CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/28/2022
1 SUBJECT:
Adoption of a Resolution to approve General Plan Amendment GPA-100-21 to change the General Plan land use designation from Low Density Residential to Very Low Density Residential, and introduction 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. The Planning Commission recommended approval of the Resolution and Ordinance, and approved Specific Plan SP-169- 18, Variance PV-526-18, and Parking Exception PE-191-21 for construction of a 2,406-square foot (sf) single-family residence with a two-car garage on the 24,149-sf undeveloped parcel, by a vote of 7-0 on January 18, 2022.
RECOMMENDED ACTION:
Move to adopt a Resolution to approve General Plan Amendment GPA-100-21 and to introduce, waive the first reading, and read by title only, 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, Deputy Director of Planning
(650) 738-7341
[email protected]
SUMMARY
Planning Department staff initially provided public notice of a public hearing on this item for March 14, 2022. However, the City Council did not conduct the public hearing on that date and continued the public hearing to the present meeting.
Staff is requesting City Council 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. The following discussion summarizes the City’s proceedings on this application at the Planning Commission prior to consideration by the City Council.
BACKGROUND/DISCUSSION:
1. Overview
The Planning Commission conducted public hearings on the proposed project on August 2, 2021, and January 18, 2022. At the January 18, 2022, public hearing, the Planning Commission voted 7-0 to approve Specific Plan SP-169-18, Variance PV-526-18, and Parking Exception PE-191-21 (“Development Permits”), and to recommend City Council approval of Pacifica City Council 2
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General Plan Amendment GPA-100-21, Rezoning RZ-201-18, and Development Plan DP-79-18 (“Legislative Approvals”) by adopting Resolution No. 2022-001 (Attachment C). The Planning Commission agenda packet from January 18, 2022, is included as Attachment D (also includes agenda materials from August 2, 2021)1. The minutes from the Planning Commission hearings on August 2, 2021, and January 18, 2022, are included as Attachment E and Attachment F, respectively.
2. Project Description
As more fully detailed in the Planning Commission reference materials, the proposed project consists of construction of one single-family residence with 2,406 square feet (sf) of floor area on a 24,149-sf undeveloped parcel. The proposed project required Planning Commission approval of a specific plan and now requires City Council approval of a rezoning and development plan pursuant to the City’s Hillside Preservation District (HPD) zoning standards in Pacifica Municipal Code (PMC) Title 9, Chapter 4, Article 22.5. The project additionally required Planning Commission approval of a variance from HPD coverage standards because the site’s slope yielded no allowable coverage under the formula provided in PMC section 9-4.2257, and also required approval of a parking exception and variance because it would not provide the guest parking space required by the HPD off-street parking regulations in PMC Title 9, Chapter 4, Articles 22.5 and 28.
The project requires City Council approval of a General Plan amendment because the existing Low Density Residential (LDR) land use designation, which allows three to nine dwelling units per acre, would require construction of at least two dwelling units based on the project site’s size (approximately 0.554 acres).2 Because the project applicant only has interest in constructing one dwelling unit on the project site, the General Plan amendment is required to enable development of the proposed housing unit.
3. Existing General Plan, Zoning, and Surrounding Uses
A. Surrounding Uses
The project site is located at the eastern terminus of Talbot Avenue as shown in Figure 1. The approximately 470-foot length of Talbot Avenue immediately west of the project site is a private street with access rights provided by easement to the project site. The City of Pacifica previously vacated this segment of Talbot Avenue.
1 The project plans are included as Attachment E of Attachment D to this staff report. Except, however, that the Planning Commission approval excluded the guest parking space shown in the front yard of the project plans.
2 0.554 acres X 3 DU per acre = 1.662 DU = 2 DU minimum. Pursuant to PMC section 9-4.2312, fraction numbers derived from density calculations shall be rounded up to the next whole number for fractions from 0.5 through 0.9.
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Figure 1 – Project Vicinity, Looking East
Lands immediately to the north and east of the site are undeveloped. A single-family residence is located to the south of the site. Additional single-family residential development exists to the west of the project site along the south side of Talbot Avenue.
The general vicinity of the project site is characterized by one- to two-story single-family residential development toward the west along Talbot Avenue and on lower ground toward the northwest along Canyon Drive. Milagra Ridge Trail is located to the northeast of the project site on Golden Gate National Recreation Area property.
B. General Plan
The General Plan designation for the site is Low Density Residential (LDR) as shown in Figure
2. The LDR land use designation permits residential development at an average density of three to nine units per acre (an average lot area of 4,840-14,520 square feet per unit). The proposed single-family residence on a 24,149 square foot (sq. ft.) parcel is consistent with the use type but not the density of allowable development within the LDR land use designation.
Therefore, a General Plan Amendment is needed to change the land use designation to the Very Low Density Residential (VLDR) land use designation. The VLDR land use designation permits residential development at an average density of 0.2 to 2.0 units per acre (an average lot area of one-half to five acres per dwelling unit).
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Figure 2 – Existing General Plan Land Use Designations in Project Vicinity C. Zoning
The project site is currently located within the R-1/B-4/HPD (Single-Family Residential/B-Lot Size Overlay/Hillside Preservation District) zoning districts (Figure 3). In accordance with PMC section 9-4.2256, which addresses development procedures and standards in the HPD overlay district, the development proposal would require a zoning reclassification to a P-D (Planned Development) district and simultaneous approval of a Development Plan, which sets forth permitted uses within the P-D zoned area. The rezoning would not change the HPD zoning of the site and the resulting zoning classification would be P-D/HPD.
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In accordance with PMC section 9-4.2204(b), the regulations for area, coverage, density, yards, parking, height, and open ground area within the P-D zoning district shall be guided by the regulations of the residential, commercial, or industrial zoning district most similar in nature and function to the proposed project type. In this case, the existing R-1/B-4 lot size overlay zoning reflects the residential zoning district most similar in nature and function to the proposed singlefamily residence, primarily based on the project’s proposal for a single-family residential use consistent with the R-1 zoning, and the project site’s 24,149-sf lot size which is consistent with the 20,000 sf minimum lot size within the B-4 lot size overlay development standards in PMC Title 9, Chapter 4, Article 20.
4. City Council’s Role
The Planning Commission has reviewed and approved the Development Permits required for construction of the proposed project. Because no appeal was filed to challenge the Planning Commission’s action, approval of the Development Permits is final. The Development Permits will take effect and allow construction of the proposed project only if the City Council approves the Legislative Approvals, which include a proposed General Plan amendment, rezoning, and development plan pursuant to the P-D zoning provisions in PMC Title 9, Chapter 4, Article 22.
The Planning Commission has recommended approval of the Legislative Approvals.
The City Council in its capacity as the legislative body of the City and in the exercise of its police power under the California Constitution is required to approve legislative actions on behalf of the City. The City Council is not bound by specific findings when approving legislative items, and may consider all information relevant to the public health, safety, and welfare of persons within the City.
Prior to adopting any legislative item, the City Council must comply with the California Environmental Quality Act (CEQA). Compliance with CEQA requires the identification of potential significant impacts on the environment and identification of measures to mitigate any such effects. Discussion of CEQA compliance for the proposed Legislative Approvals is contained in the following section of this report.
5. California Environmental Quality Act (CEQA) Status
Figure 3 – Existing Zoning Classifications in Project Vicinity Pacifica City Council 6
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If the City Council approves the requested Legislative Approvals, they would enable the development of one single-family residence on the project site. A project to construct one single-family residence is exempt from CEQA pursuant to a Class 3 categorical exemption as provided in CEQA Guidelines Section 15303(a). Section 15303 states in pertinent part:
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
The subject proposal to construct one single-family residence fits within the scope of a Class 3 categorical exemption. 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.
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.
6. Public Comments
Written public comments received during the Planning Commission’s review process are included as Attachment G. Verbal public comments from the public hearings conducted by the Planning Commission are summarized in Attachments E and F. The City also received one written public comment during consideration of continuance of the public hearing on March 14, 2022, included as Attachment H.
7. Staff Analysis and Recommendation
Approval of the Legislative Approvals would enable the construction of one single-family residence on an existing undeveloped lot. The Planning Commission, over the course of two public hearings, thoroughly considered issues relevant to the project including but not limited to Pacifica City Council 7
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aesthetics, views from adjacent public lands, HPD coverage, and the requested variances and parking exception. The Planning Commission voted unanimously to approve the Development Permits and to recommend City Council approval of the Legislative Approvals. Therefore, staff recommends that the City Council act in the manner recommended by the Planning Commission and approve General Plan Amendment GPA-100-21, Rezoning RZ-201-18, and Development Plan DP-79-18.
ALTERNATIVE ACTION:
The Council may deny the requested Legislative Approvals, which would have the effect of denying the overall project including the Development Permits approved by the Planning Commission.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Review of the proposed resolution and 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 - Draft Resolution Approving General Plan Amendment (DOCX) Attachment B - Draft Ordinance Approving Rezoning and Development Plan (DOCX) Attachment C - Planning Commission Resolution No. 2022-001 (PDF) Attachment D - Planning Commission Agenda Packet - January 18, 2022 (omitting Attachments A and C) (PDF)
Attachment E - Planning Commission Minutes - August 2, 2021 (PDF) Attachment F - Planning Commission Minutes - January 18, 2022 (PDF) Attachment G - Public comments through Planning Commission phase (PDF) Attachment H - Public Comment Received at City Council Meeting - March 14, 2022 (PDF)