The appeal resulted from a September 5, 2019 voted action (6-0, Cruz absent) by City Hall's Planning Commission denying a request by the developer/applicant, PCH CenterCal, LLC, and PCH Realty Partners, LLC to allow four wall-mounted electronic message center signs. City staff supported the developer's request, but members of the public objected, citing grounds ranging from safety to aesthetics..

The Planning Commission voted action (motion by Christoffels, seconded by Verduzco-Vega) allowed two inward facing electronic signs but denied two outward facing signs...and imposed conditions on the inward facing signs and reiterated its stance when the item came back for a second vote on Sept. 19 (4-0, 3 absent).

(Sept. 5 speakers in opposition were Ann Cantrell (Citizens About Responsible Planning and Sierra Club Task Force), Diane Sundstrom, Tom Mays (Pres. LB Marina Boat Owners Ass'n), Anna Christensen, John Fries and Kris Flag. Written testimony in opposition was submitted by Melinda Cotton (attached an article The Dangerous Distraction of Digital Billboards) and Linda Pemberton.

Supporting the company's position was Alex Cherin (gov't relations professional) and two tenants in the new development, Toby Reece (will be opening business in new center) and Cidney Corpuz (relocated his business to new 2nd/PCH center).

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Aiming to reverse the Planning Commission's denial of two of its desired electronic signs, the developer/operator filed an appeal escalating the issue to a City Council hearing.

To view city staff's agendizing memo for the Dec. 10 hearing, click here).

The developer/operator contended no facts supported the Planning Commission's findings and challenged the Planning Commission's conditions regarding the internal-facing signs on grounds they weren't visible from the outside and thus not subject to a Conditional Use Permit. Opponents of the electronic billboards were mobilized and ready for a City Council fight.

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But on or about Dec. 6, the developer/operator abruptly withdrew its appeal. As a result, the Planning Commission decision stands, allowing two inward facing signs subject to CUP conditions without two electronic billboards facing the public right of way..

The timeline for the appeal had raised eyebrows locally. Timed for the day before the 2nd/PCH development's Oct. 24 opening, Mayor Garcia scheduled an Oct. 23 event hosted by the 2nd/PCH developer at which Garcia could solicit contributions to his "officeholder account" (inviting tripled/politically-weaponized contributions under controversial 2015/2017 Council majority voted actions.)

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In an Oct. 8 mass emailing indicating it was funded by the "Robert Garcia Officeholder Account," Mayor Garcia told recipients:

I'm excited to invite you to a very special preview of the new 2nd & PCH. It will be held as my annual office holder event and fundraiser. Our event on Oct. 23rd at 5:30 PM is being hosted by CenterCal and the team at 2nd & PCH. Join us for a great evening and with good food from the new restaurants at this development...[Lists contact non-City Hall phone and email for an individual/fundraiser handling the event.]

At the scheduled Dec. 10 hearing on the developer/operator's appeal, Mayor Garcia would not have had a vote but would have had a veto. (It takes six Council votes to override a Mayoral veto.)

The developer's decision to drop its appeal avoided the showdown hearing.

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Dec. 11, 11:15 a.m. Text amended to indicate city staff recommended Dec. 10 Council approval of the Planning Commission's Sept. voted action.

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