CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/14/2022
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 S129-19, 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 condominium subdivision, at 570 Crespi Drive (APN 022-162-310) and a portion of 540 Crespi Drive (APN 022-162-420). 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 contains a commercial use (horizontal mixed-use) with approval of a use permit.
Recommended California Environmental Quality Act (CEQA) Status: Provide direction to prepare an environmental impact report (EIR) in accordance with the California Environmental Quality Act (File No. 2016-004).
RECOMMENDED ACTION:
Move to adopt the attached Resolution to refer the subject project back to the Planning Commission for reconsideration following the preparation of an environmental impact report (EIR) as provided in PMC section 9-4.3208(b)(2).
STAFF CONTACT:
Christian Murdock, AICP, 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.
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 five 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 Pacifica City Council 2
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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”).
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 (collectively the “Development Permits”; to recommend City Council approval of General Plan Amendment GPA-96-19; 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 (collectively the “Legislative Items”).
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”). The City received no public comments on the IS/MND during the public comment period; therefore, the City has not prepared a response to comments document.
B. APPEAL OF PLANNING COMMISSION ACTION
On March 17, 2022, Margaret Goodale (hereafter “Appellant”) submitted a City of Pacifica Appeal Form stating several bases 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 B). Appellant stated a number of reasons for the Appeal in the Appeal Form. The Appellant has expressed opposition to approval of the Project and adoption of the IS/MND prepared for the Project to comply with the California Environmental Quality Act (“CEQA”).
The City Council was first scheduled to hear the Appeal on May 9, 2022. However, prior to the hearing, the Applicant submitted a project revision to relocate an emergency stormwater overflow inlet and pipe that required further analysis of potential wetlands impacts from the Project. As a result, the City Council continued the public hearing to June 27, 2022.
Following publication of the agenda packet for the June 27 continued public hearing, the Appellant submitted a memorandum prepared by a coastal ecologist and botanist on June 24, 2022, that described potential impacts to the California red-legged frog (CRLF) that could result from the Project and alleging that the IS/MND prepared by the City did not adequately assess the potential for occurrence of CRLF on the Project site. The City was unable to consider the new information submitted by the Appellant prior to the June 27 public hearing and, as a result, the City Council continued the public hearing to a date to be determined following completion of the City’s analysis.
C. APPLICANT DECISION TO CONDUCT FURTHER ENVIRONMENTAL REVIEW The Applicant has considered its options to proceed with City consideration of the Project and has requested the City to prepare an environmental impact report (EIR) pursuant to the California Environmental Quality Act (CEQA). Preparation of an EIR will require several months and must also be considered by the Planning Commission prior to City Council action on the Project. Accordingly, as a result of Applicant’s request, the Project should be referred back to the Planning Commission.
D. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
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November 14, 2022
As noted above, the Applicant has requested the City to prepare an EIR to comply with CEQA.
The EIR will be presented to the Planning Commission and City Council for certification prior to their respective future actions on the Project.
E. PUBLIC COMMENT
Public comments received prior to agenda packet publication are included as Attachment C.
ALTERNATIVE ACTION:
Staff has not identified an alternative action because an EIR must be prepared before the City Council can act on the Project.
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 Pacifica Municipal Code.
FISCAL IMPACT:
No direct impact since all costs would be borne by the project Applicant.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Resolution to Refer the Project Back to the Planning Commission (DOCX)
Attachment B - Appeal Form (PDF)
Attachment C - Public Comments (PDF)