CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:
Adoption of an Ordinance to approve Rezoning RZ-201-18 and Development Plan DP-79-18 to rezone from the R-1/B-4/HPD zoning district to the P-D/HPD zoning district and to authorize a single-family residential use, filed by Matthew and Margaret Murphy, at the eastern terminus of Talbot Avenue (APN 016-270-110) in Pacifica (File No. 2018-057). Recommended California Environmental Quality Act (CEQA) status: Class 3 Categorical Exemption, CEQA Guidelines Section 15303.
RECOMMENDED ACTION:
Move to adopt an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-201-18 and Development Plan DP-79-18 to establish a Planned Development (P-D) zoning district with development plan at TBD Talbot Avenue (APN 016-270- 110).”
STAFF CONTACT:
Christian Murdock, AICP, Acting Director of Planning
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The proposed ordinance was introduced at the regular meeting of the City Council held on March 28, 2022 and is now in order for adoption. Attached to this report, for reference, is the staff report from March 28, 2022 (Attachment A) which was presented to Council at a public hearing for consideration of a resolution that would approve a General Plan amendment to change the land use designation applicable to the subject site, and introduction of an ordinance that would approve a rezoning and development plan, to enable development of a single-family residence on an undeveloped site at the eastern terminus of Talbot Avenue.
At the City Council meeting held on March 28, 2022, in addition to introduction of the ordinance as proposed, the Council also adopted Resolution No. 16-2022, “A Resolution of the City Council of the City of Pacifica approving General Plan Amendment GPA-100-21 to change the land use designation in the Land Use Element of the General Plan from Low Density Residential to Very Low Density Residential at TBD Talbot Avenue (APN 016-270-110).” Adoption of the subject ordinance is necessary in order for the General Plan amendment approved by the City Council to take effect.
California Environmental Quality Act (CEQA) Status
Prior to adopting any legislative item, the City Council must comply with the California Environmental Quality Act (CEQA). Adoption of the ordinance would be exempt from CEQA pursuant to a Class 3 categorical exemption as provided in Section 15303 of the CEQA Guidelines. Specifically, the project (1) includes one single-family residence; and (2) is located in an area where the PMC and General Plan authorize single-family residential uses.
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Additionally, none of the exceptions to application of an exemption contained in Section 15300.2 of the CEQA Guidelines apply to the project, as described below:
• Sec. 15300.2(a): There is no evidence in the record that the project will impact an environmental resource of hazardous or critical concern in an area designated, precisely mapped, and officially adopted pursuant to law by federal, State, or local agencies. • Sec. 15300.2(b): There is no evidence in the record that successive projects of the same type in the area would have a significant environmental impact. • Sec. 15300.2(c): There is no evidence in the record of any possibility that the project would have a significant effect on the environment due to unusual circumstances. • Sec. 15300.2(d) through (f): The project is not proposed near a scenic highway, does not involve a current or former hazardous waste site, and, does not affect any historical resources.
Because the project is consistent with the requirements for a Class 3 exemption and none of the exceptions to applying an exemption in Section 15300.2 apply; therefore, there is substantial evidence in the record to support a finding that the project is categorically exempt from CEQA.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adoption of the ordinance is not directly associated with a City Council goal or an item on the City Council’s Work Plan. Serving in a legislative capacity is a routine function of the City Council as part of its normal governance process as established in the Pacifica Municipal Code and in State Law.
FISCAL IMPACT:
No direct fiscal impact. Processing costs for this item are paid by the applicant.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A: Staff Report March 28, 2022 (PDF)
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ORDINANCE NO. (ID # 4951)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING REZONING RZ-201-18 AND DEVELOPMENT PLAN DP-79-18 TO ESTABLISH A
PLANNED DEVELOPMENT (P-D) ZONING DISTRICT WITH DEVELOPMENT PLAN AT TBD TALBOT AVENUE (APN 016-270-110)
WHEREAS, an application has been submitted for construction of a 2,406-square foot (sf) single-family residence with attached 425-sf two-car garage on an undeveloped 24,149-sf parcel at the eastern terminus of Talbot Avenue (APN 016-270-110) (File No. 2018-057); and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project and adopted Resolution No. 2022-001 recommending City Council approval of General Plan Amendment GPA-100-21, Rezoning RZ-201-18, and Development Plan DP-079-18 on January 18, 2022; and
WHEREAS, on March 14, 2022, the City Council of the City of Pacifica continued the public hearing to March 28, 2022; and
WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on March 28, 2022, and introduced Ordinance No _______.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Findings. Specific findings of fact for approval of the Rezoning and Development Plan are contained in the Planning Commission Resolution No. 2022-001 adopted on January 18, 2022, including without limitation findings related to the consistency of the residential development with the General Plan, and the City Council concurs with said findings and incorporates the findings herein by reference.
Section 3. Development Plan. The approved Development Plan DP-79-18 for the project site, which shall be implemented through the development more particularly set forth in a specific plan approved in accordance with Article 22 of Chapter 4 of Title 9 of the Pacifica Municipal Code, shall be as set forth in the following Table 1:
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TABLE 1
Standards Approved
Use • One Single-Family Residence
• Accessory Dwelling Unit(s) and Junior
Accessory Dwelling Unit(s) as allowed
by the Pacifica Municipal Code,
provided they do not increase the
amount of coverage under the Hillside
Preservation District (HPD).
Lot Size 20,000 to 43,559.99 square feet
Lot Width (min.) 100 feet
Lot Coverage (max.) Impervious Surface: 40%
Structure: 30%
Hillside Preservation
District (HPD) Coverage
(max.)
27.22% (6,573.13 square feet)
Landscaping (Planting
area+Undisturbed Natural
Vegetation) (min.)
20%
Setbacks
Front 45’-0”
Side 50’-0” (south) / 80’-0” (north)
Rear 26’-0”
Height 35’-0”
Off-street Parking 2 covered (garage) and 2 uncovered spaces (Variance and Parking Exception granted to
deviate from the HPD guest parking
requirement)
Usable Recreational Open
Space
536 square feet
Section 4. Reclassification. Section Map 8 of the Zoning Map of the City of Pacifica, as described in Section 9-4.302 of the Pacifica Municipal Code, is hereby amended as depicted in Exhibit 1 to this Ordinance. The specific area affected by this reclassification is more particularly described in the legal description included as Exhibit 2 to this Ordinance. The reclassification does not alter the existing Hillside Preservation District (HPD) zoning applicable to the site, which shall remain in full force and effect.
Section 5. Compliance with CEQA. The City Council hereby finds in the exercise of its independent judgment that the Project qualifies for a Class 3 exemption under CEQA Guidelines Section 15303, Pacifica City Council 5
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and that none of the exceptions to application of an exemption contained in Section 15300.2 of the CEQA Guidelines apply to this action.
Section 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for anyreason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section,subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 7. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be publishedonce in The Pacifica Tribune, a newspaper of general circulation, published and circulated in the City of Pacifica, California.
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PASSED AND ADOPTED this day of , 2022, by the following vote:
AYES:
NOES:
ABSTAI
N:
ABSEN
T:
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney EXHIBIT 1
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P-D (DP-079-18)
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EXHIBIT 2
LEGAL DESCRIPTION
Real property in the City of Pacifica, County of San Mateo, State of California, described as follows:
PORTION OF THAT CERTAIN 19.62 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM SALADA IMPROVEMENT COMPANY TO OCEAN SHORE LAND COMPANY, DATED APRIL 26, 1911 AND RECORDED AUGUST 18, 1911 IN BOOK 200 OF DEEDS AT PAGE 151 (FILE NO. 4862), SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS DESCRIBED IN THE DEED FROM RAY T. HIGGINS, INC., A CALIFORNIA CORPORATION TO WILLIAM J. SCHADE AND FRIEDA K. SCHADE, HIS WIFE, AS JOINT TENANTS, DATED MARCH 29, 1960 AND RECORDED MARCH 30, 1960 IN BOOK 3771 OF OFFICIAL RECORDS AT PAGE 605 (FILE NO. 42019-S), RECORDS OF SAN MATEO COUNTY, CALIFORNIA, THENCE FROM SAID POINT OF
BEGINNING WESTERLY ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LANDS, A DISTANCE OF 181.63 FEET TO THE WESTERLY LINE OF THE 19.62 ACRE TRACT OF LAND FIRST ABOVE REFERRED TO: THENCE NORTHERLY ALONG THE LAST
MENTIONED LINE TO THE NORTHWESTERLY CORNER OF SAID LAST MENTIONED LANDS, SAID NORTHWESTERLY CORNER BEING MARKED BY A STAKE MARKED NO. 8; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID 19.62 ACRE TRACT TO THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED AS PARCEL 2 IN THE DEED FROM
OCEAN SHORE LAND COMPANY, A CORPORATION TO UNITED STATES OF AMERICA, DATED JANUARY 18, 1943 AND RECORDED JANUARY 22, 1943 IN BOOK 1049, OF OFFICIAL RECORDS AT PAGE 206 (FILE NO. 73385-E), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED LINE TO THE POINT OF BEGINNING.
APN: 016-270-110
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(ID # 4951) at 4/11/2022 7:00 PM City Council Regular Meeting