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April 19, 2016 — Elección Especial de Monterrey

City of Pacific Grove
Measure X Initiative from the People - Majority Approval Required

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Zoning Change Initiative
— undefined

Shall the Pacific Grove Municipal Code be amended to add Section 23.31.025 to change the zoning designation at the American Tin Cannery Site, located in Pacific Grove on Assessor Parcels (APN) 006-231-001, 006-234-004, 006-234-005, and the portion of Sloat Street between Eardley Avenue and Dewey Street, from Visitor Commercial (C-V) and Heavy Commercial (C-2) to Visitor Commercial (C-V-ATC) to reestablish hotels as a permissible land use?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

David C. Laredo, City Attorney, City of Pacific Grove, California,

Measure X was placed on the ballot by unanimous vote of the City Council of the City of Pacific Grove (City) following its receipt of an initiative petition signed by a legally sufficient number of registered voters of the City.

In 1986, City voters approved an initiative measure (Measure C of 1986) that, among other things, had the effect of prohibiting hotel use at the American Tin Cannery (ATC) site. This site currently bears land use zoning designations of either Visitor Commercial (C-V) or Heavy Commercial (C-2). Voter approval is needed to change these zoning designations and allow hotels as a permissible  land  use  on  the ATC Site.

If approved, Measure X adds Section 23.31.025 to the Pacific Grove Municipal Code, and would establish a single new zoning designation for the entire ATC site -Visitor Commercial (C-V-ATC) - instead of the C-V or C-2 zoning designations that currently apply to separate portions of the ATC site.

If Measure X is approved, allowed land uses on the ATC site would include hotel and accessory  uses, restaurants, bars, lounges, meeting and event facilities, spa and fitness facilities, parking and buildings and structures incidental to those uses. A use permit from the City will be needed for any  of these uses. In addition, the C-V-ATC zone would allow other land uses permitted in the  C-V zone, including uses that may be allowed in the C-V zone by later amendment to the Zoning Code.

Development standards within the C-V-ATC zone shall be governed by the Pacific Grove Local Coastal Program Land Use Plan (LUP), including future amendments that may be made to the LUP. If the LUP does not include applicable standards, development standards shall be included in any applicable use permit. Except as modified by voter initiative, all voter-imposed zoning restrictions on new and existing hotels remain in effect.

Water Use regulations are not affected by Measure X. Water for any approved use at the ATC site will need to rely on available on-site water credits, or upon other water rights as may be allowed consistent with then-current water regulations.

This Measure applies only to the ATC site, located in the City on Assessor Parcels (APN)  006-231-001, 006-234-004, 006-234-005, and the portion of Sloat Street between Eardley Avenue and Dewey Street. The ATC site exists exclusively within the perimeter formed by Ocean View  Boulevard,  Eardley Avenue, Central Avenue  and Dewey Street.

To take effect, Measure X must be approved by a simple majority of City voters who cast ballots in this election.


A "yes" vote on Measure X favors the Measure. A "no" vote on Measure X opposes the Measure.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

Project Bella will be Pacific Grove's only full-service hotel. This Measure, to allow a hotel as a permitted use at the American Tin Cannery location, will provide significant

long-term benefits to the citizens of the City of Pacific Grove:

  • Recognition of Pacific Grove as a world-class destination and an innovative leader in conservation and sustainability
  • Banquet, meeting, and reception rooms that will enable Pacific Grove to host large and small events, keeping that business in Pacific Grove
  • New luxury travelers who will patronize Pacific Grove restaurants, shops, and other businesses
  • State-of-the-art design, construction, and operational programs and technologies, as one of the world's most sustainable hotels, that will save and recycle significant amounts of water and energy and reduce pollution and greenhouse gases
  • An ideal location at the edge of town that will help mitigate traffic impacts and provide additional needed parking for the City, resulting in reduced downtown congestion
  • A visitor and interpretive center and museum that will celebrate Pacific Grove's extraordinary culture, its heritage and historic character, and its unequalled scenic beauty
  • New revenues from transient occupancy taxes, property taxes, and sales and use taxes to support our library, police, fire department, parks, and other City services and operations
  • Three hundred permanent high quality hotel jobs for workers of all skill and education levels, many of whom will be residents of Pacific Grove, plus hundreds of high quality construction phase jobs, many of which will benefit Pacific Grove businesses and residents
  • Direct spending in Pacific Grove by the hotel for a wide range of locally available goods and services, plus local expenditures by many Project Bella employees, who will "shop local," both during construction and when the hotel is operational

To ensure preservation of Pacific Grove's long-term vitality, we urge you to vote YES on this Measure.

Signed By:

Bill Kampe - Mayor

Carmelita Garcia - Former Mayor

Richard Stillwell - Civic Leader

Margaret Jean Anton - Retired Teacher

Jeanne C. Byrne - Former Mayor

— City Manager's Office, City of Pacific Grove, California

Argumento EN CONTRA

Non-transparency: Was the Pacific Grove City Council required to have a special election for this hotel proposal? An election, yes. A Special Election, no. The City Council did it at the behest of the developer. The developer knows that their chances of "slipping this one through" are greater if the vote takes place at a special election rather than at the regular in June, 2016. All City Council members voting for thisspeclal election are by their action pro-developer and anti-transparency.

Revenue: The following developer information is for a hotel of 160 rooms that would generate up to $4,000,000 in transient occupancy taxes. Really? Based on 100% occupancy (the national average for a hotel over the last 10 years varies from 59.7% to 65.1%) and at $500 per night the figure is $2,920,000. At 65% occupancy and $300 per night (one can book the Clement on Trivago 90% of the days of the year for $278, and Seven Gables for a similar amount} the transient occupancy tax would generate only $1,138,800.

Parking/Traffic: According to the developer's own drawings there is less parking than currently exists at the project site. Traffic on Lighthouse and Ocean View will be far worse that now. Parking will ve inadequate.

Water: There is no mention of water.

Too many shenanigans are being pulled by both the developer and, sadly to say, our own PG City Council.

A vote NO is a vote for transparency, and a vote for fairness for all. Why should a developer with too much money be able to bypass the due process that all regular residents of PG have to abide by?

Signed By:

Anthony Peacock

— City Manager's Office, City of Pacific Grove, California

Refutación al argumento A FAVOR

A special election gives the citizens of Pacific Grove the opportunity to focus and vote on the zoning change in a transparent process. The Project Bella proponent has committed to reimburse the City for the cost of the election. The need for a special election coincides with the completion of the City's Local Coastal Plan to be submitted to the California Coastal Commission. 

City revenues include transient occupancy (TOT), sales, and property taxes, not just TOT, and are based on 160 rooms and suites that are divisible up to 225 rooms. A hospitality research firm that collects data on hotel rates and occupancy reports that local hotels comparable to the hotel at the ATC site have significantly higher rates and occupancy than the national and area averages.

Parking for the hotel will be underground, is more than double the existing parking at the site, and is more than that required by code for the hotel. Hotels generate less traffic than retail centers. The planning includes a comprehensive traffic mitigation program.

The project will be developed at the highest level of sustainability (LEED Platinum), including intensive conservation and recycling of water. There is adequate water at the site to support the development. Proven technologies that dramatically reduce water consumption will be incorporated and will demonstrate that Pacific Grove is a leader in promoting sustainable development.

The review and processing of the project application will be conducted by the City in accordance with its standard legal procedures in an open and transparent process.

Signed By:

Craig Bell - Owner, First Awakenings

Mairead Hennessy - General Manager, Asilomar

Elizabeth Shammas - Teacher

Steve Covell - Business Owner

Alan Cohen - Former Council Member

— City Manager's Office, City of Pacific Grove, California

Refutación al argumento EN CONTRA

The subject property should not be rezoned until a new water source is available to Pacific Grove, which obtains water from California American Water Company (Cal-Am). Cal-Am is subject to a Cease and Desist Order (COO) from the state of California, which ordered it to terminate all unlawful diversions from the Carmel River. The COO also prohibits any intensification of water use at existing service addresses resulting from a change in zoning. The Bella Hotel zoning change and proposed 160 rooms and suites (divisible into 225 separate rooms, along with restaurants and retail) will surely result in an intensification of water use compared to the current use.

Since being notified by the State in 1995, Cal-Am has continued to take substantially more water from the Carmel River than their license allows. This has left the river in ruin. Citizens have saved water to offset the effects of the drought and the impending COO deadline, only to face rate increases so that Cal-Am can make up for lost billings.

Clearly, the Bella developers feel assured that in spite of the COO they can use more water. Additional water use could trigger further mandated cutbacks and yet the City and Water District persist with their dishonest water entitlement scheme. Bella developers get more water while we conserve and pay more. The argument in favor is silent about water but you shouldn't be. A NO vote on Measure X is a YES vote for honest water.


Signed By:

Luke Coletti - Citizen Activist

— City Manager's Office, City of Pacific Grove, California

Leer la legislación propuesta

Legislación propuesta


SECTION 1. STATEMENT OF FINDING AND PURPOSE. The American Tin Cannery (ATC) site is one of the major gateways to Pacific Grove. The current land uses at the ATC site do not provide necessary public revenue to Pacific Grove nor the full range of uses sought by residents or visitors to the adjacent Monterey Bay Aquarium and the Cannery Row vicinity. Without voter authority, the ATC site could not be re-developed with "overnight lodging," which the Pacific Grove Local Coastal Program Land Use Plan (Land Use Plan) identifies as a "principal permitted use." The California Coastal Act also establishes "visitor-serving uses," which include overnight lodging, as priority uses in the California coastal zone. The existing voter approved zoning restrictions allow only the uses allowed in the C-V (Visitor Commercial) and C-2 (Heavy Commercial), but hotels are not allowed. Voter authority is required to enhance the commercial viability of this area and to provide for the uses envisioned in the Land Use Plan and California Coastal Act.

SECTION 2. ZONING CODE AMENDMENT. Section 23.31.025 is added to Pacific Grove Municipal Code Section as follows:

Section 23.31.025. Visitor Commercial-American Tin Cannery (C-V-ATC)

(a) Boundaries of District. The C-V-ATC zoning district shall apply to the American Tin Cannery site that is comprised of Assessor's Parcel Numbers: 006-231-001, 006-234-004, and 006-234-005 and that segment of Sloat Avenue that is contiguous to the American Tin Cannery site.

(b) Uses Permitted. Notwithstanding any other prm-ision of the Pacific Grove Municipal Code, the following uses shall be permitted in the C-V-A TC zoning district:

  1. Hotels and any accessory uses, such as restaurants, bars and lounges, meeting and event facilities, spa and fitness facilities, parking, and buildings, spaces, and structures incidental to such uses, subject to first securing a use permit.
  2.  All uses that are permitted in the C-V zoning district and additional uses permitted by subsequent amendment to the zoning ordinance.

(c) Development Standards. Development Standards in the C-V-ATC zoning district, including floor area coverage, density, setbacks and height limits shall be in accordance with the applicable standards set forth in the Local Coastal Program Land Use Plan, as updated or amended, or if no such standards are provided in the Local Coastal Program Land Use Plan, as updated or amended, in accordance with the standards set forth in the use permit or other required permit for a use allowed in the C-V-ATC zoning district.

(d) Except as modified by this Section 23.31.025, all provisions of the motel/hotel regulation ballot measure enacted by the people at the June 3, 1986, special municipal election, as set out at Chapter 23.52, shall remain unchanged and in full force and effect.

SECTION 3. SEVERABILITY. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereo f, or its application to other persons or circumstances. The People hereby declare that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 4. MEASURE PREVAILS. If any provision, section, paragraph, sentence, clause, or phrase of this measure, or any part thereof is for any reason found inconsistent with other provisions of the Pacific Grove Municipal Code, the provisions of this measure shall prevail.


SECTION 5. EFFECTIVE DATE. If approved by a majority of the voters voting on this ordinance, this ordinance shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten days following that date.

¿Quién está a favor y en contra de esta iniciativa de ley?

Sí por Measure X

Organizaciónes (1)

Funcionarios electos y designados (0)
No por Measure X
Organizaciónes (0)
Funcionarios electos y designados (0)

Más información

Noticias (1)

Campaign against Measure X emerges in Pacific Grove — March 21, 2016 Monterey Hearld
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