PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: May 16, 2022 FILE: CDP-437-22
ITEM: 4
PUBLIC NOTICE: Notice of Public Hearing was published Pacifica Tribune on May 4, 2022, and mailed to approximately 362 surrounding property owners and occupants and posted in three locations in the vicinity of the project site.
APPLICANT: Ryan Marquez, Associate Engineer
City of Pacifica, Department of Public Works
151 Milagra Drive
Pacifica, CA 94044
PROJECT LOCATION: West side of the Francisco Boulevard public right-of-way (ROW), east of 2400 Francisco Boulevard (APN 016-322-230) and approximately 32 feet north of the Clarendon Road and Francisco Boulevard intersection – West Sharp Park
PROJECT DESCRIPTION: File No.2022-012 - Establish one on-street Temporary Safe Parking Program (Program) parking space (30’ by 10’). The on-street parking space would be reserved for the use by a Program participant(s) living in an operational recreational vehicle, trailer or motorhome with operating restroom facilities for a limited period of time. Improvements include installation of signage and use of pavement markings to denote location of the Program parking space.
SITE DESIGNATIONS: General Plan/Local Coastal Land Use Plan: N/A (Public right-of-way) Zoning: C-Z (Coastal Zone Combining District)
RECOMMENDED CEQA STATUS: Class 1 Categorical Exemption, CEQA Guidelines Section 15301 “Existing Facilities”; Class 4 Categorical Exemption, CEQA Guidelines Section 15304 “Minor Alterations to Land”; and “Common Sense” exception, CEQA Guidelines Section 15061(b)(3).
ADDITIONAL REQUIRED APPROVALS: None. Subject to appeal to the City Council.
RECOMMENDED ACTION: Approve as conditioned.
PREPARED BY: Bonny O’Connor, AICP, Senior Planner
4 Packet Pg. 48
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Temporary Safe Parking Program CDP - Francisco Blvd.
May 16, 2022
PROJECT SUMMARY, RECOMMENDATION, AND FINDINGS
1. Project Background
On February 28, 2022, the City of Pacifica City Council adopted Resolution No. 12-2022 to approve a three-year Temporary Safe Parking Program (Program) in the City of Pacifica which provides up to 13 parking spaces for exclusive use by Program participants living in an operational recreational vehicle, trailer or motorhome with operating toilet facilities.1 The Program would allow temporary parking of such vehicles for a limited period of time in designated spaces that have been approved by the City Council while Program participants seek permanent housing solutions2. The resolution also authorized the City Manager to execute the Operations Agreement in substantially the form attached hereto between the City of Pacifica and the Pacifica Resource Center (PRC), which details the terms, provisions, and obligations of the PRC and City to implement the Program. The City Council also adopted Ordinance No. 873-C.S. adding a new PMC Section 4-7.1207, which, among other things, specifies various parameters for the use of Regular, Provisional, and Short-Term Permits under the Program and amended PMC Section 5-2.03 to create an exemption from the City’s 72-hour parking limitation for vehicles displaying either a valid Regular Permit or Provisional Permit under the Program.
The Program includes the establishment of one on-street Program parking space (30’ by 10’) on the west side of the Francisco Boulevard public right-of-way (ROW), east of 2400 Francisco Boulevard (APN 016- 322-230) and approximately 32 feet north of the Clarendon Road and Francisco Boulevard intersection.
Improvements, including installation of two pole signs and pavement markings, will be used to designated the area of public ROW being reserved for the Program parking spaces.
Program parking space locations both within and outside of the coastal zone include:
Location Number of Spaces
West side of Oceana Boulevard, across from City of Pacifica Public Works Dept. at 151 Milagra Avenue
4 South side of Milagra Drive, across from City of Pacifica Public Works Dept. at 151 Milagra Avenue
1 East side of Lundy Way, north of Rifle Range Road 3
West side of Bradford Way near the Sharp Park Golf Course3 2 San Pedro Avenue in the dirt ROW in front of ACE Hardware4 2 West side of Francisco Boulevard adjacent to North Coast County Water District at 2400 Francisco Boulevard (Project site)
1 1 The City Council approved the location of the Program parking spaces as part of the approval of a Settlement Agreement between the City of Pacifica and Plaintiffs, Sean Geary, Linda Miles, Jared Carr, Harry Bode, and Stephen Sanders on November 8, 2021 (Pacifica City Council Resolution No. 72-2021) 2 Pacifica City Council Resolution No. 12-2022.
3 File No. 2022-014, Coastal Development Permit CDP-439-22 4 File No. 2022-013, Coastal Development Permit CDP-438-22 4 Packet Pg. 49
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Temporary Safe Parking Program CDP - Francisco Blvd.
May 16, 2022
2. Project Description
The Project includes reserving 30’ by 10’ of public ROW for exclusive use of Program participants for a period of three years, which constitutes one space at the subject location. The City will install two pole signs adjacent to the Program parking space. An example of the proposed 12” by 18” signs is shown in Attachment B. Additionally, a 4” white thermoplastic marking will be used to outline the three non-curb sides of the designated Program parking space.
3. General Plan, Local Coastal Land Use Plan, Zoning, and Surrounding Land Uses
The Project site is not designated by the General Plan or Local Coastal Land Use Plan as the entire Project would occur within City of Pacifica ROW (Attachment C). The Project is not located in the appeal zone of the Coastal Zone. The North Coast County Water District headquarters (2400 Francisco Boulevard, APN 016-322-230) is located west of the Project, State Route 1 is located east of the Project, residential uses are located to the north of the Project site and a mix of commercial and residential uses are located to the south of the Project site along Francisco Boulevard.
4. Municipal Code and Other Development Regulations
The establishment of the Program parking space and implementation of the improvements5in the Coastal Zone meets the definition of “development” per Pacifica Municipal Code (PMC) sec. 9-
4.4302(z). Development in the Coastal Zone requires issuance of a Coastal Development Permit per PMC sec. 9-4.4303(a).
5. Required Findings
Coastal Development Permit CDP-437-22 – The Planning Commission shall grant a coastal development permit only when all of the following findings are made:
1) The proposed development is in conformity with the City’s certified Local Coastal Program.
Discussion: The City’s certified Local Coastal Program (LCP) includes the 1980 Local Coastal Land Use Plan (LCLUP) that contains policies to further the City’s coastal planning activities. Applicable policies and references in the City’s LCLUP are discussed further below:
Coastal Act Policy No. 2: Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rock coastal beaches to the first line of terrestrial vegetation.
Finding: The Program would reserve a small number of on-street parking spaces. Public access to the sea would be maintained between the Program parking space and the shoreline through the use of the existing sidewalk along the west side of Francisco Boulevard which connect to 5 Proposed signs are exempted from a sign permit per Pacifica Municipal Code (PMC) sec. 9-4.2904(s). 4 Packet Pg. 50
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Temporary Safe Parking Program CDP - Francisco Blvd.
May 16, 2022
various public access points to the sea. The Code of Conduct associated with the Program would require Program participants to keep all personal property within the participants’ vehicles and would prohibit Program participants from blocking any access to the sidewalk. Additionally, the signage proposed at the site will be located within the public ROW, but outside of the street and path of travel on the sidewalk, similar to other existing traffic and parking signage along Francisco Boulevard. Therefore, the use of the Program parking space and the signage will not obstruct or degrade physical access along Francisco Boulevard and will not impact on the public’s right of access to the sea.
The Program parking space is located approximately 0.25-miles from the Clarendon Road coastal access point (Coastal Access Point No. 9 in LCLUP). In 2019, the City hired consultants to help prepare the Sharp Park Specific Plan. As a part of this effort the consultants prepared an Existing Conditions Report, which included a parking analysis for the West Sharp Park neighborhood6.
While the block along Francisco Boulevard that would contain the Program parking space is not specifically included in the parking survey, surrounding block segments were included. The survey found that parking along the block along Francisco Boulevard immediately to the north and Clarendon Road immediately to the south of the Project were 0 to 25 percent utilized during weekday midday and weekday evenings. During the weekend midday, the block along Francisco Boulevard immediate to the north was 0 to 25 percent utilized and the block along Clarendon Road immediately to the west was 50 to 75 percent utilized. The Program would remove 30 linear feet of existing public parking along Francisco Boulevard, which is approximately 1.5 parking spaces for a standard vehicle. The beach parking lot along Beach Boulevard as well as the various streets west of the Program parking space provides significant free parking options to coastal visitors. Due to the distance of the Program parking space from the nearby coastal access point, the general availability of parking in the vicinity, and the various other available parking options closer to the nearby coastal access point, the reserved public ROW will not adversely affect coastal visitor parking and will not impact the public’s right of access to the sea.
Coastal Act Policy No. 5: Lower cost visitor and recreational facilities and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. […] Finding: The Program parking space will provide a low cost temporary housing opportunity for Program participants for a limited period of time while participants in the Program seek permanent housing solutions. Therefore, the Project would encourage and provide housing opportunities for persons of low and moderate income.
Additionally, the City’s certified Local Coastal Program includes an Implementation Plan (IP) to implement the policies contained in the LCLUP. The IP generally consists of the City’s zoning provisions and other PMC provisions relating to the regulation of development and coastal resources protection.
As noted above, the Project site is not located within an underlying zoning district. However, it is 6 Sharp Park Existing Conditions Report (December 2019), Chapter 4, Figures 4-7, 4-8, and 4-9. Available online:
https://static1.squarespace.com/static/5cafbfb565019f7d38d3fed4/t/5e30b764351c542c9b3ff5e2/158025101109 4/_Pacifica+ECR+compiled_reducedsize.pdf
4 Packet Pg. 51
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Temporary Safe Parking Program CDP - Francisco Blvd.
May 16, 2022
located within the C-Z combining district and is subject to the supplementary standards contained in PMC Title 9, Chapter 4, Article 44 applicable to development in the Coastal Zone. Because of the nature of the activity involved with parking of Program vehicles in designated spaces on the existing Francisco Boulevard public ROW, the Program would not conflict with the habitat preservation, geotechnical suitability, grading and drainage, shoreline protection, public shoreline access, coastal view corridors, growth management procedures, or neighborhood commercial district supplementary regulations.
Therefore, the Project would be in conformity with the City’s IP component of the certified LCP For all the reasons provided above, the Project is in conformity with the City’s certified Local Coastal Program.
2) Where the Coastal Development Permit is issued for any development between the nearest public road and the shoreline, the development is in conformity with the public recreation policies of Chapter 3 of the California Coastal Act.
Discussion: The Project site is not located between the nearest public road and the shoreline; therefore, this finding does not apply in this case.
6. CEQA Recommendation
Staff analysis of the proposed Project supports a Planning Commission finding that it qualifies for a categorical exemption from the California Environmental Quality Act (CEQA). The Project qualifies for Class 1 and 4 exemptions under CEQA Guidelines Sections 15301 and 15304 and the “Common Sense” exception, CEQA Guidelines Section 15061(b)(3), as described below:
15301. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. […]”
The Project includes reserving 30’ by 10’ of public ROW for the use by participants of the Program for a period of three years. The existing use of the public ROW allows for vehicle parking; therefore, the proposed use is a negligible expansion of the existing use. 15304. “Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include, but are not limited to:
[…]
(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc;” The Project includes reserving 30’ by 10’ of public ROW for the use by participants of the Program for a period of three years. The negligible temporary change of land use will have no permanent effects on 4 Packet Pg. 52
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May 16, 2022
the environment. Installation of two pole signs and pavement markings are minor alterations and do not involve removal of healthy, mature scenic trees.
Additionally, none of the exceptions applicable to a Class 1 and 4 exemptions in Section 15300.2 of the CEQA Guidelines apply, as described below.
• Sec. 15300.2(a): This exception does not apply to the Class 1 exemption. Furthermore, there is no evidence in the record that the Project would 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 cumulative projects of the same type would occur within the same place to create a significant cumulative impact. • Sec. 15300.2(c): There is no evidence that the activity would have a significant effect on the environment due to unusual circumstances.
• Sec. 15300.2(d) through (f): The Project is not proposed near an officially designated scenic highway, does not involve a current or former hazardous waste site, and, does not affect any historical resources. Therefore, the provisions of subsections (d) through (f) are not applicable to this Project.
Because the Project is consistent with the requirements for Class 1 and Class 11 exemptions and none of the exceptions to applying Class 1 and 11 exemptions in Section 15300.2 of the CEQA Guidelines apply; therefore, there is substantial evidence in the record to support a finding that the Project is categorically exempt from CEQA.
Additionally, CEQA Guidelines Section 15061(b)(3) states “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The Project includes reserving 30’ by 10’ of existing public ROW for the use by participants of the Program for a period of three years. The negligible temporary change of land use will have no permanent effects on the environment. Installation of two pole signs and pavement markings are minor alterations to the existing environment. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
7. Staff Analysis
The Project, as conditioned, would meet the necessary findings for approval of a Coastal Development Permit and would support the Program approved by City Council. 4 Packet Pg. 53
PC Staff Report
Temporary Safe Parking Program CDP - Francisco Blvd.
May 16, 2022
COMMISSION ACTION
MOTION FOR APPROVAL:
Move that the Planning Commission FINDS the Project is exempt from the California Environmental Quality Act; APPROVES Coastal Development Permit CDP-437-22 by adopting the resolution included as Attachment A to the staff report, including conditions of approval in Exhibit A to the resolution; and, incorporates all maps and testimony into the record by reference.
ATTACHMENT LIST:
Attachment A - Draft Resolution - Francisco Blvd. (DOCX) Attachment B - Permit Parking Spots Scope - Francisco Blvd. (PDF) Attachment C - Land Use and Zoning Exhibit - Francisco Blvd. (DOCX) 4 Packet Pg. 54
Not Attached Here
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