WATSONVILLE — Three months after the Watsonville Planning Commission unanimously voted to deny an appeal of a proposed 34-unit homeless shelter on property owned by and adjacent to Westview Presbyterian Church, the project is being appealed again, this time to the City Council at its Tuesday meeting.
The appeal was submitted Dec. 16 by Catalina Torres, a 2nd Street resident and member of La Coalicíon del Distrito Uno Oeste para Familias, Seguridad y Justicia Social. Torres had previously submitted the appeal to the Planning Commission amid claims that staff had made misleading statements or omitted certain information throughout the process.
In June 2023, Monterey and Santa Cruz counties announced a joint partnership that would develop 34 temporary housing units on church property at 118 1st St. — as well as adjacent property at 120 1st St. and 5 Cherry Court — for a two-year pilot program intended to house those displaced by the construction of the Pajaro River levee following that year’s breach and flooding.
The Recurso de Fuerza — Spanish for “Resource of Strength” — project would consist of 26 single-bedroom units, two double-bedroom units, four Americans with Disabilities Act-compliant units, four shared bathrooms, one staff bathroom, a dining room, warming kitchen, multipurpose room, two laundry rooms, two staff offices, an intake area, storage areas, pet relief and exercise area, utility area and trash enclosure.
The project also aims to have separate LifeArk modular units about 65 square feet in size and capable of being used as shelter with lighting and a wall air conditioner and heating unit. There are additional options for an automatic fire sprinkler, drywall, solar panels, furnishing and appliances and a deck with stairs or a ramp.
However, the project was met with swift backlash from neighboring residents who felt staff did not do their due diligence in approving the project and were not transparent throughout the process. Torres filed an appeal of the zoning administrator’s approval of the project in October which went before the Planning Commission Dec. 3.
Torres’ initial appeal made 15 points, including claims that staff withheld critical information from at least three council members regarding collaboration with county government officials as to choosing where to locate the project, not examining and determining existing uses and conditions, improperly noticing and scheduling neighborhood informational meetings and improperly accepting the application. Interim Community Development Director Matt Orbach argued that most of the complaints did not relate to city zoning and planning oversight and thus did not apply.
Ultimately, the commission voted 5-0 to deny the appeal, with Chair Ed Acosta absent and Commissioner Jenni Veitch-Olson recusing herself due to a perceived conflict of interest. On Dec. 16, the city received an application from Torres appealing the commission’s decision.
Torres wrote that staff’s response to the initial appeal was “dismissive and dominated by two repetitive arguments.” She specifically cited staff’s use of the phrase “the entitlement review process” and assertion that Government Code Section 65662 completely preempts all authority of the city’s Zoning Code.
Torres contended that staff never explained what the entitlement review process was and that it is not defined in the Watsonville Municipal Code.
“It is clear that Staff used the term ‘the entitlement review process’ as an arbitrary and frivolous evasion from responding to the Appeal,” she wrote.
The project is classified as a low-barrier navigation center, which Orbach said in September prohibited local governments from requiring a conditional use permit or other discretionary approval as long as it meets certain operational standards. Torres claimed that while Section 65662 preemptively designated low-barrier navigation centers as a “use by right” for church properties, it did not preempt local zoning authority.
“While the City may not require an LBNC to obtain a conditional use permit, the City has full authority of its local zoning code to regulate any existing conditional uses on the Church parcels,” she wrote.
Torres went on to highlight 32 “procedural defects” of the Planning Commission meeting, including an audiovisual support system that led to speakers being rendered inaudible to the public, staff not mentioning that the church was a conditional use, commissioners not critically examining or commenting on the appeal and staff not including a letter by attorney William Seligmann which argued the project could not preempt local zoning regulations and Westview Presbyterian Church should have gotten a special use permit before establishing a shelter on the proposed parcels.
In the staff report for the item, Orbach wrote that while Torres referenced Seligmann’s letter in the appeal, it was not included in the appeal documents or submitted as a public comment to the commission.
“All of the issues raised in the appeal to the Planning Commission were addressed by staff, and if Ms. Torres wanted the letter included it should have been attached to the appeal,” he wrote.
To Seligmann’s point that the church should have gotten a special use permit, Orbach wrote that while churches in the downtown core are now required to obtain special use permits following the adoption of the Downtown Watsonville Specific Plan, the church use existed before then, so it does not apply.
To other points raised by Torres, Orbach wrote that a secondary audio system was available for the meeting and no concerns were raised about speakers being rendered inaudible, the existing church was identified in the parcel map, and commissioners could comment or not comment as an item as they saw fit. Orbach argued that most of the 32 items were not grounds for appeal.
Staff is recommending the council deny the appeal. Should the council vote to grant the appeal, Orbach wrote that staff would recommend providing direction to staff to make the required findings that the actions taken by the commission were done so erroneously and inconsistent with Section 65662. Staff would then return with a resolution to grant the appeal at a later meeting.
In other business, the council will consider amending the municipal code to remove the 150-foot residential setback requirement for drive-thru businesses in certain districts and change the zoning map amendment for a 1.18-acre site at East Lake Avenue to potentially accommodate a Quick Quack Car Wash on the property.
The council will meet publicly at 6 p.m. Tuesday on the top floor of the Watsonville City Council Chambers, 275 Main St. A closed session to discuss legal matters will precede the regular meeting.