CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/9/2022
1 SUBJECT:
Consideration of an appeal of the Planning Commission's approval of Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Removal Authorization, and Recommendation for City Council approval of General Plan Amendment GPA-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21, filed by Brendan and Eamon Murphy, for construction of a three-building mixed-use project with 3,165-square feet (sf) of commercial floor area and 19 residential units, and associated condominimum subdivision, at 570 Crespi Drive (APN 022-162-310) and a portion of 540 Crespi Drive (APN 022-162-420). Recommended California Environmental Quality Act (CEQA) Status:
Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act (File No. 2016-004).
RECOMMENDED ACTION:
Open the public hearing, take any public comment, and move to continue the public hearing to a date specific of June 13, 2022.
STAFF CONTACT:
Christian Murdock, AICP, Acting Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The following section provides the relevant background of the project as well as discussion of the appeal and recommendation for a continuance.
A. BACKGROUND
Brendan and Eamon Murphy (“Applicant”) have submitted an application for construction of a 43,696-square foot (sf) mixed-use development including one two-story mixed-use building with three residential units and 3,165 sf of commercial space, two three-story residential buildings behind the street-facing mixed-use building consisting of 16 townhouse residential units; construction of a freestanding sign; merger of two parcels located at 540 and 570 Crespi Drive (APNs 022-162-420 and 022-162-310); removal of three heritage trees; a condominium subdivision; construction of off-site parking, circulation and landscaping improvements at 540 Crespi Drive (the Pacifica Community Center); construction of a wetlands interpretive sign; a development agreement with certain public and developer benefits; a General Plan amendment to revise the “Commercial” land use designation; a zoning text amendment to revise the list of conditional uses in the C-2 (Community Commercial) zoning district; and a rezoning to change the zoning classification to the C-2 zoning district (“Project”).
The proposed General Plan amendment and zoning text amendment would have city-wide applicability and allow residential uses to be established either in the same building as a commercial use above the ground floor or in residential-only buildings on a site that also Pacifica City Council 2
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contains a commercial use (horizontal mixed-use) with approval of a use permit. The proposed rezoning would change the project site from the M-1 (Controlled Manufacturing) zoning district to the C-2 (Community Commercial) zoning district.
On March 7, 2022, the Planning Commission adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention to approve Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Removal Authorization to approve the Project, and to initiate and recommend City Council approval of Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21 necessary to enable construction of the Project. The Planning Commission also adopted an Initial Study/Mitigated Negative Declaration (“IS/MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Project to comply with the California Environmental Quality Act (“CEQA”).
B. APPEAL OF PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT PSD-811-16, USE PERMIT UP-76-16, TENTATIVE SUBDIVISION MAP SUB-233-16, SIGN PERMIT S-129-19, PARKING EXCEPTION PE-183-19, AND HERITAGE TREE REMOVAL
AUTHORIZATION AND RECOMMENDATION FOR CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT GPA-96-19, REZONING RZ-194-16, ZONING TEXT AMENDMENT TA-116-19, AND DEVELOPMENT AGREEMENT DA-4-21
On March 17, 2022, Margaret Goodale (hereafter “Appellant”) submitted a City of Pacifica Appeal Form stating several grounds for appeal (“Appeal”), and submitted the applicable fee to the City Clerk’s office, to appeal the Planning Commission’s approval of the Project (Attachment A). The Appellant has stated as grounds for appeal that the approvals violate the City of Pacifica Municipal Code, Housing Element, Below Market Rate (Inclusionary) Program, Heritage Tree Ordinance, the California Environmental Quality Act (“CEQA”) and CEQA Guidelines; that the Project violates the 1980 General Plan; and that the City’s General Plan is fatally flawed and internally inconsistent.
C. APPLICANT’S PROJECT REVISION
Following filing of the Appeal, staff received a revision to the Project plans from the Applicant on April 11, 2022, that would relocate an emergency stormwater overflow inlet and pipe (“Emergency Stormwater Overflow System”) proposed at the southern end of the Project site to a different location near the southwestern corner of the site which would remove the Project from the jurisdictional wetlands. The Emergency Stormwater Overflow System was originally proposed in an area delineated as waters of the United States and/or waters of the State (i.e., jurisdictional wetlands) in the Project plans reviewed and approved by the Planning Commission. Because of potential impacts to these jurisdictional wetlands, the IS/MND prepared by the City included a mitigation measure to reduce the impacts to less than significant levels.
The Project revision submitted by the Applicant would result in all Project components being located outside jurisdictional wetlands based on an updated, focused jurisdictional wetlands delineation (“Updated Wetlands Delineation”) of the southwest corner of the site. Due to the Applicant’s submittal of new information following preparation of the IS/MND and Planning Commission review and approval of the Project, staff engaged the City’s CEQA consultant to prepare a peer review of the Updated Wetlands Delineation. Staff’s review of the Updated Wetlands Delineation and Applicant’s responses thereto are ongoing and will require additional time to complete.
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D. CITY COUNCIL’S ROLE IN THE APPEAL PROCESS
Pursuant to Pacifica Municipal Code (“PMC”) section 9-4.3208, after considering an appeal, the Council may approve, deny or modify the decision of the Planning Commission, or refer the matter back to the Planning Commission for reconsideration. PMC section 9-4.3603 provides that the City Council shall render its decision within 60 days after filing of an appeal. The last regular meeting of the City Council within the 60-day timeframe provided in the PMC to consider the Appeal is the May 9 City Council meeting.
E. CONSIDERATION OF THE APPEAL AND CONTINUANCE
As noted above, review of the Updated Wetlands Delineation is ongoing. Until the review is finished, staff cannot provide an assessment and recommendation on the Project revision for City Council consideration as part of the Appeal. Therefore, staff recommends that the City Council opens the public hearing, allows public comments, and then continues the public hearing until June 13, 2022, when the review is complete.
ALTERNATIVE ACTION:
The City Council may move to continue the appeal hearing to a different date, or refer the Project back to the Planning Commission for reconsideration.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The proposed project is not directly associated with an item on the City Council’s Work Plan. It is the City Council’s normal governance process to hear and determine appeals of Planning Commission actions under the PMC.
FISCAL IMPACT:
No direct impact since all costs would be borne by the project Applicant.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Appeal Form (PDF)