League of Women Voters of California Education Fund
	Monterey County, CA November 6, 2012 Election
	Measure F Pedestrian Scale at the Sidewalk City of Pacific Grove Majority Approval Required Fail: 3,204 / 41.67% Yes votes ...... 4,485 / 58.33% No votes See Also: Index of all Measures

Full Text of Measure F

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE SUBMITTING TO THE ELECTORS A PROPOSED ORDINANCE TO AMEND PACIFIC GROVE MUNICIPAL CODE SECTION 23.33.020 TO MODIFY THE BUILDING HEIGHT AND SITE COVERAGE LIMITS WITHIN THE C-1-T ZONING DISTRICT FACTS 1. In 1994, the Pacific Grove City Council placed a measure on the ballot to allow a hotel use on the Holman Block in the downtown area, which was passed by the city's voters. The Holman Block is bounded by Lighthouse, Grand, Central and Fountain Avenues. The city took the lead in proposing the successful ballot measure to attract development of, and investment in, the Holman's anchor block and, thereby, increase city revenue while maintaining the character of the downtown and the city as a whole. 2. In 2009, the City Council formed a subcommittee, comprised of Council Members Kampe and Cohen, to document representative views, opportunities, and issues regarding a future hotel on the Holman Block. The subcommittee found that a quality hotel of an appropriate scale is widely seen as a benefit to Pacific Grove and the downtown area. 3. Within the past few months, the owner of the Holman Block initiated a partnership with Presidian Hotels & Resorts, a hotel development and management company that specializes in high-quality hotels in historic buildings and historic districts. 4. On June 26, 2012, the partnership approached the City, seeking a modification of the building height and site coverage limits in order to develop a hotel on the northern half of the Holman Block. Such a change requires modification to the C-1-T zoning district which, per Section 23.33.050, states that "No provision of this chapter shall be repealed or amended except by a vote of the people." 5. On July 11, 2012, the City Council held a public meeting to consider options for how to proceed with the hotel project and associated environmental review, and decided to immediately proceed with preparation of an Initial Study and Negative Declaration/Mitigated Negative Declaration for a proposed November 6, 2012 General Election ballot measure to modify the building height and site coverage limits in the C-1-T zoning district. If the voters approve the ballot measure, due to the nature of the project, a "project-level" Environmental Impact Report (EIR) is anticipated as part of the discretionary permit review for the hotel project. 6. The amendment proposed by this Resolution has been reviewed in accordance with the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., and Chapter 23.77 of the Pacific Grove Municipal Code. Based on this review, it was determined that, with mitigations, the proposed amendment would not result in significant adverse impacts to the environment. A Proposed Mitigated Negative Declaration was prepared and a Notice of Availability (NOA) / Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration was issued on July 13, 2012. 7. This resolution shall incorporate the Council's adoption and approval of the Mitigated Negative Declaration (MND) attached to the agenda report. Council has considered the MND in accord with the California Environmental Quality Act (CEQA), CEQA Guideline section 15074(b), together with any comments received during the public review process. Council adoption of the MND is based upon its determination, on the basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the project, with its mitigation measures, will have a significant effect on the environment. The Mitigated Negative Declaration reflects the City Council's independent judgment and analyses. 8. The Community Development Department is the custodian of the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Resolution. SECTION 2. Pursuant to Section 15074 of the California Code of Regulations, on the basis of the whole record, including the Mitigated Negative Declaration and any comments received, there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment and, therefore, the City Council adopts the Mitigated Negative Declaration. SECTION 3. The measure submitted to voters as provided by Section 4, below, shall only take effect if and only it if it is approved by a majority of the electors casting ballots at the November 6, 2012 election, and if so, the Ordinance amendments set forth below shall take immediate effect and be codified in the Pacific Grove Municipal Code. SECTION 4. The City Council of the City of Pacific Grove does hereby submit to the voters at the November 6, 2012 election, an Ordinance, which reads as follows: SECTION 4.1. The text set forth in existing Section 23.33.020 of Chapter 23.33, C-1-T District, of the Pacific Grove Municipal Code shall be changed by the deletion of all text shown in strikeout text (strikeout text), and adding text shown in bold italics, as follows: 23.33.020 Uses permitted. The following uses are permitted in the C-1-T district: (a) Any use permitted in the C-1 districts (Chapter 23.32 PGMC) as said district regulations may be from time to time amended by the council. (b) Hotel use shall be allowed, subject to the following: (1) Hotel uses shall be subject to first securing a use permit in each case; (2) Height limits and y The maximum building height shall be 75 feet, with a maximum site coverage of 100 percent, and shall incorporate a building design where the upper stories step back from the property line along Central Avenue to create a pedestrian scale at the sidewalk level and to maintain compatibility with the character of the downtown area. Yard requirements shall be as set out in PGMC 23.32.030 and 23.32.050; (3) Cantilevered balconies beginning above the second level of the hotel structure may encroach on space above the sidewalks so long as the lowest point of such balcony is at least twelve vertical feet above any sidewalk. (4) If a use permit application and any other required discretionary permit application have not been submitted and been deemed complete on or before December 31, 2017, the maximum building height and site coverage set forth in (2) above shall be 40 feet, with a maximum site coverage of 75 percent, or 30 feet with a maximum site coverage of 90 percent. (35) All other regulations and conditions of approval shall be as provided by use permit approved pursuant to this title. Said regulations and conditions shall include, without limitation, provisions for architectural review, land area per unit, neighborhood compatibility, landscaping, parking, traffic and accessory buildings; (46) Required parking, if any, may be located on or off site, the location to be designated by the use permit. SECTION 5. If any provision, section, paragraph, sentence, clause, or phrase of this measure, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, or any part thereof, or its application to other persons or circumstances. SECTION 6. This Resolution shall take effect immediately following passage and adoption thereof. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 8th day of August, 2012, by the following vote: AYES: Mayor Garcia, Councilmembers Kampe, Cohen, Cuneo, Fischer, and Miller NOES: Councilmember Huitt ABSENT: None