ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING REZONING RZ-194-16, ZONING TEXT AMENDMENT TA-116-19, AND DEVELOPMENT AGREEMENT DA-4-21 TO REZONE PROPERTY TO THE C2 (COMMUNITY COMMERCIAL) ZONING DISTRICT, TO ADD CERTAIN RESIDENTIAL USES AS CONDITIONALLY PERMITTED USES IN THE C-2 (COMMUNITY COMMERCIAL) ZONING DISTRICT; AND TO APPROVE A
DEVELOPMENT AGREEMENT WITH CERTAIN PUBLIC AND PRIVATE
BENEFITS INCLUDING OFF-SITE IMPROVEMENTS, TO ALLOW
CONSTRUCTION OF A MIXED-USE COMMERCIAL AND RESIDENTIAL
PROJECT CONSISITING OF 3,165 SQUARE FEET OF COMMERCIAL AREA AND 19 RESIDENTIAL CONDOMINIUMS AT 570 CRESPI DRIVE (APN 022-162-310) AND A PORTION OF 540 CRESPI DRIVE (APN 022-162-420).
WHEREAS, an application has been submitted 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 five heritage trees; a condominium subdivision; construction of off-site parking, circulation and landscaping improvements at 540 Crespi Drive; 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 to allow additional configurations of residential development on a commercial site; a zoning text amendment to revise the list of conditional uses in the C-2 (Community Commercial) zoning district to allow additional configurations of residential development; and a rezoning to change the zoning classification to the C-2 zoning district (“Project”)(File No. 2016-004); and WHEREAS, the Planning Commission held a duly noticed public hearing on Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21 (“Legislative Items”) on March 7, 2022, and adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention initiating and recommending City Council approval of the Legislative Items, and also approving ; and approving 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
WHEREAS, a timely appeal of the Planning Commission’s adoption of Resolution No. 2022-006 was filed on March 17, 2022 (“Appeal”); and
WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on the Appeal on June 27, 2022, and adopted Resolution No. ___________, incorporated herein by reference, on the same date to deny the appeal and uphold the Planning Commission’s adoption of Resolution No. 2022-006, to adopt a mitigated negative declaration (“MND”) and mitigation monitoring and reporting program (“MMRP”) (State Clearinghouse No. 2021120126) to comply with the California Environmental Quality Act (“CEQA”), and to approve General Plan Amendment GPA96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, Development Agreement DA-4- 21, Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Removal Authorization.
NOW, THEREFORE, based on the staff report and other written materials, and all oral and written testimony, the City Council of the City of Pacifica does hereby 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. Findings for denial of the Appeal set forth in Resolution No. ____ are hereby incorporated herein by reference. Specific findings of fact for approval of the Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21 are contained in City Council Resolution No. ____ adopted on June 27, 2022, including without limitation findings related to the consistency of the Project with the General Plan, and the City Council incorporatesthe findings herein by reference.
SECTION 3. CEQA Compliance. The City Council adopted Resolution No. ________ on June 27, 2022, certifying that the IS/MND for the Project had been prepared in accordance and full compliance with CEQA, had been made available and circulated via the State Clearinghouse (SCH #2021120126) for review and comment by interested members of the public and relevant agencies as required by law, and had been presented to and reviewed and considered by this City Council prior to the Council’s decision on the Project. Therefore, the City Council does hereby find that on the basis of the whole record before it (including the IS/MND and comments received thereon), that there is no substantial evidence that the Project, as revised and conditioned, will have a significant effect on the environment and the Council’s adoption of the IS/MND entitled “570 Crespi Drive Project Initial Study” dated December 2021, and its adoption of the MMRP dated January 2022 and included as an exhibit to Resolution No. ________, constitute the valid environmental review for this Project and fulfill the Council’s obligations under CEQA pursuant to adoption of this Ordinance. The IS/MND and MMRP are herein incorporated into this Ordinance by reference. The custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Planning Department of the City of Pacifica, 540 Crespi Drive, Pacifica, CA 94044.
SECTION 4. Reclassification. Rezoning RZ-194-16 is hereby approved to amend Section Map 23 of the Zoning Map of the City of Pacifica, as described in Section 9-4.302 of the Pacifica Municipal Code, to reclassify the Project site to the C-2 (Community Commercial) zoning district as depicted in Exhibit 1 to this Ordinance. The specific area affected by this zoning reclassification is more particularly described in the legal description included as Exhibit 2 to this Ordinance.
SECTION 5. Amendment. Zoning Text Amendment TA-116-19 is hereby approved to amend Section 9-4.1101(b) of the Pacifica Municipal Code (“PMC”) to add a new subsection (11) to create a new conditional use in the C-2 zoning district, as follows:
“(11) One or more dwelling units on the same lot or parcel as a commercial use when the residential use is either located in the same building as the commercial use above the ground floor (vertical mixed use) or in other locations on the same lot or parcel (horizontal mixed use).” SECTION 6. Approval. Development Agreement DA-4-21 is hereby approved in substantially similar form as attached hereto and incorporated herein as Exhibit 3, with minor technical, nonsubstantive revisions as may be approved by the City Manager in consultation with the City Attorney.
The City Manager is hereby authorized and directed to execute documents and take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate the terms of the Development Agreement.
SECTION 7. Severability. If any section, subsection, sentence, clause or phase of this Ordinance is for any reason 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, sentence, clauses or phrases be declared unconstitutional.
SECTION 8. 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 published in a newspaper of general circulation in accordance with State law.
SECTION 9. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. * * * * *
PASSED AND ADOPTED this ______ day of __________ , 2022 by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_____________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney EXHIBIT 1
REZONING RZ-194-16
ZONING SECTION MAP
EXHIBIT 2
LEGAL DESCRIPTION
The land referred to is situated in the County of San Mateo, City of Pacifica, State of California, and is described as follows:
Portion of Lot 1, as shown on the Map of the Southerly Regan Tract in San Pedro Ranch, filed in the Office of the Recorder of San Mateo County, State of California on November 9, 1872 in Book 1 of Maps at Page 26 and a copy entered in Book 19 of Maps at Page 16 and being more particularly described as:
Beginning at a point on the Southwesterly line of that certain 60 foot strip or parcel of land, described in deed from the Hibernia Savings and Loan Society, a Corporation, to County of San Mateo, a political subdivision of the State of California, dated November 3, 1939 and Recorded July 18, 1941 in Book 980 of Official Records of San Mateo County at Page 1, distant thereon 446.93 feet Southeasterly from the point of intersection thereof with the Southeasterly line of the State Highway, Route 56, Section D, San Mateo County, extended Northwesterly; thence along the Southwesterly line of said land so conveyed to the County of San Mateo, South 53° 01’ East 80.16 feet; thence leaving said last mentioned line, South 40° 16’ West 535.43 feet, to the Southwesterly line of that certain 173.2 Acre tract of land described in deed from the Hibernia Savings and Loan Society, a corporation, to Egidio Maracci, dated August 1, 1941 and Recorded August 19, 1941 in Book 982 of Official Records of San Mateo County at Page 55; thence along said last mentioned line, North 65° 26’ West 83.13 feet; thence North 40° 16’ East 553.33 feet to the point of beginning.
EXCEPTING THEREFROM that portion as described in deed from Ejnar Christensen and Eva Christensen, his wife to The City of Pacifica, a municipal corporation in the State of California Recorded October 2, 1964 as Instrument No. 71999X in Book 4809 at Page 452 of Official Records.
APN: 022-162-310; and
Beginning at a point on the southwesterly line of that certain 60-foot strip or parcel of land described in the deed from the Hibernia Savings and Loan Society, a corporation, to County of San Mateo, a political subdivision of the State of California, dated November 3, 1939 and recorded July 18, 1941, in Book 980 of Official Records of San Mateo County, at Page 1; distant thereon 391.93 feet southeasterly from the point of intersection thereof with the southeasterly line of the State Highway, Route 56, Section D, San Mateo County, California, extended northwesterly; thence along the southwesterly line of said land so conveyed to County of San Mateo, south 53° 01' east, 55 feet; thence leaving said last mentioned line, south 40° 16' west, 553.33 feet to the southwesterly line of that certain 173.2 acre tract of land described in the deed from the Hibernia Savings and Loan Society, a corporation, to Egidio Maracci, dated August 1, 1941 and recorded August 19, 1941, in Book 982 of Official Records of San Mateo County, at Page 55; thence along said last mentioned line, north 65° 26' west, 57.03 feet; and thence north 40° 16' east, 565.61 feet to the point of beginning. Being a portion of Lot 1, as shown on that certain map entitled, "Map of the Southerly Regan Tract on San Pedro Ranch", which map was filed in the Office of the Recorder of the County of San Mateo, State of California, on November 9, 1872, in Book 1 of Maps, at Page 26, and a copy entered in Book 19 of Maps, at Page 16. Excepting therefrom said land conveyed to the City of Pacifica, recorded February 11, 1970, Book 6747, Page 677, under Recorder's Serial No. 98675-AC Official Records.
APN: 022-162-420
EXHIBIT 3
DEVELOPMENT AGREEMENT DA-4-21