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2. CONTRACTOR shall initiate contacts with state agencies, and sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
3. CONTRACTOR shall (i) prepare and submit to the Department of Tax and Fee Administration information for the purpose of correcting allocation errors that are identified and (ii) follow-up with individual businesses and the California Department of Tax and Fee Administration to promote recovery by the CITY of back or prospective quarterly payments that may be owing.
4. If during the course of its audit, CONTRACTOR finds businesses located in the CITY that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to the CITY, CONTRACTOR may so advise CITY and work with those businesses and the CITY to encourage such changes.
E. DEFICIENCY/ALLOCATION REVIEWS AND RECOVERY
1.CONTRACTOR shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the CITY. Said reviews shall include:
(i) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measures “U” and “A” CITY boundaries, and therefore subject to transactions tax.
(ii) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the CITY boundaries.
(iii) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.
(iv) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measures “U” and “A” Transactions Tax District.
2. CONTRACTOR will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.
3.CONTRACTOR shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified, and shall follow-up with the individual businesses and the California PGCC 6-18-25
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Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.
F. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT
1.CONTRACTOR shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measures “U” and “A” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.
2.CONTRACTOR shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories.
Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.
3.CONTRACTOR shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on sales, transactions and use tax questions.
4. CONTRACTOR shall make available to CITY the HdL proprietary software program and Measures “U” and “A” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.
G. BUSINESS LICENSE TAX OPERATIONS AND COMPLIANCE SERVICES
1. Business License Tax Operations Management
1.1. Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to business license into HdL’s internal administration tools.
HdL will maintain the data and provide copies of data or reports at the City’s request. City will not be required to use or maintain any software in house for managing the business license registry.
1.2. Renewal Processing – Send active business license accounts a renewal notice within 30 days of the renewal period end date. Accounts will receive all applicable forms necessary to complete the renewal process.
1.3. New Account Processing – HdL will process any new business license applications and complete the new account registration process in a timely fashion.
1.4. Payment Posting/Processing – HdL will process all payments for new and renewal accounts. License accounts will be updated with payment information and revenues will be remitted to the City net banking and related processing fees on no less than a monthly basis.
1.5. Business Support Center – HdL will provide businesses with multiple support options for registering, renewing, making payments and for general inquiries.
Businesses will have access to our license specialists Monday through Friday, PGCC 6-18-25
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8:00am to 5:00pm Pacific, via phone, mail, e-mail, fax, and the Business Support Center On-Line.
1.6. On-Line Filing & Payment Processing – HdL will make available options for businesses to visit a website, linked to the City’s website, to submit online transactions.
2. Local Tax Compliance Services – HdL will ensure a level playing field for the business community and maximize revenues to the City. Discovery services will be conducted to identify and register businesses which are subject to licensure or taxation. Audit services will identify under reported tax liability for business and lodging providers. Collections Services will collect known debt from businesses that did not pay in full during the registration or renewal process. The scope of work to be performed will be mutually agreed upon by HdL and City prior to implementation.
2.1. Discovery – Discovery services are designed to identify entities subject to licensure/taxation that are not currently registered or otherwise non-compliant.
2.1.1. Lead Identification – Develop a list of entities subject to licensure/taxation within the City.
2.1.2. Exception Resolution – Compare the list to City registration databases to remove properly registered businesses and identify and remove other potential exceptions.
2.1.3. Compliance Communication Process – Initiate contact with confirmed entities through a series of City approved communication methods. HdL will make every effort to simplify the process for taxpayers, utilizing a variety of mediums for communication including mail, telephone, email, and web-site access. Potential non-compliant entities are notified of their options to comply or dispute their non-compliant status. HdL offers extended office hours for support via our Business Support Center available to taxpayers 8:00am – 5:00pm Monday - Friday.
2.1.4. Document Submission / Processing – Review Taxpayer submissions such as applications for completion and accuracy prior to processing. Collect additional documentation such as a home occupation permit and forward to other City departments either as a pre-requisite or as a courtesy for the taxpayer and other departments. All submissions are filed and stored electronically and made available to the City upon request.
2.1.5. Invoicing – Once application has been approved, invoice entity indicating detailed tax calculations and balances owed. Taxpayers are given the opportunity to pay their balances via mail, online, and other methods.
HdL will provide Taxpayers continued access to the Business Support Center for any questions or disputes arising from the invoice process.
2.1.6. Remittance – Upon collection of all requirements including payment, application and other prerequisites, HdL will prepare a remittance package including payment documentation as well as copies of all taxpayer correspondence and relevant information. Remittances are done on no less than a monthly basis. Remittances packages done electronically via the HdL electronic remittance process will include Applications and PGCC 6-18-25
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other relevant information an electronic format. Revenues received are deposited into an HdL trust account and funds are distributed to the City in one payment net HdL’s fees.
2.2. Audit – Audit services are designed to identify businesses that are registered but not properly reporting or paying the correct amounts. Services to be performed may include:
2.2.1. Identify potential underreporting and/or misclassified businesses by comparing City records with HdL business inventories.
2.2.2. Review/audit entities mutually agreed to by City and HdL that are identified as potential underreporting businesses or other entities requiring review.
2.2.3. Submit audit summaries to City staff and meet with staff to review and discuss further actions.
2.2.4. Educate businesses on proper reporting practices.
2.2.5. Invoice and collect identified deficiencies.
2.3. City’s responsibilities
2.3.1. Data – City will provide its relevant business databases, such as the business license registry (registrations and payments), and any other information necessary for the compliance process or to facilitate HdL’s invoicing of services, to HdL according to a schedule acceptable to both HdL and the City. City agrees to provide the data as long as this Agreement is active, and thereafter for so long as HdL’s right to invoice for services rendered continues.
2.3.2. City agrees to use reasonable and diligent efforts to collect, or to assist HdL in the collection of, deficiencies identified by HdL pursuant to this Agreement.
H. TRANSIENT OCCUPANCY TAX OPERATIONS MANAGEMENT
1. Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to TOT into HdL’s internal administration tools. HdL will maintain the data and provide reports to the City.
2. Return Processing – HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process.
3. New Account Processing – HdL will process any new TOT registrations for lodging establishments that change hand or newly offered properties.
4. Payment Posting / Processing – HdL will process all payments made for new and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL’s fees on no less than a monthly basis.
5. Customer Support Center – HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries.
PGCC 6-18-25
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Lodging providers will be able to access one of our tax specialists Monday-Friday 8:00am to 5:00pm Pacific via phone, email, fax, and the online support center.
6. On-Line Filing & Payment Processing – HdL will provide a website for lodging providers to make payments online.
7. Compliance Monitoring – HdL will ensure accurate filings of TOT returns by consistently monitoring returns and providing compliance audits as mutually agreed to by the City and HdL.
8. Annual Reporting – In addition to standard monthly reports, HdL will continue to provide the City with annual analysis reports designed to provide key insights in the lodging provider community and the details on reporting of each lodging provider.
PGCC 6-18-25
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Exhibit B
Payment Schedule
A. Sales, Use and Transactions Tax Auditing and Information Services
1. CONTRACTOR’S compensation for performing Sales and Use Tax Services related to audit recoveries shall be 15% of all new sales and use tax revenue received by the City.
This audit fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit revenues and includes retroactive back quarter adjustments obtained by HdL.
CONTRACTOR shall provide the sales tax and economic analysis Services described in Exhibit A for a fee of $350 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears, and shall be paid by CITY no later than 30 days after the invoice date. The monthly fee shall increase annually following the month of the Effective Date by the percentage increase in the “CPI” for the preceding twelve-month period. In no event shall the monthly fee be reduced by this calculation. For purposes of this Agreement, the “CPI” shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest CITY, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by HdL.
CONTRACTOR shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses per Measure. The monthly fee shall be invoiced quarterly in arrears, and shall be paid by CITY no later than 30 days after the invoice date. The monthly fee shall increase annually following the month of the Effective Date by the percentage increase in the “CPI” for the preceding twelve-month period. In no event shall the monthly fee be reduced by this calculation. For purposes of this Agreement, the “CPI” shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest CITY, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by HdL.
CONTRACTOR shall be paid 25% of the initial amount of new transactions or use tax revenue received by the CITY as a result of audit and recovery work performed by CONTRACTOR (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by CITY or CONTRACTOR to be increment attributable to causes other than CONTRACTOR'S work pursuant to this agreement.
In the event that CONTRACTOR is responsible for an increase in the tax reported by businesses already properly making tax payments to the CITY, it shall be CONTRACTOR'S responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for those specific quarters identified as being PGCC 6-18-25
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missing and/or deficient following completion of the audit by CONTRACTOR and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter.
CONTRACTOR shall provide CITY with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.
B. Business License Tax Operations Management Services
1. Compensation - HdL’s compensation for performing Business License Tax Operations Management Services related to business license is a fee of $14.99 per processed account, per year. City will be invoiced monthly or quarterly for activity during the prior period.
For the purpose of compensation calculation, processed account means any account for which renewals/returns are processed or which were sent a renewal notice.
2. CPI Adjustment – Fees for Business License Tax Operations Management Services are adjusted at the beginning of each calendar year by the change in the Consumer Price Index – West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. Each annual adjustment will not be less than two percent (2%) or greater than ten percent (10%).
3. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. HdL is dedicated to conserving public funds, and ensures any travel costs are indeed required and reasonable.
C. LOCAL TAX COMPLIANCE SERVICES
1. Discovery – HdL’s fee for performing Local Tax Discovery services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.
1.1 City Discovery Discount – HdL’s fee for following up on accounts that are identified and confirmed as non-compliant by the City shall be a contingency fee of 25% of the revenues received as a result of the service. This fee also applies to delinquent business license tax accounts referred by the City as failing to make payment or properly renew an existing license.
2. Audit – HdL’s fee for performing Local Tax Audit services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.
3. Collection – HdL’s fee for performing collections services shall be a contingency fee of 25% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.
PGCC 6-18-25
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4. Option to waive tax recovery – City may, at its discretion, elect to waive or reduce the tax recovery for a business. Should the City elect to waive all or a portion of the deficiency identified by HdL, HdL shall be entitled to compensation in the amount of one half (1/2) of the compensation HdL would have otherwise earned on the waived/reduced amount.
Deficiencies which are uncollectable due to insolvency or dissolution of the customer, or for deficiencies which are otherwise incapable of collection (e.g. statute of limitations or other legal defense) shall not be considered a voluntary election to waive by the City, and thus HdL would not be entitled to compensation for these amounts.
D. Transient Occupancy Tax Operations Management Service
1. Compensation - HdL’s compensation for performing Transient Occupancy Tax Operations Management Services related to transient occupancy tax is $100.00 per lodging property, per year.
2. CPI Adjustment – Fees for Transient Occupancy Tax Operations Management Services are adjusted at the beginning of each calendar year by the change in the Consumer Price Index –West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. Each annual adjustment will not be less than two percent (2%) or greater than ten percent (10%).
3. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. HdL is dedicated to conserving public funds and ensures any travel costs are indeed required and reasonable.
Additional Services may be performed at a range of $95.00 to $325.00 per hour, depending on the complexity of tasks involved.
E. Payments
HdL will provide detailed invoices for all work completed. City will submit payment to HdL within 30 days of receiving the invoice.
PGCC 6-18-25
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Exhibit C
Insurance Specifications
General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. [Optional depending on limits required] VENDOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
VENDOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
PGCC 6-18-25
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Other provisions or requirements
Proof of insurance. VENDOR shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. VENDOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by VENDOR, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by VENDOR or City will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
PGCC 6-18-25
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Enforcement of contract provisions (non estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of the City to inform VENDOR of noncompliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. VENDOR agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the PGCC 6-18-25
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VENDOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the VENDOR, the City and VENDOR may renegotiate VENDOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
Timely notice of claims. VENDOR shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
PGCC 6-18-25
Agenda No. 10 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Garrett McCown, Associate Planner & RFP Coordinator MEETING DATE: June 18, 2025
SUBJECT: Historic Resources Committee Meeting Minutes: December 2024 through April 2025
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive minutes.
Attachments
HRC Minutes 12.18.2024
HRC Minutes 1.22.2025
HRC Minutes 2.26.2025
HRC Minutes 3.26.2025
HRC Minutes 4.23.2025
PGCC 6-18-25
HISTORIC RESOURCES COMMITTEE
APPROVED MINUTES
SPECIAL MEETING AGENDA
Wednesday, December 18, 2024, 1:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF
THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_HRC
Please click here for directions to dial into the meeting audio.
AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Anton called the meeting to order at 3:00pm. Chair Anton conducted roll call with the following members present in the Chamber: Chair Anton, committee members Grannis, and Bicket. Vice Chair Steres and Member Greening were absent.
2. APPROVAL OF AGENDA
ACTION: Upon motion by member Bicket and seconded by member Grannis, the committee voted to approve the agenda, as amended: Item 8b was continued to the January 22, 2025 HRC meeting.
Motion carried 3-0-2, by the following vote:
AYES: Chair Anton, Committee members Bicket, and Grannis NOES: None
ABSENT: Vice Chair Steres, Member Greening
PGCC 6-18-25
3. COMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Anton made announcements.
4. COUNCIL LIAISON ANNOUNCEMENTS
Council Member Tina Rau made announcements.
5. GENERAL PUBLIC COMMENT
Lisa Ciani
Inge Lorentzen Daumer
Anthony Ciani
A. Written General Public Comment
Anthony Ciani
CONSENT AGENDA
6. REPORTS FOR INFORMATION ONLY
None
7. REPORTS REQUIRING ACTION
A. Minutes of the November 20, 2024, Historic Resources Committee Special Meeting Reference: Garrett McCown, Associate Planner
Recommended Action: Approve the minutes of the November 20, 2024, Historic Resources Committee Special Meeting.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Adoption of HRC Resolution No. 24-003
Reference: Garrett McCown, Associate Planner
Recommended Action: Adopt Resolution 24-003 recording the actions of the November 20, 2024, Historic Resources Committee hearing whereby historic determinations were made based on the recommendations of the Historic Resources Inventory Update Survey.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Initial Historic Screening (IHS) 24-0257 for 153 Sloat Avenue (APN 006-234-003) Zoning District/General Plan Designation: C-2 / CEC
Coastal Zone: Yes
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines PGCC 6-18-25
Section 15378
Recommended Action: Staff recommends the Historic Resources Committee recommend to the Community Development Director that the property known as 153 Sloat Avenue is not eligible for the Historic Resources Inventory based on review of property files indicating that the property does not exhibit the architectural characteristics of the styles described in Section 7.3 of the General Plan or Section IV of the Historic Context Statement.
Reference: Joseph Sidor, Contract Planner
D. Initial Historic Screening (IHS) 24-0256 for 155 Sloat Avenue (APN 006-234-002) Zoning District/General Plan Designation: C-2 / CEC
Coastal Zone: Yes
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff recommends the Historic Resources Committee recommend to the Community Development Director that a determination of ineligibility cannot be made and that a Phase 1 historic assessment is needed to determine the historicity of the structure located at the property known as 155 Sloat Avenue.
Reference: Joseph Sidor, Contract Planner
E. Initial Historic Screening (IHS) 24-0255 for 1144 Seaview Avenue (APN 006-713-014) Zoning District/General Plan Designation: R-1/ Medium Density Residential (7.0 du/ac) Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff recommends that the Historic Resources Committee recommend to the Community Development Director that the property known as 1144 Seaview Avenue, is not eligible for the Historic Resources Inventory based on review of property files and Sanborn maps indicating that the property does not exhibit the architectural characteristics of the styles described in Section 7.3 of the General Plan or Section IV of the Historic Context Statement.
Reference: Garrett McCown, Associate Planner
ACTION: Upon motion by member Bicket and seconded by member Grannis, the committee voted to approve the consent agenda as amended: 153 Sloat Ave. and 155 Sloat Ave were pulled and put on the Regular Agenda as 8C and 8D, respectively.
Motion carried 3-0-2, by the following vote:
AYES: Chair Anton and Committee members Bicket, and Grannis NOES: None
ABSENT: Vice Chair Steres and member Greening
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REGULAR AGENDA
8. PUBLIC HEARINGS
A. Architectural Permit (AP) and Administrative Use Permit (AUP) 24-0136, 542 Lighthouse Avenue, Pacific Grove (APN 006-173-003); Continued from November 20, 2024.
Zoning District/General Plan Designation: C-D / D
Coastal Zone: No
Historic Resources Inventory: Yes
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
Recommended Action: Approve the Architectural Permit and Administrative Use Permit subject to the recommended findings, conditions of approval, and Class 1 Categorical Exemption (CEQA Guidelines Sections 15301, Existing Facilities).
Reference: Joseph Sidor, Contract Planner
Contract Senior Planner, Joe Sidor, presented staff report.
Public Comment:
Lisa Ciani
Tony Ciani
Inge Lorentzen Daumer
ACTION: Upon motion by Chair Anton and seconded by member Grannis, the committee voted to approve AP/AUP 24-0136 for 542 Lighthouse Avenue with the condition(s) to add matte texture and neutral grey/sky color to the screening.
Motion carried 3-0-2, by the following vote:
AYES: Chair Anton, Committee members Bicket and Grannis NOES: None
ABSENT: Vice Chair Steres, Member Greening
RECUSED: None
B. Page and Turnbull Recommendation to delete 127 Grand Avenue (APN 006-157-012) from the City's Historic Resources Inventory (HRI); Continued from November 20, 2024.
Zoning District/General Plan Designation: R-3-PGR/High Density Residential 19.8 DU/ac
Coastal Zone: Yes
Historic Resources Inventory: Yes
CEQA: Does not constitute a Project per California Environmental Quality Act PGCC
Guidelines
6-18-25
Section 15378
Recommended Action: Staff recommends that the Historic Resources Committee remove 127 Grand Avenue from the HRI due to loss of Historic Integrity based on the Page and Turnbull Survey, review of property files, Sanborn maps, and Heritage Society of Pacific Grove documentation.
Reference: Garrett McCown, Associate Planner
During the approval of the agenda, the HRC amended the agenda and continued 127 Grand Avenue to the January 22, 2025 HRC meeting.
C. Initial Historic Screening (IHS) 24-0257 for 153 Sloat Avenue (APN 006-234-003) Zoning District/General Plan Designation: C-2 / CEC
Coastal Zone: Yes
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff recommends the Historic Resources Committee recommend to the Community Development Director that the property known as 153 Sloat Avenue is not eligible for the Historic Resources Inventory based on review of property files indicating that the property does not exhibit the architectural characteristics of the styles described in Section 7.3 of the General Plan or Section IV of the Historic Context Statement.
Reference: Joseph Sidor, Contract Planner
This item was a consent item, so staff did not prepare a presentation.
Public Comment:
Tony Ciani
Lisa Ciani
Inge Lorentzen Daumer
ACTION: Upon motion by member Bicket and seconded by member Grannis, the committee voted to require a Phase I Historic Assessment, for 153 Sloat Avenue.
Motion carried 3-0-2, by the following vote:
AYES: Chair Anton, Committee members Grannis and Bicket NOES: None
ABSENT: Vice Chair Steres, Member Greening
D. Initial Historic Screening (IHS) 24-0256 for 155 Sloat Avenue (APN 006-234-002) Zoning District/General Plan Designation: C-2 / CEC
Coastal Zone: Yes
Historic Resources Inventory: No
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CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff recommends the Historic Resources Committee recommend to the Community Development Director that a determination of ineligibility cannot be made and that a Phase 1 historic assessment is needed to determine the historicity of the structure located at the property known as 155 Sloat Avenue.
Reference: Joseph Sidor, Contract Planner
This item was a consent item, so staff did not prepare a presentation.
Public Comment:
Inge Lorentzen Daumer
Tony Ciani
ACTION: Upon motion by member Bicket and seconded by member Grannis, the committee voted to require a Phase I Historic Assessment, for 155 Sloat Avenue.
Motion carried 3-0-2, by the following vote:
AYES: Chair Anton, Committee members Grannis and Bicket NOES: None
ABSENT: Vice Chair Steres, Member Greening
9. CONTINUED AND ONGOING BUSINESS
10. NEW BUSINESS
11. RESENTATIONS
12. NEXT MEETING - January 22, 2025
13. ADJOURNMENT
1:40pm
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
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HISTORIC RESOURCES COMMITTEE
APPROVED MINUTES
REGULAR MEETING AGENDA
Wednesday, January 22, 2025, 3:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF
THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_HRC
Please click here for directions to dial into the meeting audio.
AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Anton called the meeting to order at 3:00pm. Chair Anton conducted roll call with the following members present in the Chamber: Chair Anton, Vice Chair Steres, and committee members Grannis and Greening. Member Bicket absent.
2. APPROVAL OF AGENDA
ACTION: Upon motion by Vice Chair Steres and seconded by member Grannis, the committee voted to approve the agenda.
Motion carried 4-0-1, by the following vote:
AYES: Chair Anton, Vice Chair Steres, and Committee members Greening, and Grannis
NOES: None
ABSENT: Member Bicket
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3. COMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Anton made announcements.
Staff made announcements.
4. COUNCIL LIAISON ANNOUNCEMENTS
Council Member Rau was absent.
5. GENERAL PUBLIC COMMENT
Anthony Ciani
A. Written General Public Comment
Anthony Ciani
CONSENT AGENDA
6. REPORTS FOR INFORMATION ONLY
NONE
7. REPORTS REQUIRING ACTION
A. Minutes of the December 18, 2024, Historic Resources Committee Special Meeting Reference: Garrett McCown, Associate Planner
Recommended Action: Approve the minutes of the December 18, 2024, Historic Resources Committee Special Meeting.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
ACTION: Upon motion by member Greening and seconded by member Grannis, the committee voted to approve the consent agenda.
Motion carried 4-0-1, by the following vote:
AYES: Chair Anton, Vice Chair Steres, Committee members Greening, and Grannis NOES: None
ABSENT: Member Bicket
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REGULAR AGENDA
8. PUBLIC HEARINGS
A. Page and Turnbull Recommendation to delete 127 Grand Avenue (APN 006-158-012) from the City's Historic Resources Inventory (HRI); Continued from December 18, 2024 Zoning District/General Plan Designation: R-3-PGR/High Density Residential 19.8 DU/ac
Coastal Zone: Yes
Historic Resources Inventory: Yes
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff recommends that the Historic Resources Committee remove 127 Grand Avenue from the HRI due to loss of Historic Integrity based on the Page and Turnbull Survey, review of property files, Sanborn maps, and Heritage Society of Pacific Grove documentation.
Reference: Garrett McCown, Associate Planner
Associate Planner, Garrett McCown, presented staff report.
Public Comment:
Anthony Ciani
Inge Lorentzen Daumer
Lisa Ciani
ACTION: Upon motion by Vice Chair Steres and seconded by member Grannis, the committee voted to retain 127 Grand Avenue on the Historic Resources Inventory because it meets criterion (h), the property has characteristics uniquely representing an established and familiar visual feature of the neighborhood.
Motion carried 3-0-1-1, by the following vote:
AYES: Vice Chair Steres, Committee members Greening and Grannis NOES: None
ABSENT: Member Bicket
RECUSED: Chair Anton
9. CONTINUED AND ONGOING BUSINESS
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NONE
10. NEW BUSINESS
NONE
11. PRESENTATIONS
NONE
12. NEXT MEETING - February 26, 2025
13. ADJOURNMENT – 3:28 pm
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
PGCC 6-18-25
HISTORIC RESOURCES COMMITTEE
APPROVED MINUTES
REGULAR MEETING AGENDA
Wednesday, February 26, 2025, 3:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF
THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_HRC
Please click here for directions to dial into the meeting audio.
AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Anton called the meeting to order at 3:00pm. Chair Anton conducted roll call with the following members present in the Chamber: Chair Anton and committee members Collins, Grannis and Greening. Vice Chair Steres arrived at 3:01 pm.
2. ELECTION OF OFFICERS
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Hold an election of Chair and Vice Chair, and appointment of Secretary, in accordance with the City's Boards, Committees, and Commissions Handbook dated March 20, 2024.
Reference: Garrett McCown, Associate Planner
Upon motion by member Greening and seconded by member Collins, the committee nominated Chair Anton to continue as Chair for the Historic Resources Committee Year 2025.
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Motion carried 5-0, by the following roll call vote:
AYES: Greening, Collins, Grannis, Vice Chair Steres, Chair Anton NOES: None
Upon motion by Chair Anton and seconded by member Grannis, the committee nominated member Greening to be Vice Chair for the Historic Resources Committee Year 2025.
Motion carried 5-0, by the following roll call vote:
AYES: Chair Anton, Vice Chair Steres, Grannis, Greening, Collins NOES: None
3. APPROVAL OF AGENDA
ACTION: Upon motion by Vice Chair Greening and seconded by member Collins, the committee voted to approve the agenda.
Motion carried 5-0-, by the following vote:
AYES: Chair Anton, Vice Chair Greening, and Committee members Steres, and Grannis, Collins
NOES: None
4. COMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Anton made announcements.
5. COUNCIL LIAISON ANNOUNCEMENTS
Council member Rau made announcements.
6. GENERAL PUBLIC COMMENT
Lisa Ciani
A. Written General Public Comment
None
CONSENT AGENDA
7. REPORTS FOR INFORMATION ONLY
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None
8. REPORTS REQUIRING ACTION
A. Initial Historic Screening (IHS) 24-0258 for 815 Grove Acre Avenue (APN 006-611-014) Zoning District/General Plan Designation: R-1-B-3/Low Density Residential 4.4 DU/ac Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff requests that the Historic Resources Committee provide an Initial Historic Screening Determination recommendation to the Community Development Director for the property located at 815 Grove Acre Avenue. Based on the review of the City of Pacific Grove Historic Context Statement, property files, and the evaluation criteria listed in PGMC 23.76.025, staff recommends the HRC make a determination of ineligibility.
Reference: Garrett McCown, Associate Planner
B. Minutes of the January 22, 2025 Historic Resources Committee Regular Meeting Reference: Garrett McCown, Associate Planner
Recommended Action: Approve the minutes of the January 22, 2025, Historic Resources Committee Regular Meeting.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Initial Historic Screening (IHS) 25-0037 for 645 Spruce Avenue (APN 006-477-002) Zoning District/General Plan Designation: R-1/ Medium Density Residential (12.0 du/ac) Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff requests that the Historic Resources Committee provide an Initial Historic Screening Determination recommendation to the Community Development Director for the property located at 645 Spruce. Based on the review of the City of Pacific Grove Historic Context Statement, property files, and the evaluation criteria listed in PGMC
23.76.025, staff recommends the HRC make a determination of ineligibility.
Reference: Garrett McCown, Associate Planner
ACTION: Upon motion by Vice Chair Greening and seconded by member Collins, the committee voted to approve the consent agenda as modified, Item 8C was pulled and put on the Regular Agenda as 9C.
Motion carried 5-0, by the following vote:
AYES: Chair Anton, Vice Chair Greening, Committee members Steres, Collins, and Grannis
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NOES: None
REGULAR AGENDA
9. PUBLIC HEARINGS
A. Recommendation to the Planning Commission for Architectural Permit 24-0226, 487 Ocean View Boulevard, Pacific Grove (APN 006-183-002)
Zoning District/General Plan Designation: R-3-PGR / Medium High Density Residential 10 - 20 du/ac
Coastal Zone: Yes
Historic Resources Inventory: Yes
CEQA: Categorical Exemption, CEQA Guidelines 15331, Historical Resources Restoration/Rehabilitation
Recommended Action: Staff recommends the Historic Resources Committee recommend the Planning Commission approve Architectural Permit (AP) 24-0226, subject to the findings, recommended conditions, and Class 1 and Class 31 CEQA categorical exemptions.
Reference: Joseph Sidor, Contract Planner
Contract Senior Planner, Joe Sidor, presented staff report.
Project architect Jeanne Byrne presented report.
Public Comment:
Ms. Flatley
Deborah Rhodes
Jeffery Becom
Lisa Ciani
ACTION: Upon motion by member Collins and seconded by member Grannis, the committee voted to approve the project at 487 Oceanview Blvd.
Motion carried 4-0-1, by the following vote:
AYES: Chair Anton, Vice Chair Steres, and Committee members Collins, Grannis NOES: None
RECUSED: Vice Chair Greening
B. Community Goal Recommendations
Zoning District/General Plan Designation: N/A
Coastal Zone: N/A
Historic Resources Inventory: N/A
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CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Discuss proposed goals for recommendation to the City Council within the guidance and parameters provided and approve up to 3 goals to recommend for City Council consideration for inclusion in the 2025-2027 Community Goals and Work plan.
Reference: Matt Mogensen, City Manager
Senior Planner, Aaron Campbell, presented staff report.
Public Comment:
Lisa Ciani
Inge Lorentzen Daumer
ACTION: Upon motion by Vice Chair Greening and seconded by member Collins, the committee voted to approve 3 goals (1. Prioritize the protection of the Historic Character of Pacific Grove by creating a Neighborhood Character List or Historic Districts. 2. Authorize funding for the application/nomination of Chataqua Hall for the National Register of Historic Places and restoration/rehabilitation. 3. Continue the positive working relationship with staff and council) to be given to the city council.
Motion carried 5-0, by the following vote:
AYES: Chair Anton, Vice Chair Greening, Committee members Steres, Collins, and Grannis
NOES: None
C. Initial Historic Screening (IHS) 25-0037 for 645 Spruce Avenue (APN 006-477-002) Zoning District/General Plan Designation: R-1/ Medium Density Residential (12.0 du/ac) Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff requests that the Historic Resources Committee provide an Initial Historic Screening Determination recommendation to the Community Development Director for the property located at 645 Spruce. Based on the review of the City of Pacific Grove Historic Context Statement, property files, and the evaluation criteria listed in PGMC
23.76.025, staff recommends the HRC make a determination of ineligibility.
Reference: Garrett McCown, Associate Planner
ACTION: Upon motion by Vice Chair Greening and seconded by member Collins, the committee voted to make a recommendation to the CDD Director to make a determination that 645 Spruce Ave. is ineligible for the HRI.
Motion carried 5-0, by the following vote:
AYES: Chair Anton, Vice Chair Greening, Committee members Steres, Collins, and Grannis
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NOES: None
10. CONTINUED AND ONGOING BUSINESS
None
11. NEW BUSINESS
None
12. PRESENTATIONS
None
13. NEXT MEETING - March 26, 2025
14. ADJOURNMENT
4:15pm
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
PGCC 6-18-25
HISTORIC RESOURCES COMMITTEE
APPROVED MINUTES
REGULAR MEETING AGENDA
Wednesday, March 26, 2025, 3:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF
THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_HRC
Please click here for directions to dial into the meeting audio.
AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Anton called the meeting to order at 3:00pm. Chair Anton conducted roll call with the following members present in the Chamber: Chair Anton and committee members Collins and Grannis. Vice Chair Greening was absent.
2. APPROVAL OF AGENDA
ACTION: Upon motion by member Collins and seconded by member Grannis, the committee voted to approve the agenda.
Motion carried 3-0-1, by the following vote:
AYES: Chair Anton and Committee members Grannis and Collins NOES: None
ABSENT: Vice Chair Greening
3. COMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Anton made announcements.
PGCC 6-18-25
Associate Planner, Garrett McCown, made announcements.
4. COUNCIL LIAISON ANNOUNCEMENTS
None
5. GENERAL PUBLIC COMMENT
Lisa Ciani
Inge Lorentzen Daumer
A. Written General Public Comment
None
CONSENT AGENDA
6. REPORTS FOR INFORMATION ONLY
None
7. REPORTS REQUIRING ACTION
A. Initial Historic Screening (IHS) 25-0052 for 265 Gibson Avenue (APN 006-526-001) Zoning District/General Plan Designation: R-1/ Medium Density Residential (10.9 du/ac) Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff requests that the Historic Resources Committee provide an Initial Historic Screening Determination recommendation to the Community Development Director for the property located at 265 Gibson Avenue. Based on the review of the City of Pacific Grove Historic Context Statement, Pacific Grove Heritage Society documents, property files, and the evaluation criteria listed in PGMC 23.76.025, staff recommends the HRC make a determination of ineligibility.
Reference: Garrett McCown, Associate Planner
B. Minutes of the February 26, 2025, Historic Resources Committee Regular Meeting Reference: Garrett McCown, Associate Planner
Recommended Action: Approve the minutes of the February 26, 2025, Historic Resources Committee Regular Meeting.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
ACTION: Upon motion by member Grannis and seconded by member Collins, the committee voted to approve the consent agenda. PGCC 6-18-25
Motion carried 3-0-1, by the following vote:
AYES: Chair Anton and Committee members Collins and Grannis NOES: None
ABSENT: Vice Chair Greening
REGULAR AGENDA
8. PUBLIC HEARINGS
None
9. CONTINUED AND ONGOING BUSINESS
None
10. NEW BUSINESS
None
11. PRESENTATIONS
None
12. NEXT MEETING - April 23, 2025
13. ADJOURNMENT
3:14pm
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
PGCC 6-18-25
HISTORIC RESOURCES COMMITTEE
APPROVED MINUTES
REGULAR MEETING AGENDA
Wednesday, April 23, 2025, 3:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF
THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_HRC
Please click here for directions to dial into the meeting audio.
AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Anton called the meeting to order at 3:00pm. Chair Anton conducted roll call with the following members present in the Chamber: Chair Anton, Vice Chair Greening, and committee members Collins.
2. APPROVAL OF AGENDA
ACTION: Upon motion by Vice Chair Greening and seconded by member Collins, the committee voted to approve the agenda.
Motion carried 3-0, by the following vote:
AYES: Chair Anton, Vice Chair Greening, and committee member Collins NOES: None
ABSENT: None
3. COMMITTEE AND STAFF ANNOUNCEMENTS (City-Related Items Only) Chair Anton made announcements.
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4. COUNCIL LIAISON ANNOUNCEMENTS
None
5. GENERAL PUBLIC COMMENT
Lisa Ciani
A. Written General Public Comment
None
CONSENT AGENDA
6. REPORTS FOR INFORMATION ONLY
None
7. REPORTS REQUIRING ACTION
A. Minutes of the March 26, 2025, Historic Resources Committee Regular Meeting Reference: Garrett McCown, Associate Planner
Recommended Action: Approve the minutes of the March 26, 2025, Historic Resources Committee Regular Meeting.
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Initial Historic Screening (IHS) 25-0063 for 230 7th Street (APN 006-251-008) Zoning District/General Plan Designation: R-2 / High Density Residential (21 du/ac) Coastal Zone: No
Historic Resources Inventory: No
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
Recommended Action: Staff requests that the Historic Resources Committee provide an Initial Historic Screening Determination recommendation to the Community Development Director for the property located at 230 7th Street. Based on the review of the City of Pacific Grove Historic Context Statement, property files, and the evaluation criteria listed in PGMC 23.76.025, staff recommends the HRC make a determination of ineligibility.
Reference: Anna Bornstein, Associate Planner
ACTION: Upon motion by member Collins and seconded by Vice Chair Greening, the committee voted to approve the consent agenda.
Motion carried 3-0, by the following vote:
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AYES: Chair Anton, Vice Chair Greening, and committee members Collins NOES: None
ABSENT: None
REGULAR AGENDA
8. PUBLIC HEARINGS
None
9. CONTINUED AND ONGOING BUSINESS
None
10. NEW BUSINESS
None
11. PRESENTATIONS
None
12. NEXT MEETING - May 28, 2025
13. ADJOURNMENT
3:04 pm
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
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Agenda No. 11 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joseph Sidor, Contract Planner
MEETING DATE: June 18, 2025
SUBJECT: Consider Appeals of Coastal Development Permit (CDP) 25-0031, Recreation Trail Realignment within the Ocean View Blvd Right-of-Way, Pacific Grove CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
RECOMMENDATION
Staff recommends the City Council deny the appeals and approve Coastal Development Permit (CDP) 25-0031, subject to the findings, recommended conditions, and CEQA Class 1 and 2 categorical exemptions.
DISCUSSION
Project Description
The proposed development includes the realignment of an approximate 100 linear-foot section of the Recreation Trail within the right-of-way of Ocean View Boulevard. Project details include removing the temporary pedestrian walkway that had been installed on the seaward side of Ocean View Blvd, and constructing a new curb and gutter along with a 5-foot-wide decomposed granite walkway for pedestrians. Ground disturbance would be minimal, and would occur within previously disturbed area and no work would occur below the existing base layer of the roadway.
Site Description
The project area is located within the Ocean View Boulevard right-of-way, adjacent to Shoreline Park and near the Esplanade Street intersection and Esplanade Park. The project area is currently covered with pavement and a temporary pedestrian walkway. The subject property is located within the City’s Area of Special Biological Significance, within an archaeologically sensitive area, and within the Coastal Zone.
Surrounding Land Uses
The neighborhood surrounding the project site is zoned Open Space (Shoreline Park and Recreation Trail) and R-1 (Beach Tract/Fairway Homes residential neighborhood). The surrounding area is comprised of a mix of residential and public structures and uses.
Background and Summary of Appeals
On April 10, 2025, the Planning Commission considered the proposed project and by motion voted 6 – 0 – 1 (6 yes, 0 no, and 1 absent) to approve the project as proposed (Planning Commission permit attached). The Planning Commission found the project, as proposed, is an appropriate use, is consistent PGCC 6-18-25
with the Local Coastal Program (LCP), and would not adversely impact public views, biological resources, coastal access, or other coastal resources.
On April 18 and April 21, 2025, the appellants submitted two separate and timely appeals (attached) of the Planning Commission’s decision to approve CDP 25-0031. The appeals raise general points related to safety, public access, coastal resources, consistency with the Shoreline Management Plan (SMP), and staff coordination. City staff reviewed the points raised in the appeals and responds as follows:
- The project addresses shoreline erosion along this approximate 100-foot section of the Recreation Trail. Consistent with Land Use Plan (LUP) Policy PRA-1, implementation of the project would provide safe and adequate access to and along the City's shoreline and maintain (i.e., re-establish) a continuous pedestrian coastal trail seaward of Ocean View Boulevard. This approach is also consistent with the SMP. Alternative approaches to address the ongoing erosion, such as rip rap or bluff face armoring, are discouraged unless there is no other feasible alternative. - Details regarding safety and staff coordination would be addressed in the contractual and construction phases of the project. Consistent with applicable LUP Policies, the selected contractor would prepare safety and public access measures for review and approval by Public Works.
- This CDP and the applied conditions of approval address potential impacts to coastal resources, public access, and safety. Consistent with LUP Policy BIO-12, Condition No. 6, Black Oystercatcher Protocol, incorporates the previously adopted and detailed protocol to address potential impacts to nesting Black Oystercatchers. Consistent with LUP Policy PRA-9, Condition No. 7, Traffic Safety Measures, requires the implementation of appropriate traffic safety measures, and Condition No. 8, Pedestrian Safety and Access During Construction, requires the implementation of alternative and safe pedestrian access during construction. The requirements of these conditions would be prepared and implemented by the selected contractor during construction.
Also, the points raised in the appeals are not supported by evidence. Therefore, based on information in the record, the appeals lack substantive merit, and the project record sufficiently addresses the potential impacts of the proposed project.
City staff referenced the SMP during project review to ensure consistency, and this project is a small segment of the Recreation Trail and is reflective of managed retreat efforts intended to address safety and ongoing erosion, and maintain coastal access. As noted previously, this managed retreat repair project would restore an approximate 100-foot section of the Recreation Trail to address a safety and shoreline erosion issue at this location. The project does not, nor is it intended to, implement the full SMP. The entire project has been described and the approval of the realignment of this trail segment as part of a managed retreat strategy has independent utility. Other trail segments or sections, when proposed, will be analyzed under CEQA and be reviewed for consistency with the SMP and LCP.
Applicable General Plan Policies
The Pacific Grove General Plan provides a framework for future growth and development within the City. The Land Use and Parks and Recreation Elements include goals and polices that call for the orderly, well-planned, and balanced development, consistent with the historic nature of Pacific Grove, the capacity of the City’s infrastructure, and ability to assimilate new growth. The proposed project is consistent with applicable General Plan policies, including the following:
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Policy 2: Ensure that new development is compatible with adjacent existing development.
Policy 4: Continue to preserve Pacific Grove’s character and regulate development.
Chapter 5 - Parks and Recreation
Goal 1: Maintain a public park system and recreation facilities suited to the needs of all Pacific Grove residents and visitors.
Policy 7: Give high priority to maintaining, improving, and rehabilitating existing parks.
The policies and goals above are implemented through the O (open space) zoning district, which allows public recreational development in areas designated for such uses. In addition to the General Plan goals and policies, the General Plan provides land use categories for all land within Pacific Grove. These categories are shown on the land use maps provided in the General Plan.
Applicable Land Use Plan Policies
The Pacific Grove Land Use Plan (LUP), certified on March 11, 2020, provides a framework for future growth and development within the City's Coastal Zone. The subject area is not designated; however, the project site is located adjacent to open space and the intent is to realign a portion of the Recreation Trail onto the Ocean View Blvd right-of-way. Therefore, the proposed trail project is consistent with applicable LUP policies, including the following:
BIO-12: The City will protect Black Oystercatchers and their rocky intertidal habitat along the City's shoreline....
DES-1: All new development shall be consistent with requirements of the certified Local Coastal Program, including the certified Land Use Designations figure (Figure 6).
PRA-1: The City will strive to provide safe and adequate access to and along the City’s shoreline and other points of public interest. The City will, to the maximum extent feasible, maintain a continuous pedestrian coastal trail, the length of the City’s Coastal Zone, seaward of Ocean View Boulevard/Sunset Drive....
PRA-9: New development shall ensure that public access opportunities are maximized, including through offsetting any temporary (e.g., during construction) and potential permanent impacts to public access ....
HAZ-11: In order to minimize potential damage to life and property from coastal hazards, development and the use of land below the 20-foot elevation (as measured from mean high tide) shall be limited to coastal-dependent and coastal-related development, open space, low intensity public recreational access facilities and uses, public infrastructure, allowable shoreline armoring and coastal access facilities, and, at Lovers Point, Hopkins Marine Station, and Monterey Bay Aquarium, coastal dependent development....
SCE-1: Public views to and along the shoreline shall be protected and enhanced, and alteration of natural landforms shall be minimized.
Coastal Development Permit
An application was filed with the Community Development Department (CDD) on November 8, 2024, and the application submittal is consistent with PGMC section 23.90.060. Findings and related conditions of approval are included in the draft permit (attached).
Pursuant to PGMC Sections 23.90.050, City CDP Determinations, and 23.90.040, CDP PGCC 6-18-25
Exemptions, CDD staff initially determined the proposed development exempt from the requirement to obtain a Coastal Development Permit (CDP), and forwarded this determination to the Coastal Commission on November 5, 2024. On November 8, 2024, an interested member of the public challenged this CDP determination, and Coastal Commission staff responded on November 25, 2024, with an opinion that a CDP would be required for the proposed development. After receipt of the Coastal Commission staff opinion, CDD staff forwarded a revised CDP determination on February 5, 2025.
Coastal Hazards
Per PGMC Section 23.90.140, Coastal Hazards, CDD staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, plan sheet, and conducted a site visit on March 28, 2025. In this case, the proposed realignment of approximately 100 linear feet of the Recreation Trail would replace an eroded section of trail and no structural development would occur. As proposed, this project is consistent with applicable LUP Policies; therefore, submittal of a Coastal Hazards Report is not required or warranted.
Public Access and Parking
As proposed, the project would not result in adverse impacts to public access and/or parking along Ocean View Blvd. Consistent with LUP Policy PRA-1, implementation of the project would re-establish public access along this section of the Recreation Trail. The project is also not anticipated to result in adverse impacts to public parking because visitor parking along this section of Ocean View Blvd is generally limited and focused on the pull-out areas near Sea Palm and Otter Point.
Additionally, the City's Shoreline Management Plan anticipated erosion along this section of shoreline and the associated loss of parking along both sides of Ocean View Blvd to accommodate new trail alignments.
Water Quality and Marine Resources
Per PGMC Section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed development would not result in new impervious coverage, and would fall within the City's Municipal Permit.
Scenic Resources
Per PGMC Section 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on March 28, 2025. As designed, the proposed trail realignment would not adversely impact public views seaward of Ocean View Boulevard, the Recreational Trail, or along the shoreline.
Biological Resources
Per PGMC Section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on March 28, 2025. This review determined the proposed development would not have the potential to adversely affect biological resources or an environmentally sensitive habitat area. Additionally, per LUP Policy BIO-12 and Condition No. 6, the selected contractor would implement the requirements of the Black Oystercatcher Protocol, as applicable. The project site is a previously-developed road right-of-way (i.e., Ocean View Boulevard) and all work would occur within the existing right-of-way. No project work is proposed to occur seaward of the existing Recreational Trail. The City would require the selected contractor to implement industry-standard best management practices to protect the surrounding area.
The project site is also over 900 feet from the nearest beach at the intersection of Coral Street and Ocean View Blvd, with no direct line of sight for noise travel. Per PGMC section 14.04.090, work within the Ocean View Blvd right-of-way, between Eardley and Carmel Avenues, shall not occur PGCC 6-18-25
during the Harbor seal pupping season. The project site is over 5,200 feet northwest of Carmel Avenue; therefore, there is no time restriction on when project work may occur. As proposed, the project would not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted.
Archaeological Resources
In this case, per PGMC section 23.90.200, Cultural Resources, an archaeological assessment is not required or warranted. Although the project site is located within an archaeologically sensitive area, ground disturbance would be minimal and would occur within a previously disturbed area (i.e., the roadway). No work is proposed to occur below the existing base layer of the roadway.
Historic Resources
Per PGMC section 23.90.200, Cultural Resources, the proposed trail realignment does not involve structural development; therefore, an historical report is not required or warranted.
Noticing for Coastal Development Permits
City staff completed the required noticing pursuant to PGMC section 23.90.070 as follows:
1. Mailing. On June 5, 2025, Notices of Public Hearing were mailed to all owners and occupants of parcels within a 100-foot boundary of the subject project site as identified on the updated equalized county assessment roll, as well as all known interested parties and the Coastal Commission.
2. Posting. On June 5, 2025, a Notice of Public Hearing was posted on the site's street frontage in a location that may be viewed from the street.
3. Publication. Not required.
Story Poles and Netting
Not required. The applicant installed large yellow sand buckets and delineation posts that clearly identify the extent of the proposed development within the street right-of-way.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
In reviewing this action, the City has followed the CEQA statute adopted by the State of California as published in the California Public Resources Code, Division 13, §21000, et seq., and the associated guidelines as published in the California Code of Regulations, Title 14, §15000, et seq. (i.e., CEQA Guidelines). The proposed project is found to be categorically exempt under CEQA Guidelines Sections 15301 (Class 1), Existing Facilities, and 15302 (Class 2), Replacement or Reconstruction. The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities (including existing streets), mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The Class 2 exemption allows the replacement or reconstruction of existing structures and facilities where the new facility will be located on the same site as the facility replaced and will have substantially the same purpose and capacity as the facility replaced. As proposed, the project is consistent with the parameters of both the Class 1 and Class 2 categorical exemptions.
The exceptions to exemptions in Section 15300.2 of the CEQA Guidelines pertaining to location, cumulative impacts, significant effects, scenic highways, hazardous waste sites, and historical resources do not apply to this project. Also, no adverse environmental effects were identified during staff review of the development application, and there is no substantial evidence of an unusual circumstance because there is no feature or condition of the project that distinguishes the project from the exempt classes.
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Additionally, there is no substantial evidence that the project has a reasonable possibility of having a significant effect on the environment or that it would result in a cumulative significant impact.
OPTIONS
1. Deny the appeals of the Planning Commission's decision and approve the project as proposed;
2. Approve the appeals of the Planning Commission's decision and deny the proposed project;
3. Direct the applicant to revise the proposed project subject to Council direction; or
4. Discuss and take other action related to this item.
FINANCIAL IMPACT:
Approval of a Coastal Development Permit has no fiscal impact on the project. Upon approval, City Staff will release a Request for Proposal for construction, which funding has been allocated for through previous CIP Budgets.
The City Council initially approved this project as part of the Fiscal Year (FY) 24/25 Capital Improvement Plan (CIP). Subsequently, on May 7, 2025, the Council approved the FY 25/26 - 26/27 CIP for inclusion in the budget and approved an additional funding allocation for project construction. While the budget process is still ongoing, the proposed budget includes construction funding through the CIP.
There are no fees charged to file an appeal of the Planning Commission's decision to approve a Coastal Development Permit (CDP). However, the processing of a CDP appeal does result in an unfunded financial impact to the City. Staff estimates it has expended approximately 18 hours in the processing of these appeals (not including public hearing time before the City Council). At the fully burdened staff rate of $210 per hour, the City has incurred an approximate cost of $3,780.00 in the processing of these appeals.
FOCUSED PRIORITY AREA: Infrastructure
Attachments
Appeal 04-18-2025
Appeal 04-21-2025
CDD Application
CDP Application & Checklist
Draft Resolution
CEQA Exemption Form
Planning Commission Permit dated 04-10-2025
Plan Sheet
Project Site Photo
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RESOLUTION NO. 25 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
DENYING THE APPEALS AND APPROVING A COASTAL DEVELOPMENT PERMIT (FILE NUMBER CDP 25-0031) FOR A PROJECT LOCATED WITHIN THE
OCEAN VIEW BOULEVARD RIGHT-OF-WAY TO ALLOW THE REALIGNMENT OF AN APPROXIMATE 100-FOOT SECTION OF THE RECREATION TRAIL.
FACTS
1. The City of Pacific Grove Public Works Department (applicant) proposes the realignment of approximately 100 linear feet of the Recreation Trail to replace an eroded section of trail and provide continued safe public lateral access along the shoreline. Project details include removing the temporary pedestrian walkway that had been installed on the seaward side of Ocean View Blvd and constructing new curb and gutter along with a 5- foot-wide decomposed granite walkway for pedestrians. Ground disturbance would be minimal and would occur within previously disturbed area, and no work would occur below the existing base layer of the roadway.
2. The subject site is located within the Ocean View Boulevard right-of-way, adjacent to Shoreline Park and near the Esplanade Street intersection and Esplanade Park, Pacific Grove. The project site has no associated Assessor’s Parcel Number (APN) yet is adjacent to APN 006-021-099-000 (Shoreline Park).
3. The subject project site has no land use designation in the adopted and certified City of Pacific Grove Coastal Land Use Plan (LUP Figure 6).
4. The subject project site has no zoning classification in the adopted Zoning Map.
5. The subject project site is approximately 500 square feet in area.
6. The subject project site is located within the City’s Area of Special Biological Significance (ASBS), within an archaeologically sensitive area (LUP Figure 7), and within the Coastal Zone.
7. Pursuant to Pacific Grove Municipal Code (PGMC) sections 23.90.050, City CDP Determinations, and 23.90.040, CDP Exemptions, Community Development Department (CDD) staff initially determined the proposed development exempt from the requirement to obtain a Coastal Development Permit (CDP) and forwarded this determination to the Coastal Commission on November 5, 2024. On November 8, 2024, an interested member of the public challenged this CDP determination, and Coastal Commission staff responded on November 25, 2024, with an opinion that a CDP would be required for the proposed development. After receiving the Coastal Commission staff opinion, CDD staff forwarded a revised CDP determination on February 5, 2025.
8. Per PGMC section 23.90.140, Coastal Hazards, CDD staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, plan sheet, and conducted a site visit on March 28, 2025. The proposed realignment of approximately 100 linear feet of the Recreation Trail would replace an eroded section of PGCC 6-18-25
trail and no structural development would occur. In this case, submittal of a Coastal Hazards Report is not required or warranted.
9. Per PGMC section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed would not result in an increase to impervious coverage and would fall within the City's Municipal Permit.
10. Per PGMC section 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on March 28, 2025. As designed, the proposed trail realignment would not adversely impact public views seaward of Ocean View Boulevard, the Recreational Trail, or along the shoreline.
11. Per PGMC Section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on March 28, 2025. This review determined the proposed development would not have the potential to adversely affect biological resources or an environmentally sensitive habitat area. The project site is a previously developed road right-of-way (i.e., Ocean View Boulevard) and all work would occur within the existing right-of-way. No project work is proposed to occur seaward of the existing Recreational Trail, and the applicant would use best management practices to protect the surrounding area. The project site is also over 900 feet from the nearest beach at the intersection of Coral Street and Ocean View Blvd, with no direct line of sight for noise travel. As proposed, the project would not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted. Condition No. 6 has been applied to require adherence to the adopted protection protocol for Black Oystercatchers.
12. In this case, per PGMC Section 23.90.200, Cultural Resources, an archaeological assessment is not required or warranted. Although the project site is located within an archaeologically sensitive area, ground disturbance would occur within a previously disturbed area (i.e., the roadway) and no work is proposed to occur below the existing base layer of the roadway.
13. Per PGMC Section 23.90.200, Cultural Resources, the proposed trail realignment does not involve structural development; therefore, an historic report is not required or warranted in this case. Additionally, the project would not cause a substantial adverse change in the significance of a historical resource because this type of resource does not occur within the project area.
14. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Sections 15301, Class 1, Existing Facilities, and 15302 (Class 2), Replacement or Reconstruction, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.
15. The City of Pacific Grove Planning Commission considered the proposed project at a noticed public hearing on April 10, 2025. The Planning Commission voted 6 – 0 – 1 (6 yes, 0 no, and 1 absent) to approve CDP 25-0031.
16. On April 18 and April 21, 2025, the appellants submitted two separate and timely appeals of the Planning Commission’s decision to approve CDP 25-0031.
17. Pursuant to the appeals, the City of Pacific Grove City Council considered and reviewed the proposed project at a noticed public hearing on June 18, 2025.
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FINDINGS
For a Coastal Development Permit per PGMC Section 23.90.080
1. LCP Consistency. The project is consistent with the LCP. (Local Coastal Program) The project meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards (PGMC 23.90.130) of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed in the Facts above and in the following Findings.
2. Public Views. The project protects or enhances public views.
As designed, the proposed trail realignment would not adversely impact public views seaward of Ocean View Boulevard, the Recreational Trail, or along the shoreline. See also Fact No. 10 above.
3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.
The project site is a previously developed road right-of-way (i.e., Ocean View Boulevard) and all work would occur within the existing right-of-way. No project work is proposed to occur seaward of the existing Recreational Trail, and the applicant would use best management practices to protect the surrounding area. As proposed, the project would not impact natural habitats or resources. See also Fact No. 11 above.
4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.
As designed, the proposed trail realignment would conform to applicable LUP polices and IP community design standards (PGMC 23.90.180.C.6, Open Space Recreational Design Standards.
5. Coastal Access. The project protects or enhances public access to and along the coast.
As designed, the project would improve coastal access along the coast by re-aligning an eroded section of the Recreation Trail. See also Fact No. 1 above.
6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.
The project would improve the Recreation Trail and public lateral access along the shoreline.
7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.
The proposed use is consistent with applicable LCP requirements.
8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.
As proposed and designed, the trail realignment would enhance coastal resources. See also Facts 8 – 13 and supporting information above.
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In approving the permit, the following conditions of approval are imposed and deemed reasonable and necessary to ensure that the approval will comply with the findings cited above.
CONDITIONS OF APPROVAL
1. Permit Expiration. This permit shall expire and be null and void two (2) years from and after the date of approval. Application for extension of this approval must be made prior to the expiration date.
2. Conformance to Plans. Development of the site shall conform to the approved plans for the “Ocean View Blvd. Bulb-Out Improvements” dated September 2024, on file with the Community Development Department and to the Building Code, with the exception of any subsequently approved changes.
3. Construction Compliance. All construction shall occur in general compliance with the proposal as set forth in the application, subject to any special conditions of approval herein. Any deviation from approvals must be reviewed and approved by staff and may require subsequent discretionary approval.
4. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.
5. Public Works, Fire and Building. Review and approval by the Public Works and Fire Departments, and Building Division, are required prior to issuance of a building permit.
Work taking place in the public right-of- way shall require an encroachment permit prior to issuance of the building permit.
6. Black Oystercatcher Protection Protocol. Per LUP Policy BIO-12, Public Works and the project contractor shall adhere to the requirements of the adopted protection protocol, incorporated herein by reference.
7. Traffic Safety Measures. Per LUP Policy PRA-9, Public Works shall consult with the City’s traffic engineer and implement appropriate traffic safety measures to enhance safety for vehicles approaching the site from the east (i.e., westbound).
8. Pedestrian Safety and Access During Construction. Per LUP Policy PRA-9, during construction, alternative safe pedestrian access shall be provided along the length of the project site (without forcing pedestrians walking the coastal recreation trail to cross Ocean View Blvd.) by means of a temporary pedestrian path on Ocean View Blvd. separated from vehicle traffic and construction activity by barricades. Other appropriate measures, such as one-way traffic controls, flagmen, speed controls, etc., shall also be employed as necessary to ensure pedestrian safety during construction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:
1. The Council determines that each of the Facts and Findings set forth above is true and correct, and by this reference incorporates those Facts and Findings as an integral part of this Resolution.
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2. The Council denies the appeals and affirms the decision of the Planning Commission to approve Coastal Development Permit (CDP) 25-0031.
3. The Council approves this permit (Application No. 25-0031) as proposed and conditioned, pursuant to a Categorical Exemption for Existing Facilities (CEQA Guidelines Section 15301, Class 1).
4. The required Findings and Conditions of Approval are hereby approved and incorporated herein by reference.
5. This Resolution shall become effective immediately following passage and adoption thereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 18th day of June, 2025, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
NICK SMITH, Mayor
ATTEST:
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
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CITY OF PACIFIC GROVE
Community Development Department – Planning Division
300 Forest Avenue, Pacific Grove, CA 93950
T: 831.648.3183 • F: 831.648.3184 • www.ci.pg.ca.us/cdd COASTAL DEVELOPMENT PERMIT (CDP) 25-0031 FOR A PROJECT SITE LOCATED
WITHIN THE OCEAN VIEW BOULEVARD RIGHT-OF-WAY TO ALLOW THE REALIGNMENT OF AN APPROXIMATE 100-FOOT SECTION OF THE RECREATION TRAIL.
FACTS
1. The subject project site is located within the Ocean View Boulevard right-of-way, adjacent to Shoreline Park and near the Esplanade Street intersection and Esplanade Park, Pacific Grove, no APN.
2. The subject project site has no land use designation or zoning classification in the adopted and certified City of Pacific Grove Coastal Land Use Plan (LUP Figure 6).
3. The subject project site is approximately 500 square feet in area.
4. The subject project site is located within the City’s Area of Special Biological Significance (ASBS), within an archaeologically sensitive area (LUP Figure 7), and within the Coastal Zone.
5. Per PGMC section 23.90.140, Coastal Hazards, Community Development Department (CDD) staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, plan sheet, and conducted a site visit on March 28, 2025. The proposed realignment of approximately 100 linear feet of the Recreation Trail would replace an eroded section of trail and no structural development would occur. In this case, submittal of a Coastal Hazards Report is not required or warranted.
6. Per PGMC section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed would not result in any new impervious coverage, and will fall within the City's Municipal Permit.
7. Per PGMC section 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted a site visit on March 28, 2025. As designed, the proposed trail realignment would not adversely impact public views seaward of Ocean View Boulevard, the Recreational Trail, or along the shoreline.
8. Per PGMC Section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5, Land Habitat Sensitivity Map, aerial imagery, and conducted a site inspection on March 28, 2025. This review determined the proposed development would not have the potential to adversely affect biological resources or an environmentally sensitive habitat area. The project site is a previouslydeveloped road right-of-way (i.e., Ocean View Boulevard) and all work would occur within the existing right-of-way. No project work is proposed to occur seaward of the existing Recreational Trail, and the applicant would use best management practices to protect the surrounding area. The project site is also over 900 feet from the nearest beach at the intersection of Coral Street and Ocean View Blvd, with no direct line of sight for noise travel. As proposed, the project would not impact natural habitats or resources; therefore, in this case, submittal of an initial site assessment for biological resources is not required or warranted.
9. In this case, per PGMC Section 23.90.200, Cultural Resources, an archaeological assessment is not required or warranted. Although the project site is located within an archaeologically sensitive area, ground disturbance would occur within a previously-disturbed area (i.e., the roadway) and no work is proposed to occur below the existing base layer of the roadway.
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10. Per PGMC Section 23.90.200, Cultural Resources, the proposed trail realignment does not involve structural development; therefore, an historic report is not required or warranted.
11. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1, Existing Facilities, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.
FINDINGS
For a Coastal Development Permit per PGMC Section 23.90.080
1. LCP Consistency. The project is consistent with the LCP. (Local Coastal Program) The project meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards (PGMC 23.90.130) of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed in the Facts above and in the following findings.
2. Public Views. The project protects or enhances public views.
As designed, the proposed trail realignment would not adversely impact public views seaward of Ocean View Boulevard, the Recreational Trail, or along the shoreline. See also Fact No. 7 above.
3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.
The project site is a previously-developed road right-of-way (i.e., Ocean View Boulevard) and all work would occur within the existing right-of-way. No project work is proposed to occur seaward of the existing Recreational Trail, and the applicant would use best management practices to protect the surrounding area.
The project site is also over 900 feet from the nearest beach at the intersection of Coral Street and Ocean View Blvd, with no direct line of sight for noise travel. As proposed, the project would not impact natural habitats or resources. See also Fact No. 8 above.
4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.
As designed, the proposed trail realignment would conform to applicable LUP polices and IP community design standards (PGMC 23.90.180.C.6, Open Space Recreational Design Standards).
5. Coastal Access. The project protects or enhances public access to and along the coast.
As designed, the project would improve coastal access along the coast by re-aligning an eroded section of the Recreation Trail.
6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.
The project would improve the Recreation Trail and public lateral access along the shoreline.
7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.
The proposed use is consistent with applicable LCP requirements.
8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.
As proposed and designed, the trail realignment would enhance coastal resources. See also Facts 5 – 10 and supporting information.
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PERMIT
Coastal Development Permit (CDP) 25-0031 to allow the realignment of an approximate 100 linear foot section of the Recreation Trail within the right-of-way of Ocean View Boulevard.
CONDITIONS OF APPROVAL
1. Permit Expiration. This permit shall expire and be null and void if a building permit has not been applied for within two (2) years from and after the date of approval. Application for extension of this approval must be made prior to the expiration date.
2. Construction Compliance. All construction must occur in general compliance with the proposal as set forth in the application, subject to any special conditions of approval herein. Any deviation from approvals must be reviewed and approved by staff and may require subsequent discretionary approval.
3. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.
4. Public Works, Fire and Building. Review and approval by the Public Works and Fire Departments, and Building Division, are required prior to issuance of a building permit. Work taking place in the public right-of- way shall require an encroachment permit prior to issuance of the building permit.
5. Conformance to Plans. Development of the site shall conform to the approved plans for the “Ocean View Blvd. Bulb-Out Improvements” dated September 2024, on file with the Community Development Department and to the Building Code, with the exception of any subsequently approved changes.
6. Black Oystercatcher Protection Protocol. Public Works and the project contractor shall adhere to the requirements of the protection protocol adopted by the City.
7. Traffic Safety Measures. Public Works shall consult with the City’s traffic engineer and implement appropriate traffic safety measures to enhance safety for vehicles approaching the site from the east (i.e., westbound).
8. Pedestrian Safety and Access During Construction. During construction, alternative safe pedestrian access shall be provided along the length of the project site (without forcing pedestrians walking the coastal recreation trail to cross Ocean View Blvd.) by means of a temporary pedestrian path on Ocean View Blvd. separated from vehicle traffic and construction activity by barricades. Other appropriate measures, such as one-way traffic controls, flagmen, speed controls, etc., shall also be employed as necessary to ensure pedestrian safety during construction.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE:
1. The Commission determines that each of the Facts and Findings set forth above is true and correct, and by this reference incorporates those Facts and Findings as an integral part of this permit.
2. The Commission approves Coastal Development Permit (CDP) 25-0031 as proposed and conditioned, pursuant to a Categorical Exemption for Existing Facilities (CEQA Guidelines Section 15301, Class 1).
3. This permit shall become effective upon the expiration of the 10-day appeal period after the final approval.
4. This permit shall not take effect until the owner acknowledges and agrees to all terms and conditions and agrees to conform to and comply with those terms and conditions.
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PASSED AND ADOPTED AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE ON THE 10TH DAY OF APRIL, 2025, BY THE FOLLOWING VOTE:
AYES: Sweigert, Mourlam, Davison, Fredrickson, Meyers, and Nodzenski NOES: None
ABSENT: Kubica
ABSTENTIONS: None
APPROVED:
Bill Fredrickson, Vice Chair
The undersigned hereby acknowledge and agree to the approved terms and conditions, and agree to fully conform to, and comply with, said terms and conditions. _________________________ ____________________
Daniel Gho, Director Date
Public Works Department
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Agenda No. 11 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matthew Mogensen, City Manager
MEETING DATE: June 18, 2025
SUBJECT: First reading of an Amendment to Cannabis Licensing Ordinance, Approval of Cannabis Administrative Regulations & Adoption of Cannabis License Application Fee
CEQA: Proposed Ordinance not subject to CEQA based on Guideline Sections:
15060(c)(3) and 15378; 15060(c)(2); 15061(b)(3); and 150308
RECOMMENDATION
Request the City Attorney to read the title of the Amendment to the Cannabis Licensing Ordinance.
1. 2. Motion to waive further reading of the ordinance.
3. Introduce and hold first reading of the Amendment to the Cannabis Licensing Ordinance.
Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
4. Adopt the Resolution Approving the Application Procedures & Guidelines for Storefront Retail Commercial Cannabis Business License.
5. Adopt the Resolution Establishing the Application Fee for a Storefront Retail Commercial Cannabis Business License.
6. DISCUSSION
Pacific Grove voters approved Measures M and N at the November 8, 2022 general election. Measure M was an advisory measure asking the voters the following question: “Should the Pacific Grove City Council be authorized to amend the Municipal Code to allow retail sales of medical or recreational cannabis, limited to one single location within the City, at a location no closer than 1000 feet from any existing licensed Daycare/Preschools, Youth Center, and Schools, to engage in commercial cannabis activities?” Measure N established a tax on cannabis businesses at the rate of 6% of gross receipts from the retail sale of cannabis (storefront and delivery sales).
At the December 7, 2022 City Council meeting, the Council directed the City Manager and City Attorney to create a cannabis licensing program to authorize one cannabis retail storefront to operate in the City, consistent with the voter approval of Measure M. Two draft ordinances were prepared, one establishing a licensing program and the other addressing zoning. After several City Council and Planning Commission meetings and hearings considering the draft ordinances, the City Council adopted Ordinance Nos. 23-017 and 23-018 on December 6, 2023.
Application Procedures & Guidelines
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Application Procedures & Guidelines
Since that time, City staff has been working on implementation of the ordinances, including preparing the “rules, policies and procedures” required by the Cannabis Licensing Ordinance to be adopted by resolution of the City Council. Ultimately, staff requested, and the City Council approved, a contract with HdL Companies to assist with the implementation of the City’s cannabis licensing program. HdL prepared the proposed Application Procedures & Guidelines for Storefront Retail Commercial Cannabis Business License and related application materials, which were reviewed by City staff and the City Attorney’s office. The proposed Procedures & Guidelines establish a lottery based system for the award of the sole storefront retail license. The Procedures & Guidelines and related application materials prepared by HdL are based on their extensive experience in assisting local jurisdictions with the implementation of cannabis licensing and permitting programs and reflect their expertise and professional judgment.
The Procedures & Guidelines (Attachment No. 3, will be Exhibit A to the Resolution in Attachment No. 2) provide for a three-phase application process. Phase 1 is a determination of eligibility. Upon receipt of a complete application, it will be reviewed using the Application Submittal Checklist included with the application form to determine whether the basic eligibility criteria are met. If so, the application will move on to Phase 2, where an evaluation of the application for compliance with the criteria listed in Appendix A to the Procedures & Guidelines will be performed. This evaluation includes review of the business plan, labor plan, neighborhood compatibility plan and location, and security plan. The applications that meet the requirements in Appendix A for each of these plans will move on to Phase 3, which is the lottery. The lottery will be conducted by random drawing open to the public.
Application Fee
HdL’s experience implementing cannabis licensing and permitting programs similar to what is proposed in the Procedures & Guidelines also provided the basis for calculating the proposed application fee.
Staff will return with a resolution to adopt this fee on the July 16, 2025 City Council Agenda.
Ordinance Amendment
Based on the Procedures & Guidelines prepared by HdL, certain amendments to the Cannabis Licensing Ordinance are being proposed for consistency purposes. The proposed ordinance:
Modifies the application period from 60 days to 30 days, with the City Manager authorized to extend the window for submission of an application.
Specifies that a location for the proposed cannabis business must be identified as a part of the license application package.
States that a lottery will be used to award a license and that the Community Development Director will be responsible for determining which applications are to be included in the lottery based on the criteria and procedures in the Procedures & Guidelines. HdL will assist the Director with this by reviewing the applications and providing recommendations.
Adds an appeal provision that provides for a right of appeal of the Director’s determination regarding an application’s inclusion in or exclusion from the lottery to the City Manager. There is no right to appeal the final results of the lottery. General appeal provisions are also added pertaining to license renewals, revocations, or changes.
OPTIONS
Do not introduce the ordinance and/or resolutions and provide staff with direction on proposed changes.
FINANCIAL IMPACT:
Estimated annual revenue up to $50,000; actual amount of annual revenue may be more or less than this PGCC 6-18-25
Estimated annual revenue up to $50,000; actual amount of annual revenue may be more or less than this estimate. Administrative costs unknown.
FOCUSED PRIORITY AREA: Financial Sustainability
Attachments
Ordinance Amending Cannabis Licensing Regulations - Draft Reso adopting cannabis procedures and guidelines
Pacific Grove Application Procedures and Guidelines
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PACIFIC GROVE, AMENDING CHAPTER
11.100 TO THE PACIFIC GROVE MUNICIPAL CODE
PERTAINING TO COMMERCIAL CANNABIS
LICENSING
FACTS
A majority of the voters in Pacific Grove who voted on Measure M at the November 8, 2022 election voted in favor of Measure M, which was an advisory measure asking whether the electors supported amending the Municipal Code to allow one cannabis retailer in the City at a location at least 1000 feet from any existing licensed daycare/preschool, youth center, or school; and
On December 6, 2023, the City Council of the City of Pacific Grove adopted Ordinance No. 23-18 adding commercial cannabis licensing regulations to Chapter
11.100 of the Pacific Grove Municipal Code to allow for one cannabis retailer to operate a storefront in the City consistent with the results of Measure M; and The City entered into an agreement with HdL to provide consulting services related to the implementation of cannabis licensing in the City, and in consultation with HdL and the City Attorney’s office City staff has proposed several amendments to the City’s existing commercial cannabis licensing regulations.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing Facts are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.
SECTION 2. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the common sense exemption (CEQA Guideline 15061(b)(3)) because it can be see with certainty that there is no possibility that permitting one cannabis retail location to operate within the City may have a significant effect on the environment. This Ordinance makes changes to the administrative process to be utilized to award a commercial cannabis license. It is procedural in nature and does not make any substantive changes to the City’s existing commercial cannabis licensing regulations.
SECTION 3. Pacific Grove Municipal Code Chapter 11.100 is amended in its entirety to read as shown in Exhibit A hereto.
SECTION 4. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.
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SECTION 5. 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 thereof, or its application to other persons or circumstances. The City Council hereby declares 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 6. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED
NICK SMITH, Mayor
ATTEST:
DATED:
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
BRIAN PIERIK, City Attorney
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EXHIBIT A
Chapter 11.100
CANNABIS
Sections:
11.100.010 Statement of purpose.
11.100.020 Relationship to other laws.
11.100.030 Definitions.
11.100.040 Local license in addition to business license or other permit.
11.100.050 Local license required.
11.100.060 Local license application process.
11.100.070 Conditions of approval, administrative rules.
11.100.080 Changes and modifications of local licenses.
11.100.090 Renewal of local license.
11.100.095 Appeal of decision on local license
11.100.100 Cannabis business operational requirements.
11.100.110 Limitations on city’s liability.
11.100.120 Inspections.
11.100.130 Enforcement – Suspension and revocation of license.
11.100.140 Residential cannabis cultivation.
11.100.150 Consumption of cannabis.
11.100.160 Exceptions.
11.100.010 Statement of purpose.
(a) This chapter shall provide for the regulation and licensing of medicinal and adult-use cannabis businesses throughout the city in conformance with applicable state and local laws and regulations pertaining to medicinal and adult-use cannabis.
(b) The city council finds that it is necessary for the city to adopt local licensing standards for medicinal and adult-use cannabis businesses for the purpose of controlling and regulating the sale of medicinal cannabis and medicinal cannabis products to qualified patients, and adult-use cannabis and adult-use cannabis products to adults 21 years of age and over.
(c) The purpose of this chapter is to regulate all commercial cannabis activity in the city, as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety and general welfare of residents and businesses within the city.
11.100.020 Relationship to other laws.
(a) Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in MAUCRSA. In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable state or local law or regulation, the more restrictive provision shall control.
(b) Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of other applicable state and local laws.
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11.100.030 Definitions.
Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
“Adult-use cannabis” means cannabis and cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals.
“Cannabis business” means any person engaged in commercial cannabis activity. “City” means Pacific Grove, California.
“City manager” shall mean the city manager of the city or their designee. “Director” shall mean the community development director or their designee “Identification card” or “ID card” means a valid identification card issued pursuant to Section 11362.7 et seq., of the California Health and Safety Code.
“Identification card holder” or “ID card holder” means an individual who is a qualified patient who has applied for and received a valid ID card pursuant to Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code.
“Licensed premises” means a premises for which a local license has been issued pursuant to this chapter. “Licensee” means a person who has been issued a local license pursuant to this chapter. “Local license” means a license issued pursuant to this chapter. A “provisional local license” is a local license issued to a storefront retail cannabis business that has not secured a use permit for a location to operate their storefront retail business.
“Medicinal and Adult-Use Cannabis Regulation and Safety Act” or “MAUCRSA” means Division 10 of the California Business and Professions Code.
“Medicinal cannabis” means cannabis and cannabis products that are intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Medicinal cannabis patient” means both a qualified patient without an identification card and an ID card holder.
“Owner” shall have the definition provided in MAUCRSA, as it may be amended from time to time, which as of the date of the adoption of this definition means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. (2) The chief executive officer of a nonprofit or other entity. (3) A member of the board of directors of a nonprofit.
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(4) An individual who will be participating in the direction, control, or management of the person applying for a license.
“Physician,” as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California. “Qualified patient” shall have the meaning set forth in Section 11362.7(f) of the California Health and Safety Code.
“Retail, delivery-only” shall mean a cannabis business that does not allow on-site sales of cannabis to customers, and has or will have a Type 9 license from the California Department of Cannabis Control. “Retail, storefront” shall mean a cannabis business that has a physical location from which cannabis is sold to retail customers on site, and has or will have a Type 10 license from the California Department of Cannabis Control.
“State law(s)” shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other applicable laws and regulations of the state of California.
“State license” means a state license issued under MAUCRSA, and includes both an A-license and an Mlicense, as well as a testing laboratory license. “State licensing authority” shall mean the state agency responsible for the issuance, renewal, or reinstatement of a state license, or the state agency authorized to take disciplinary action against a state licensee.
11.100.040 Local license in addition to business license or other permit.
The local license required by this chapter shall be in addition and supplemental to any other business registration or any permit required by any ordinance of the city.
11.100.050 Local license required.
(a) It is unlawful to operate any cannabis business in the city without first having obtained a local license under this chapter.
(b) The city shall not grant a license to any cannabis business proposing to engage in cannabis cultivation, manufacturing, distribution, or laboratory testing. The city may approve a license for a cannabis business proposing to operate as a cannabis retailer subject to the following limitations:
(1) No more than one local license to engage in storefront retail sales shall be active in the city at any time.
(2) A license for delivery-only retail sales shall only be granted to a business engaging exclusively in retail sale of medicinal cannabis and medicinal cannabis products. No license shall be granted to a delivery-only retailer for the retail sale of adult-use cannabis or adult-use cannabis products. (c) The city may grant a local license prior to the applicant having obtained a state license. A cannabis business must possess the requisite state and local licenses and a use permit prior to receiving a certificate of occupancy from the city.
11.100.060 Local license application process.
(a) For the single storefront retail license, there shall be an initial application period of not less than thirty (30) days, the precise days of which shall be determined by the city manager. The city manager may open PGCC 6-18-25
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up subsequent application periods of at least thirty (30) days if there is no active local license for a storefront retail cannabis business in the city.
(b) An application for a local license shall be made upon the form prescribed by the city and accompanied by the application fee established by resolution of the city council. The application shall include the following basic information, in addition to any additional information that the city requests or that is required in the administrative rules:
(1) An operating plan for the proposed cannabis business including the following information:
(A) The location of the proposed cannabis business including the property owner’s consent to file the license application if the applicant is not the property owner; (B) A general description of the types of products and services to be provided by the business; (C) A statement confirming whether delivery service of cannabis to any location outside the premises will be provided and the extent of such service, and in the event delivery is provided, a detailed delivery plan detailing how the retailer will comply with all requirements of this chapter, MAUCRSA, and any other applicable state or local laws. (2) Authorization for the city to seek verification of the information contained within the application and to conduct background checks of the owners of the cannabis business. If the background check shows that any owner has been convicted of a crime listed in Business and Professions Code Sections 26057(b)(4)(A) through (E) the application shall be denied. (3) Proof of the nature of the cannabis business’s organizational status, such as articles of incorporation, bylaws, organizational minutes, partnership agreements, or such other documentation acceptable to the city.
(c) The administrative rules adopted pursuant to PGMC 11.100.070 shall provide for a lottery system to award the one storefront retail local license. The director shall determine which applications are to be included in the lottery based on the criteria and procedures in the administrative rules. (d) The one storefront retail local license shall be provisionally granted to the applicant who is selected from the lottery system set forth in the administrative rules. From the date the local license is provisionally approved, the applicant will have 12 months to secure approval of a use permit for a premises, in addition to any other land use permits or entitlements that may be required by this code for the premises. If the applicant who received a provisional license does not obtain the use permit or any other required land use permits or entitlements for the premises within this time frame, then the provisional license shall become null and void and a provisional license may be granted to another applicant from the lottery in the manner specified in the administrative rules, or the city manager may terminate the licensing proceedings.
(e) A local license issued pursuant to this chapter shall specify the date of issuance, the expiration date, the name of the licensee, and whether the cannabis business is storefront retail or delivery-only retail. A provisional local license is valid for one year from the date of issuance. A provisional local license shall automatically lose its provisional status once a use permit is granted for a premises to operate the business. The term of the license shall be valid for one year from the date the use permit for the premises is approved.
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11.100.070 Conditions of approval, administrative rules. (a) The director shall have the authority to approve or deny an application for a local license. The director may place conditions upon the approval of any local license which are, in the opinion of the director, reasonably related to the protection of the health, safety and welfare of the general public. (b) The city council shall establish by resolution rules, policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, including but not limited to those required by PGMC 11.100.060.
11.100.080 Changes and modifications of local licenses.
In addition to any applicable requirements in Chapter 23.92 PGMC, the following requirements apply for transfers of or changes to the ownership of a licensee:
(a) Subsequent to the issuance of a local license, the licensee shall report any transfer of ownership in the cannabis business to the director on forms prescribed by the city and pay the application fee established by resolution of the city council.
(b) A change of ownership that solely involves a previously approved owner no longer being an owner of the cannabis business shall be reported to the director within 30 calendar days of the change. The city will administratively remove a previously approved owner from a license only if notarized statements are submitted by all approved owners consenting to the change, or the change is mandated by order of a court of competent jurisdiction.
(c) A change in ownership that involves adding a new owner to the previously approved ownership must be approved by the director in advance and a background check must be conducted on the proposed new owner. The director shall have the discretion to approve or deny a proposed change of ownership that involves the addition of a new owner. All owners must submit notarized statements agreeing to the addition of a new owner to the business.
11.100.090 Renewal of local license.
(a) A cannabis business that desires to renew its license shall apply for the renewal no less than 60 calendar days prior to the local license’s expiration date. If the cannabis business files a renewal application within 60 calendar days prior to expiration, the cannabis business must provide a written explanation detailing the circumstances surrounding the late filing. The director may accept or reject such late filing in its discretion. The director may elect to administratively continue a local license past its expiration date; provided, that the licensee has submitted a renewal application that is pending final action.
(b) An application for renewal shall be submitted on forms provided by the city, accompanied by the application fee established by resolution of the city council. The following information shall be submitted as a part of the renewal application:
(1) Verification that no changes to the ownership of the cannabis business have occurred since last approved by the city.
(2) Verification that the licensee is still entitled to the possession and use of the premises for which a use permit has been granted.
(3) Any other information that the director deems necessary to determine whether to renew the local license.
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(c) The director shall renew a local license if the licensee has submitted a complete application and paid the application fee, unless the director finds that there are grounds to suspend or revoke the license as provided in PGMC 11.100.130. Notwithstanding the foregoing, the director in their discretion may elect not to renew any local license if it determines that the licensed premises has not been used for a cannabis business without reasonable cause, as determined by the director, during the term of the license. (d) Unless administratively continued pursuant to subsection (a) of this section, a local license is immediately invalid upon expiration and the cannabis business shall cease operations. If a local license expires, the director may approve a renewal of the expired license at any time up to three months from the expiration date of the license. After the license has been expired for three months, the license may not be renewed by the director, and the holder of the expired license must apply for and obtain a new cannabis license to resume operations.
11.100.095 Appeal of decision on local license
A licensee may appeal the director’s approval, conditional approval, or denial of a renewal of a local license, a change to the license requested under Section 11.100.080, or a revocation or suspension of the license under Section 11.100.130. Such appeal shall be filed with the City Clerk within 10 calendar days of the date of the decision of the director and must state the basis for the appeal. The City Clerk will give the appellant written notice of the date, time and place of the appeal hearing. The city manager shall hear the appeal de novo and shall not be limited by the rules of evidence. The city manager may affirm, amend or reverse the decision of the director. The city manager’s decision shall be final with no right of appeal to the city council.
Any applicant may appeal the director’s determinations regarding their or any other applicant’s inclusion or exclusion from the lottery for a license under Section 11.100.060(c). Such appeal shall be filed with the City Clerk within 10 calendar days of the date of the decision of the director and must state the basis for the appeal. The City Clerk will give the appellant written notice of the date, time and place of the appeal hearing. The city manager shall hear the appeal de novo and shall not be limited by the rules of evidence.
The city manager may affirm, amend or reverse the decision of the director. The city manager’s decision shall be final with no right of appeal to the city council. There shall be no right to appeal the award of a provisional license or initial license to the applicant who is selected from the lottery pursuant to Section
11.100.060(d).
11.100.100 Cannabis business operational requirements.
All cannabis business must comply with the requirements set forth in this section. (a) General Obligation to Operate in Compliance. A cannabis business shall operate in compliance with all applicable state and local laws and regulations governing cannabis businesses. (b) General Obligation to Pay Taxes. A cannabis business must pay all applicable taxes pursuant to federal, state, and local law, including but not limited to state and local sales and use taxes and state excise taxes.
(c) Age Requirement. A cannabis business shall not allow an individual less than 21 years of age to work within the licensed premises or handle cannabis and cannabis products. (d) Age Restrictions. A cannabis business may not permit an individual less than 21 years of age to enter, or be within, its licensed premises, except that a cannabis business with an M-license from the state may allow persons 18 years of age or older within the licensed premises if they are an ID card holder or qualified patient with physician’s recommendation from a licensed physician.
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(e) Secure Storage of Product. Cannabis and cannabis products possessed by a cannabis business shall be kept and stored in a secured manner at all times.
(f) Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited. “Licensed premises” as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas. A sign shall be posted at each entrance to a licensed premises that clearly and legibly states:
Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Pacific Grove Municipal Code.
The licensee must also comply with the sign posting requirements of PGMC 11.24.050. (g) Prohibition on Alcohol and Tobacco Sales, Distribution, or Consumption on Licensed Premises. A cannabis business shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the licensed premises. (h) Advertising. A cannabis business shall not advertise in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. It shall be unlawful for any cannabis business to make any claims that a product is safe because it is tested. All advertisements, including off-site advertising signs, shall comply with Chapter 15 of MAUCRSA. (i) Display of License. A cannabis business shall display a copy of its local license issued pursuant to this chapter in a conspicuous place at or near the entrance to the licensed premises. (j) No Physician Evaluations on Licensed Premises. A cannabis business shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician’s recommendation for medicinal cannabis within its licensed premises. Cannabis businesses shall not offer or provide any form of remuneration to a physician who provides physician’s recommendations for medicinal cannabis. (k) Community Relations Designee. A cannabis business must provide the city with the name, phone number, facsimile number, and email address of an on-site community relations representative or staff member or other representative whom the city can contact regarding operating concerns associated with the cannabis business. The cannabis business shall report any change in their community relations designee to the city within 10 calendar days.
(l) Security Requirements. The licensed premises of a cannabis business must comply with all of the following security requirements:
(1) Video Surveillance. The licensed premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection. (A) Security cameras and digital storage of recordings shall be maintained in good condition and used in an ongoing manner, 24 hours per day, seven days per week. (B) The security system must maintain at least 90 days of digitally recorded video for each security camera in the licensed premises. Security footage should be stored in an MPEG4, MJPEG, H.264, or another format approved by the city manager in writing. (C) Security cameras must provide adequate and sufficient coverage for the facility, which must include, but need not be limited to, all limited access areas, all areas of ingress and egress, point PGCC 6-18-25
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of sale, the public areas, storage areas, and any other areas as required by this chapter and the MAUCRSA.
(D) The video surveillance system must be equipped with a failure notification system that provides prompt notification to the manager of record of the licensed premises of the cannabis business of any surveillance interruption or complete failure of the surveillance system that lasts longer than 15 minutes.
(E) The video surveillance system shall have sufficient battery backup to support a minimum of 24 hours of recording in the event of a power outage.
(2) Alarm System. The licensed premises shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows, operated and monitored by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.
(3) Signage Requirement. The licensed premises must comply with the following signage requirements:
(A) A sign shall be posted in a conspicuous place near each point of public access which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than one inch in height, stating “All Activities Monitored by Video Camera.” (B) Limited access areas shall be clearly identified by the posting of a sign which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height, which shall state, “Limited Access Area – Authorized Personnel Only.” (4) Lighting. The business entrance(s) and all window areas shall be illuminated during evening hours. The cannabis business shall comply with the city’s lighting standards regarding fixture type, wattage, illumination levels, and shielding.
(5) Commercial-Grade Locks. All points of ingress and egress to a licensed premises shall ensure the use of commercial-grade, nonresidential door locks or window locks. (6) Notification of City Manager and Law Enforcement. A cannabis business shall notify the city manager and the appropriate law enforcement authorities within 24 hours after discovering any of the following:
(A) Significant discrepancies identified during inventory; (B) Diversion, theft, loss, or any criminal activity involving the retailer or any employee or agent of the retailer;
(C) The loss or unauthorized alteration of records related to cannabis, cannabis patients, primary caregivers, or retailer employees or agents; or
(D) Any other breach of security.
(m) Subletting Prohibited. Licensees are not authorized to sublet any portion of a licensed premises for any purpose.
(n) Recordkeeping. Cannabis businesses shall keep and maintain all records specified in Chapter 16 of the MAUCRSA and shall make the same available for inspection and examination of the city manager or their duly authorized representatives during standard business hours of the licensed facility or at any other PGCC 6-18-25
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reasonable time. Cannabis businesses are required to exercise due diligence in preserving and maintaining all required records.
(o) Transactions. Licensees shall only do business with cannabis businesses that are licensed or permitted to do business in their respective jurisdictions.
(p) Limited Hours of Operation. A retailer may only be open to the public and engage in sales between the hours of 8:00 a.m. and 10:00 p.m.
(q) Window Displays. Cannabis, cannabis products and cannabis paraphernalia shall not be placed in a window display or otherwise placed in a manner primarily intended for individuals outside of the premises to view the products.
(r) Cannabis Paraphernalia Sales. Retailers may sell or otherwise provide equipment, supplies, and paraphernalia used to consume cannabis and cannabis products. (s) Electronic Point-of-Sale System Required. Retailers must have an electronic point of sale system. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to the customer. (t) No Sales of Expired Product. A retailer may not sell any expired products, cannabis or cannabis products. A retailer shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer.
(u) Handling of Edible Cannabis Products. A retailer that possesses edible cannabis products shall comply with the provisions of all relevant state and local laws regarding the storage, handling, and sale of food. (v) Delivery of Cannabis and Cannabis Products. A retailer that provides delivery service shall comply with the following requirements:
(1) The retailer shall not deliver cannabis or cannabis products to any location outside of California or to any location within California where the delivery of cannabis or cannabis products has been prohibited by the city or county.
(2) The delivery service must be approved by the city as a part of the licensing process. The deliveries must be conducted in accordance with any relevant state laws, this code, any applicable local laws in the delivery location, and any conditions imposed upon the license. (3) The retailer must keep in place standard operating procedures that ensure the safety and security of those individuals engaging in delivery and the security of all cannabis being delivered, including procedures to prevent diversion.
(4) A retailer may only deliver cannabis to a specific street address requested by the purchaser.
Delivery to parks, schools or any other public facilities is prohibited. (5) Upon arrival at the delivery address and prior to transferring any cannabis or cannabis products, the delivery person must verify and confirm that the identity of the recipient is the same as the person who requested the delivery and that the person is either 21 years of age or a qualified patient or primary caregiver.
(6) A retailer shall report to the city manager and local law enforcement any vehicle accidents, diversions, losses, or other reportable incidents such as thefts or suspicious activity, that occur during transportation and delivery, within 24 hours.
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(7) The delivery shall keep a delivery manifest that includes the following information:
(A) All cannabis that will be transported, accurately inventoried; (B) Departure date and approximate time of departure;
(C) Arrival date and approximate time of arrival;
(D) Name, address, local license number and CUP number of the originating cannabis business; (E) Name and address of the individual requesting the delivery; (F) Delivery vehicle make, model, and license plate number; and (G) Name and signature of the individual transporting the cannabis. (8) Sale of Live Plants. A retailer may sell and offer for sale seeds and immature cannabis plants, but shall not sell or offer for sale live mature cannabis plants. The retailer may provide light and water to immature cannabis plants being offered for sale but may not engage in any other cultivation activity.
For the purposes of this provision, an “immature cannabis plant” is defined as a nonflowering cannabis plant that is shorter and narrower than 18 inches.
11.100.110 Limitations on city’s liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any local license pursuant to this chapter or the operation of any cannabis business approved for such local license pursuant to this chapter. As a condition of approval of a local license granted under this chapter, the applicant or its legal representative shall:
(a) Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business and delivery of cannabis as provided in this chapter; and (b) Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the city; and
(c) Name the city as an additional insured on all city-required insurance policies; and (d) Defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a local license or the operation of the cannabis business; and (e) Reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city’s approval of a local license or use permit. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
11.100.120 Inspections.
(a) Recordings made by security cameras at any cannabis business shall be made immediately available to the city manager upon verbal request for law or regulatory enforcement and criminal investigation purposes. Such recordings shall be considered confidential and shall not be released to the public pursuant to Government Code Section 7923.600 without the consent of the licensee. (b) The city manager shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter.
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the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations. Any cannabis business licensed pursuant to this chapter may be required to demonstrate, upon demand by the city manager, that the source and quantity of any cannabis or cannabis products found upon the licensed premises is in full compliance with any applicable local or state law or regulation.
(c) The city manager shall have the right to inspect records of medicinal cannabis patients and primary caregivers that have made purchases of medicinal cannabis or medicinal cannabis products from a retailer for the sole purpose of determining whether any and all such individuals are qualified to make such purchases. Such inspections of records shall not be used for any other purposes, nor shall the records be removed off site by the city without a court order.
(d) The city manager may delegate an act required to be performed pursuant to this section to any code enforcement officer or official of the city, including, without limitation, the chief of police, the fire chief, the building official, the finance director, the city attorney, or any designee of such officers or officials. (e) Applicants and licensees must cooperate with the city manager and his designees who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.
11.100.130 Enforcement – Suspension and revocation of license. (a) The provisions of this chapter may be enforced by the city by any means provided for in Chapter 1.16 or 1.19 PGMC in addition to any and all other remedies, civil, equitable or criminal, afforded to the city under the law. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter is hereby deemed to be a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or by any other remedy available to the city. Any violation of this chapter is declared to be a public nuisance per se contrary to the public interest and will, at the discretion of the city, be subject to a cause of action for injunctive relief. (b) Any violation of this chapter shall constitute a misdemeanor and a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be enforced pursuant to Chapters 1.16 and 1.19 PGMC. (c) In addition to any other remedies available to the city under the law, a license issued under the terms of this chapter may be suspended or revoked by the director if they conclude any of the following:
(1) The cannabis business or licensee has violated any of the requirements of this chapter, Chapter
23.92 PGMC, or the applicable use permit.
(2) The cannabis business is being operated in a manner which constitutes a nuisance. (3) The cannabis business is being operated in a manner which conflicts with or violates state laws. (4) A licensee’s use permit issued pursuant to Chapter 23.92 PGMC has been terminated or revoked. (5) A licensee’s state license has been suspended, terminated, or revoked.
11.100.140 Residential cannabis cultivation.
(a) All cannabis cultivation within city limits is prohibited except that a person, 21 years of age or older, may cultivate no more than six living cannabis plants inside a private residence, regardless of the number of persons that reside in the private residence, or inside a fully enclosed and secure accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.
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(b) The primary use of the property must be for a private residence, and cultivation must not prevent the property owner’s primary use as a residential use. The property shall remain at all times a private residence with a legal and functioning kitchen, bathroom(s) and bedroom(s) for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that is child resistant. (c) If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence. (d) Persons cultivating cannabis in a residence shall comply with all applicable building code requirements set forth in the Pacific Grove Municipal Code. (e) There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.
(f) All private cannabis cultivation under this section shall comply with Health and Safety Code Section 11362.2.
(g) The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to cultivation.
(h) The outdoor cultivation of cannabis is prohibited within city limits.
11.100.150 Consumption of cannabis.
Smoking and vaporizing of cannabis and cannabis products are prohibited in all public places and any place that is open to the public; reference Chapter 11.24 PGMC. Additionally, consumption and the use of any and all forms of cannabis, including edible cannabis product, shall be prohibited in all public places.
11.100.160 Exceptions.
(a) To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
(1) Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older without compensation whatsoever not more than 28.5 grams of cannabis not in the form of concentrated cannabis; or
(2) Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older without compensation whatsoever up to eight grams of cannabis in the form of concentrated cannabis; or
(3) Possessing, smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3.
(b) This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside of the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
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RESOLUTION 25 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PACIFIC GROVE, PURSUANT TO PACIFIC
GROVE MUNICIPAL CODE SECTION 11.100.070
ADOPTING RULES, POLICIES AND PROCEDURES
FOR COMMERCIAL CANNABIS STOREFRONT
RETAIL BUSINESS LICENSE APPLICATIONS
RECITALS
1. Section 11.100.070 of the Pacific Grove Municipal Code calls for the City Council to adopt by resolution rules, policies and procedures consistent with the intent and spirit of Chapter 11.100 concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, pertaining to commercial cannabis licensing.
2. The purpose of this Resolution is to adopt the rules, policies and procedures required by PGMC Section 11.100.070.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pacific Grove, hereby approves and adopts the “Application Procedures & Guidelines for Storefront Retail Commercial Cannabis Business License” attached hereto as “Exhibit A” as the rules, policies and procedures required by PGMC Section 11.100.070.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE on this 18th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
NICK SMITH, Mayor
ATTEST:
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
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_______________________________
BRIAN PIERIK, City Attorney
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Commercial Cannabis Business Application Procedure Guidelines 1 City of Pacific Grove
Community Development Department
300 Forest Ave, 2nd Floor
Pacific Grove, CA 93950
Ph: 831.648.3190
Email: [email protected]
www.cityofpacificgrove.gov
APPLICATION PROCEDURES & GUIDELINES FOR A
STOREFRONT RETAIL
COMMERCIAL CANNABIS BUSINESS LICENSE
Application Period
OPENS – TBD
CLOSES – TBD
NUMBER OF PERMITS
During this application period the City will be allowing up to one (1) cannabis Retail License under this process, consistent with the City’s ordinance Section 11.100.050(B)(1).
RETAIL BUSINESS
“Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code and Pacific Grove Municipal Code Section 11.100.030.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the Planning Division in the Community Development Department at (831) 648-3183 or by email at [email protected].
APPLICABLE REGULATIONS
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at https://www.cityofpacificgrove.gov and includes the following:
Application Procedures Guidelines and
Review Criteria
Financial Responsibility, Indemnity and
Consent to Inspection Terms Agreement
City of Pacific Grove Municipal Code (PGMC)
23-018 Chapter 11.100 (Business
Regulations)
City of Pacific Grove Municipal Code (PGMC)
23-017 Chapter 23.92 (Zoning Regulations,
Use Permit Application)
Property Owner Consent/Landlord Affidavit
Background Check Portal Link
Commercial Cannabis Business (CCB)
Permit Application
Cannabis FAQ’s
To be considered for issuance of a Cannabis Business License, applications must be submitted to the Planning Division in the Community Development Department located at the address listed on these procedures by the deadline.
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AMENDMENTS TO THE APPLICATION
If the City determines that a submitted application is incomplete or does not otherwise meet any or all of the requirements pursuant to any and all State and Local laws or regulations, the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit omitted application material in order to correct any incompleteness or deficiencies. The applicant will not need to pay a new application fee. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application shall be rejected.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to modify, postpone, or cancel the application period for a Cannabis Business License without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
The City reserves the right for the Community Development Director to waive minor informalities or irregularities, which are merely a matter of form and not of substance, or immaterial defect in an application or variation of an application from the exact requirements of the process that can be corrected or waived without being prejudicial to other applicants. The City Manager shall give the applicant an opportunity to cure any deficiency resulting from a minor informality or irregularity in an application or waive the deficiency.
APPLICATION PROCESS
This Commercial Cannabis Business License application process is delineated in Pacific Grove Municipal Code Chapter 11.100. A CCB that receives a storefront license must also obtain a use permit and has 12 months to do so from the issuance of the license. The use permit process is delineated in Pacific Grove Municipal Code Chapter 23.92. A separate application is required for the use permit subsequent to the award of the license, and these application procedures and guidelines do not apply to the use permit. It is incumbent upon the applicant to review and comply with all State and Local applicable laws and regulations regarding the application process. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Storefront Retail Cannabis Business License application process for a CCB on the City webpage provided on page one.
The following procedures generally outline the application evaluation and selection process, required materials, and other information necessary to apply for a Cannabis Business License to operate a Storefront Retail facility in the City of Pacific Grove.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business License.” This can be found at https://www.cityofpacificgrove.gov. Applicants must submit all required application materials together in one complete comprehensive application package.
This can be done in person, or can be sent to the City via FED EX, UPS or any other common carrier delivery service as long is it a complete application. Electronic submissions such as Email, Dropbox, Google Docs, etc. will not be accepted. Complete applications also must be submitted prior to the close of the application deadline.
The application package must include all the following documents with original wet signatures and notaries for each document (where applicable).
1. Commercial Cannabis Business Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement; PGCC 6-18-25
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3. Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City;
4. Property Owner Consent/Landlord Affidavit;
5. Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease;
6. Proof of insurability from an Insurance Company;
7. Zoning Verification Application;
8. Application Zoning Verification Letter;
9. USB Flash Drive;
10. Application fee.
FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.
Responses to the Evaluation Criteria (Sections 1-5 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 125 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, shall not be included in the 125 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).
All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly. Improper organization of your application may ground for rejection.
PDF File #1 Commercial Cannabis Business Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F3,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F4-F6), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).
PDF File #2 Evaluation Criteria (Responses to Sections 1-5 of Appendix A limited to 125 pages).
PDF File #3 Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).
BACKGROUND CHECK
Any person who is an owner (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per PGMC 23-018, Section
11.100.060(B)(2) Cannabis Business Person(s) who do not meet the criminal history eligibility requirements in Business & Professions Code Section 26057(b)(4)(A)-(E) will be disqualified. The background form can be found online at https://hdlcompanies.formstack.com/forms/bc_pacificgrove.
The initial background check fee for each Cannabis Business Person(s) shall be $300.00. This process will be required to meet the minimum threshold qualifications pursuant to PGMC Section 11.100.060(B)(2).
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ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter, and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (storefront retail), and the proposed building location. Applicants must submit a Retail Cannabis Business Zoning Verification Application prior to (TIME AND DATE TBD).
The issuance of a Zoning Verification Letter does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory permit for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.
FEES
All applicants shall be required to submit a fee of $XXXXX. This amount will be charged against time spent by City staff and any consultant reviewing applications and administrating the application process.
Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $XXX per site and the Background Check Fee of $300.00 per Cannabis Business Person(s).
Payment of all fees and monies must be made by a certified check, cashier’s check or money order made payable to the City of Pacific Grove. Please note the City will not accept cash or credit cards. All application fees are non-refundable.
SUBMITTAL DEADLINE
Completed applications must be received by the Planning Division by (TIME AND DATE TBD). Late applications will not be accepted.
APPLICATION EVALUATION, REVIEW AND APPROVAL PROCESS
PHASE I: REVIEW OF APPLICATION FOR COMPLETENESS
Applications must be completed and submitted in their entirety to move forward in the review process.
Upon receiving an application, the application will be reviewed in its entirety using the Application Submittal checklist on Page 1 of the CCB Application to determine if the Application is complete Applications determined to be complete will be forwarded to the Consultant for Phase II (Application Evaluation and Review).
PHASE II: APPLICATION EVALUATION AND REVIEW
Applications will be evaluated by using the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
Section 1. Business Plan
Section 2. Labor and Local Enterprise Plan
Section 3. Neighborhood Compatibility Plan
Section 4. Security Plan
Section 5. Location
Those applications which are determined to meet the requirements in each category will move on to Phase III of the application process. If the application is incomplete or does not otherwise meet the minimum requirements, the Applicant may resubmit those sections that have been deemed incomplete or deficient.
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Commercial Cannabis Business Application Procedure Guidelines 5 Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.
PHASE III: LOTTERY
If more than one (1) application is received and determined to meet the requirements of PHASE II, then that application will advance in the process pursuant to PGMC 11.100.070. In the case of only one (1) application, the PHASE III Lottery will not be required. If more than one (1) application is received and determined to meet the requirements of PHASE II, then all applications will advance to PHASE III and will be entered into the random lottery drawing.
The City will announce the location, date, and time at least two (2) weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to the submitted applicants who have made it through to this phase, and any other interested person who has requested to receive cannabis lottery updates.
Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website at https://www.cityofpacificgrove.gov.
One (1) storefront retail local license shall be provisionally granted from the results of the lottery. From the date the local license is provisionally approved, the applicant will have twelve (12) months to secure approval of a use permit for a premises, in addition to any other land use permits or entitlements that may be required by this code for the premises. If the applicant who received a provisional license does not obtain the use permit or any other required land use permits or entitlements for the premises within this time frame, then the provisional license shall become null and void.
Each person granted a commercial cannabis business license shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business license program created in this article prior to commencing business in the city.
APPEALS:
Any Applicant wishing to appeal any decision made in the application process or determination of acceptance into the lottery, may appeal the decision within ten calendar (10) days of the Applicant receiving a notice that their application does not meet the standards to enter the lottery. Such appeals shall comply with the requirements of Pacific Grove Municipal Code.
Note: Being awarded a Cannabis Business License does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including:
electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business License guarantee that the plans submitted via the Cannabis Business License application process meet the standards or requirements and any other permit requirements from other City departments or agencies. Further, it is understood and agreed to by the Applicant that 1) the business has 12 months to secure approval of their use permit, in additional to any other land use permits or entitlements that may be required. If a business does not obtain the use permit or any other required land use permits or entitlements within this time frame, then the provisional license shall become null and void a license maybe granted to another applicant from the lottery. 2) subsequent to the issuance of a local license, the licensee shall report any transfer of ownership in the cannabis business to the city within 30 calendar days of that change. Violation of these two issues shall deed any Cannabis Business License null and void.
CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Pacific Grove Planning Division (831) 648-3183 or by email at [email protected].
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Commercial Cannabis Business Application Procedure Guidelines 6 APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I.
All responsive documentation must be saved in three (3) individual digital files as described in the APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.
1. BUSINESS PLAN
1.1. Owner qualifications. Provide detail regarding prior cannabis experience.
1.2. Describe the number of employees, title/position, and their respected responsibilities.
1.3. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.
1.4. Proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.
1.5. Pro forma for at least three (3) years of operation.
1.6. Describe hours of operation and opening and closing procedures.
1.7. Describe the day-to-day operations if you are applying for a STOREFRONT RETAIL permit.
This should include at a minimum the following criteria.
1. Identify the name of the Point-of-Sale system to be used and the number of Point-of-Sale locations.
2. Estimate the number of customers to be served per hour/day.
3. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
4. How the Cannabis Business will conform to local and state laws. See PGMC 23-017, Section 23.92 and 23-018, Section 11.100 as they pertain to storefront retail establishments in the City of Pacific Grove.
2. LABOR AND LOCAL ENTERPRISE PLAN
2.1. Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage, as defined by MIT Living Wage calculator (https://livingwage.mit.edu/).
2.2. Briefly describe benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment.
2.3. Describe compensation to and opportunities for continuing education and employee training.
2.4. Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Pacific Grove and the Sphere of Influence for the City generally.
3. NEIGHBORHOOD COMPATIBILITY PLAN
3.1. Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.
3.2. Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
3.3. Describe odor mitigation practices and odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises (refer to PGMC 23- 017, Section 23.92.080(1))
3.4. Describe all proposed system maintenance to odor control devices.
3.5. Describe the waste management plan.
3.6. Describe outreach efforts to sensitive uses listed in the PGMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.
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Commercial Cannabis Business Application Procedure Guidelines 7
4. SECURITY PLAN
The Security Plan should consider all access control, inventory control, cash handling procedures.
Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criteria, which incorporates the following provisions:
4.1. Premises Diagram which focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).
1. The diagram shall be accurate and drawn to scale.
2. Clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways.
3. Identify the activity in each room and a description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.
4. Location and number of all video surveillance cameras must be identified in the diagram.
5. Limited-access areas (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).
4.2. Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).
4.3. Describe cash handling procedures.
4.4. Describe whether the CCB will utilize the services of on-site security guards. Include in the description:
1. Number of guards.
2. Hours guards will be on-site.
3. Locations at which they will be positioned.
4. Guards’ roles and responsibilities.
5. LOCATION
5.1. In addition to the location-related details provided in the Cannabis Business License Application (pages 1-3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.
5.2. The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.
5.3. Site Diagram for each proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property and building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.
1. A Site Diagram must be accurate, dimensioned and to-scale. The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required at this point of the application process. Security features are not required for this section.) PGCC 6-18-25
Agenda No. 11 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matthew Mogensen, City Manager
MEETING DATE: June 18, 2025
SUBJECT: First Reading of an Ordinance Repealing and Replacing PGMC Chapter
18.32.080 to adopt the 2025 Fire Hazard Severity Zone Map for the City as identified by the California State Fire Marshall in Accordance with Government Code Section 51178
CEQA: Statutory Exemption, CEQA Guidelines Section 15268, Ministerial Projects
RECOMMENDATION
1. Request the City Attorney to read the title of the Ordinance.
Motion to introduce an Ordinance Repealing and Replacing PGMC Chapter 18.32.080 to adopt the 2025 Fire Hazard Severity Zone Map for the City as identified by the California State Fire Marshall in Accordance with Government Code Section 511783.
2. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
3. 4. Other action related to this Agenda Item
DISCUSSION
The State Fire Marshal in conjunction with the California Department of Forestry and Fire Protection (CAL FIRE) is tasked with assigning and periodically updating Fire Hazard Severity Zones in the state based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones are based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. (Government Code section 51178) On March 10, 2025, CAL FIRE released the 2025 Local Responsibility Area Fire Hazard Severity (FHSZ) maps that apply to the City of Pacific Grove. The maps indicate potential hazard, not immediate risk, and do not take into account mitigation efforts such as maintaining defensible space or fire-resistant construction. Changes to the map do not affect how fire services are provided.
Requirements and Updates
Within 30 days of the City receiving the FHSZ information, the City was required to publish the information and make it available for public comment. (Government Code section 51178.5.) The City is also required by state law to adopt, by ordinance (Attachment No. 1), the updated FHSZ PGCC 6-18-25
The City is also required by state law to adopt, by ordinance (Attachment No. 1), the updated FHSZ map (Attachment No. 2) within 120 days of publication. (Government Code section 51178.) FHSZ classifies the zones by categorizing properties as Moderate, High, or Very High based on terrain, vegetation, fire history, and climate conditions.
Finally, the City is required to post a notice at the office of the County Recorder, County Assessor, and County Planning Agency identifying the location of the map provided by the State Fire Marshal.
Analysis
All parcels in Pacific Grove, regardless of FHSZs, are required to maintain defensible space requirements as outlined in the amendments to the California Fire Code Section 4907.1.1. Homeowners in the updated Very High, High, and Moderate FHSZ must comply with more stringent defensible space requirements as required by the state.
The 2025 updated FHSZ map expands the City’s current Very High FHSZ from 82-acres in total to 167-acres with an additional High FHSZ category of 64-acreas and a Moderate FGSZ category of 141-acres. The total acreage in Pacific Grove with a FHSZ designation is now 372-acres.
New construction and certain renovations in Very High FHSZ must adhere to the Wildland-Urban Interface (WUI) building code standards. The City adopted its WUI with the adoption of Resolution No. 24-031 C.S. on July 17, 2024.
Additional properties will be included in the FHSZ because of the 2025 FHSZ map adoption. All properties within the FHSZ will be subject to the following:
A defensible space inspection annually from the Fire Department that advises of vegetation clearance around structures. Note that many properties in the City are already receiving these as a result of the City’s adoption of the Community Wildfire Protection Plan (CWPP).
New construction in the FHSZ will need to meet current Fire and Building Code requirements for wildfire protections.
CAL FIRE will be issuing further regulations regarding fire defensible space and structure hardening in the future and some property owners will need to make modifications within 3 years to comply once these regulations are established.
Additionally, Property sellers must disclose FHSZ designations and have a defensible space inspection during real estate transactions as well. (AB 38 inspection – Civil Code section 1102.19).
City Actions
On March 13, 2025, the City timely shared the FHSZ information through a press release.
On March 28, 2025 the information was posted on the City website at. https://www.cityofpacificgrove.gov/our_city/departments/fire___emergency_preparedness/index.php Staff will be evaluating the need to modify the City’s WUI to align with the newly updated FHSZ maps.
Planning Staff will bring forward an amendment to the General Plan Safety Element to adopt the new FHSZ map.
Environmental Review
Adoption of an ordinance pursuant to GC Section 51179(a) does not include an increase to FHSZ levels PGCC 6-18-25
or areas beyond what was identified by the State Fire Marshall. Therefore, action by the City Council does not include exercising the discretion afforded in GC Section 51179(b). As such, adoption of the ordinance is a ministerial action statutorily exempt pursuant to Public Resources Code (PRC) Section 21080(b)(1) and CEQA Guidelines Section 15268.
Further, PRC Section 21080(b)(4) and CEQA Guidelines Section 15269(c) statutorily exempts actions necessary to prevent or mitigate an emergency. The Governor of California Executive Order N- 18-25 identifies that California is at a great risk due to wildfire. This order proclaims that standards, regulations and statutes shall be incorporated to harden communities to reduce wildfire risk. Adoption of the FHSZ map furthers this proclamation. Therefore, this action qualifies under this exemption.
CEQA Guidelines Sections 15307 and 15308 categorically exempts actions by regulatory agencies for protection of natural resources and of the environment, respectively. These include actions taken by regulatory agencies (i.e. the City) as authorized by state law (i.e. GC Section 51179(a)) to assure the maintenance of a natural resource and protection of the environment where the regulatory process involves procedures for such maintenance and protection. Adoption of an ordinance incorporating the updated FHSZ map prepared by the State Fire Marshal within the Pacific Grove Municipal Code is required by state law and associated wildfire prevention and protection measures ensure the maintenance of the city’s natural resources and protection of the overall environment. None of the exceptions to the exemptions listed in CEQA Guidelines Section 15300.2 exist in this case. Although additional areas are now designated, from 82-acres to 372-acres, the required vegetation management and structural hardening are already required by state law and do not go beyond the baseline requirements. Therefore, the ordinance does not present or entail any unusual circumstances.
OPTIONS
The map must be adopted by the City to be compliant with state law. The City cannot make changes to the map that reduces the fire hazard classification, although it may suggest a higher severity level to the State Fire Marshal pursuant to Government Code section 52119 as follows:
The City could designate areas not identified as Very High Fire Hazard Severity Zones by the State Fire Marshall, as Very High Fire Hazard Severity Zones following a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the area.
The foregoing option is not recommended because it would impose additional regulatory requirements on property owners beyond those mandated by the State, potentially leading to increased costs, community opposition, and legal challenges. Moreover, absent compelling and well-documented local evidence demonstrating a heightened fire risk, such designations could be seen as arbitrary or unsupported.
FINANCIAL IMPACT:
There is no additional fiscal impact related to this item at this time.
FOCUSED PRIORITY AREA: Environmental Stewardship
Attachments
Proposed Ordinance
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Exhibit "A" to Proposed Ordinance
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ORDINANCE NO. 25-____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE REPEALING AND REPLACING PGMC CHAPTER 18.32.080 TO ADOPT THE 2025
FIRE HAZARD SEVERITY ZONE MAP FOR THE CITY AS IDENTIFIED BY THE
CALIFORNIA STATE FIRE MARSHALL IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51178
FACTS
1. Chapter 18.32.080 of the Pacific Grove Municipal Code “Very high fire hazard severity zone” (VHFHSZ) includes regulations pursuant to the requirements of Government Code Sections 51175 through 51189, and the “Pacific Grove VHFHSZ” map dated July 22, 2008 as recommended by the Director of the California Department of Forestry and Fire Protection.
2. On March 10, 2025, the California State Fire Marshal updated and officially released the 2025 Fire Hazard Severity Zone (FHSZ) map (Exhibit A), using the latest science, data, and modeling methodologies, and transmitted the new map to the City as required by law.
3. The City of Pacific Grove is required to adopt the 2025 FHSZ map within 120 days of receipt in order to remain in compliance with Government Code Section 51179 and to enhance wildfire resilience and planning measures
4. Adoption of an ordinance pursuant to GC Section 51179(a) does not include an increase to FHSZ levels or areas beyond what was identified by the State Fire Marshall. Therefore, action by the City Council does not include exercising the discretion afforded in GC Section 51179(b).
As such, adoption of the ordinance is a ministerial action statutorily exempt pursuant to Public Resources Code (PRC) Section 21080(b)(1) and CEQA Guidelines Section 15268.
Further, PRC Section 21080(b)(4) and CEQA Guidelines Section 15269(c) statutorily exempts actions necessary to prevent or mitigate an emergency. The Governor of California Executive Order N- 18-25 identifies that California is at a great risk due to wildfire. This order proclaims that standards, regulations and statutes shall be incorporated to harden communities to reduce wildfire risk. Adoption of the FHSZ map furthers this proclamation. Therefore, this action qualifies under this exemption.
CEQA Guidelines Sections 15307 and 15308 categorically exempts actions by regulatory agencies for protection of natural resources and of the environment, respectively. These include actions taken by regulatory agencies (i.e. the City) as authorized by state law (i.e. GC Section 51179(a)) to assure the maintenance of a natural resource and protection of the environment where the regulatory process involves procedures for such maintenance and protection. Adoption of an ordinance incorporating the updated FHSZ map prepared by the State Fire Marshal within the Pacific Grove Municipal Code is required by state law and associated wildfire prevention and protection measures ensure the maintenance of the city’s natural resources and protection of the overall environment. None of the exceptions to the exemptions listed in CEQA Guidelines Section 15300.2 exist in this case. Although additional areas are now designated, from 82-acres to 372-acres, the required vegetation management and structural hardening are already required PGCC 6-18-25
by state law and do not go beyond the baseline requirements. Therefore, the ordinance does not present or entail any unusual circumstances.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing Facts are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.
SECTION 2. Pacific Grove Municipal Code Chapter 18.32.080 of the Pacific Grove Municipal Code “Very high fire hazard severity zone” is hereby repealed and replaced as follows:
18.32.080 FIRE HAZARD SEVERITY ZONE ADOPTED
This section shall be known as the fire hazard severity zone (FHSZ) regulations and is adopted pursuant to the requirements of Government Code Sections 51175 through 51189. The area described as the FHSZ has been recommended by the California Department of Forestry and Fire Protection. The city of Pacific Grove FHSZ is designated on a map titled “Pacific Grove VHFHSZ” dated March 1, 2025, and retained on file at the city of Pacific Grove and which shall also be retained on file at the office of the California Department of Forestry and Fire Protection. Whenever a more restrictive standard is set forth on any of the city’s codes or state law, the more restrictive standard shall apply in all cases.
SECTION 3. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.
SECTION 4. 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 thereof, or its application to other persons or circumstances. The City Council hereby declares 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 5. In accord with Article 15 of the City Charter, this Ordinance shall become effective on the thirtieth (30th) day following its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ______________, ______, by the following vote:
AYES:
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NOES:
ABSENT:
APPROVED:
_________________________________
NICK SMITH, Mayor
ATTEST:
DATED:________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:20,000 at 11" x 17"
Km 0 1
Mi 0 1
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Pacific Grove
68 UNINCORPORATED
MONTEREY CO.
MONTEREY
M O N T E R E Y
C O .
March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF PACIFIC GROVE – MONTEREY COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
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