Plan and includes a series of changes to the City’s Zoning Ordinance and Specific Plans, focused on Lighthouse, Downtown, North Fremont, Pacific/Munras/Cass, County courthouse, and Garden Road areas. Further, the Proposed Project would implement Programs 2-F and 3-C, which would incorporate the current ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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requirements of State density bonus law and establish additional development incentives for qualifying projects under the proposed local density bonus, and could allow development near Highway 68 and Fort Ord areas, which would require the construction and extension of public sewer and stormwater conveyance infrastructure to these areas not currently served by existing facilities. Construction or expansion of infrastructure to these areas could potentially result in environmental impacts. Construction period impacts are analyzed at a programmatic level throughout the Proposed Project checklist. While construction period impacts related to soil erosion and noise can be mitigated to a less than significant level, construction period impacts related to air quality, biological resources, cultural and tribal cultural resources, energy and greenhouse gas emissions would remain significant and unavoidable even after implementation of all feasible mitigation measures. As such, the Proposed Project would not introduce impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. b) Water Supply
Summary of Monterey 2031 General Plan Update EIR
The previous EIR identified that water service for the majority of the Planning Area is provided by Cal-Am and an approximately 135 acres of land at Fort Ord is within the MCWD service area. Cal-Am projects there will be sufficient water when new sources come online. However, the previous EIR concluded that it cannot be said with certainty that these new sources will be operational in the future as envisioned; thus, impacts on water supply under the Monterey 2031 General Plan Update would be significant and unavoidable. Mitigation Measure UTIL-1 requires that all new construction and remodels comply with the Monterey Peninsula Water Management District Rule 142 Water Efficiency Standards. Implementation of Mitigation Measure UTIL-1 would reduce water demand resulting from implementation of the Monterey 2031 General Plan Update to the extent feasible; however, compliance with these standards alone would not be sufficient to offset the anticipated supply shortfall under average, single dry year, or multiple dry year scenarios, and impacts would remain significant and unavoidable even after implementation of all feasible mitigation.

The 2020 Urban Water Management Plan (UWMP) does not fully account for the RHNA allocations of the other communities served by MCWD, including the cities of Marina, Seaside, and Del Rey Oaks and unincorporated portions of Monterey County; therefore, Mitigation Measure UTIL-2, involving actions to expand MCWD supply, is required. To meet additional future demands, the MCWD 2020 UWMP provides that reactivation of the MCWD pilot seawater desalination plant could potentially add 300 AFY of additional supply. Further, to provide additional water to meet future demand when it materializes, the MCWD 2020 UWMP states Phase 2 of the Pure Water Monterey Expansion Project is anticipated to deliver additional water to the Seaside Basin. However, while these additional sources of supply could deliver sufficient water to meet projected demand from the Proposed Plan, MCWD does not currently have a plan or funding in place to reactivate the pilot seawater desalination plant or procure additional supply from Phase 2 of the Pure Water Monterey Expansion Project. No other feasible sources of additional water supply have been identified. Therefore, this impact is considered significant and unavoidable.

Rezoning Project Analysis and Conclusions
As noted in previous impact discussion and previous EIR, it cannot be said with certainty that new sources of water supply will be operational in the future as envisioned for the Monterey 2031 General Plan Update.

As the Proposed Project is the City’s implementation of the Housing Action Plan, which overlaps in the Project Area and planning period of the Monterey 2031 General Plan Update, the impacts on water supply ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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remain significant and unavoidable, even with the implementation of both Mitigation Measure UTIL-1 and Mitigation Measure UTIL-2. As such, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. c) Wastewater Treatment
Summary of Monterey 2031 General Plan Update EIR
Wastewater from the Planning Area is treated at the M1W RTP in the City of Marina. The RTP has an existing capacity of up to 29.6 million gallons of wastewater per day (mgd) and currently treats an average of 18.5 mgd, including effluent from the Planning Area. The Monterey 2031 General Plan Update would result in up to 5,800 new homes and 1,991 new jobs by 2031. Assuming an average wastewater flow of 150 gallons per day (gps) for residential projects, consistent with M1W's 2021 Wastewater Treatment Rate Update to 2017 Comprehensive Rate & Fee Study, and an average of 30 gpd per employee, consistent with the U.S. Environmental Protection Agency's general estimate of wastewater generation for office projects, the Monterey 2031 General Plan Update would generate an additional 0.93 mgd of wastewater upon buildout in 2031, well within the existing excess capacity of the RTP. Additionally, as described above, M1W is moving forward with plans to significantly increase anaerobic digestion capacity at the RTP by reviving an outof-service anaerobic digester and installing state-of-the-art Anaergia digestion tank mixing technology.

Once completed in late 2024, this project will also substantially increase digester capacity and enhance operational performance and energy efficiency. Therefore, implementation of the Monterey 2031 General Plan Update would not require the construction or expansion of RTP facilities and associated impacts would be less than significant.

Rezoning Project Analysis and Conclusions
The Proposed Project would continue to be served with wastewater collection and treatment service at the M1W Regional Treatment Plant (RTP) in the City of Marina. M1W is moving forward with plans to significantly increase anaerobic digestion capacity at the RTP by reviving an out-of-service anaerobic digester and installing state-of-the-art Anaergia digestion tank mixing technology. As such, once completed in late 2024, this project will also substantially increase digester capacity and enhance operational performance and energy efficiency. Therefore, implementation of the Proposed Project would not require the construction or expansion of RTP facilities beyond what was analyzed in the previous EIR, as the Proposed Project is the City’s implementation phase of the previously analyzed Housing Action Plan. There is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. d) Solid Waste Reduction Goals
Summary of Monterey 2031 General Plan Update EIR
Construction
Demolition and construction activities associated with implementation of the Monterey 2031 General Plan Update would result in a temporary increase in solid waste generation, as solid waste generation would occur periodically during construction. However, the increase would be minimal and temporary. In addition, individual projects within the Planning Area would be required to comply with the State’s Green Building Code, which requires all permitted residential and non-residential construction demolition and additions/alternations projects to recycle of salvage a minimum 65 percent of nonhazardous construction ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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materials generated from the project. Therefore, the Monterey 2031 General Plan Update would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure during construction. This impact would be less than significant.

Operation
The previous EIR noted that solid waste from Monterey is primarily sorted at the Monterey Peninsula Landfill (MPL) and Materials Recovery Facility (MRF) in unincorporated Salinas, operated by ReGen Monterey and any waste not recycled or composted is disposed. ReGen Monterey also processes commercial and residential organics at the MPL and MRF. The previous EIR identified that while non-residential development would also generate solid waste, overall, the Monterey 2031 General Plan Update would not be a substantial contributor to the City’s solid waste at the Monterey Peninsula Landfill.

Development projects under the Monterey 2031 General Plan Update would be required to comply with State and local laws mandating recycling of recyclable materials. There would still be residual waste requiring landfill disposal, but the incremental increase in solid waste sent to the Monterey Peninsula Landfill would have an imperceptible effect on landfill capacity. Therefore, implementation of the Monterey 2031 General Plan Update would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure during operation, and this impact would be less than significant.

Rezoning Project Analysis and Conclusions
Construction
Similar to the previous EIR, demolition and construction activities associated with implementation of the Proposed Project would result in a temporary increase in solid waste generation, as solid waste generation would occur periodically during construction. However, the increase would be minimal and temporary.

Individual projects within the Project Area would be required to comply with the State’s Green Building Code, which requires all permitted residential and non-residential construction demolition and additions/alternations projects to recycle of salvage a minimum 65 percent of nonhazardous construction materials generated from the project. Therefore, the Proposed Project would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure during construction and this impact would be less than significant. As such, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.

Operations
Solid waste from Monterey is primarily sorted at the Monterey Peninsula Landfill (MPL) and Materials Recovery Facility (MRF) in unincorporated Salinas, operated by ReGen Monterey and any waste not recycled or composted is disposed. ReGen Monterey also processes commercial and residential organics at the MPL and MRF. While non-residential development would also generate solid waste, overall, the Proposed Project would not be a substantial contributor to the City’s solid waste at the Monterey Peninsula Landfill.

Development projects under the Proposed Project would be required to comply with State and local laws mandating recycling of recyclable materials. There would still be residual waste requiring landfill disposal, but the incremental increase in solid waste sent to the Monterey Peninsula Landfill would have an imperceptible effect on landfill capacity. Therefore, implementation of the Proposed Project would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure during ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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operation, and this impact would be less than significant. As such, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. e) Conflict with Solid Waste Regulations
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted that waste collection services in the Planning Area are provided by Monterey City Disposal Service. Monterey City Disposal Service collects and transports solid waste, including trash, recyclables, and organic materials. Hazardous and e-waste is managed by the Household Hazardous Waste Collection program at ReGen Monterey, which operates household hazardous and electronic waste disposal drop-off facilities in Marina.

Federal, State, and local statutes and regulations related to solid waste include AB 939, AB 1327, SB 1016, AB 341, and AB 1826, as well as the Monterey City Code, Chapter 14, Article 1, which requires multifamily properties with five or more units and certain businesses to provide on-site recycling and composting services. Projects pursuant to the Monterey 2031 General Plan Update would be subject to policies in the City General Plan aimed at continuing to implement cost-effective and incentive-based recycling programs and education for items such as yard waste, vehicle oil, food containers, cardboard, and mixed paper to divert waste generated by residential and commercial customers. Further, any development of future land uses under the Monterey 2031 General Plan Update would be required to comply with federal, State, and local statutes and regulations related to solid waste. Therefore, the impact would be less than significant.

Rezoning Project Analysis and Conclusions
Waste collection services in the Project Area are provided by Monterey City Disposal Service. Development pursuant to the Proposed Project would be required to comply Federal, State, and local statutes and regulations related to solid waste include AB 939, AB 1327, SB 1016, AB 341, and AB 1826, as well as the Monterey City Code, Chapter 14, Article 1, which requires multifamily properties with five or more units and certain businesses to provide on-site recycling and composting services. Therefore, compliance with Federal, State, and local statutes and regulations related to solid waste would ensure that impacts would be less than significant. As such, there is no new information identifying new significant effects and the Proposed Project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required.
f) Cumulative Impacts
Summary of Monterey 2031 General Plan Update EIR
Future development anticipated by the Monterey 2031 General Plan would generate additional demand for water and wastewater, stormwater, solid waste services, power, and telecommunications services. Water to the Planning Area is supplied by California American Water (Cal Am) and managed by the Monterey Peninsula Water Management District (MPWMD). The MPWSP Ocean Desalination Plant is anticipated to provide a drought-proof supply. With the addition of these supplies, it is expected that supply will exceed demand during normal years through 2050. The new supply sources will help provide a secure and reliable water supply for the Monterey Peninsula and reduce the need for stringent demand reduction measures to close the gap between supply and demand. While a supply deficit is anticipated until new supplies are available, after new supplies are available, there will be adequate supply to serve projected demand (including ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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projected demands for RHNA housing). Until the new supplies come online, Cal Am will use its Water Shortage Contingency Plan (WSCP) measures to maintain demand below the available supply. Compliance with State regulations mandating water conservation measures discussed in Chapter 3.14 of this EIR, including the Water Conservation Act of 2009 (SB X7-7), the California Green Building Standards Code (CALGreen) (Part 11, Title 24), the California Building Standards Code (24 California Code of Regulations), Assembly Bill (AB) 1668, and Senate Bill (SB) 606 would reduce demand from new development to the extent practicable, and implementation of proposed Housing Element Program 2-J, through which the City will prioritize available water supply for affordable housing projects, and Program 2-K through which the City will continue to work with Cal Am and MPWMD to expand sources of supply will also help to minimize impacts associated with inadequate water supply. However, as it cannot be said with certainty that there will be adequate water supply to serve the cumulative projected need for the Cal Am service area including the Planning Area in 2031 even in the event of a multiple dry year scenario during the planning period, a significant and unavoidable impact would result from the implementation of the Monterey 2031 General Plan in combination with other general plans and housing elements in the Cal Am service area and the contribution of the Monterey 2031 General Plan would be cumulatively considerable.

With regards to wastewater treatment and distribution, the Planning Area is served by Monterey One Water Regional Treatment Plant (RTP) which serves the following jurisdictions: Del Rey Oaks, Monterey, Pacific Grove, Salinas, Sand City, and Seaside; the Castroville Community Services District; Marina Coast Water District; Boronda County Sanitation District; and Monterey County. As detailed in Section 3.14, the agency’s average daily dry weather flows have consistently been below the permitted dry weather treatment capacity. The Monterey One Water Regional Treatment Plant experiences an average daily flow of 18.5 million gallons per day (MGD) and has the capacity to treat and discharge 29.6 MGD. The estimated flow with buildout of the Monterey 2031 General Plan in 2031 is 0.93 MGD, which represents 3.14 percent of the 29.6 MGD total available capacity. Therefore, the Regional Treatment Plant has adequate capacity to serve the 2031 population service area and the impact is not cumulatively considerable.

Storm drainage facilities within Monterey County are operated and maintained by the Monterey County Water Resources Agency. The cities of Carmel-by-the-Sea, Pacific Grove, Monterey, Sand City, and Seaside maintain the urban runoff system and natural drainage courses for their respective jurisdictions. In the City of Monterey, stormwater drains flow directly to local creeks, estuaries, and to Monterey Bay without treatment. Future developments within the Planning Area must meet the requirements of the Monterey Regional Storm Water Management Program (MRSWMP), City of Monterey NPDES Phase II permit with the California State Water Board, the City Code, and other applicable local, state, and federal requirements.

With compliance to these regulations, impacts would not be cumulatively considerable.

Solid waste from Monterey is primarily sorted at the Monterey Peninsula Landfill (MPL) and Materials Recovery Facility (MRF) in unincorporated Salinas, operated by ReGen Monterey and any waste not recycled or composted is disposed. ReGen Monterey also processes commercial and residential organics at the MPL and MRF. As demonstrated in Section 3.14, the Monterey 2031 General Plan is estimated to result in a net increase in solid waste generation of approximately 82,643 tons per year, or 226.4 tons per day. The annual solid waste generated by the Monterey 2031 General Plan would be approximately 0.17 percent of the permitted remaining capacity of the landfill (48.5 million tons) and the daily solid waste generated by the Monterey 2031 General Plan would be approximately 6.5 percent of the permitted daily capacity of the landfill (3,500 tons). The Monterey 2031 General Plan would not be a substantial contributor to the City’s solid waste at the Monterey Peninsula Landfill. Therefore, the Monterey 2031 General Plan’s contribution to this potentially significant cumulative impact would not be cumulatively considerable.

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Existing overhead and underground electrical lines extend throughout the Planning Area and were originally installed to serve the variety of existing land uses. PG&E and Central Coast Community Energy (3CE) is expected to be able to meet overall demand for electricity and natural gas for all its customers, including Monterey County, in the future. PG&E will continue to maintain and upgrade its electrical and natural gas distribution systems as needed based on future demand trends. For electricity, this includes local and regional distribution lines, undergrounding or poles where needed, and transformer stations. For natural gas, this includes local and regional pipelines and transmission stations. Therefore, the impact of the Monterey 2031 General Plan on power infrastructure would not be cumulatively considerable.

Rezoning Project Analysis and Conclusions
The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. As such, the Proposed Project would generate additional demand for water and wastewater, stormwater, solid waste services, power, and telecommunications services, the effects of which were considered in the prior EIR.

Regarding water supply, consistent with the prior EIR, it cannot be said with certainty that there will be adequate water supply to serve the cumulative projected need for the Cal Am service area including the Planning Area in 2031 even in the event of a multiple dry year scenario during the planning period, a significant and unavoidable impact would result from the implementation of the General Plan in combination with other general plans and housing elements in the Cal Am service area. Thus, the contribution of the Proposed Project would also be cumulatively considerable, and cumulative impacts would be equivalent to those detailed in the prior EIR.

With regards to wastewater treatment and distribution, the Regional Treatment Plant has adequate capacity to serve the 2031 population service area, and the impact is not cumulatively considerable. For stormwater drainage facilities, future developments within the Project Area must meet the requirements of the Monterey Regional Storm Water Management Program (MRSWMP), City of Monterey NPDES Phase II permit with the California State Water Board, the City Code, and other applicable local, state, and federal requirements. With compliance to these regulations, impacts would not be cumulatively considerable. In addition, the Proposed Project would not be a substantial contributor to the City’s solid waste at the Monterey Peninsula Landfill and the impact would not be cumulatively considerable. Finally, PG&E and Central Coast Community Energy (3CE) is still expected to be able to meet overall demand for electricity and natural gas for all its customers, including Monterey County, in the future.3 PG&E will continue to maintain and upgrade its electrical and natural gas distribution systems as needed based on future demand trends. Therefore, the impact of the Proposed Project on power infrastructure would not be cumulatively considerable.

Given that the Proposed Project would not introduce new cumulative impacts or create more severe cumulative impacts than those identified in the previous EIR, no additional analysis is required.

APPLICABLE MITIGATION MEASURES
MM-UTIL-1: Water Efficiency Measures for New Development and Remodels. New development and remodels in the Planning Area shall be required as a condition of project approval to implement the Monterey Peninsula Water Management District's Rule 142 Water Efficiency 3 Pacific Gas & Electric Corporation (PG&E), 2023. 2023 General Rate Case. Available: https://www.pge.com/en_US/aboutpge/company-information/regulation/general-rate-case/grc.page.

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Standards, as applicable, in order to minimize the use of water. For reference, Rule 142 Water Efficiency Standards are included in Appendix H to this Draft EIR.

MM-UTIL-2: Expand MCWD Sources of Supply. MCWD shall implement measures to increase sources of water supply, including reactivation of the pilot seawater desalination plant and Indirect Potable Reuse of advanced treated water from the Pure Water Monterey project. The measures shall be sufficient to generate at least an additional 235 AFY by 2030, as needed to support new development within the City of Monterey that will be served by MCWD.

MM-AQ-2: MBARD Basic Construction Mitigation Measures for Air Quality. The City shall require implementation of the following basic construction mitigation measures, as feasible, as a condition of approval of grading permits.

1. Water all active construction sites at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.

2. Prohibit all grading activities during periods of high wind (over 15 miles per hour).

3. Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).

4. Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydro seed area.

5. Haul trucks shall maintain at least two feet of freeboard.

6. Cover all trucks hauling dirt, sand, or loose materials.

7. Plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land.

8. Plant vegetative ground cover in disturbed areas as soon as possible.

9. Cover inactive storage piles.

10. Install wheel washers at the entrance to construction sites for all exiting trucks.

11. Pave all roads at construction sites.

12. Sweep streets if visible soil material is carried out from the construction site.

13. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of Monterey Bay Air Resources District (MBARD) shall also be visible to ensure compliance with Rule 402 (Nuisance).

14. Limit the area under construction at any one time.

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MM-AQ-3: Require at Least Tier 4 Final Engines on Construction Equipment. All applicants proposing development of projects within the Planning Area shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on at least an EPAapproved Tier 4 Final or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA-approved Tier 3 engine. CARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.

Applicants must conduct recordkeeping of equipment verification documents for construction equipment and the City has the right to review equipment logs.

MM-AQ-4: Require 2010 Model Year Compliance of Diesel Truck Engines. All applicants proposing development of projects within the Planning Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the CARB’s EMFAC database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted. Applicants must conduct recordkeeping of truck verification documents and the City has the right to review truck logs.

MM-BIO-1: Conduct Preconstruction Surveys for Special Status Species. Prior to ground-disturbing activities and during the appropriate identification periods for special-status plants and wildlife listed in Tables 3.4-1 and 3.4-2, project applicants proposing development on sites with the potential for special-status species to occur shall engage a qualified biologist with prior experience conducting surveys for subject species in Monterey County to conduct field surveys within work areas and the immediately adjacent areas to determine the presence of habitat for special-status plant and wildlife species. The field surveys are to be conducted when special-status species that could occur in the area are evident and identifiable, generally during the blooming or breeding period. For special-status plants, field surveys shall be conducted by a qualified botanist following the “Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities.” One or more surveys shall be conducted as needed to account for different special-status species identification periods. The results of field surveys shall be summarized in an accompanying report documenting all proposed work areas and the presence or absence of any sensitive resources that could be affected by development. Additionally, the report shall outline where species and/or habitat-specific mitigation measures (as required under Mitigation Measures BIO-2 through BIO-12) are required. This report will provide the basis for any applicable permit applications and consultations with regulatory agencies where incidental take may occur.

MM-BIO-2: Worker Environmental Awareness Training Program. If it is established pursuant to Mitigation Measure BIO-1 that special status species occur on the site, prior to the issuance of grading or building permits, and for the duration of construction activities, the project proponent shall demonstrate that it has in place a Construction Worker Environmental Awareness Training Program for all construction workers at the project site. All ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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construction workers shall attend the Program prior to participating in construction activities. The Program shall be developed and conducted by a qualified biologist with experience in Monterey County. The training may be presented in video form. The Program shall include:
• Information on the life history of wildlife and plant species that may be encountered during construction activities and legal protection status of each species; • The definition of “take” under the Federal Endangered Species Act and the California Endangered Species Act; • Measures the project proponent/operator is implementing to protect the species; and • Specific measures that each worker shall employ to avoid take of wildlife species, and penalties for violation of the Federal Endangered Species Act or California Endangered Species Act.

MM-CUL-4: Conduct Cultural Resources Awareness Training. Prior to the start of any ground disturbance or construction activities, developers of projects within 50 feet of a creek or within 50 feet of recorded archaeological resources or tribal cultural resources in the Planning Area shall retain a qualified professional archaeologist to conduct cultural resource awareness training for construction personnel. This training shall include an overview of what cultural resources are and why they are important, archaeological terms (such as site, feature, deposit), project site history, types of cultural resources likely to be uncovered during excavation, laws that protect cultural resources, and the unanticipated discovery protocol per the PRC Section 21083.

MM-GHG-2 Construction Best Management Practices to Minimize GHGs. All applicants within the Planning Area shall require their contractors, as a condition of contract, to reduce construction-related GHG emissions by implementing recommended best management practices, including (but not limited to) the following measures (based on the Bay Area Air Quality Management District’s 2022 CEQA Air Quality Guidelines):
• Ensure alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet.
• Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than two minutes (A five-minute limit is required by the state airborne toxics control measure [CCR, Title 13, Sections 2449(d)(3) and 2485]).

Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure. • Prohibit off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day.

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• Require all construction equipment is maintained and properly tuned in accordance with manufacturer’s specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Where grid power is available, prohibit portable diesel engines and provide electrical hook ups for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible.
• Recycle or salvage nonhazardous construction and demolition debris, with a goal of recycling at least 15 percent more by weight than the diversion requirement in Title

24. • Use locally sourced (within 100 miles of the Planning Area) or recycled materials for construction materials (goal of at least 10 percent based on costs for building materials and based on volume for roadway, parking lot, sidewalk and curb materials). Wood products used should be certified through a sustainable forestry program. • Develop a plan to efficiently use water for adequate dust control since substantial amounts of energy can be consumed during the pumping of water.

CONCLUSION
There is no new information identifying new significant effects, nor is there an increase in the severity of previously identified impacts or new checklist questions related to utility and service systems. The conclusions from the previous EIR remain unchanged when considering the implementation of the Proposed Project.

Wildfire
WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

DISCUSSION
a) Emergency Response/Evacuation
Summary of Monterey 2031 General Plan Update EIR
Evaluation of the impacts on adopted emergency response plan and emergency evacuation plan was evaluated within the Wildfire section of the previous EIR, under Impact 3.15-1. The previous EIR noted that a significant impact would occur if implementation of the Monterey 2031 General Plan Update would substantially impair implementation of the County of Monterey Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), the County of Monterey Emergency Operations Plan (OEP), or the Monterey County Community Wildfire Protection Plan (CWPP), which guide emergency evacuation and response operations within the Planning Area.

The previous EIR identified the City of Monterey jurisdictional annex to the MJHMP includes specific actions that the City will implement to facilitate emergency evacuation and response, in the event of wildfire, specifically Action #1 which involves developing a sustained audience-specific public outreach program that encourages consistent hazard mitigation content and improves public awareness and knowledge regarding all types of hazards, preparedness, and mitigation measures, and Action #5, which involves updating the Community Wildfire Protection Plan and implement recommended strategies. The previous EIR also cited various Monterey 2031 General Plan Update policies that would enhance community ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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preparedness and strengthen emergency response to wildfires, which would support and enhance the implementation of the MJHMP, OEP, and CWPP.

However, the previous EIR declared that under a multi-hazard evacuation scenario, traffic volumes would surpass capacity as traffic approaches Highway 1 at two locations in the network: the interchange of Fremont Street-Highway 1 and at Soledad Drive-Highway 1 approach, which is a potentially significant impact. Implementation of Mitigation Measure MM-WF-1 involves measures to temporarily increase capacity at constrained locations and proactively manage vehicle flow and is required to reduce this impact to a less than significant level. However, the previous EIR identified that highway onramps are part of the State transportation network, under the jurisdiction of Caltrans, and implementation of this mitigation measure is beyond the control of the City. As such, the previous EIR noted it cannot be determined at this time whether the impact will in fact be mitigated to a less than significant level. Therefore, overall, this impact is considered significant and unavoidable.

Rezoning Project Analysis and Conclusions
The Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. Consistent with the previous EIR, any development pursuant to the Proposed Project would have to comply with all fire codes and regulations related to emergency access. The Proposed Project is subject to the County of Monterey Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), the County of Monterey Emergency Operations Plan (OEP), and the Monterey County Community Wildfire Protection Plan (CWPP), which guide emergency evacuation and response operations within the Project Area. The Proposed Project does not include changes that could potentially interfere with emergency response, access, or evacuation, as the Proposed Project is implementation of Housing Element programs included in the Monterey 2031 General Plan, previously analyzed in the Monterey 2031 General Plan Update EIR.

Further, the Proposed Project aims to implement the Housing Action Plan Programs 1-C, 1-B, 1-L, and 2- A, that could foster new development, thereby increasing the traffic volumes at certain traffic approaches, such as the interchange of Fremont Street-Highway 1 and at Soledad Drive-Highway 1 approaches. However, as identified in the previous EIR, Mitigation Measure MM-WF-1 involves measures to temporarily increase capacity at constrained locations and proactively manage vehicle flow, which would reduce this potentially significant impact to a less than significant level. However, the previous EIR identified that highway onramps are part of the State transportation network, under the jurisdiction of Caltrans, and implementation of this mitigation measure is beyond the control of the City. As such, it cannot be determined at this time whether the impact will in fact be mitigated to a less than significant level. Therefore, overall, this impact is considered significant and unavoidable. Even so, the Proposed Project would not introduce impacts or create more severe impacts than those analyzed in the previous EIR. No additional analysis is required. b) Wildfire Risks
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted upland areas in the south and southwest of Monterey are in a Very High Fire Hazard Severity Zone (VHFHSZ) as mapped by CAL FIRE. Within these areas, there is forest and chaparral vegetation that is highly flammable and contain moderate to steep slope, which can become extremely dry ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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during the summer months, contributing to wildfire risk. In Monterey, existing low density single family residential development occurs throughout the VHFHSZ.

The previous EIR identified the Monterey 2031 General Plan Update would largely involve the development of high density/intensity development in key opportunity areas that are not contained within VHFHSZ and other areas of elevated wildfire risk, thus would generally be less likely to foment fire spread and structure loss. However, Monterey 2031 General Plan Update would involve some smaller scale residential developments and ADUs in the southwestern portion of the city, and residential development on the 50-acre MPUSD site south of Highway 68 and Fort Ord/Ryan Ranch area that would be adjacent to VHFHSZs in the State Responsibility Area (SRA); therefore, buildout of the Monterey 2031 General Plan Update could increase the risk of loss and damage due to wildfire, resulting in potentially significant impacts.

The previous EIR noted that all new construction under Monterey 2031 General Plan Update would be subject to the California Fire Code, California Building Code, and The Board of Forestry, via CCR Title 14, which help prevent loss of structures or life by reducing wildfire hazards. The codes and regulations would reduce the risk of loss, injury, or death from wildfire for new developments under the Monterey 2031 General Plan Update. The previous EIR found that except for Fort Ord/Ryan Ranch, development under the Monterey 2031 General Plan Update Plan would largely occur on sites where existing water distribution mains are located, and where development pursuant to the Monterey 2031 General Plan Update exists without utility connections, development would be required to install new water mains within the street network to serve fire and domestic water needs.

As such, compliance with existing State and local codes, plans, and regulations would reduce the previous EIR impacts to the maximum extent practicable and, therefore, impacts related to exacerbated wildfire risks, increased exposure to pollutant concentrations from a wildfire, and uncontrolled spread of wildfire resulting from implementation of the Monterey 2031 General Plan Update would be less than significant.

All new construction under the Proposed Project would be subject to the California Fire Code and the City Code, which would reduce the risk of loss, injury, or death from wildfire. Development pursuant to the Proposed Project would also be subject to existing State and local codes, plans, and regulations, which would reduce impacts to the maximum extent practicable. As such, the Proposed Project would not introduce impacts or create more severe impacts than those identified previous EIR. No additional analysis is required.

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c) Infrastructure
Summary of Monterey 2031 General Plan Update EIR
The previous EIR identified that implementation of the Monterey 2031 General Plan Update would focus growth largely in key opportunity areas and on previously developed sites served by existing roadway and utility infrastructure and generally removed from areas of elevated wildfire risk. However, in certain areas, including the 50-acre MPUSD site south of Highway 68 and in the Fort Ord/Ryan Ranch area, new and expanded road and utility infrastructure would be needed to support anticipated development. Neither of these locations is within a Very High, High or Moderate Fire Hazard Severity Zone, although the 50-acre MPUSD site and the southern portion of the Fort Ord/Ryan Ranch both abut VHFHSZs in the SRA.

Nonetheless, the installation and operation of road and utility infrastructure could result in a potentially significant exacerbation of wildfire risk.

As described in the previous EIR, compliance with existing State regulations, including Title 14 of the California Code of Regulations and the California Fire and Building Codes, would help reduce wildfire risks from new development. Monterey 2031 General Plan Update policies would also help reduce infrastructure-related wildfire risk, would require fire protection plans for new development, and would reduce the potential for wildfire ignition from the operation of construction equipment or vehicles traveling on roadways in the area.

Further, Chapter 18, Article 3 of the Monterey City Code allows for the City Council to designate underground utility districts when public necessity, health, or safety requires the removal of poles and overhead wires and associated overhead structures within designated areas of the city. Designating underground utility districts adjacent to the VHFHSZs in the SRA would reduce the potential for wildfire ignition from power lines; however, as such districts have not yet been designated in these areas, the previous EIR concluded it cannot be said with certainty that new power lines would be installed underground, and impacts related to the installation or maintenance of electrical utility infrastructure would be potentially significant.

Therefore, the mitigation measure MM-WF-2, which would involve the creation of an underground utility district to require the undergrounding of electrical utility lines within portions of the Highway 68 Area Plan and the Fort Ord Reuse Area adjacent to a VHFHSZ, is required. As such, compliance with existing State and local regulations and implementation of Monterey 2031 General Plan Update policies and mitigation Measure MM-WF-2 would reduce impacts related wildfire risks from the installation and operation of infrastructure to a less-than-significant level.

However, implementation of the Proposed Project would amend the zoning ordinance to incorporate the current requirements of State density bonus law and establish additional development incentives for qualifying projects under the proposed local density bonus (Programs 2-F and 3-C). As such, the Proposed Project could result in development in the Highway 68 and Fort Ord areas, where new and expanded road ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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and utility infrastructure would be needed to support anticipated development. Therefore, the impact of installation and operation of road and utility infrastructure would potentially significant. Implementation of Mitigation Measure MM-WF-2 would involve the creation of an underground utility district to require the undergrounding of electrical utility lines within portions of the Highway 68 Area Plan and the Fort Ord Reuse Area adjacent to a VHFHSZ. Compliance with existing State and local regulations and implementation of Mitigation Measure MM-WF-2 would reduce impacts related to wildfire risks from the installation and operation of infrastructure to the maximum extent practicable. As such, the Proposed Project would not introduce impacts or create more severe impacts than those identified previous EIR. No additional analysis is required.
d) Flooding or Landslides
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted the southern portion of the Planning Area contains forested hills and steep terrain.

There are pockets of landslide susceptibility throughout the upland areas in the south and southwest of the city, with an area of high landslide susceptibility in the hills near Fisherman's Flats Greenbelt. The previous EIR discussed the Carmel Valley Fuelbreak Project, that would reestablish and strengthen strategic fuel breaks and help implement community fuels treatments in critical neighborhoods of the WUI zones in the county, including areas along the southern border of the Planning Area which contain forested ridgelines.

This project would limit the potential for subsequent slope instability in the forested foothills.

The previous EIR identified that while there are no housing opportunity sites identified in high landslide susceptibility areas in the city, implementation of the Housing Element would permit development in and downslope from moderate landslide susceptibility areas, and as such, could expose people and structure to risk in the event of flooding or landslides following a wildfire event. However, as described in Monterey 2031 General Plan Update DEIR Section 3.7 (Geology and Soils), development in areas of steeper terrain under the Monterey 2031 General Plan would be required to comply with the provisions of the Monterey City Code as well as with NPDES stormwater requirements for erosion control. Monterey City Code Section 33-10 also allows the Planning Commission to designate land as “hillside areas” and enforce hillside improvement standards as established by the City Council. Further, the provisions of Chapter 31.5, Article 2 of the Monterey City Code require implementation of stormwater and sediment controls.

Therefore, the risk of loss or damage in downstream areas due to landslides and downstream flooding would be reduced to the maximum extent practicable with compliance with existing regulations related to hillside construction, stormwater management, and flood and erosion control. Accordingly, the previous EIR impacts related to post-fire hazards would be less than significant.

Rezoning Project Analysis and Conclusions
The Proposed Project involves a series of changes to the City’s Zoning Ordinance and Specific Plans focused largely in key opportunity areas, as needed to accommodate the City’s assessed share of the regional housing need, specifically at Downtown, Lighthouse, North Fremont, and Pacific/Munras/Cass and Garden Road areas, mostly located in the center of the Planning Area, with less forested hills and steep terrain. However, there are pockets of landslide susceptibility throughout the upland areas in the south and southwest of the City near Highway 68 and Fort Ord areas, with an area of high landslide susceptibility in the hills near Fisherman's Flats Greenbelt.

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Implementation of the Proposed Project could permit development in pockets of high landslide susceptibility, as well as downslope from moderate landslide susceptibility areas, and as such, could expose people and structure to risk in the event of flooding or landslides following a wildfire event. As such, development pursuant to the Proposed Project would comply with the provisions of the Monterey City Code that establishes NPDES stormwater requirements for erosion control, enforces hillside improvement standards, and requires implementation of stormwater and sediment controls. Therefore, there is no new information identifying new significant effects and the proposed project would not introduce impacts or create more severe impacts than those identified in the previous EIR. No additional analysis is required. e) Cumulative Impacts
Summary of Monterey 2031 General Plan Update EIR
The previous EIR noted the cumulative geographic context for wildfire consists of sites within the Planning Area and nearby properties in the immediate vicinity. The Monterey 2031 General Plan would generate an increase in daily trips, which may have an impact on emergency access and may conflict with the County’s adopted emergency response and evacuation plans. However, any development must be constructed in accordance with federal, state, regional, and local requirements, which are intended to ensure the safety of county residents and structures to the extent feasible. The previous EIR noted compliance with these standard regulations would be consistent with the City’s Emergency Operations Plan and Monterey County’s Emergency Operations Plan. Further, implementation of the Safety Element, which includes policies associated with wildfire risk and evacuation would further reduce risks. Even so, the highway onramps are part of the State transportation network, under the jurisdiction of Caltrans. Caltrans does not currently have a plan or funding in place to temporarily increase capacity at constrained locations. Thus, implementation of the Monterey 2031 General Plan may impair an emergency response or emergency evacuation plan; as such, there would be a cumulatively considerable impact.

Further, while the projected population in the Planning Area would increase the number of people potentially exposed to impacts from wildfire, the Monterey 2031 General Plan would not induce substantial unplanned population growth in the Planning Area. New development would be subject to the California Fire Code, which includes safety measures to minimize the threat of fire. A Fire Protection Plan would be required for construction and development in areas designated as Wildland-Urban Interface (WUI), and/or Moderate, High, or Very High Fire Hazard Severity Zone per the City’s Fire Code (Chapter 13, Article 1).

Construction would also be required to meet CBC requirements, including CCR Title 24, Part 2, which includes specific requirements related to exterior wildfire exposure. The Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards. Therefore, the previous EIR concluded compliance with local and state regulations and plans pertaining to wildfire would help reduce impacts regionally; the Monterey 2031 General Plan’s contribution to wildfire risks is not considered cumulatively considerable.

Rezoning Project Analysis and Conclusions
The Proposed Project would also generate an increase in daily trips, which may have an impact on emergency access and may conflict with the County’s adopted emergency response and evacuation plans. However, the Proposed Project implements programs identified and analyzed in the prior EIR and would not permit development in new locations or at greater density or intensity than previously analyzed. In addition, any development must be constructed in accordance with federal, state, regional, and local requirements, ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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which are intended to ensure the safety of county residents and structures to the extent feasible. Further, implementation of the Safety Element, which includes policies associated with wildfire risk and evacuation would further reduce risks. Even so, the highway onramps are part of the State transportation network, under the jurisdiction of Caltrans. Caltrans does not currently have a plan or funding in place to temporarily increase capacity at constrained locations. Thus, implementation of the Proposed Project may impair an emergency response or emergency evacuation plan; as such, there would be a cumulatively considerable impact with impacts equivalent as those identified in the prior EIR.

Further, while the projected population in the Planning Area would increase the number of people potentially exposed to impacts from wildfire, the Proposed Project would not induce substantial unplanned population growth in the Planning Area. Development pursuant to the Proposed Project would consist on infill and high-density development in already urbanized areas. As detailed in the previous EIR, compliance with local and state regulations and plans pertaining to wildfire would help reduce impacts regionally; the Proposed Project’s contribution to wildfire risks is not considered cumulatively considerable. Given that the Proposed Project would not introduce new cumulative impacts or create more severe cumulative impacts than those identified in the previous EIR, no additional analysis is required.

APPLICABLE MITIGATION MEASURES
MM-WF-1: Traffic Volume Mitigation. Caltrans shall implement the following measures to increase capacity and improve vehicle flow at locations projected to have a high volume-to-capacity ratio in the event of an emergency evacuation:
• Mitigate congestion and delay at the interchanges of Fremont Street-Highway 1 and Soledad Drive-Highway 1 by temporarily widening highway ramps by placing traffic cones to indicate two lanes to accommodate a higher volume of evacuating vehicles. • Deploy adaptive traffic signal control systems that dynamically respond to realtime traffic conditions at Fremont Street-Highway 1 interchange, giving priority to evacuation traffic and improving the efficiency of traffic flow during emergencies.

MM WF-2: Underground Utility District. The City shall adopt an underground utility district applicable to areas within the Highway 68 Area Plan and the Fort Ord Reuse Area that are identified on Map 3-14 Sites Available for Housing of the Housing Element and that are both adjacent to and within 1,000 linear feet of a VHFHSZ designated by the California Department of Forestry and Fire Protection. The underground utility district shall require that all new electrical poles, overhead wires, and associated overhead structures be installed underground in order to reduce wildfire risks and promote public safety.

CONCLUSION
There is no new information identifying new significant effects, nor is there an increase in the severity of previously identified impacts or new checklist questions related to wildfires. The conclusions from the previous EIR remain unchanged when considering the implementation of the Proposed Project.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
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4. List of Preparers
A list of contributing City staff and consultant team members, their titles, and affiliations, is provided below.

City of Monterey
• Kimberly Cole, Community Development Director
• Levi Hill, Planning Manager
• Christy Sabdo, Principal Planner
Consultants
Dyett and Bhatia
• Andrew Hill, Principal
• Karen Chavez, Planner
• Clare Kucera, Associate
• Isha Bhattarai, Senior GIS Specialist
• Jason Castaneda, GIS Specialist
• Mia Flynn, Project Assistant
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Tribal Consultation Letters
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 179, Packet Page 246 August 30, 2024
Costanoan Rumsen Carmel Tribe
P.O. Box 29352
San Francisco, CA 94129
Re: Native American and Tribal Consultation under SB 18 Dear Costanoan Rumsen Carmel Tribe:

The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

Subsequently, on August 5, 2024, the City submitted the adopted Housing Element to the California Department of Housing and Community Development for a statutory 60-day review and ultimately certification of the Housing Element. The Housing Action Plan within the adopted Housing Element includes programs that require adoption before December 31, 2024. The City intends to begin implementation of the following Housing Action Plan programs that involve updates to the City’s Specific Plans:
• Program 1-C, Focused Specific Plan Updates
This program will update adopted specific plans with the intention of integrating new high density housing into three key commercial areas with good access to employment, shopping, transit, recreations, and other services: Downtown, North Fremont, and Lighthouse Avenue, specifically:
• Amend the North Fremont Specific Plan to increase maximum permitted density to 60 du/ac; revise development standards (including standards for building height, setbacks, parking) to integrate higher density product, establish appropriate transitions to adjacent lower density development, and ensure the projected yield of new units can be achieved; permit residential uses “by right” without discretionary review per Government Code 65583.2 (h) and (i) on sites identified to accommodate a lower income RHNA shortfall when at least 20 percent of the proposed units are affordable to lower income households; and require that residential uses occupy at least 50 percent of the total floor area of a mixed-use project if proposed;
• Amend the Downtown Specific Plan to increase permitted building heights to five stories in the Alvarado District; offer municipal shared parking agreements to projects that propose a minimum number of new housing units in proximity to a City-owned parking lot or structure; and incorporate additional incentives for consolidation of adjacent, small lots; • Amend the Lighthouse Avenue Specific Plan to permit 100 percent residential projects fronting Lighthouse Avenue; offer municipal shared parking agreements to projects that propose a minimum number of new housing units in proximity to a City-owned parking lot or structure; and incorporate additional incentives for consolidation of adjacent, small lots.

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Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 180, Packet Page 247 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

This program will revise the City’s Specific Plans to be consistent with new State laws pertaining to density bonuses that were enacted in 2023. • Program 3-C, Local Density Bonus
This program will enact a local density bonus program that offers additional density over the maximum base permitted in the Monterey City Code as an incentive for projects that consolidate small, adjacent lots and/or develop 2- and 3-bedroom units; and/or commit to additional Moderate-Income units over and above any provision of such units required under the City’s Inclusionary Zoning Program. Additional building height up to six stories would be available through the program for qualifying projects as needed to support a higher share of 2- and 3-bedroom units in the Alvarado District downtown. The local density bonus program would complement additional density available to qualifying projects under State Density Bonus law with the objective of addressing particular local constraints and needs. The prevalence of parcels less than 0.5 acres in size in centrally located parts of the city is a constraint on infill development and the city has a relatively high rate of overcrowding, due in part to the fact that a disproportionate share of large households live in poverty.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 181, Packet Page 248 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

This letter serves to invite consultation in accordance with California Government Code Sections 65352.3 – 65352.4 per Senate Bill 18 (SB 18). SB 18 requires local governments to conduct meaningful consultation with California Native American tribes prior to adopting an update to Specific Plans for the purpose of protecting, or mitigating impacts to, cultural places.

Your input is important to the City’s planning process. Please advise the City in writing if you wish to initiate consultations with the City on the Project. Under the provisions of SB 18, you have 90 days from the date of this notice to advise the City if you are interested in further consultation on the Project. After your written request is received, we will contact you as soon as possible to begin the consultation process.

If the City does not receive a written request within 90 calendar days, we will conclude that the invitation to consult has been declined. This notification does not limit the ability of the Tribe to submit information to the City or comment on the environmental review document when that is available later in the process.

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 182, Packet Page 249 August 30, 2024
Tom Little Bear Nason
P. O. Box 95
Carmel Valley, CA, 93924
Re: Native American and Tribal Consultation under SB 18 Dear Chairman Nason,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 183, Packet Page 250 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 184, Packet Page 251 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 185, Packet Page 252 August 30, 2024
Isaac Bojorquez
PO Box 541
Esparto, CA, 95627
Re: Native American and Tribal Consultation under SB 18 Dear Mr. Bojorquez,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 186, Packet Page 253 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 187, Packet Page 254 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 188, Packet Page 255 August 30, 2024
Valentin Lopez
P.O. Box 5272
Galt, CA, 95632
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Lopez,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 189, Packet Page 256 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 190, Packet Page 257 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 191, Packet Page 258 August 30, 2024
Louise Miranda-Ramirez
P.O. Box 1301
Monterey, CA, 93942
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Louise Miranda-Ramirez,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 192, Packet Page 259 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 193, Packet Page 260 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 194, Packet Page 261 August 30, 2024
Chairman Patrick Orozco
644 Peartree Drive
Watsonville, CA, 95076
Re: Native American and Tribal Consultation under SB 18 Dear Chairman Orozco,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 195, Packet Page 262 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 196, Packet Page 263 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 197, Packet Page 264 August 30, 2024
Kanyon Sayers-Roods
1615 Pearson Court
San Jose, CA, 95122
Re: Native American and Tribal Consultation under SB 18 Dear Ms. Sayers-Roods,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 198, Packet Page 265 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 199, Packet Page 266 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 200, Packet Page 267 August 30, 2024
Ann Marie Sayers
P.O. Box 28
Hollister, CA, 95024
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Sayers,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 201, Packet Page 268 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 202, Packet Page 269 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 203, Packet Page 270 August 30, 2024
Kenneth Woodrow
1179 Rock Haven Ct.

Salinas, CA, 93906
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Woodrow,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 204, Packet Page 271 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 205, Packet Page 272 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 206, Packet Page 273 August 30, 2024
Dee Dee Ybarra
14671 Farmington Street
Hesperia, CA, 92345
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Ybarra,
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 207, Packet Page 274 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 208, Packet Page 275 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 209, Packet Page 276 August 30, 2024
Irene Zwierlein
3030 Soda Bay Road
Lakeport, CA, 95453
Re: Native American and Tribal Consultation under SB 18 Dear Chairperson Zwierlein
The City of Monterey Housing Element was adopted by the City Council on July 16, 2024.

ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 210, Packet Page 277 • When adequate water supply becomes available establish a minimum density standard of 20 du/ac in the specific plan areas.
• Program 1-D, Permit Streamlining Pilot Project
This program will adopt an ordinance to fast-track infill housing development in core areas of the city identified for high density housing when adequate water becomes available. The ordinance will:
• Allow housing projects by-right in portions of the Downtown and Pacific/Munras/Cass areas with concentrations of housing opportunity sites; • Delegate design review to the City staff with the exception of properties in the National Landmark Historic District; • Establish expedited permitting procedures to reduce the time required for review and approval of planning, engineering, and building permits; • Remain in force for a period of three years from the date it becomes effective, unless otherwise amended by subsequent action of the City Council. • Program 2-E, Revise Parking Requirements
The City will revise parking requirements within Specific Plans to remove minimum requirements for all projects located within one half mile of a major transit stop or highquality transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours and reduce the minimum parking requirements for multi-units buildings to an average maximum of 1.5 spaces per bedroom and 1 space for studio unit for projects located within one half mile of other major public transit routes. In addition, the City should reduce the base parking requirements for mixed-use sites so that they reflect the maximum demand for parking at any one time, rather than the sum of the requirements for all individual uses.
• Program 2-F, Update Density Bonus Ordinance.

The Adopted Housing Element can be found at the following City website:
https://haveyoursaymonterey.org/monterey2031 (See 2023-2031 Adopted Housing Element Submitted to HCD in the news feed dated August 5, 2024) ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 211, Packet Page 278 Implementation of these Housing Element programs covers three specific plan areas: Downtown Specific Plan, Lighthouse Specific Plan, and North Fremont Specific Plan (Figures 1, 2, and 3).

Kindest Regards,
Christy Sabdo, Senior Associate Planner
City of Monterey
Tel. 831-646-3758
[email protected]
Attachments: 1. Downtown Specific Plan Planning Area

2. Lighthouse Specific Plan Planning Area

3. North Fremont Specific Plan Planning Area
ATTACHMENT 1 / COUNCIL RESO 1 EXHIBIT A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 212, Packet Page 279 RESOLUTION NO. __

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTEREY №07/19

RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION ACCEPTING THE

CEQA REVIEW ENVIRONMENTAL CHECKLIST AND PLANNING OFFICE DETERMINATION THAT IMPLEMENTATION OF HOUSING ELEMENT PROGRAMS 1-B, 1- C, 1-L, 2-A, 2-F, AND 3-C ARE CONSISTENT WITH AND WITHIN THE SCOPE OF THE MONTEREY 2031 GENERAL PLAN EIR (SCH# 2023080034) IN ACCORDANCE WITH CEQA ARTICLE 11, SECTION 15168
WHEREAS, on July 16, 2024, the City Council adopted the Monterey 2031 General Plan update including adoption of the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law. The Housing Element contained goals, updated information, and strategic directions (policies and implementing actions) that the City committed to undertaking;
WHEREAS, consistent with Section 15168 of the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared that provided a programmatic analysis of the environmental impacts associated with implementation of the goals, policies, and actions and the projected buildout of the Monterey 2031 General Plan update. The EIR evaluated potentially significant environmental impacts associated with the adoption and implementation of the General Plan update. The Program EIR examined the potential effects resulting from implementing the designated land uses and policies included in the General Plan update. The impact assessment evaluated the General Plan update as a whole and identified the broad, regional effects that may occur with its implementation;
WHEREAS, based on the analysis contained in the EIR, the City determined that the Monterey 2031 General Plan update could result in impacts that are less than significant if mitigation measures are implemented for the following impacts: biological resources; cultural, historic and tribal cultural resources; geology, soils, and seismicity; hazards and hazardous materials; public services; and wildfire. Mitigation Measures to address these impacts were incorporated into the EIR;
WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues; WHERAS, the City is statutorily required to implement rezoning actions necessary to accommodate a shortfall of housing sites per Government Code section 65583.2(h) by December 15, 2024;
WHEREAS, the City has prepared a series of amendments to the Monterey City Code and to the North Fremont, Downtown, and Lighthouse Specific Plans to implement Housing Element Programs 1-B, 1-C, 1-L, 2-A, 2-F, and 3-C (“Proposed Project”); Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 213, Packet Page 280 2 WHEREAS, the Planning Commission, at a properly noticed public hearing on December 3, 2024, carefully considered all of the information presented to it, including the Agenda Report and information submitted at the public hearing by interested persons; and, WHEREAS, the City of Monterey Planning Office has prepared a CEQA Review Environmental Checklist and has determined that there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends the City Council adopt a resolution accepting the CEQA Review Environmental Checklist, set forth in Attachment 1 to the December 3, 2024 agenda report and incorporated by reference herein, and Planning Office Determination that implementation of the Housing Element Programs 1-B, 1-C, 1-L, 2-A, 2-F, and 3-C are consistent with and within the scope of the Monterey 2031 General Plan EIR (SCH# 2023080034) in accordance with CEQA Article 11, Section 15168.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY this _____ day of _______, 2024, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED:

ATTEST:

Planning Commission Chair
Planning Manager
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 214, Packet Page 281 RESOLUTION NO. __

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTEREY №07/19

RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE

LAND USE REGULATIONS AND DEVELOPMENT STANDARDS INCLUDING

HEIGHT, DENSITY, SETBACKS, AND PARKING REQUIREMENTS IN THE NORTH

FREMONT, DOWNTOWN, AND LIGHTHOUSE SPECIFIC PLANS
WHEREAS, on July 16, 2024, the City Council adopted the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law to respond to current and near-term future housing needs in the City of Monterey and to provide a framework for the community’s longer-term approach to addressing its housing needs. The Housing Element contains goals, updated information, and strategic directions (policies and implementing actions) that the City is committed to undertaking; WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues.

WHEREAS, Housing Action Plan Program 1-C, Focused Specific Plan Updates, requires:
1) the incorporation of strategies that facilitate and incentivize development by assisting with the financial feasibility of high density infill housing development, including amended densities and development standards, in the North Fremont, Downtown, and Lighthouse Specific Plans; and
2) additional amendments to permit residential uses by-right pursuant to Government Code section 65583.2(h) and (i) on sites identified to accommodate a lower income RHNA shortfall when at least 20 percent of the proposed units are affordable to lower income households.

The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends that the City Council adopt a resolution amending the North Freemont, Downtown, and Lighthouse specific plans as follows:

Amend the North Fremont Specific Plan:
1) Amend Use table to permit a maximum residential density of 60 du/ac and allow mixeduse developments as follows:

EXCERPT FROM NORTH FREMONT SPECIFIC PLAN (Page 50)
Uses P – Permitted C – Conditionally Permitted
Use Standards Fronting North
Fremont***
Fronting Side Streets or
Fairgrounds Road
Fronting Bruce
Lane or Kolb
Assembly - Major C P C
Assembly – Minor, First floor P P P
Assembly Minor, above first floor P P C
Food & Beverage Sales - Major C C C
Food & Beverage Sales - Minor P P C
Mixed-Use Development P** P** P**
Park and Recreation Facilities P P P
Parking Area - Public C C C
Parking - Subgrade C C C
Residential, Major - first floor P* P* P*
Residential, Major - above first floor P* P* P*
Retail sales - Major P P C
Retail sales - Minor P P C
Restaurant - Major P P C
Restaurant - Minor P P C
Seating outside - Incidental, major P C C
Service - Minor, first floor P P C
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 216, Packet Page 283 3 Service - Minor, above first floor P P C
Temporary uses P P P
Utility, Major C C C
Utility, Minor P P P
Visitor Accommodation Facility As allowed in City Code
* Maximum Density 60 Dwelling Units per Acre
** Residential uses shall occupy at least 50 percent of the total floor area of a mixed-use project. Max Density 60 du/acre *** Fronting North Fremont - properties having at least one frontage on North Fremont.

2) Amend the Building Design, Mass, and Scale standards on page 62 to read as follows:

S.3.1. Maximum Building Height*:

Character Area Max. Height
- Village Center: 45 feet
- Neighborhood Commercial: 45 feet
- Visitor Serving: 50 feet
*Maximum Building Height is subject to further restrictions as identified in Standard S.3.2.

S.3.2. Height Restricted Buffer Zones:
- Bruce Lane Buffer Zone A: Structures located within 15 feet of Bruce Lane Right of Way shall have a maximum permitted height of 25 feet.
- Bruce Lane Buffer Zone B: Structures located within 25 feet of Bruce Lane Right of Way shall have a maximum permitted height of 40 feet.
- R-1 Buffer Zone: Structures located within 25 feet of an immediately adjacent R-1 zoned property shall have a maximum permitted height of 35 feet. - R-3 Buffer Zone: Structures located within 15 feet of an immediately adjacent R-3 zoned property shall have a maximum permitted height of 35 feet. - Airport Safety Zone Buffer: Structures located in an Airport Safety Zone as identified in the Monterey Airport Land Use Compatibility Plan shall have a maximum height of 35 feet unless additional height is approved by the Airport Land Use Commission.

S.3.3. To qualify as a Transit Priority Project (TPP), the project must comply with the definition of TPP contained in the California Environmental Quality Act.

Correct clerical error in the first paragraph of the text box on page 62 to change the word “meet” to “meets”.
3) Amend the Site Planning, General Standards beginning on page 51 as follows:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 217, Packet Page 284 4 S.2.1. Maximum site coverage: 100 percent.

S.2.2. Locate all building entries at street level.

S.2.3. Projects on through lots between North Fremont Avenue and Fairgrounds Road, and corner lots shall provide a building face to both streets.

S.2.4. Minimum Setbacks:
- Projects fronting North Fremont Street shall be predominantly built to the back of sidewalk, with the exception of projects that front Bruce Lane. Where the sidewalk along North Fremont is less than twelve (12) feet in width, an adequate additional setback shall be provided to increase sidewalk width to twelve (12) feet. As properties redevelop along Bruce Lane, construction of a sidewalk along Bruce Lane shall be required.
- Projects with frontage on Bruce Lane shall be setback a minimum of fifteen (15) feet from Bruce Lane. (See Building Design, Mass, and Scale standard S.3.1 for additional height and setback restrictions.)
- Minimum setback of 15 feet is required from any R-1 or R-3 zoned property. - Minimum front and corner side yard setbacks for buildings with ground floor residential uses shall be five (5) feet, but no greater than ten (10) feet. Stairs, landings, patios, unenclosed porches and architectural entry features, landscaping and similar features may occupy such yards.
- Rear setback of 15 feet for structures and buildings.

S.2.5. Noise impacts, as defined by the City Code and General Plan shall be avoided. If a project has the potential to negatively impact an adjacent residence, a noise study shall be prepared that identifies potential impacts and mitigation measures that would reduce such impacts.
4) Amend Site Planning, Parking Standard S.2.10.2 on page 59 as follows:

S.2.10.2 Residential: 1 space per unit. Each unit shall have assigned spaces. 5) Amend the Administration, Development Review Process on page 60 to add an Administrative Review section below “Tier Two Review” to read as follows:

Administrative Review of Qualified Housing Projects. Developments meeting the following criteria shall qualify for the Administrative Approval Process as provided in Article 25, Section 38-189.B of the Monterey City Code:

1. At least 20 percent of all residential units with the proposed development project are provided at affordability levels for Low and Very Low income households in accordance with Government Code 65583.2(h) and (i).

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 218, Packet Page 285 5 2. The proposed development project is found to be in compliance with the explicit standards for development applicable to the subject site.

Amend the Downtown Specific Plan:
1) Amend Site Planning, General Standard S.2.1 on page 70 to read as follows:

S.2.1. 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
- Projects that consolidate small, adjacent lots may qualify for the local density bonus incentives pursuant to Sec. 38-112.5 of the Monterey City Code. 2) Amend Building Design, Mass, and Scale standard S.3.1 on page 78 to read as follows:

S.3.1. Maximum Stories*:
 Alvarado District –5 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
Note: Visitor Accommodation Facility zoned properties
shall be subject to development standards set forth in
City Code Chapter 38 and City Charter Section 8.1.
* See definition of a “story” in Chapter 11
Amend the Lighthouse Specific Plan:
1) Amend the use table to permit 100 percent residential developments and allow residential uses on the ground floor as follows:

EXCERPT FROM LIGHTHOUSE SPECIFIC PLAN (Page 48)
Uses Lighthouse Avenue
Character Area
Foam Street
Character Area
801 Lighthouse
Avenue
321 Foam
Street
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
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 219, Packet Page 286 6 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)
P* P*
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
Utility - Minor P P
Visitor Accommodation Facility As allowed in the City Charter and City Code
Development on the
Hawthorne Street
side of this parcel -
Refer to Multifamily
Residential (R-3)
uses in the Zoning
Code. All other
development
standards and
guidelines in the
Specific Plan apply.

Development on
this parcel - Refer
to Open Space
(O) uses in the
Zoning Code. All
other development
standards and
guidelines in the
Specific Plan apply.
1 Outdoor seating not associated with dining (such as plaza benches) does not require a Use Permit. Outdoor seating on City property that is not associated with dining will require an encroachment permit.
2 Parking in front of buildings is not permitted.
* Maximum Density 30 Dwelling Units per Acre.

P – Permitted C – Conditionally Permitted
2) Amend Site Planning, Parking standards S.2.8 to read as follows:

S.2.8. Parking Requirements:
 Commercial two spaces per 1,000 GSF
 Residential: one space per unit
 Parking may be shared between:
-different uses within a single mixed-use building;
- residential buildings and an off-site parking facility, provided that the offsite facility is within 500 feet of the building entrance; and - non-residential buildings and an offsite parking facility, provided that the off-site facility is within 1,250 feet of the building entrance.  Off-site shared parking located further than 1,250 feet of the building entrance should be considered at the discretion of staff, so long as there is documentation that reasonable provision has been made to allow off-site parkers to access the principal use (e.g. a shuttle bus, valet parking service, free transit passes, etc.) Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 220, Packet Page 287 7  Parking space requirements for residential projects may be met with a municipal shared parking agreement when projects proposing 30 du/acre are located within 500 feet of a City-owned parking lot or structure.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY this 3rd day of December, 2024, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED:

ATTEST:

Planning Commission Chair
Planning Manager
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 221, Packet Page 288 RESOLUTION NO. __

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTEREY №07/19

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO ADD A

REGIONAL HOUSING NEEDS ASSESSMENT OVERLAY DISTRICT (RHNAOD), AMEND

THE MULTIFAMILY OVERLAY DISTRICT LAND USE REGULATIONS AND DEVELOPMENT

STANDARDS, REZONE PROPERTIES TO BE INCLUDED IN THE MULTIFAMILY RESIDENTIAL AND RHNAOD, REZONE 1200 AGUAJITO ROAD, AND AMEND

ARCHITECTURAL REVIEW PROCEDURES
WHEREAS, on July 16, 2024, the City Council adopted the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law to respond to current and near-term future housing needs in the City of Monterey and to provide a framework for the community’s long-term approach to addressing its housing needs. The Housing Element contains goals, updated information, and strategic directions (policies and implementing actions) that the City is committed to undertaking;
WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues; WHEREAS, Housing Action Plan Program 1-B, Multifamily Residential Overlay, prescribes amendments to the Multifamily Residential Overlay District to further facilitate housing development;
WHEREAS, Housing Action Plan Program 1-L directs the City to rezone the former Monterey County Courthouse site at 1200 Aguajito Road to promote redevelopment to multifamily housing at densities deemed affordable to lower income households; WHEREAS, Housing Action Plan Program 2-A directs the City to allow developments by-right pursuant to Government Code section 65583.2(h) and (i) when 20% or more of the residential units are affordable to lower income households for sites identified on previous housing element sites inventories;
WHEREAS, the Planning Commission, at a properly noticed public hearing on December 3, 2024, carefully considered all of the information presented to it, including the Agenda Report and information submitted at the public hearing by interested persons; and, WHEREAS, the City of Monterey Planning Office has prepared a CEQA Review Environmental Checklist, incorporated by reference herein, and has determined that there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 222, Packet Page 289 2 alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends the City Council adopt an ordinance amending Monterey City Code Chapter 38, Article 2, Section 38.6C to add a Regional Housing Needs Assessment Overlay District, amending Monterey City Code, Article 16C, Multifamily Residential Overlay District, adding Article 16E – Regional Housing Needs Assessment Overlay District, rezoning properties to be included in the Multifamily Residential Overlay and Regional Housing Needs Assessment Overlay Districts, rezoning the property at 1200 Aguajito Road from R-1-15-D1 to R-3-MF3, and amending Monterey City Code, Chapter 38, Article 25, Section 189, Review Procedures as shown on Attachment 8 to the December 3, 2024 agenda report and incorporated by reference herein, and based on the following findings:

1. The amendments are consistent with the purposes of the General Plan, the purposes of the Municipal Code, and other applicable City ordinances.

2. The facts set forth in the recitals in this Resolution are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony, and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution.

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

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED:

ATTEST:

Planning Commission Chair
Planning Manager
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 223, Packet Page 290 RESOLUTION NO. __

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTEREY №07/19

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING MONTEREY CITY CODE CHAPTER 38, SECTION 38-112.5 DENSITY BONUS TO COMPLY

WITH STATE HOUSING LAW AND TO ESTABLISH LOCAL DENSITY BONUS

INCENTIVES FOR QUALIFYING HOUSING PROJECTS
WHEREAS, Section 65915 et seq. of the California Government Code, known as State Density Bonus Law, requires a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city containing affordable and other types of housing with a density bonus and other incentives;
WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented;
WHEREAS, the City's Housing Element, which was adopted July 16, 2024 and subsequently found in compliance with housing element law on October 4, 2024 by the California Department of Housing and Community Development, provides that the City will update its density bonus ordinance to incorporate new requirements under State Density Bonus Law and to enact a local development bonus program that offers additional incentives for projects meeting certain local objectives;
WHEREAS, the Planning Commission (PC), at a properly noticed public hearing on December 3, 2024, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance; and WHEREAS, based on the CEQA Review Environmental Checklist, accepted by the City Council by resolution on December 3, 2024 and incorporated by reference herein, there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends the City Council adopt an ordinance amending Monterey City Code Chapter 38, section 38-112.5 Density Bonus to comply with State law and to establish Local Density Bonus incentives for qualifying housing projects as shown in Attachment 9 to the December 3, 2024 agenda report, incorporated by reference herein, and based on the following findings:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 224, Packet Page 291 2 1. The amendments are consistent with the purposes of the General Plan, the purposes of the Municipal Code, and other applicable City ordinances.

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

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED:

ATTEST:

Planning Commission Chair
Planning Manager
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 225, Packet Page 292 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

ACCEPTING THE CEQA REVIEW ENVIRONMENTAL CHECKLIST AND PLANNING

OFFICE DETERMINATION THAT IMPLEMENTATION OF HOUSING ELEMENT PROGRAMS 1-B, 1-C, 1-L, 2-A, 2-F, AND 3-C ARE CONSISTENT WITH AND WITHIN THE SCOPE OF THE MONTEREY 2031 GENERAL PLAN EIR (SCH# 2023080034) IN ACCORDANCE WITH CEQA ARTICLE 11, SECTION 15168
WHEREAS, on July 16, 2024, the City Council adopted the Monterey 2031 General Plan update including adoption of the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law. The Housing Element contained goals, updated information, and strategic directions (policies and implementing actions) that the City committed to undertaking;
WHEREAS, consistent with Section 15168 of the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared that provided a programmatic analysis of the environmental impacts associated with implementation of the goals, policies, and actions and the projected buildout of the Monterey 2031 General Plan update. The EIR evaluated potentially significant environmental impacts associated with the adoption and implementation of the General Plan update. The Program EIR examined the potential effects resulting from implementing the designated land uses and policies included in the General Plan update. The impact assessment evaluated the General Plan update as a whole and identified the broad, regional effects that may occur with its implementation;
WHEREAS, based on the analysis contained in the EIR, the City determined that the Monterey 2031 General Plan update could result in impacts that are less than significant if mitigation measures are implemented for the following impacts: biological resources; cultural, historic and tribal cultural resources; geology, soils, and seismicity; hazards and hazardous materials; public services; and wildfire. Mitigation Measures to address these impacts were incorporated into the EIR;
WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues; WHERAS, the City is statutorily required to implement rezoning actions necessary to accommodate a shortfall of housing sites per Government Code section 65583.2(h) by December 15, 2024;
WHEREAS, the City has prepared a series of amendments to the Monterey City Code and to the North Fremont, Downtown, and Lighthouse Specific Plans to implement Housing Element Programs 1-B, 1-C, 1-L, 2-A, 2-F, and 3-C (“Proposed Project”); WHEREAS, the City of Monterey Planning Office has prepared a CEQA Review Environmental Checklist (Exhibit A) and has determined that there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 226, Packet Page 293 undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR.

WHEREAS, at a public hearing on December 3, 2024, the Planning Commission considered and recommended the City Council accept the Planning Office environmental determination;
WHEREAS, on December 3, 2024, the City Council conducted a duly and property noticed public hearing, reviewed and considered the information presented, and took public comment;

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

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby accepts the CEQA Review Environmental Checklist, Exhibit A, and Planning Office Determination that implementation of the Housing Element Programs 1-B, 1-C, 1-L, 2-A, 2-F, and 3-C are consistent with and within the scope of the Monterey 2031 General Plan EIR (SCH# 2023080034) in accordance with CEQA Article 11, Section 15168.

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, 12/3/2024, Item No. 8., Item Page 227, Packet Page 294 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

AMENDING THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS

INCLUDING HEIGHT, DENSITY, SETBACKS, AND PARKING REQUIREMENTS IN THE

NORTH FREMONT, DOWNTOWN, AND LIGHTHOUSE SPECIFIC PLANS
WHEREAS, on July 16, 2024, the City Council adopted the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law to respond to current and near-term future housing needs in the City of Monterey and to provide a framework for the community’s longer-term approach to addressing its housing needs. The Housing Element contains goals, updated information, and strategic directions (policies and implementing actions) that the City is committed to undertaking.

WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues; WHEREAS, Housing Action Plan Program 1-C, Focused Specific Plan Updates, requires:
1) the incorporation of strategies that facilitate and incentivize development by assisting with the financial feasibility of high density infill housing development, including amended densities and development standards, in the North Fremont, Downtown, and Lighthouse Specific Plans; and
2) additional amendments to permit residential uses by-right pursuant to Government Code section 65583.2(h) and (i) on sites identified to accommodate a lower income RHNA shortfall when at least 20 percent of the proposed units are affordable to lower income households.

WHEREAS, the City has adopted specific plans with the intention of integrating new high density housing into three key commercial areas with good access to employment, shopping, transit, recreation, and other services, and these are the Downtown, North Fremont, and Lighthouse Specific Plans;
WHEREAS, the City advised tribes about the opportunity for consultation on this proposed specific plan amendment as required by Government Code section 65352.3; WHEREAS, at a public hearing on December 3, 2024, the Planning Commission considered and recommended the amendments to the Specific plan set forth herein below; WHEREAS, based on the CEQA Review Environmental Checklist, prepared by the City of Monterey Planning office, and accepted by the City Council by resolution on December 3, 2024 and incorporated by reference herein, there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 228, Packet Page 295 Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

WHEREAS, on December 3, 2024, the City Council conducted a duly and property noticed public hearing, reviewed and considered the information presented, and took public comment;

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby amends the North Freemont, Downtown, and Lighthouse specific plans as follows:

Amend the North Fremont Specific Plan:
1) Amend Use table to permit a maximum residential density of 60 du/ac and allow mixeduse developments as follows:

EXCERPT FROM NORTH FREMONT SPECIFIC PLAN (Page 50)
Uses P – Permitted C – Conditionally Permitted
Use Standards Fronting North
Fremont***
Fronting Side Streets or
Fairgrounds Road
Fronting Bruce
Lane or Kolb
Assembly - Major C P C
Assembly – Minor, First floor P P P
Assembly Minor, above first floor P P C
Food & Beverage Sales - Major C C C
Food & Beverage Sales - Minor P P C
Mixed-Use Development P** P** P**
Park and Recreation Facilities P P P
Parking Area - Public C C C
Parking - Subgrade C C C
Residential, Major - first floor P* P* P*
Residential, Major - above first floor P* P* P*
Retail sales - Major P P C
Retail sales - Minor P P C
Restaurant - Major P P C
Restaurant - Minor P P C
Seating outside - Incidental, major P C C
Service - Minor, first floor P P C
Service - Minor, above first floor P P C
Temporary uses P P P
Utility, Major C C C
Utility, Minor P P P
Visitor Accommodation Facility As allowed in City Code
* Maximum Density 60 Dwelling Units per Acre
** Residential uses shall occupy at least 50 percent of the total floor area of a mixed-use project. Max Density 60 du/acre *** Fronting North Fremont - properties having at least one frontage on North Fremont.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 229, Packet Page 296 2) Amend the Building Design, Mass, and Scale standards on page 62 to read as follows:

S.3.1. Maximum Building Height*:

S.3.3. To qualify as a Transit Priority Project (TPP), the project must comply with the definition of TPP contained in the California Environmental Quality Act.

Correct clerical error in the first paragraph of the text box on page 62 to change the word “meet” to “meets”.
3) Amend the Site Planning, General Standards beginning on page 51 as follows:

S.2.1. Maximum site coverage: 100 percent.

S.2.2. Locate all building entries at street level.

S.2.3. Projects on through lots between North Fremont Avenue and Fairgrounds Road, and corner lots shall provide a building face to both streets.

S.2.4. Minimum Setbacks:
- Projects fronting North Fremont Street shall be predominantly built to the back of sidewalk, with the exception of projects that front Bruce Lane. Where the sidewalk along North Fremont is less than twelve (12) feet in width, an adequate additional setback shall be provided to increase sidewalk width to twelve (12) feet. As properties redevelop along Bruce Lane, construction of a sidewalk along Bruce Lane Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 230, Packet Page 297 shall be required.
- Projects with frontage on Bruce Lane shall be setback a minimum of fifteen (15) feet from Bruce Lane. (See Building Design, Mass, and Scale standard S.3.1 for additional height and setback restrictions.)
- Minimum setback of 15 feet is required from any R-1 or R-3 zoned property. - Minimum front and corner side yard setbacks for buildings with ground floor residential uses shall be five (5) feet, but no greater than ten (10) feet. Stairs, landings, patios, unenclosed porches and architectural entry features, landscaping and similar features may occupy such yards.
- Rear setback of 15 feet for structures and buildings.

2. The proposed development project is found to be in compliance with the explicit standards for development applicable to the subject site.

Amend the Downtown Specific Plan:
1) Amend Site Planning, General Standard S.2.1 on page 70 to read as follows:

S.3.1. Maximum Stories*:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 231, Packet Page 298  Alvarado District - 5 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
Note: Visitor Accommodation Facility zoned properties shall be subject to development standards set forth in City Code Chapter 38 and City Charter Section 8.1. * See definition of a “story” in Chapter 11
Amend the Lighthouse Specific Plan:
1) Amend the use table to permit 100 percent residential developments and allow residential uses on the ground floor as follows:

EXCERPT FROM LIGHTHOUSE SPECIFIC PLAN (Page 48)
Uses Lighthouse Avenue
Character Area
Foam Street
Character Area
801 Lighthouse
Avenue
321 Foam
Street
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)
P* P*
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
Utility - Minor P P
Visitor Accommodation Facility As allowed in the City Charter and City Code
Development on the
Hawthorne Street
side of this parcel -
Refer to Multifamily
Residential (R-3)
uses in the Zoning
Code. All other
development
standards and
guidelines in the
Specific Plan apply.

Development on
this parcel - Refer
to Open Space
(O) uses in the
Zoning Code. All
other development
standards and
guidelines in the
Specific Plan apply.
1 Outdoor seating not associated with dining (such as plaza benches) does not require a Use Permit 2 Parking in front of buildings is not permitted. Outdoor seating on City property that is not associated with dining will require an encroachment permit.
* Maximum Density 30 Dwelling Units per Acre.

P – Permitted C – Conditionally Permitted
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 232, Packet Page 299 2) Amend Site Planning, Parking standards S.2.8 to read as follows:

S.2.8. Parking Requirements:
 Commercial two spaces per 1,000 GSF
 Residential: one space per unit
 Parking may be shared between:
-different uses within a single mixed-use building;
- residential buildings and an off-site parking facility, provided that the offsite facility is within 500 feet of the building entrance; and - non-residential buildings and an offsite parking facility, provided that the off-site facility is within 1,250 feet of the building entrance.  Off-site shared parking located further than 1,250 feet of the building entrance should be considered at the discretion of staff, so long as there is documentation that reasonable provision has been made to allow off-site parkers to access the principal use (e.g. a shuttle bus, valet parking service, free transit passes, etc.)  Parking space requirements for residential projects may be met with a municipal shared parking agreement when projects proposing 30 du/acre are located within 500 feet of a City-owned parking lot or structure.

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, 12/3/2024, Item No. 8., Item Page 233, Packet Page 300 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№09/24

ADOPTING A ZONING ORDINANCE TO ADD A REGIONAL HOUSING NEEDS

ASSESSMENT OVERLAY DISTRICT (RHNAOD), AMEND THE MULTIFAMILY OVERLAY

DISTRICT LAND USE REGULATIONS AND DEVELOPMENT STANDARDS, REZONE

PROPERTIES TO BE INCLUDED IN THE MULTIFAMILY RESIDENTIAL AND RHNAOD, REZONE 1200 AGUAJITO ROAD, AND AMEND ARCHITECTURAL REVIEW PROCEDURES THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, on July 16, 2024, the City Council adopted the City’s Sixth Cycle Housing Element for the 2023-2031 8-year planning period in compliance with State law to respond to current and near-term future housing needs in the City of Monterey and to provide a framework for the community’s long-term approach to addressing its housing needs. The Housing Element contains goals, updated information, and strategic directions (policies and implementing actions) that the City is committed to undertaking;
WHEREAS, the State of California Housing and Community Development Department certified the Housing Element on October 4, 2024;
WHEREAS, the adopted Housing Element includes a Housing Action Plan that includes a program of actions to address identified needs, constraints, and fair housing issues; WHEREAS, Housing Action Plan Program 1-B, Multifamily Residential Overlay, prescribes amendments to the Multifamily Residential Overlay District to further facilitate housing development;
WHEREAS, Housing Action Plan Program 1-L directs the City to rezone the former Monterey County Courthouse site at 1200 Aguajito Road to promote redevelopment to multifamily housing at densities deemed affordable to lower income households; WHEREAS, Housing Action Plan Program 2-A directs the City to allow developments by-right pursuant to Government Code section 65583.2(h) and (i) when 20% or more of the residential units are affordable to lower income households for sites identified on previous housing element sites inventories;
WHEREAS, the Planning Commission , at a properly noticed public hearing on December 3, 2024, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance rezoning the property;
WHEREAS, based on the CEQA Review Environmental Checklist, accepted by the City Council by resolution on December 3, 2024 and incorporated by reference herein, there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 234, Packet Page 301 supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR.

WHEREAS, on December 3, 2024, the City Council conducted a duly and properly noticed public hearing, reviewed and considered the information presented, and took public comment;
NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: Monterey City Code, Chapter 38, Article 2, Section 38-6(C) is amended to insert the following overlay district designator, name, and article below the Regional Housing Needs Assessment Overlay District 16E:

Base
District +
Designator Base District Name Article
RHNA Regional Housing Needs Assessment Overlay District 16E SECTION 4: Monterey City Code, Chapter 38, section 99.4 is hereby amended to read as follows:
“Sec. 38-99.4. Specific Purposes.

Multifamily Residential Overlay Districts are intended to facilitate the provision of multifamily residential housing development.”
SECTION 5: Monterey City Code, Chapter 38, section 99.5 is hereby amended to read as follows:
“Sec. 38-99.5. Applicability and Zoning Designator.

Multifamily Residential Overlay Districts shall be shown on the zoning map by adding MF to the base district designator. It may be combined in any Commercial (C), Industrial (IR), or Residential Medium Density Multi-Family (R-3) district to the properties shown in Appendix A to the ordinance codified in this article.

1. Multi-family and mixed-use developments are allowed in three Multifamily Residential Overlay districts as follows:
a. MF1: South side of Garden Road area, shown on Appendix A, except that the Multifamily Overlay District shall not be combined with any Visitor Accommodation Facility (VAF) zoning district;
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 235, Packet Page 302 b. MF2: Pacific Street / Munras Avenue / Cass Street area, shown on Appendix A. The MF2 overlay does not apply to any properties in this area with Residential Single-Family (R-1), Open Space (O), or Visitor Accommodation Facility (VAF) zoning designations; and
c. MF3: Aguajito Road area, shown on Appendix A.

SECTION 6: Monterey City Code, Chapter 38, Section 99.6 is hereby amended to read as follows:
“Sec. 38-99.6. Land Use Regulations and Development Standards.

Multifamily residential housing development and Mixed Use development, new construction, and conversion, shall be permitted consistent with this Section. Accessory dwelling units and junior accessory dwelling units may also be allowed in Multifamily Residential Overlay Districts pursuant to Section 38-112.6.

A. Land Use Regulations and Development Standards Applying to All MF Districts.

Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential and mixed-use developments in all Multifamily Residential Overlay Districts.

1. Density. The maximum permitted residential density for the Multifamily Residential Overlay Districts shall be 60 dwelling units per acre. This subsection (A)(1) shall control when there is a conflict with the allowable density permitted by Sec. 38-112.5.

2. Protected Trees. Protected trees existing on the project site at the time of application shall be preserved unless a Tree Removal Permit is issued as set forth in Chapter 37 of the City Code. Replacement tree(s) shall be provided onsite at a 2:1 ratio. Such replacement tree(s) shall be provided in addition to all other landscaping required by this ordinance and shall be installed prior to final occupancy of the proposed development. The replacement tree(s) shall be a minimum 24” box container size at the time of planting. The replacement tree(s) shall consist of any combination of the tree species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey, unless the tree(s) being removed are Monterey Pine, Monterey Cypress, or Coast Live Oak, then the replacement trees shall be of those same species.

3. Bicycle Parking. One secure bicycle parking space or locker is required per dwelling unit. Secure means that the bicycle parking space has a built-in locking or security mechanism that only the intended user can open.

4. Automobile Parking. The minimum parking requirement is 0.5 parking spaces per dwelling unit. Tandem parking is allowed. Parking may be shared with an off-site parking facility, provided that the off-site facility can continue to accommodate the minimum required parking of all combined uses on and offsite and is located within one half mile of the off-site building entrance that it is intended to serve. If the property owner proposes to satisfy part or all of the minimum parking requirement with shared parking, they shall enter into a Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 236, Packet Page 303 shared parking agreement with the City of Monterey, on forms approved by the City Attorney’s Office, for the life of the project.

5. Public Improvements. Public improvements including, but not limited to street improvements, stormwater infrastructure, and sidewalk installation shall be required to be constructed in accordance with the City’s standard details along all project frontages.

6. Environmental. All developments shall comply with any applicable mitigation measure as adopted in the Monterey 2031 General Plan Update, Final EIR SCH #2023080034. A completed Mitigation Monitoring and Reporting table demonstrating the project’s compliance and applicability with each mitigation measure shall be submitted with any application for development.

B. MF1 Land Use Regulations and Development Standards.

Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential developments in the South Side of Garden Road Multifamily Residential Overlay District (MF1).

1. Mixed Use: Mixed use shall be prohibited on any single parcel and within a single building.

2. Maximum Building Height: 35’

3. Minimum Yard Setbacks:
i. Front: 20’
ii. Interior side: 20’
iii. Corner side or reverse corner side: 20’
iv. Rear: 20’
v. Highway 68 right-of-way:

1. New Development. Landscape buffers shall be provided at least 100 feet in width from the ultimate planned right-of-way of Highway 68.

2. Converted Structures. Structures converted to residential uses shall be allowed to maintain the existing setback from the Highway 68 right-of-way.

3. Previously Disturbed Land. For the purposes of this
subsection, Previously Disturbed Land shall mean any portion of a property currently occupied by a legally permitted building at the time a development application is submitted. The redevelopment of Previously Disturbed Land shall be allowed to maintain the setback established by the previous building, within the footprint of the previous building, when the following conditions are met:
a. Additional tree plantings are provided within the
Highway 68 setback area at a minimum ratio of one
tree per 200 square feet with appropriate species as
determined by the City’s Urban Forester, or designee.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 237, Packet Page 304 b. There shall be no new encroachment into the setback
area such as but not limited to stormwater detention,
retaining structures or parking.
c. This provision shall not apply to previously developed parking areas. Existing parking areas shall be removed
as part of the site conversion.

4. Lot Coverage Maximum: 50%

5. Floor Area Maximum: None

6. Open Space Requirements:
i. Private Open Space. Developments shall provide private open space in the form of private balconies, decks, or patios.

1. Private open space shall be provided at a ratio of 50 square feet of open space for every one dwelling unit. The total required amount of private open space can be flexibly
distributed amongst the units, however, a minimum of 24 square feet of private open space shall be provided for every unit.
ii. Shared Open Space. Developments shall provide shared open space in the form of patios, terraces, courtyards, plazas, rooftop decks, lawns and gardens with pathways, children’s play areas, picnic and barbeque areas, swimming pools and hot tubs, or outdoor sports equipment and facilities. Outdoor shared open space may be located within required yard setback areas. Outdoor open space shall only be constructed with a permeable surface to allow groundwater to recharge. It is not the intent to prohibit a use where its impermeability is inherent. Shared open space shall be accessible to all residents, shall include seating and pedestrian-level lighting, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, and shall not include driveways or parking areas.

1. Developments shall have a minimum total shared open space requirement of 200 square feet per dwelling unit.

7. Materials: The following exterior cladding materials are prohibited:
i. Metal or vinyl plank siding
ii. Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g. manufactured stone block, bricks, etc.)
iii. Unfinished or corrugated metal products
iv. Exposed or unfinished Concrete Masonry Unit block
v. Rough textured stucco

8. Landscaping:
i. A minimum of 50 percent of the front, side, and rear setback area shall be landscaped. Existing protected trees as set forth in Chapter 37 of the City Code shall be counted toward this requirement when such trees are not removed for the development.
ii. Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 238, Packet Page 305

9. Screening:
i. Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.
ii. Mechanical equipment shall be screened as follows:

1. Ground mounted mechanical equipment, including water storage systems, shall be screened from any public right of way or adjacent property using one of the following methods:
a. Landscaping or vegetative screening.
b. Walls and fences in accordance with all other
provisions in this chapter.
c. Equipment enclosures in accordance with all other
provisions of this chapter when utilizing the same
materials and architectural style of the primary building.

2. Roof mounted equipment, including water storage systems, shall be screened from any public right of way or adjacent property using one of the following methods:
a. Building parapets not exceeding 4 feet in height.
b. Landscaping or vegetative screening.
c. Equipment enclosures or penthouses in accordance
with all other provisions of this chapter when utilizing the same materials and architectural style of the
primary building.
iii. Waste enclosures shall comply with the standards established by City of Monterey Resolution No. 05-001, as may be amended or superseded, and shall be screened from any public right of way or adjacent property using one of the following methods:

1. Landscaping or vegetative screening.

2. Walls and fences in accordance with all other provisions in this chapter.

3. Equipment enclosures in accordance with all other provisions of this chapter that utilize the same materials and architectural style of the primary building.

10. Lighting: All light sources shall be directed downward and focused on the subject so that no light spillage results. Prevent glare by using shielded and focused light sources; conceal all light sources from adjoining properties; use energy efficient light sources; use light sources that provide a quality of light similar to daylight; avoid “uplighting” of entire building faces, or outlining the frame of a building; and shield light sources with simple shade devices that are consistent with the building design. Prior to the issuance of any construction permits, an exterior lighting plan shall be reviewed and approved by the Monterey Peninsula Regional Airport Manager. All exterior lighting shall be unobtrusive, downlit, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 239, Packet Page 306 fully controlled. The project shall comply with applicable Federal Aviation Administration height and obstruction standards.

11. Noise: All parcels in the development shall have a recorded deed restriction, notifying owners, and requiring owners to notify occupants, that the property is near an airport, which generates noise. The project shall conform to current noise insulation standards pursuant to the California Code of Regulations, Title 25, Chapter 1, Subchapter 1, as may be amended or superseded.

12. Avigation and Hazard Easement: Prior to final of each construction permit associated with the project, the developer/owner shall grant an avigation and hazard easement to the appropriate airport authority. The easement shall be recorded at the Monterey County Recorder’s Office. The easement may include: right of flight at any altitude above the acquired easement surfaces; right to cause noise, vibrations, fumes, dust and fuel particle emissions; right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces; right of entry to remove, mark or light any structures or growth above the acquired easement surfaces, or right to require the owner to remove, mark or light; right to prohibit creation of electrical interference, unusual light sources and other hazards to aircraft flight; and any other limitation the appropriate airport authority may recommend to protect the public’s health, safety and welfare.

C. MF2 Land Use Regulations and Development Standards.

1. Mixed Use: Mixed Use Developments are allowed when a minimum of 50% of floor area is dedicated to residential uses.

2. Maximum Building Height: 45’

3. Minimum Yard Setbacks:
i. Front: 10’
ii. Interior side: 5’
iii. Corner side or reverse corner side: 7’
iv. Rear: 10’

4. Lot Coverage Maximum: None

5. Floor Area Maximum: None

6. Floor Area Minimum: 50% of total habitable floor area shall be residential

7. Open Space Requirements: None

8. Materials: The following exterior cladding materials shall be prohibited:
i. Metal or vinyl plank siding
ii. Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g. manufactured stone block, bricks, etc.)
iii. Unfinished or corrugated metal products
iv. Exposed or unfinished CMU block
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 240, Packet Page 307 v. Rough textured stucco

9. Landscaping:
i. A minimum of 50 percent of the front setback area shall be landscaped. Existing protected trees as set forth in Chapter 37 of the City Code shall be counted toward this requirement when being retained.
ii. Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.

10. Screening:
i. Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.
ii. Mechanical equipment shall be screened as follows:

1. Landscaping or vegetative screening.

2. Walls and fences in accordance with all other provisions in this Chapter.

3. Equipment enclosures in accordance with all other provisions of this chapter that utilize the same materials and architectural style of the primary building.

11. Lighting: All light sources shall be directed downward and focused on the subject so that no light spillage results. Prevent glare by using shielded and focused light sources; conceal all light sources from adjoining properties; use Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 241, Packet Page 308 energy efficient light sources; use light sources that provide a quality of light similar to daylight; avoid “uplighting” of entire building faces, or outlining the frame of a building; and shield light sources with simple shade devices that are consistent with the building design.

D. MF3 Land Use Regulations and Development Standards.

Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential developments in the Aguajito Road Multifamily Residential Overlay District (MF3).

1. Mixed Use: Mixed use shall be prohibited on any single parcel and within a single building.

2. Maximum Building Height: 45’

3. Minimum Yard Setbacks:
i. Front: 30’
ii. Side: 30’
iii. Rear: 30’
iv. Highway 1 right-of-way:

A. New Development. Landscape buffers shall be provided at least 100 feet in width from the ultimate planned right-of-way of Highway 1.

B. Converted Structures. Structures converted to residential uses shall be allowed to maintain the existing setback from the Highway 68 right-of-way.

C. Previously Disturbed Land. For the purposes of this
subsection, Previously Disturbed Land shall mean any portion of a property currently occupied by a legally permitted building at the time a development application is submitted. The redevelopment of Previously Disturbed Land shall be allowed to maintain the setback established by the previous building, within the footprint of the previous building, when the following conditions are met:
a. Additional tree plantings are provided within the
Highway 68 setback area at a minimum ratio of one
tree per 200 square feet with appropriate species as
determined by the City’s Urban Forester, or designee.
b. There shall be no new encroachment into the setback
area such as but not limited to stormwater detention,
retaining structures, or parking.
c. This provision shall not apply to previously developed parking areas. Existing parking areas shall be
removed as part of the site conversion.
v. Southern Property line (Adjacent to Navy Property): 50’

4. Lot Coverage Maximum: 50%

5. Floor Area Maximum: None

6. Open Space Requirements:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 242, Packet Page 309 i. Private Open Space. Developments shall provide private open space in the form of private balconies, decks, or patios.

1. Developments open space shall be provided at a ratio of 50 square feet of open space for every one dwelling unit. The total required amount of private open space can be flexibly distributed amongst the units, however, a minimum of 24 square feet of private open space shall be provided for every unit.
ii. Shared Open Space. Developments shall provide shared open space in the form of patios, terraces, courtyards, plazas, rooftop decks, lawns and gardens with pathways, children’s play areas, picnic and barbeque areas, swimming pools and hot tubs, or outdoor sports equipment and facilities. Outdoor shared open space may be located within required yard setback areas. Outdoor open space shall only be constructed with a permeable surface to allow groundwater to recharge. It is not the intent to prohibit a use where its impermeability is inherent. Shared open space shall be accessible to all residents, shall include seating and pedestrian-level lighting, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, and shall not include driveways or parking areas.

1. Developments shall have a minimum total shared open space requirement of 200 square feet per dwelling unit.

7. Materials: The following exterior cladding materials shall be prohibited:
i. Metal or vinyl plank siding
ii. Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g. manufactured stone block, bricks, etc.)
iii. Unfinished or corrugated metal products
iv. Exposed or unfinished Concrete Masonry Unit block
v. Rough textured stucco

8. Landscaping:
i. A minimum of 50 percent of the front, side, and rear setback area shall be landscaped. Existing protected trees as set forth in Chapter 37 of the City Code shall be counted toward this requirement when being retained.
ii. Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.
iii. No landscaping exceeding 8-inches in height shall be planted within 15-feet of the southern most property line (adjacent to Navy property).

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 243, Packet Page 310

1. Ground mounted mechanical equipment, including water storage systems, shall be screened from any public right of way or adjacent property using one of the following methods:
a. Landscaping or vegetative screening.
b. Walls and fences in accordance with all other
provisions in this Chapter.
c. Equipment enclosures in accordance with all other
provisions of this chapter when utilizing the same
materials and architectural style of the primary building.

1. Landscaping or vegetative screening.

2. Walls and fences in accordance with all other provisions in this chapter.

3. Equipment enclosures in accordance with all other provisions of this chapter that utilize the same materials and architectural style of the primary building.

11. Any development application for a property within the MF3 Multifamily Overlay shall be submitted with proof of notification and coordination with the appropriate Planning staff for the United States Navy.

SECTION 7: Monterey City Code, Chapter 38, section 99.7 is hereby amended to read as follows:
“Sec. 38-99.7. Review Procedures.

A. Administrative Approval. Developments meeting the following criteria shall qualify for the Administrative Approval Process as provided in Article 25, section 38-189.B of the City Code:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 244, Packet Page 311

2. The proposed development project is found to be in compliance with the explicit standards for development applicable to the subject site.

B. Applications that do not meet the requirements of Sec. 38-99.7.A for Administrative Approval shall follow the review procedure as prescribed elsewhere in the City Code as applicable.

SECTION 8: Monterey City Code, Chapter 38, Article 16E, Regional Housing Needs Assessment Overlay District, is hereby added to read as follows:
“Sec. 38-99.9. Specific Purposes.

The Regional Housing Needs Assessment Overlay District is intended to facilitate the provision of multifamily residential uses while promoting infill development on non-vacant commercial sites previously identified on housing inventories in the City’s Fourth and Fifth Housing Elements.”
38-99.10. Applicability and Zoning Designator.

The Regional Housing Needs Assessment Overlay District shall be shown on the zoning map by adding RHNA to the base district designator. It may be combined with any base zoning district to the properties shown in Appendix A to City Code section 38-99.5. 33-99.11. Land Use Regulation and Development Standards SECTION 9: The property at 1200 Aguajito Road is hereby rezoned from R-1-15-D1 to R-3-MF3, as shown in Appendix A to City Code section 38-99.5..

SECTION 10: Monterey City Code, Chapter 38, Article 25, section 189 is hereby amended to read as follows:
“Sec. 38-189. Review Procedures.

A. Minor and Major Architectural Review. The Architectural Review Committee shall adopt and maintain a list of project types that are eligible for either minor or major architectural review. Minor and major architectural review shall be conducted as follows:

1. Major architectural review shall be conducted by the Architectural Review Committee at a public meeting.

2. Minor architectural review shall be conducted administratively by the City Manager or designee. The following process shall apply to administrative reviews as identified in this section:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 245, Packet Page 312 a. Pre-Decision Referral. City staff shall refer any project to the Architectural Review Committee for consideration prior to administrative decision at their discretion or at the request of any interested party. b. Post-Decision Referral. Except as specified in Section 38-189(B), if specifically requested by any interested party within 10 days of an administrative decision, a project shall be referred to and considered by the Architectural Review Committee.. The Architectural Review Committee’s review shall not be considered an appeal. Rather, it is a formal referral and standard findings for decision shall apply. c. Exception. This subsection (A)(2) does not apply to qualifying housing projects subject to administrative review under Section 38-189(B).

B. Administrative Approval. Architectural Review for qualifying housing developments in the Multifamily Overlay District and Reginal Housing Needs Assessment Overlay District shall be conducted administratively by the Community Development Director or designee. The following process shall apply to administrative review of housing projects:

1. The Community Development Director or designee may deny or approve an application with conditions of approval which are either standard or required to bring the project into compliance with the applicable objective standards.

Prior to issuance of a building permit, the owner shall enter into an agreement with the City to record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the affordable housing requirements and a prohibition against renting the property for fewer than 30 consecutive calendar days. A copy of the recorded covenant shall be filed with the Building Division prior to issuance of the building permit.

2. The Community Development Director’s decision on a ministerial application for qualified housing developments under this Section is final and not appealable.

C. Multiple Entitlements. When a project requires architectural review and a use permit, variance, or other review or approval from the Planning Commission, a joint meeting of the Architectural Review Committee and Planning Commission may be convened at the discretion of the Community Development Director or designee. The purpose of these joint meetings is to foster discussion about the project as a whole, and help both boards make more informed decisions. In the course of these joint meetings, requested entitlements shall be considered individually by the Planning Commission or the Architectural Review Committee, as appropriate, and separate actions, findings, and conditions of approval shall be made and assigned for each considered entitlement. The Planning Commission shall take all actions prior to the Architectural Review Committee.

D. Noticing Requirements. When an application for architectural review includes construction of a new building, an increase in height, or addition of floor area, written notices shall be sent by U.S. Mail at least 10 days prior to the public meeting or administrative decision to all owners of property located within 100 feet of the Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 246, Packet Page 313 perimeter of the project site. In addition, story poles and netting shall be installed at least 10 days before the public meeting or administrative decision for the following project types:

1. Construction greater than one story;

2. Projects that involve an increase in building height; or

3. If safety concerns or other issues preclude installation of story poles and netting, alternative means of illustrating a project may be used at the discretion of the City Manager or designee. Said concerns or issues shall be clearly identified and the alternative means provided in the written notice.” SECTION 10: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 11: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

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, 12/3/2024, Item No. 8., Item Page 247, Packet Page 314 APN Address Existing Zoning Proposed Zoning
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PROFESSIONAL OFFICE
ENTERPRISES LLC I-R-130-RA-ES-MF I-R-130-RA-ES-MF1
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HAUSWIRTH ROBERT A & SHARON
A TRS I-R-130-RA-ES-MF I-R-130-RA-ES-MF1
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SHORELINE COMMUNITY CHURCH
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SHORELINE COMMUNITY CHURCH
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Appendix A
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COMMUNITY FOUNDATION FOR
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COMMUNITY FOUNDATION FOR
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Appendix A
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Appendix A
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1606008000 900 CASS ST CO-ES CO-ES-MF2
1604005000 7 VIA JOAQUIN 5 CO-ES CO-ES-MF2
1604013000 7 VIA JOAQUIN 14 CO-ES CO-ES-MF2
1604001000 7 VIA JOAQUIN 1 CO-ES CO-ES-MF2
1604006000 7 VIA JOAQUIN 6 CO-ES CO-ES-MF2
1604003000 7 VIA JOAQUIN 3 CO-ES CO-ES-MF2
1604008000 7 VIA JOAQUIN 8 CO-ES CO-ES-MF2
1681053000 833 CASS ST CO-ES CO-ES-MF2
1672024000 166 CARMELITO AVE CO-ES CO-ES-MF2
1671017000 1012 MUNRAS AVE CO-ES CO-ES-MF2
1681032000 166 SARGENT ST CO-ES CO-ES-MF2
1603003000 1035 CARMELO ST CO-ES CO-ES-MF2
1681056000 888 MUNRAS AVE C-2-ES C-2-ES-MF2
1681054000 835 CASS ST CO-ES CO-ES-MF2
1681052000 831 CASS ST CO-ES CO-ES-MF2
1592001000 PACIFIC ST CO-ES CO-ES-MF2
1681051000 829 CASS ST CO-ES CO-ES-MF2
1682023000 398 FREMONT ST C-2-ES C-2-ES-MF2-RHNAOV
Appendix A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 255, Packet Page 322 APN Address Existing Zoning Proposed Zoning
1781013000 1200 AGUAJITO ROAD R-1-15-D1 R-1-15-D1-MF3
MF3 Multifamily Residential Overlay
Appendix A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 256, Packet Page 323 APN Address Existing Zoning Proposed Zoning
1692004000 445 TYLER ST PC-D-ES PC-D-ES-RHNAOV
1073004000 755 LIGHTHOUSE AVE PC-LH PC-LH-RHNAOV
1021005000 600 CANNERY ROW CR CR-RHNAOV
Regional Housing Needs Assessment Overlay
Appendix A
Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 257, Packet Page 324 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№09/24
AMENDING MONTEREY CITY CODE CHAPTER 38, SECTION 38-112.5 DENSITY BONUS

TO COMPLY WITH STATE HOUSING LAW AND TO ESTABLISH LOCAL DENSITY

INCENTIVES FOR QUALIFYING HOUSING PROJECTS
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, Section 65915 et seq. of the California Government Code, known as State Density Bonus Law, requires a city to provide a developer that proposes a housing development in that city containing affordable and other types of housing with a density bonus and other incentives;
WHEREAS, California Government Code section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented;
WHEREAS, the City's Housing Element, which was adopted July 16, 2024 and subsequently found in compliance with housing element law on October 4, 2024 by the California Department of Housing and Community Development, provides that the City will update its density bonus ordinance to incorporate new requirements under State Density Bonus Law and to enact a local development bonus program that offers additional incentives for projects meeting certain local objectives;
WHEREAS, the Planning Commission, at a properly noticed public hearing on December 3, 2024, carefully considered all of the information presented to it, including the agenda report and information submitted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance; WHEREAS, based on the CEQA Review Environmental Checklist, accepted by the City Council by resolution on December 3, 2024 and incorporated by reference herein, there are no substantial changes proposed by the Project or under the circumstances in which the Proposed Project would be undertaken that would require major revisions of the Monterey 2031 General Plan Update EIR. The Proposed Project does not require preparation of a new subsequent or supplemental EIR due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Applicable mitigation measures from the certified Monterey 2031 General Plan Update EIR are identified and discussed in this Checklist. The Proposed Project is consistent with and within the scope of the Monterey 2031 General Plan EIR;
WHEREAS, on December 3, 2024, the City Council conducted a duly and properly noticed public hearing, reviewed and considered the information presented, and took public comment;
NOW THEREFORE, the Monterey City Council declares as follows:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 258, Packet Page 325 SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: Section 112.5 of Chapter 38 of the City Code is repealed and replaced to read as shown in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 4: If any section, subsection, paragraph, sentence, clause or phrase of the Ordinance, or its application to any person or circumstance, is for any reason held to be invalid and unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

SECTION 5: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

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

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, 12/3/2024, Item No. 8., Item Page 259, Packet Page 326 1 EXHIBIT “A”
Section 38-112.5. AFFORDABLE HOUSING DENSITY BONUS
A. Purpose.

In accordance with California Government Code section 65915, et seq. (State Density Bonus Law), this section specifies how compliance with State Density Bonus Law will be implemented.

Specifically, the purpose of this section is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderateincome households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this section, it is also the intent of the City to implement the goals, objectives, and policies of the City's Housing Element of the General Plan.

B. Definitions.

In addition to the definitions in Section 38-11, the definitions found in State Density Bonus Law shall apply to the terms contained in this section and shall control where there is a conflict with the definitions in Section 38-11. “Incentives” include “concessions” as defined in State Density Bonus Law. If the definition of a term found in Section 38-11 conflicts with the definition of the same term found in State Density Bonus Law, then the definition in State Density Bonus Law shall control when applied to this Section.

C. Application Requirements.

1. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code section 65915(b), (c), (f), (g), (h) and (v), or in Government Code section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

2. The granting of a density bonus, incentive, or concession, pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

3. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete, consistent with Government Code section 65943.

4. The application shall include the required fee and the following minimum information:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 260, Packet Page 327 2 (a) For a requested density bonus.
i. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre. ii. Identification of subparagraph of Government Code section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.
iii. Where the housing development is seeking an additional bonus, the subparagraph of Government Code section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph. iv. Where a housing development is seeking a local density bonus under 38- 112.5.(J), identification of which local density bonus incentive the housing development qualifies for and reasonable documentation demonstrating that the housing development is eligible for a bonus under that Section.
v. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
vi. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
vii. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
viii. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 261, Packet Page 328 3 ix. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
x. A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units. For a housing development with 20 dwelling units or more, the density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the affordable housing units. xi. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code section 65915 (g) can be met.
(b) Requested incentives. Incentives are those defined by State Density Bonus Law.

The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
i. The City's usual regulation and the requested regulatory incentive or concession.
ii. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
iii. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixeduse zoning will provide for affordable housing costs and rents. (c) Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel, the City's required development standard and the requested development standard. (d) Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code section 65915(p) (or other statute) Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 262, Packet Page 329 4 under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction. (e) Density bonus or incentive for a child care facility in a housing development.

The application shall include reasonable documentation that all of the requirements included in Government Code section 65915(h) can be met. (f) Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code section 65915.5 can be met.

D. Local coastal program consistency.

1. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

2. For development within the coastal zone, any requested density bonus, incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified City's Local Coastal Program, with the exception of density.

E . Application review process.

1. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Monterey City Code Chapter 38 , Article 27 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

2. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, if applicable, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:
a. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code section 65915(c)(3).
b. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code section 65915(v)(1).

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 263, Packet Page 330 5 c. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code section 65915(k)(2).
d. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted. e. The housing development is eligible for any requested parking reductions under Government Code section 65915(p) or other statute.
f. If the density bonus is based all or in part on donation of land, the requirements of Government Code section 65915(g) have been met.
g. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code section 65915(h) or 65915.5, as appropriate, have been met. h. If the housing development is in the coastal zone, the requested density bonus and any requested incentive, waiver or parking reduction is consistent with all applicable requirements of the certified Local Coastal Program.

3. The decision-making body will grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code section 50052.5; or for affordable rents, as defined in Health and Safety Code section 50053; or
b. The proposed incentive would be contrary to state or federal law; or c. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code section 65589.5.

4. The decision-making body will grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 264, Packet Page 331 6 a. The proposed waiver would be contrary to state or federal law; or b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
c. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code section 65589.5.

5. If a child care center complies with the requirements of Government Code section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

6. A request for minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

F. Affordable Housing Benefit agreement.

1. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this section r, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this section. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this section, or the affordable housing agreement.

2. For rental projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; shall describe the specific incentives, waivers, parking reduction, and additional density received along with Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 265, Packet Page 332 7 any condition pertaining to them; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

3. For for-sale projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing benefit agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code section 50052.5; and shall contain other relevant provisions approved by the City Attorney.

The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

The affordable housing benefit agreement shall require the for-sale units remain available to and permanently affordable to persons and families of low or moderate income.

4. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

5. The executed affordable housing benefit agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest.

The affordable housing benefit agreement shall be binding on all future owners and successors in interest.

G. Density bonus calculations.

1. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

2. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

3. Except where a housing development is eligible for an additional bonus pursuant to Government Code section 65915(v) or other provision of Density Bonus Law, each housing development is entitled to only one density bonus. If a housing development Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 266, Packet Page 333 8 qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

4. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the City's inclusionary housing requirements in Sections 8-1.00 et seq. of the City Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law. Payment of fees in lieu of providing affordable units under the City’s inclusionary housing ordinance (City Code section 8-1.00 et seq.) does not qualify a housing development for a density bonus.

5. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

6. Nothing in this section requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

H. Development standards.

1. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

2. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

3. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

I. Density bonus for commercial development.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 267, Packet Page 334 9 A Commercial Development may request and receive a Development Bonus pursuant to the provisions of Government Code section 65915.7.

J. Local Density Bonus

1. Lot consolidation. Multifamily housing projects that propose the consolidation of two or more legal parcels to create a single of lot of at least 0.50 acres may obtain a 10% density bonus independent from, and additional to, the provisions of State Density Bonus Law.

2. Two and Three Bedroom Units. Development projects that propose 70% of the total unit count to be two- and three-bedroom units may obtain a 10% density bonus independent from, and additional to, the provisions of State Density Bonus Law. Projects located in the Alvarado District of the Downtown Specific Plan and within the Pacific, Munras, and Cass Multifamily Overlay District (MF2) may receive one (1) additional story in building height to facilitate achieving maximum densities.

3. Moderate-Income Units. Multifamily development projects that provide 40% of the project units for Moderate-Income household may obtain a 10% density bonus independent from, and additional to, the provisions of State Density Bonus Law.

K. Interpretation.

If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance to local, state, or federal codes, statutes, or regulations include successor provisions.

Council Regular Meeting, 12/3/2024, Item No. 8., Item Page 268, Packet Page 335

Monterey City CouncilDecember 3, 2024

Monterey City Council
December 3, 2024