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File #: PC 21-004    Name: GENERAL PLAN (ANNUAL REPORT)
Type: Planning Item Status: Agenda Ready
File created: 1/19/2021 In control: County of Monterey Planning Commission
On agenda: 1/27/2021 Final action:
Title: a. Consider the 2020 draft Annual Progress Report for the 1982 General Plan (coastal) and 2010 Monterey County General Plan (non-coastal); b. Consider the 2020 draft Annual Progress Report for the 2015-2023 Housing Element; c. Consider a draft 5-Year General Plan Implementation Work Program, including 2021 Long Range Planning and General Plan Implementation Priority Tasks; and d. Make a recommendation to the Board of Supervisors. Proposed CEQA Action: Not a project per Sections 15060(c)(1) and 15378(b)(4) of the CEQA Guidelines.
Attachments: 1. Staff Report, 2. Attachment A - Annual Progress Report for the 2010 General Plan Implementation, 3. Attachment B - Detailed Discussion, 4. Attachment C - FY 2021-2022 Tasks and Funding, 5. Attachment D - 5-Year Long Range Planning & General Plan Implementation Program, 6. Attachment E - Long Range & General Plan Implementation

Title

a.                     Consider the 2020 draft Annual Progress Report for the 1982 General Plan (coastal) and 2010 Monterey County General Plan (non-coastal);

b.                     Consider the 2020 draft Annual Progress Report for the 2015-2023 Housing Element;

c.                     Consider a draft 5-Year General Plan Implementation Work Program, including 2021 Long Range Planning and General Plan Implementation Priority Tasks; and

d.                     Make a recommendation to the Board of Supervisors.

Proposed CEQA Action:  Not a project per Sections 15060(c)(1) and 15378(b)(4) of the CEQA Guidelines.

Report

RECOMMENDATIONS:

It is recommended that the Planning Commission:

a.                     Find that consideration of draft annual reports is not a project subject to CEQA per Section 15060(c)(1) and 15378(b)(4) of the CEQA Guidelines;

b.                     Recommend that the Board approve the 2020 Annual Progress Reports pursuant to Government Code Section 65400 for;

1.                     1982 General Plan (coastal) and 2010 Monterey County General Plan (non-coastal) (Attachment A, Exhibit 1),

2.                     2015-2023 Housing Element (Attachment A, Exhibit 2);

c.                     Provide direction for a recommendation to the Board of Supervisors on the draft 5-Year General Plan Implementation Work Program, including 2021 Long Range Planning and General Plan Implementation Priority Tasks (Attachments C, D, and E).

 

SUMMARY:

Planning Agencies are required to provide an annual report to the legislative body (Board of Supervisors), State Office of Planning and Research (OPR) and State Department of Housing and Community Development (CA-HCD).  One report is to describe the progress with implementation of the General Plan and the degree to which the General Plan is consistent with State Guidelines.  A separate report is required to identify how Monterey County’s housing efforts conform to specific content requirements from the State.  Both reports must be submitted to OPR and CA-HCD by April 1st of each year.

 

In September 2020, the Housing office was separated from Economic Development and moved from the County Administrative Office (CAO) to the Resource Management Agency (RMA).  On November 30, 2020, RMA was dissolved into two separate departments: Housing and Community Development (MC-HCD), and Public Works, Facilities and Parks (PWFP). 

 

For the County of Monterey, annual reports are required for: 2010 General Plan, as amended, for inland areas; 1982 General Plan and certified Land Use Plans for coastal areas; and the 2015-2023 Housing Element, countywide.  Attachment A includes three 2020 annual reports for consideration: 1) General Plan Implementation; 2) Housing Element/Regional Housing Needs Allocation (RHNA); and 3) List of County-owned sites disposed of in the past year.

 

In the past, staff has taken annual reports directly to the Board of Supervisors, which includes setting priorities for the upcoming year.  Over the past few years, reports have been submitted to CA-HCD after the April due date (with permission for late submission from CA-HCD).  Creating the MC-HCD as a new County department offers opportunity for a fresh start, and the Director has taken this opportunity to start this process earlier as well as to include Planning Commission review. 

 

Reports to the state are required to detail what has been completed over the past year. This report discusses the status of Monterey County General Plan(s), including progress on implementing Housing Element objectives, General Plan Amendments/Updates, and/or implementing ordinances completed in 2020.  In 2020, adoption of the ordinance creating the Mixed Use Zoning District was completed for implementing the 2010 General Plan (Inland). Some minor amendments were made to the Local Coastal Programs, which fall under the County’s 1982 General Plan (Coastal).

 

Staff did make progress on several Long-Range Planning tasks that were identified as priority in the 2019 Annual Report to the Board, as described further below.  Several other tasks were assigned as priorities and completed in 2020, which were not presented to the Board of Supervisors during the previous reporting period.  This year is the first that staff has prepared a 5-year General Plan Implementation Program.  It is designed to resemble the 5-Year Capital Improvement Program (CIP) with project sheets for each task.  Year 1 represents the priorities for the current calendar year (2021 in this case), which is driven largely by funding and resource allocation/availability. 

 

Priority tasks for Long Range Planning in 2021 (calendar year relative to these reports) are divided into two categories: General Plan Implementation and additional Long Range Planning Work Program. Attachment D defines these tasks and their scope/outcome by Calendar Year in a Five-Year Implementation Program. Attachment (C) details the FY 2021-22 estimated staff and consultant cost of the various tasks, and funding source, and Attachment (E) provides additional information on each task.

 

2020 Priority Projects. The following briefly summarizes the most recent actions on items from the 2020 list of priority projects that was presented to the Board of Supervisors last year:

 

                     Mixed Use Zoning District; Ordinance adopted. 

                     Moss Landing Community Plan Update.  Planning Commission policy direction.

                     Accessory Dwelling Units: Ordinances (inland and coastal) adopted; coastal ordinance submitted to California Coastal Commission for certification.

                     Salinas Valley Groundwater Basin Investigation. The model was completed that will enable completion of the Salinas Valley Groundwater Basin Investigation.

                     Ag Land Mitigation Program.  Finalizing the Ag Land Program and implement related work plan.

                     Development Evaluation System (DES). Board held hearing on draft procedures; Board provided direction for staff to revise several provisions.

                     Water and Energy Efficient Landscape Ordinance/Water Conservation Ordinance/ Fire Resistance Plant List /Invasive Plant Policy and Procedures. Two stakeholder working group meetings. 

                     Community Climate Action Plan (CAP). Board amended General Plan Policy OS 10.11 to update the text; County awarded funding to complete the CAP over the next several years.

                     Zoning Map Updates.  No action, need to reassess priority.

                     Carmel River Floodplain Restoration & Environmental Enhancement (CRFREE) Projects. Board certified the project EIR/EA. 

                     Vacation (aka Short-Term) Rentals.  Board provided policy direction on several key issues.

 

Other 2020 Accomplishments:

Several other tasks were assigned as priorities and completed in 2020, which were not presented to the Board of Supervisors during the previous reporting period:

 

                     Cannabis Program.  Several amendments to ordinances relating to commercial cannabis uses were completed.  Implementation of a pilot program for hemp.

                     East Garrison.  Continued to process matters relative to the East Garrison project.

                     FORA Dissolution. The Fort Ord Reuse Authority (FORA) was formally dissolved on June 30, 2020. County assumed several FORA responsibilities, and dissolution required multiple actions.

                     Citygate Report. Citygate Associates, LLC (Citygate) completed a review of the Resource Management Agency (RMA).  The Board of Supervisors accepted the report on July 28, 2020, including 76 recommendations. Key among the recommendations of the Citygate Report was to create two new departments, which occurred on November 30, 2020. A number of recommendations pertain to planning operations, including implementing the remaining tasks and policies of the 2010 General Plan.

 

Housing Element:

A detailed account of progress towards the Housing Element and RHNA numbers can be found in Attachment A.  The following is a summary of that report:

 

                     250 units added to the County’s RHNA counts

                     61 Planning Entitlements granted

                     250 Building Permits issued

                     151 Certificates of Occupancy Issued/Building Permit Final

                     Zero (0) sites owned by the county and included in the inventory of land in the Housing Element were sold, leased or otherwise disposed of in the prior year.

 

 

 

 

2021 Work Program:

A summary of proposed priority tasks for 2021, pending funding, are:

 

                     Inclusionary Housing. Amend County Code Chapter 18.40 to align with GP Policies and address changes to State housing legislation.

                     Zoning Maps/Code.  Amend to reflect GP land use maps and policies, including adding Code sections to reflect new designations and standards. 

                     Affordable Housing Overlay CEQA Analysis. Initial studies and other CEQA documents designed to facilitate development of affordable housing.

                     Castroville Development Impact Fees.  Nexus study to revise impact fees to reflect changed conditions.

                     Castroville Community Plan. First year of two-year program to update the plan to reflect new transportation improvements, plans and other land use changes.

                     Chualar Community Plan. First year of two-year program to prepare basic planning studies and conduct community outreach, to prepare a preliminary draft plan.

                     Sustainable Agriculture Lands Conservation (SALC). Complete the preliminary draft of a two-year program.

                     Long Term Sustainable Water Supply. Conduct a study and draft an ordinance for  implementation of GP policies.

                     Agricultural Buffers. Develop and present ordinance for adoption.

                     Community Climate Action Plan (CCAP). First year of two-year program to create a CCAP

                     Fire Resiliency.  Develop a list of fire resistant plants for new development.

                     Housing Element Update.  Element due to HCD in 2023.

                     Development Evaluation System (DES). Present revised ordinance and procedures to the Board for adoption.

                     Landscape Ordinance. Present ordinance to Board to consider adoption.

                     Big Sur Land Use Plan. Develop final draft in consultation with Coastal Commission.

                     Moss Landing Community Plan. Prepare and circulate EIR.  Aim to bring the plan to hearing at Planning Commission and Board in 2021.  (It will also require Coastal Commission certification).

                     Vacation Rental Ordinance. Complete CEQA analysis.  Present to Planning Commission for recommendation and to Board to consider adoption.

                     Vehicle Miles Traveled. General Plan Amendment and Zoning Code Amendment to implement new State transportation planning and CEQA requirements.

                     Environmental Justice Element.  Begin new Environmental Justice Element of General Plan (due 2023).

 

DISCUSSION:

A more detailed Discussion is provided in Attachment B.

 

CEQA:

Staff finds that progress reports are not a project as defined by the California Environmental Quality Act (CEQA), Guidelines Sections 15060(c)(3) and 15378.  These reports are an administrative activity that will not result in direct or indirect physical changes to the environment.  They are for information purposes only.  Activities identified in these reports implement policies of the 1982/2010 General Plans and the 2015 Housing Element, which were subject to CEQA review.  In addition, CEQA will be addressed, as appropriate, with each task as it is completed. 

 

OTHER AGENCY INVOLVEMENT:

Implementation of the 2010 General Plan involves close coordination between all the land use departments/agencies (Planning, Building, Housing, Engineering/Public Works, Environmental Services, Environmental Health, Fire, and Water Resources Agency).  Implementation of the Housing Element relates to activities being undertaken by Housing and Community Development Department.  In addition, County Counsel’s office actively participates in the legal review of ordinances and plans prepared as part of the General Plan Implementation (GPI) and other needed updates.

 

FINANCING:

Staff intends to perform as much of the implementation work as possible.  Some outside funds have been acquired (e.g. SALC), but there has been no General Plan Implementation (GPI) augmentation to the General Fund for contacted support services since 2015.  There are aspects of the work that require technical expertise that is only available through outside consultants.  Approximately $1,149,867 (excludes anticipated estimated) has been expended for outside consultant assistance, 2011-2015 when funds were allocated for that purpose.  Staff continues to seek grant funding, where available, to help with implementation.

 

The proposed General Plan Implementation and Long Range Planning Work Program for FY 2021-2022 includes approximately $1,000,000 of the approximately $1,580,000 awarded or anticipated state grant funding for the next two years, as detailed in Attachment C and summarized as follows:

 

SB-2 Grant:                      $200,000 for: 1) Castroville Development Impact Fee Nexus Study; and 2) Chualar Community Plan, Year 1

SALC Grant:                     $182,366 for Sustainable Agricultural Lands Conservation Program, Year 1

                            $175,000 for Community Climate Action Plan

LEAP Grant:                     $500,000 for: 1) Chualar Community Plan Year 1; 2) Castroville Community Plan Update Year 1; and 3) CEQA analysis for Affordable Housing Overlay Zones.

REAP Grant:                     $530,000 for: 1) Update to Housing Element; and 2) Inclusionary Housing Ordinance.

                        

In addition, the General Plan Implementation fee was updated in 2020, and is levied on all development and planning permits.  This fee generated approximately $300,000 in FY 2020, and will provide funding for additional resources.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

This action represents effective and timely reporting on the implementation of the Monterey County General Plan(s) to our RMA customers.  This report provides the County accountability for proper management of our land resources.

 

Check the related Board of Supervisors Strategic Initiatives:

__ Economic Development

X  Administration

    Health & Human Services

__ Infrastructure

__ Public Safety

 

Prepared by:                     John M. Dugan, FAICP, Management Specialist

Approved by:                     Carl P. Holm, AICP, Director, Department of Housing and Community Development

 

The following attachments are on file with the HCD:

          Attachment A - Annual Progress Report for the 2010 General Plan Implementation:

                                                               Exhibit 1 - 2020 Annual Progress Report Summary Matrix

                                                               Exhibit 2 - 2020 Annual Housing Element Progress Report

          Attachment B - Detailed Discussion

          Attachment C - 2021 FY 2001-2002 Long Range Planning and;

                                    General Plan Implementation Priority Tasks, and Funding Source

         Attachment D - 5-Year Long Range Planning and General Plan Implementation Program

         Attachment E - Detailed Five-Year Planning Task Work Program

                     

CC: Front Counter Copy; Fenton & Keller (David C. Sweigert); Brian Finegan Law Office (Michael Harrington); Grower-Shipper Association (Jim Bogart); Law Offices of Michael D. Cling (Michael Cling); Monterey County Farm Bureau (Norm Groot); Salinas Valley Water Coalition (Nancy Isakson); Prunedale Neighbors Group (Ed Mitchell); Anthony Lombardo and Associates (Dale Ellis); Horan Lloyd Law Firm (Pamela Silkwood); Big Sur Multi-Agency Advisory Council c/o Kathleen Lee; Highway 68 Coalition (Mike Weaver); Carmel Residents Association; Carmel Valley Association; Marjorie Kay; The Open Monterey Project (Molly Erickson); LandWatch (Michael DeLapa); Janet Brennan; John H. Farrow; Carl Holm; Wendy Strimling; Planning File No. REF190011.