CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/10/2023
1 SUBJECT:
Rescission of City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017 for the Vista Mar Development Project located on the east side of Monterey Road approximately 250 feet southeast of the Monterey Road and Hickey Boulevard intersection (APN 009-381-010).
RECOMMENDED ACTION:
Move to adopt a Resolution to rescind, set aside and deem null and void City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017, which adopted the Initial Study/Mitigated Negative Declaration (“IS/MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) and approved Site Development Permit PSD-714-02, Use Permit UP-904- 02, Tentative Subdivision Map SUB-204-02, Heritage Tree Removal Authorization and Logging Operation Approval (File No. 2002-001) for a residential development on an approximately 53,000-SF (1.217 Acres) undeveloped lot on the east side of Monterey Road and Hickey Boulevard Intersection (APN 009-381-010) known as the “Vista Mar Project.” STAFF CONTACT:
Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
Christian Murdock, AICP, Planning Director
[email protected]
BACKGROUND:
On May 9, 2002, Javier Chavarria, on behalf of the then property owner Vistamar Development, filed an application for a residential development project at 503-511 Monterey Road (APN 009- 381-010) (“Property”). Chavarria and Vistamar Development proposed a residential development project on the Property which, after various revisions, included a total of eight dwelling units, including four (4) separate buildings each containing two (2) side-by-side, threestory townhomes (“Vista Mar Project” or “Project”). The Vista Mar Project also included the removal of heritage trees and non-heritage trees. The Project required the following entitlements: Site Development Permit; Use Permit; Tentative Subdivision Map; Heritage Tree Removal Authorization; and Authorization for Logging Operations. The City prepared an IS/MND and an MMRP for the Vista Mar Project.
The Planning Commission discussed and considered the Project at meetings on August 3, 2020 and October 19, 2020. At the October 19, 2020 public hearing, the Planning Commission adopted Resolution No. 2020-017 adopting an IS/MND and MMRP as clarified in the Response to Comments and Errata and approving Site Development Permit PSD-714-02; Use Permit UP904-02; Tentative Subdivision Map SUB-204-02, Heritage Tree Removal Authorization, and Logging Operation Approval (Attachment B).
Pacifica City Council 2
April 10, 2023
Two appeals of the Planning Commission’s Project approval were filed within the 10-day appeal period: the first appeal, filed by the Vista Mar Preservation Alliance on October 27, 2020, and the second appeal, filed by Kristin Cramer on October 28, 2020.
The City Council held a public hearing to consider the appeals on November 23, 2020, and adopted Resolution No. 70-2020, “A Resolution of the City Council of the City of Pacifica Denying the Appeals and Upholding the Planning Commission’s Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program Pursuant to the California Environmental Quality Act (“CEQA”) and Approval of Site Development Permit PSD-714-02, Use Permit UP-904-02, Tentative Subdivision Map SUB-204-02, Heritage Tree Removal Authorization, and Logging Operation Approval (File No. 2002-001), subject to Conditions, for Construction of Four New Townhouse Duplex Buildings (Total of Eight Dwelling Units), and Associated Subdivision of Airspace for Condominium Purposes, on an Approximately 53,000- SF 1.27 Acres) Undeveloped Lot on the East Side of Monterey Road Approximately 250 feet Southeast of the Monterey Road and Hickey Boulevard Intersection (APN 009-381-010)”. (Attachment C).
ANALYSIS:
On December 21, 2020, an unincorporated association calling itself the Coalition of Pacificans for an Updated Plan and Kristin Cramer (“Petitioners”) filed a Petition for Writ of Mandate (“Petition”) in the Superior Court of San Mateo County (Civil Case No. 20-CIV-05719) to challenge the City Council’s action approving the Vista Mar Project, alleging violations of CEQA and State General Plan Laws. In a June 20, 2022 order, the Superior Court ruled in favor of Petitioners on portions of their CEQA claim and thereafter issued a Peremptory Writ of Mandate (“Writ”) on December 20, 2022. The Writ, among other things, ordered the City to set aside and deem null and void City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017 and to refrain from re-approving the Vista Mar Project unless and until it has conducted additional CEQA review consistent with the Court’s decision.
In order to comply with the Writ, staff has prepared the attached draft Resolution rescinding City Council Resolution No. 70-2020 and Planning Commission Resolution No. 2020-017, which is referenced within Resolution No. 70-2020. The Planning Commission will formally rescind Planning Commission Resolution No. 2020-017 at a Planning Commission meeting on April 17, 2023.
FISCAL IMPACT:
There is no fiscal impact to the City as a result of the recission of the Resolutions.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Resolution to Rescind Vista Mar Project Approvals (DOCX) Attachment B - Planning Commission Resolution No. 2020-017 (PDF) Attachment C - City Council Resolution No. 70-2020 (PDF)