BEGINNING at the northerly corner of said parcel described in said Resolution No. 960; Thence southwesterly along the southeasterly line of said parcel, South 20°29’17” West, 281.03 feet; Thence leaving said southeasterly line, North 69°30’43” West, 49.64 feet; Thence North 45°00’00” West, 233.44 feet;
Thence North 45°00’00” East, 7.50 feet;
Thence North 45°00’00” West, 204.53 feet to the beginning of a tangent curve to the left; Thence along said curve, having a radius of 10.00 feet, through a central angle of 90°00’00”, for an arc length of 15.71 feet;
Thence South 45°00’00” West, 65.58 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 24.00 feet, through a central angle of 131°35’57”, for an arc length of 55.12 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, said point also being on the northwesterly line of said Lot 22, as shown on said map; Thence northwesterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lots 22, 23, 37, 38, & 45, the following three (3) courses:
1) North 45°00’00” East, 232.34 feet to the beginning of a tangent curve to the right; 2) Along said curve, having a radius of 638.00 feet, through a central angle of 11°49’00”, for an arc length of 131.58 feet to the beginning of a reverse curve to the left; 3) Along said curve, having a radius of 1632.00 feet, through a central angle of 03°31’08”, for an arc length of 100.23 feet;
Thence leaving said line, South 36°42’08” East, 14.84 feet to the beginning of a tangent curve to the left; Thence along said curve, having a radius of 60.00 feet, through a central angle of 36°01’54”, for an arc length of 37.73 feet;
Thence South 72°44’01” East, 39.36 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 60.00 feet, through a central angle of 27°41’10”, for an arc length of 28.99 feet;
Thence South 45°02’52” East, 109.32 feet;
Thence North 44°57’08” East, 145.00 feet;
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Packet Pg. 183 Attachment: Attachment A: Ordinance 889-C.S. Approving Rezoning and Development Plan (5341 : Ordinance Adoption - Pacifica School Pacifica School District Workforce Housing Project
File No. 2020-009: 930 Oddstad Blvd. (APN 023-672-600)
Thence South 46°45’00” East, 153.84 feet to the southeasterly line of said Lot D; Thence along said southeasterly line, South 43°15’00” West, 278.59 feet to the POINT OF BEGINNING.
Containing 204,273 square feet or 4.69 acres, more or less.
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Packet Pg. 184 Attachment: Attachment A: Ordinance 889-C.S. Approving Rezoning and Development Plan (5341 : Ordinance Adoption - Pacifica School Pacifica School District Workforce Housing Project
File No. 2020-009: 930 Oddstad Blvd. (APN 023-672-600)
Lot 3
All that certain real property situate in the City of Pacifica, County of San Mateo, State of California, being all of Lots 46 and 47, inclusive, Lots 50-53, inclusive, Lot 56 and Big Bend Court, Block 6, and being a portion of Lots 43-45, Lots 48 and 49 and Lot D, block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, being more particularly described as follows:
BEGINNING at the easterly corner of said Lot D, as shown on said map; Thence southwesterly along the southeasterly line of said Lot D, South 43°15’00” West, 245.53 feet; Thence leaving said line, North 46°45’00” West, 153.84 feet; Thence South 44°57’08” West, 145.00 feet;
Thence North 45°02’52” West, 109.32 feet to the beginning of a tangent curve to the left; Thence along said curve, having a radius of 60.00 feet, through a central angle of 27°41’10”, for an arc length of 28.99 feet;
Thence North 72°44’01” West, 39.36 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 60.00 feet, through a central angle of 36°01’54”, for an arc length of 37.73 feet;
Thence North 36°42’08” West, 14.84 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, said point also being on the northwesterly line of said Lot 45, as shown on said map, said point also being the beginning of a non-tangent curve to the left, whose radius point bears North 36°42’08” West; Thence northwesterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lots 45, 46, 51-53, and along said curve, having a radius of 1632.00 feet, through a central angle of 14°27’00”, for an arc length of 411.59 feet to the northerly corner of said Lot 53; Thence leaving said southeasterly right-of-way line, and along the northeasterly line of said Lots 53, 56 and D, the following three (3) courses:
1) South 51°09’07” East, 144.95 feet;
2) South 41°19’17” East, 57.78 feet;
3) South 45°49’00” East, 160.00 feet to the POINT OF BEGINNING.
Containing 121,203 square feet or 2.78 acres, more or less.
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Packet Pg. 185 Attachment: Attachment A: Ordinance 889-C.S. Approving Rezoning and Development Plan (5341 : Ordinance Adoption - Pacifica School 1 ORDINANCE NO. 890-C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING DEVELOPMENT AGREEMENT DA-3-20 TO APPROVE AND AUTHORIZE A
DEVELOPMENT AGREEMENT BETWEEN THE PACIFICA SCHOOL DISTRICT AND
CITY OF PACIFICA TO PROVIDE CERTAIN PUBLIC AND PRIVATE BENEFITS IN CONJUNCTION WITH A DEVELOPMENT PROJECT AT 930 ODDSTAD BOULEVARD (APN 023-672-600) (FILE NO. 2020-009).
WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, the City Council of the City of Pacifica adopted Ord. 837-C.S., establishing Article 50 of Chapter 4, Title 9, authorizing the execution of development agreements and setting forth the procedures for approving development agreements; and
WHEREAS, the Pacifica School District owns certain real property known as the former Oddstad Elementary School located at 930 Oddstad Boulevard (APN 023-672-600) (“Property”); and WHEREAS, the Pacifica School District (“Developer”) has submitted an application for construction of a 70-unit residential development including a property management office, residents’ commons building, and public restroom/changing facilities located at 930 Oddstad Boulevard (APN 023-672-600); removal of three heritage trees; a division of land into three individual lots; a development agreement with certain public and developer benefits, including use of playing fields; a rezoning to change the zoning classification to the P-D Planned Development District; and a Development Plan and a Specific Plan to insure the proper orientation, design character and compatibility of the construction of 70 residential units across seven buildings, a property management office, residents’ commons, and public restroom and changing facility (“Project”); and
WHEREAS, the City Council of the City of Pacifica adopted Resolution No. 39-2023 on April 24, 2023, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations for the Project (State Clearinghouse No. 2021100457); and
WHEREAS, the proposed development agreement would incorporate certain public benefits and developer benefits including, but not be limited to, use of parkland in excess minimum required parkland dedication requirements for the Project, construction of restroom/changing room facilities for public use, maintenance of park facilities by Developer, construction of all below-market rate (BMR) housing units in Phase 1 of the Project, and vested rights for the Developer to proceed with the subject development; and
WHEREAS, City and Developer have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein, in the form attached hereto as Exhibit “A” (the “Development Agreement”); and WHEREAS, the Planning Commission, after giving all public notices required by Government Code sections 65090 and 65091 conducted a public hearing on March 20, 2023, and at that hearing considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written
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Packet Pg. 186 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 2 report from City staff, materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision; and WHEREAS, on March 20, 2023, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, adopted Resolution No. 2023-006 approving Specific Plan-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization (“Development Permits”) and recommending City Council approval of Development Agreement DA-3-20 as well as Rezoning RZ-205-20 and Development Plan DP 81-20; and WHEREAS, the City Council after giving all public notices required by Government Code sections 65090 and 65091 conducted a public hearing on April 24, 2023, and at that hearing considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff, the recommendation of the Planning Commission, materials, exhibits presented, and all other information that constitutes the record of proceedings on which the City Council has based its decision; and WHEREAS, the City Council, after the duly noticed public hearing on April 24, 2023, introduced this Ordinance.
NOW, THEREFORE, the City Council of the City of Pacifica does 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. Compliance with CEQA. The City Council of the City of Pacifica adopted Resolution No. 39- 2023 on April 24, 2023, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations for the Project (State Clearinghouse No. 2021100457).
Section 3. General Plan and Local Coastal Plan Consistency. The City Council hereby finds that the provisions of the Development Agreement and the Project are consistent with the following General Plan policies:
1. Promote a Positive Image. Promote a positive image of Pacifica as a desirable place to work, live and visit (ES-G-3);
2. Appropriate Site Design. Ensure that development projects adjacent to protected natural areas are designed to minimize impacts on those areas by employing low impact development techniques for stormwater management, using native/non-invasive landscaping, and minimizing nighttime lighting and glare (ES-I-36);
3. Concentrated Development. Focus new development in or directly adjacent to already-developed areas, where it can be served by existing public services and where it will not have significant impacts on coastal or other resources (LU-G-2);
4. Future Residential Development. Limit development to sites that are not critical for open space connections or habitat preservation, and which will be in harmony with the surrounding natural setting (LU-G-3);
5. Private Parking. Ensure adequate off-street parking in all new development (CI-G-20);
6. Development of City Parks. Create and enhance neighborhood and pocket parks and plazas to provide access to local recreational space to all Pacifica residents (OC-G-1);
7. School Playfields. Continue to cooperate with the school districts to make school play fields available for public use after school hours (OC-G-4);
8. Park Land Dedication or In-Lieu Fees. For new development, continue to require the dedication of land or payment of in-lieu fees to provide park land at a ratio of five acres per 1,000 residents (OC9.b Packet Pg. 187 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 3 I-1);
9. Optimize Public Facilities. Ensure that public facilities are adequate to meet needs, and plan for opportunities that help to meet goals of school districts and the City (OC-G-11);
10. School Site Reuse and Redevelopment. Identify appropriate future land uses for unused school sites that are compatible with existing neighborhoods (OC-I-55);
11. Prioritize in-fill residential development (Housing Element #4.D.i);
12. Provide housing opportunities for all income groups (Housing Element 8.A. page 114); and
13. Provide a choice of housing types and densities (Housing Element 8.A. page 114).
Section 4. Factors for Consideration. The City Council hereby finds that the Development Agreement, which vests the right to build the Project meets the considerations in section PMC section 9-4.5007 as follows:
1. Other pending applications and approved projects.
The Project site is located at 930 Oddstad Boulevard. There are no other pending applications or projects recently approved in the immediate vicinity.
2. The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community.
The Project site consists of an in-fill development with direct access to a public street and utilities within Oddstad Boulevard. The Project would not result in any adverse impacts to public health, safety, or welfare as conditioned. In particular, the Project is consistent with the Low Density Residential land use designation in the General Plan, providing 70 residential units on 7.47 acres, which is approximately nine dwelling units per gross acre. Building mass would be broken up into seven residential buildings and three buildings with accessory uses, as opposed to a single building as would be required under current General Plan and zoning standards.
The Transportation Analysis evaluated intersections along Oddstad Boulevard and estimated that there would be no noticeable change in the level of service or traffic conditions due to the project, which is consistent with the General Plan’s Circulation Element Policy CI-I-18 which indicates the city should strive to maintain a certain level of service. The Project would not exceed the threshold. Additionally, the Project is anticipated to result in two additional trips per minute during peak hours which is not expected to be noticeable to the surrounding community.
3. Ability of the applicant to address public facility needs and financing obligations.
The Development Agreement would establish certain developer benefits and public benefits. These include, but are not limited to, Developer benefits including vested rights to proceed with development under the City’s current land use regulations.
Public benefits include, but are not limited to, public use of the 4.9 acre fields located at 930 Oddstad for at least 20 years, field improvements (drainage improvements, parking lot sealing and striping, basketball hope installation), a public building with restrooms and changing rooms, ongoing maintenance of the fields and facilities by the Developer for at least 20 years term, and a potential 1.4 acre dedication after 20 years.
These public improvements and community benefits would increase park and recreation availability and the Developer’s agreement to operate and provide maintenance of the fields and amenities enhances City operations while minimizing costs to the City. Maintenance of the fields, in 2022 dollars, is anticipated to be $243,704 annually and would be considered a community benefit. However, the costs that are incurred by the Developer for drainage improvements, striping, construction of the public restroom, and basketball hoops, would be credited to the Developer for its obligation to pay $961,984 for the Parkland Improvement
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Packet Pg. 188 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4 Fee.
Public benefits would also include construction of all BMR housing units in Phase 1 of the Project, regardless whether Phase 2 of the Project is ever constructed. Therefore, a public benefit would be provided by ensuring the creation of affordable housing for the community.
4. The relationship of the project to the City's growth management program.
Pursuant to Government Code section 66300(b)(1)(D), the City is currently unable to require issuance of a growth management allocation for housing projects as required by PMC section 9-5.03 through January 1, 2025. Therefore, consideration of this factor for approval of a development agreement is not applicable at this time.
5. The provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessibility to the public.
The proposed public benefits in the Development Agreement would include improvements to the playing fields at Oddstad Boulevard. These improvements would include construction of additional off-street parking facilities, striping, and drainage improvements. These improvements and the availability of the playing fields would create park and recreation opportunities for the public.
6. The type and magnitude of the project's economic effects to the City of Pacifica, and of its contribution, if any, toward meeting the City's housing needs, including affordable housing.
The Project provides a total of 70 residential units across various income levels including 11 below market rate units at low- and moderate- income levels, subsidized housing for Developer’s employees, and market rate housing. The project seeks to support the Developer in its goals of attracting and retaining quality employees, which benefits Pacifica residents.
Playing fields would be accessible to the Pacifica community and would be operated and maintained by the Developer at no cost to the City for a minimum of 20 years. The savings of not having to perform operations or maintenance on the fields results in an annual savings of $243,704 in 2022 dollars.
Extrapolated over the 20-year term of this provision, this amounts to a total of $4,874,080 in savings.
7. Any other comparable, relevant factor or factors.
The Project would result in an appropriate development of the site given its in-fill nature and access to existing City infrastructure. The Project would be compatible with existing residential uses, and Pacifica residents will be able to utilize the project’s playing fields. Given the Project’s proximity to Frontierland Park, the addition of playing fields to the City’s parkland inventory helps to make the area a local destination for recreation. The Project, in whole, inclusive of the provisions of the Development Agreement, would be positive for the City of Pacifica and would not adversely affect public health, safety, or welfare.
Section 5. Approval. The City Council does hereby approve and authorize the City Manager to execute the Development Agreement in the form attached hereto as Exhibit “A”, with minor technical, non-substantive revisions that may be approved by the City Manager in consultation with the City Attorney. Upon execution of the Development Agreement by all parties, the City Clerk is hereby directed to record the Development Agreement with the San Mateo County Recorder’s Office.
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Packet Pg. 189 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 5 Section 6. Severability. If any section, subsection, sentence, clause or phrase 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, sentences, clauses or phrases be declared unconstitutional.
Section 7. Effective Date. This Ordinance shall become effective thirty (30) days following its passage and adoption.
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 once in The Pacifica Tribune, a newspaper of general circulation, published and circulated in the City of Pacifica, California.
* * * * *
PASSED AND ADOPTED this 8
th day of May, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney
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Packet Pg. 190 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District
EXHIBIT
A
DEVELOPMENT AGREEMENT DA-3-20
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Packet Pg. 191 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Pacifica
City Clerk’s Office
540 Crespi Drive
Pacifica, CA 94044
Attn: City Clerk
Record Without Fee
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
DEVELOPMENT AGREEMENT
(DA-3-20, File No. 2020-009)
BY AND BETWEEN
CITY OF PACIFICA
AND
PACIFICA SCHOOL DISTRICT
Effective Date:
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Packet Pg. 192 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District
TABLE OF CONTENTS
Page
-i4875-4356-4365 v9
ARTICLE 1 DEFINITIONS.......................................................................................................... 3
1.1 Definitions.............................................................................................................. 3 ARTICLE 2 EFFECTIVE DATE AND TERM ............................................................................ 6
2.1 Effective Date ........................................................................................................ 6
2.2 Term of Agreement................................................................................................ 7
2.3 City Representations and Warranties..................................................................... 7
2.4 District Representations and Warranties................................................................ 7 ARTICLE 3 DEVELOPMENT OF THE PROPERTY................................................................. 7
3.1 Vested Rights......................................................................................................... 7
3.2 Applicable Law...................................................................................................... 8
3.3 Development Timing ............................................................................................. 8
3.4 Regulation by Other Public Agencies.................................................................. 10
3.5 Life of Project Approvals..................................................................................... 10
3.6 District’s Right to Rebuild................................................................................... 10
3.7 State and Federal Law.......................................................................................... 10 ARTICLE 4 FEES ....................................................................................................................... 10
4.1 Impact Fees.......................................................................................................... 10
4.2 Processing Fees.................................................................................................... 11
4.3 Other Agency Fees............................................................................................... 11
4.4 Connection Fees................................................................................................... 11 ARTICLE 5 PARKLAND DEDICATION AND PUBLIC BENEFITS..................................... 11
5.1 Parkland Dedication and Recreation Site.. .......................................................... 11
5.2 Residents’ Commons Building / Occasional Use by City ................................... 13
5.3 Sales Tax Point of Sale Designation.................................................................... 14 ARTICLE 6 ANNUAL REVIEW ............................................................................................... 14
6.1 Annual Review..................................................................................................... 14 ARTICLE 7 COOPERATION AND IMPLEMENTATION...................................................... 15
7.1 Subsequent Approvals ......................................................................................... 15
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TABLE OF CONTENTS
(continued)
Page
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ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS................... 15
8.1 Amendment by Written Consent ......................................................................... 15
8.2 Major Amendments to Agreement....................................................................... 16
8.3 Minor Amendment............................................................................................... 16
8.4 Requirement for Writing...................................................................................... 16
8.5 Subsequent CEQA Review.................................................................................. 16 ARTICLE 9 INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE ....................................................................................... 16
9.1 Insurance Requirements....................................................................................... 16
9.2 Indemnity and Hold Harmless............................................................................. 17
9.3 Defense and Cooperation in the Event of a Litigation Challenge ....................... 17 ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE ..................................................... 18
10.1 Assignment .......................................................................................................... 18
10.2 Successive Assignment........................................................................................ 18 ARTICLE 11 MORTGAGEE PROTECTION............................................................................ 18
11.1 Mortgagee Protection........................................................................................... 18
11.2 Mortgagee Not Obligated .................................................................................... 19
11.3 Notice of Default to Mortgagee ........................................................................... 19
11.4 No Supersedure.................................................................................................... 19 ARTICLE 12 DEFAULT; REMEDIES; TERMINATION ........................................................ 19
12.1 Breach and Default .............................................................................................. 19
12.2 Withholding of Permits........................................................................................ 20
12.3 Termination.......................................................................................................... 20
12.4 Specific Performance for Violation of a Condition ............................................. 20
12.5 Legal Actions....................................................................................................... 20
12.6 Rights and Remedies Are Cumulative................................................................. 20
12.7 No Damages......................................................................................................... 21
12.8 Resolution of Disputes......................................................................................... 21
12.9 Surviving Provisions............................................................................................ 21
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TABLE OF CONTENTS
(continued)
Page
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ARTICLE 13 GENERAL PROVISIONS ................................................................................... 21
13.1 Covenants Binding on Successors and Assigns and Run with Land................... 21
13.2 Notice................................................................................................................... 22
13.3 Permitted Delays.................................................................................................. 22
13.4 Counterparts......................................................................................................... 23
13.5 Waivers................................................................................................................ 23
13.6 Construction of Agreement.................................................................................. 23
13.7 Headings .............................................................................................................. 23
13.8 Severability .......................................................................................................... 23
13.9 Time is of the Essence ......................................................................................... 23
13.10 Extension of Time Limits .................................................................................... 23
13.11 Signatures............................................................................................................. 23
13.12 Entire Agreement................................................................................................. 24
13.13 Estoppel Certificate.............................................................................................. 24
13.14 Recordation of Termination................................................................................. 24
13.15 City Approvals and Actions................................................................................. 24
13.16 Negation of Partnership ....................................................................................... 24
13.17 No Third Party Beneficiaries............................................................................... 24
13.18 Governing State Law ........................................................................................... 25
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Packet Pg. 195 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 1
DEVELOPMENT AGREEMENT (DA-3-20)
This Development Agreement (“Agreement”), dated as of the Effective Date, is entered into by and between the City of Pacifica, a California municipal corporation (“City”) and Pacific School District, a California school district (“District”). District and City may be referred to individually in this Agreement as a “Party” and collectively as the “Parties.”
R E C I T A L S
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (“Development Agreement Statute”) which authorizes a city and a school district having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property.
B. In accordance with the Development Agreement Statute, the City Council of the City of Pacifica enacted Pacifica Municipal Code (“PMC”) section 9-4.5001 et seq. (“Development Agreement Regulations”), which authorize the execution of development agreements and set forth the required contents and form of those agreements. The provisions of the Development Agreement Statute and the City’s Development Agreement Regulations are collectively referred to herein as the “Development Agreement Law.” C. District is the owner of that certain real property located at 930 Oddstad Boulevard, in the City of Pacifica, also known as Assessor’s Parcel Number 023-672-600, and described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).
D. District has submitted applications to the City for a Rezoning (RZ-205-20), Development Agreement (DA-3-20), Development Plan (DP-81-20), Specific Plan (SP-173-20), Vesting Tentative Parcel Map (SUB-248-20), and Heritage Tree Removal Authorization for the development of seventy (70) residential housing units, residential amenity buildings and improvements, circulation improvements, open space and landscaping, and recreational fields and amenities, attached hereto and incorporated herein by reference (the “Project”).
E. The Project is proposed to be developed in two phases. Phase 1 generally consists of four (4) residential buildings consisting of forty-five (45) units, three (3) amenity buildings, circulation and other improvements, and retention of and improvements to existing recreational fields, (“Phase 1”). Of the units in Phase 1, eleven (11) shall be designated as below-market rate units consistent with the requirements in Pacifica Municipal Code Title 9, Chapter 4, Article 47.
Phase 2 generally consists of three (3) residential buildings consisting of twenty-five (25) units, and circulation and other residential amenities (“Phase 2”). The improvements to the existing recreational fields in Phase 1 consist of drainage improvements, natural turf repairs, parking lot sealing/striping, and basketball hoop installation (all located on Lot 1), as described in more detail in Exhibit B, attached hereto and incorporated herein by this reference (“Parkland Improvements”). The following two buildings are also in Phase 1, and more particularly described in Exhibit B: (1) the residents’ common amenity building to be constructed on a
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Packet Pg. 196 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 2
portion of Lot 2 (that is immediately adjacent to Lot 1), which includes a snack window/kiosk and covered picnic area that will serve the public and community groups under terms and conditions described herein (”Residents’ Commons Building”); and (2) a restroom structure on Lot 2 (that is immediately adjacent to Lot 1), which includes new restrooms/changing rooms that will be used in conjunction with the Parkland Improvements (“Recreation Restroom”).
F. In order to satisfy the parkland dedication requirements of the Project, District shall maintain and operate that 4.99-acre portion (“Lot 1”) of the Property depicted in Exhibit C, attached hereto and incorporated herein by reference, and the Parkland Improvements to be constructed thereon, for public use for a period of at least twenty (20) years (“Recreation Site”).
The Recreation Site consists of 1.4-acres that would have been required to be dedicated (“Dedication Acreage”) and an additional 3.59 acres of parkland and recreational property (“Additional Parkland”). After the initial 20-year public use period of the Recreation Site, the Parties have agreed that District may withdraw the Additional Parkland from public use on the terms set forth herein.
G. City and District have reached mutual agreement on the terms of this Agreement and desire to voluntarily enter into this Agreement to facilitate development of the Project subject to the conditions and requirements set forth herein.
H. Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code section 21000 et seq.), an Environmental Impact Report (“EIR”) has been prepared and adopted for the Project. As required by CEQA, the City has certified the EIR, and adopted written findings and a Mitigation Monitoring and Reporting Program (“MMRP”) on April 24, 2023, pursuant to Resolution No. 39-2023.
I. Prior to or concurrently with approval of this Agreement, the City will take numerous actions in connection with the approval of the Project on the Property. The approvals and development actions described herein are collectively referred to as the “Existing Approvals”: (1) Rezoning; (2) Development Plan; (3) Specific Plan, (4) Vesting Tentative Parcel Map, and (5) Heritage Tree Removal Authorization.
J. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to Government Code section 65867 and PMC section 9-4.5006. The City has reviewed and evaluated this Agreement in accordance with the Development Agreement Law and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Law and the goals, policies, standards and land use designations specified in the General Plan.
K. On April 24, 2023, the City Council introduced Ordinance No. 890-C.S. (“Enacting Ordinance”) approving this Agreement and authorizing its execution, and adopted that Ordinance on May 8, 2023.
A G R E E M E N T
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:
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ARTICLE 1
DEFINITIONS
1.1 Definitions.
“Additional Parkland” is defined in Recital F.
“Additional Parkland Site” is defined in Section 5.1.3.1. “Agreement” shall mean this Development Agreement between City and District, including all Exhibits hereto.
“Applicable Law” is defined in Section 3.2.
“Assignee” is defined in Section 10.1.
“Assignment” is defined in Section 10.1.
“Board of Trustees” means the Board of Trustees of the Pacifica School District. “Bona Fide District Use” is defined in Section 5.1.3.
“CEQA” means the California Environmental Quality Act, California Public Resources Code section 21000, et seq., as amended from time to time. “CEQA Guidelines” means the State CEQA Guidelines (California Code of Regulations, Title 14, section 15000, et seq.), as amended from time to time. “Changes in the Law” is defined in Section 3.7.
“City” means the City of Pacifica, a municipal corporation. “City Council” means the City Council of the City of Pacifica. “City Manager” means City’s City Manager or his or her designee. “City Parties” means and includes City and its elected and appointed officials, officers, employees, attorneys, contractors and representatives.
“Claims” means liabilities, obligations, orders, claims, damages, fines, penalties and expenses, including attorneys’ fees and costs.
“Commence Construction” shall be deemed to have occurred when the District has begun vertical construction as evidenced by an approved foundation City inspection. “Connection Fees” means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee, as defined below.
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“Dedication Acreage” is defined in Recital F.
“Dedication Site” is defined in Section 5.1.3.1.
“Default” is defined in Section 12.1.
“Development Agreement Law” is defined in Recital B.
“Development Agreement Regulations” is defined in Recital B. “Development Agreement Statute” is defined in Recital A. “District” means the Pacifica School District, and its permitted successors and assigns. “District CBO” means the individual who serves as the Chief Business Officer for the District or his or her designee.
“District Superintendent” means the individual who serves as the Superintendent of Schools for the entire District or his or her designee. “District’s Development Manager” means the individual or company that District appoints to serve as its development phase authorized representative, collaborating with the District in planning and managing the overall development of the Project, overseeing its design and construction, and assisting with marketing and start-up operations. As of the Effective Date, the District’s Development Manager is Brookwood Group, Inc., a California corporation. “District’s Property Manager” means the individual or company that District appoints to serve as its property manager and authorized representative for the leasing and on-site management for the operations of the Project or any portion thereof. “Effective Date” means the date that this Agreement becomes effective as determined under Section 2.1.
“EIR” is defined in Recital H.
“Enacting Ordinance” refers to the Ordinance identified in Recital K. “Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Regulations.
For purposes of this Agreement, Exactions do not include Impact Fees. “Existing Approvals” means and includes those permits and approvals for the Project granted by City to District as of the Effective Date as set forth in Recital I.
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“General Plan” means the City of Pacifica’s General Plan, as amended from time to time.
“Impact Fees” means the monetary amount charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code section 66000(b). For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction will be considered to be an Impact Fee. “Litigation Challenge” is defined in Section 9.3.
“Lot 1” (the legal description for which is in Exhibit A) comprises the western portion of the Property and is that portion of the Project site for Phase 1 that is defined herein as the Recreation Site.
“Lot 2” (the legal description for which is in Exhibit A) comprises the central portion of the Property and is that portion of the Project site upon which all three amenity buildings and the four residential buildings of Phase 1 will be constructed. “Lot 3” (the legal description for which is in Exhibit A) comprises the eastern portion of the Property and is the Project site for Phase 2 of the Project. “Major Amendment” is defined in Section 8.2.
“Minor Amendment” is defined in Section 8.2.
“Mortgage” means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of the District’s rights under this Agreement.
“Mortgagee” means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
“Municipal Code” means and refers to the City of Pacifica’s Municipal Code, as amended from time to time.
“New City Laws” means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, department, officer or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date.
“Notice of Breach” is defined in Section 12.1.
“Other Agency Fees” is defined in Section 4.3.
“Other Agency Subsequent Approvals” means Subsequent Project Approvals to be
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obtained from entities other than the City.
“Parkland Improvements” is defined in Recital E.
“Permitted Delay” is defined in Section 13.3.
“Phase 1” is defined in Recital E.
“Phase 2” is defined in Recital E.
“Planning Commission” means the City of Pacifica Planning Commission. “Processing Fees” means all fees for processing development project applications, including any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing. “Project Approvals” means the Existing Approvals and all Subsequent Approvals. “Project” is defined in Recital D.
“Property” is defined in Recital C.
“Recreation Restroom” is defined in Recital E.
“Recreation Site” is defined in Recital F.
“Residents’ Commons Building” is defined in Recital E.
“Subdivision Map Act” means California Government Code sections 66410 through 66499.58, as it may be amended from time to time.
“Subsequent Approvals” is defined in Section 7.1.
“Term” is defined in Section 2.2.
“Withdrawal Notice” is defined in Section 5.1.3.
ARTICLE 2
EFFECTIVE DATE AND TERM
2.1 Effective Date. The Effective Date of this Agreement shall be the later of (1) the date that is 30 days after the date that the Enacting Ordinance is adopted, or (2) the date this Agreement is fully executed by the Parties. The Effective Date is inserted at the beginning of this Agreement.
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2.2 Term of Agreement. Unless earlier terminated, the “Term” of this Agreement shall commence on the Effective Date and shall expire on the earlier of: (1) 25 years after the Effective Date, or (2) District’s satisfaction of all obligations contained herein.
2.3 City Representations and Warranties. City represents and warrants to District that, as of the Effective Date:
2.3.1 City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.
2.3.2 The execution and delivery of this Agreement and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.
2.3.3 This Agreement is a valid obligation of City and is enforceable in accordance with its terms.
During the Term of this Agreement, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.3 not to be true, immediately give written notice of such fact or condition to District.
2.4 District Representations and Warranties. District represents and warrants to City that, as of the Effective Date:
2.4.1 District is a California District formed under the laws of the State of California, and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of District under this Agreement.
2.4.2 The execution and delivery of this Agreement and the necessary performance of the obligations of District hereunder have been duly authorized by all necessary action and all necessary shareholder approvals have been obtained.
2.4.3 This Agreement is a valid obligation of District and is enforceable in accordance with its terms.
During the Term of this Agreement, District shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.4 not to be true, immediately give written notice of such fact or condition to City.
ARTICLE 3
DEVELOPMENT OF THE PROPERTY
3.1 Vested Rights. District shall have the vested right to develop the Property and the Project in accordance with and subject to the Existing Project Approvals, the Subsequent Project Approvals, Applicable Law and this Agreement, which shall control the permitted uses, density
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and intensity of use of the Property and the maximum height and size of buildings on the Property.
3.2 Applicable Law. City and District acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Agreement are intended to reserve to City all of its police power that cannot be so limited. Notwithstanding the foregoing reservation of City, it is the intent of City and District that this Agreement be construed to provide District with rights afforded by law, including but not limited to, the Development Agreement Statute. Therefore, the laws, rules, regulations, official policies, standards and specifications of City applicable to the development of the Property and/or the Project shall be (collectively, “Applicable Law”):
3.2.1 Those rules, regulations, official policies, standards and specifications of the City set forth in the Project Approvals and this Agreement, including without limitation Section 3.1 above;
3.2.2 With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing and manner of construction, densities, intensities of uses, heights and sizes, requirements for on- and off-site infrastructure and public improvements, in force and effect on the Effective Date, except as set forth in section 3.1 above;
3.2.3 New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;
3.2.4 New City Laws that revise City’s uniform construction codes, including City’s building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as of the date of permit application, provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;
3.2.5 New City Laws that are necessary to protect physical health and safety of the public; provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;
3.2.6 New City Laws that do not conflict with this Agreement or the Project Approvals, provided such new City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties; and
3.2.7 New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by District in its sole discretion.
3.3 Development Timing. District shall phase and construct the Project within the timeframes set forth below:
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3.3.1 District shall obtain a building permit to construct Phase 1, including the Parkland Improvements prior to, or concurrently with, issuance of a building permit for Phase 2. In no event shall City issue a building permit for any portion of the Project prior to the issuance of a building permit for Phase 1, except that the City may issue a building permit for construction of the Parkland Improvements prior to issuance of a building permit for Phase 1.
3.3.1.1 District shall construct all below-market rate units required by Pacifica Municipal Code Title 9, Chapter 4, Article 47 in relation to the Project during construction of Phase 1. These below-market rate units shall remain in operation consistent with applicable deed restrictions and/or other agreements regardless whether District constructs Phase 2 of the Project.
3.3.2 District shall commence construction of Phase 1 and the Parkland Improvements prior to, or concurrently with, commencement of construction of any other portion of the Project, but no later than seven (7) years from the Effective Date, subject to extension for a Permitted Delay.
3.3.3 District shall complete construction of and obtain a certificate of occupancy for Phase 1, including the Parkland Improvements, prior to the date that is thirty (30) months from the issuance of the first building permit for Phase 1 and the Parkland Improvements subject to extension for a Permitted Delay. City may extend such 30-month time period for up to six months if City reasonably determines that District has made substantial progress toward completion of construction of Phase 1 and/or the Parkland Improvements prior to the expiration of such initial 30-month period.
3.3.4 District has no obligation to construct Phase 2. However, in the event District desires to construct Phase 2, District shall commence construction of Phase 2, no later than twelve (12) years from the Effective Date, subject to extension for a Permitted Delay.
3.3.5 In the event District commences construction of Phase 2, District shall complete construction of and obtain a certificate of occupancy for Phase 2 prior to the date that is thirty (30) months from the date of issuance of a building permit for Phase 2, subject to extension for a Permitted Delay. City may extend such 30-month time period for up to six (6) months upon the written request of District if City reasonably determines that District has made substantial progress toward completion of construction of Phase 2 prior to the expiration of the initial 30- month period.
3.3.6 Except as set forth above, since the California Supreme Court held in Pardee Construction Co. v. The City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a lateradopted initiative restricting the timing of development prevailing over such parties’ agreement, it is the desire to avoid that result by acknowledging that, unless otherwise provided for in this Agreement, District’s vested rights under this Agreement include the right to develop the Property and the Project in such order and at such rate and at such times as District deems appropriate in the exercise of its discretion, subject to the terms, requirements and conditions of the Project Approvals and this Agreement.
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3.4 Regulation by Other Public Agencies. City and District acknowledge and agree that other governmental or quasi-governmental entities not within the control of City possess authority to regulate aspects of the development of the Property and the Project and that this Agreement does not limit the authority of such other public agencies. City shall reasonably cooperate with District in District’s effort to obtain such permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Property and/or the Project; provided, however, City shall have no obligation to incur any costs, without compensation or reimbursement, or to amend any City policy, regulation or ordinance in connection therewith.
3.5 Life of Project Approvals. The term of any and all Project Approvals shall automatically be extended for the longer of the Term or the term otherwise applicable to such Project Approval. Without limiting the generality of the foregoing, pursuant to the Subdivision Map Act, any vesting or tentative maps heretofore or hereafter approved in connection with development of the Project or the Property shall be extended for the Term (and may be subject to other extensions provided under the Subdivision Map Act).
3.6 District’s Right to Rebuild. City agrees that District may renovate or rebuild portions of the Project at any time within the Term should it become necessary due to any casualty, including natural disaster or changes in seismic requirements. Such renovations or reconstruction shall be processed as a Subsequent Project Approval consistent with all prior Project Approvals and Applicable City Law. Any such renovation or rebuilding shall be subject to all design, density and other limitations and requirements imposed by this Agreement, and shall comply with the Project Approvals, Applicable City Law, and the requirements of CEQA.
3.7 State and Federal Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than City, created or operating pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in the Law prevent or preclude, or render substantially more expensive or time consuming, compliance with one (1) or more provisions of this Agreement, the City and District shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Nothing in this Agreement shall preclude City or District from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project any such Changes in the Law. If Changes in the Law preclude or substantially prevent or preclude, or render substantially more expensive or time consuming, performance of this Agreement in a manner that makes the Project economically infeasible, District, in its sole and absolute discretion, may terminate this Agreement by providing written notice thereof to City.
ARTICLE 4
FEES
4.1 Impact Fees. District shall pay any and all Impact Fees imposed by City that are in place as of the Effective Date, at the rate in effect at the time of building permit issuance, except as
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provided in Section 4.1.1 below. In addition, City may impose and District shall comply with those Exactions required by this Agreement and the Project Approvals.
4.1.1 Park Facilities Improvement Fee. District’s construction of the Parkland Improvements shall satisfy District’s obligation to pay the Park Facilities Improvement Fee.
Therefore, no Park Facilities Improvement Fee shall be required in connection with the Project, provided that the Parkland Improvements are constructed.
4.2 Processing Fees. Subject to District’s right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and District agrees to pay any and all Processing Fees which are in effect on a City-wide basis at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing.
4.3 Other Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from District that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is required to collect pursuant to Applicable Law (“Other Agency Fees”).
4.4 Connection Fees. Subject to District’s right to protest and/or pursue a challenge in law or equity to any new or increased connection Fee, City may charge and District shall pay any Connection Fee that is lawfully adopted.
ARTICLE 5
PARKLAND DEDICATION AND PUBLIC BENEFITS
5.1 Parkland Dedication and Recreation Site. District shall satisfy its parkland dedication requirements as set forth below.
5.1.1 Initial 20-Year Public Use of Recreation Site. District shall maintain and operate the entire Recreation Site, including the Dedication Acreage and Additional Parkland Area, and Parkland Improvements constructed thereon and the Recreation Restroom (on Lot 2) for use by the general public for a period of twenty (20) years from the Effective Date (“20-Year Public Use Period”).
5.1.1.1 Rental Payments. District’s operation will include, among other things, rental to sports leagues and for other community events. For the 20-Year Public Use Period, District shall have the right to receive all rents for the entire Recreation Site (Lot 1), including the Dedication Site, and also including rents relating to the Residents’ Commons Building to be located on a portion of Lot 2 that is immediately adjacent to Lot 1). During the 20-Year Public Use Period, District shall retain all records of payments for use of Dedication Site and associated use of the Residents’ Common Building and, within thirty (30) days of any written request from City, provide City with access to or copies of such records.
5.1.1.2 Maintenance Obligations. District, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and replace the Parkland Improvements (on Lot 1) and the Recreation Restroom and Residents’ Common Building (on Lot 2) if deemed necessary by District or City, as well as perform all necessary service on maintenance
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equipment, in order to ensure the attractive and healthy appearance of the landscaping, the attractive appearance, condition and safety of any and all structures, and the efficient operation of all of the Parkland Improvements, including paying the electrical expense of operating any light and irrigation controllers.
5.1.1.3 Insurance Obligations. In addition to the insurance obligations of Section 9.1 below, District shall ensure the Recreation Site and Parkland Improvements and the Residents’ Commons Building and Recreation Restroom are covered by its general liability and property insurance policies and that the City is named as an additional insured, in a form approved by City, on all insurance policies regarding the Recreation Site and Parkland Improvements.
5.1.1.4 Exclusion of Public. District may have exclusive use of the Recreation Site (on Lot 1) and the Recreation Restroom (on Lot 2) for special events, including but not limited to, soccer leagues, flea markets, and farmers markets, up to ten (10) calendar days per month for not more than eight hours each day. District shall provide notice to City at least one month prior to the start of each month of the days in which the Recreation Site and Recreation Restroom will not be open to the public that month. District shall have exclusive use of the Residents’ Commons Building, except as provided in Section 5.2 below.
5.1.2 Ongoing Public Use. Following the 20-Year Public Use Period, District shall continue to allow public use of the Recreation Site and the Recreation Restroom on Lot 2 and may continue to collect rents upon the terms set forth in Section 5.1.1 above, unless otherwise agreed by the Parties, except that maintenance of the Recreation Site and the Recreation Restroom on Lot 2 pursuant to Section 5.1.1.2 shall become the obligation of the City.
5.1.3 Withdrawal of Additional Parkland from Public Use. Following the 20-Year Public Use Period, District may provide written notice to City of its intent to withdraw the Additional Parkland from public use (“Withdrawal Notice”). The Withdrawal Notice shall describe whether or not the District requires the Additional Parkland for a bona fide use directly related to the District’s educational mission, as follows: a pre-school or school; District offices or support or maintenance facilities; workforce housing for District employees or employees of another government entity; or market rate rental housing that generates cash flow to directly support District operations (“Bona Fide District Use”). District may also request City’s approval of a Bona Fide District Use not described above, which approval shall not be unreasonably withheld.
5.1.3.1 Dedication Acreage. Upon City receipt of the Withdrawal Notice, the City and the District shall meet in good faith to identify the 1.4-acre portion of the Recreation Site that shall remain in continued public use and shall be dedicated to the City in fee simple to satisfy the PSD’s obligation to dedicate the Dedication Acreage (the “Dedication Site”). The remaining portion of the Recreation Site other than the Dedication Site shall be referred to as the “Additional Parkland Site.” In identifying the Dedication Site, City and District shall consider the existing park improvements and the ability of the site to meet the recreational needs of the public. In the event City and District cannot agree on the Dedication Site, the Parties shall equally share the costs of mediation to resolve the dispute. District shall convey title to the Dedication Site to the City through a Grant Deed, subject only to liens for unpaid taxes, and
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easements and other exceptions approved by City, prior to withdrawal of the Additional Parkland from public use. The District shall provide an easement and right-of-entry to the City for continued use of the Recreation Restroom, together with dedication of the Dedication Site. (i) As an alternative to dedication of the required Dedication Acreage, District may satisfy its obligation through one of the following alternatives, upon the written approval of City. In the event that City approves one of the following alternatives, the City and public have no further right of use and access to the Recreation Restroom. (1) District may dedicate another comparable site to
City as parkland.
(2) District may pay a parkland dedication in-lieu fee.
In the event City approves payment of the in-lieu fee, District shall pay the fee amount in effect on the date of the Withdrawal Notice. Payment of the fee shall occur prior to withdrawal of the Additional Parkland from public use. The fee shall be calculated on the value of the Dedication Area and shall not include any portion of the Additional Parkland.
5.1.3.2 Requirements for Additional Parkland. In the event District withdraws the Additional Parkland for a Bona Fide Public Use, District’s obligations as to the Additional Parkland Site terminate upon the grant of the Dedication Site to City. In the event that the District is not withdrawing the Additional Parkland for a Bona Fide Public Use, City shall have a right of first offer to purchase the Additional Parkland Site, which right shall remain in effect for one year from the Withdrawal Notice. During such one-year time period, City may exercise its right to purchase the Additional Parkland Site, at which time the Parties shall commence good faith efforts to complete the property transfer. If the City desires to exercise its right of first offer, it must do so with respect to the entire 3.59 acres of Additional Parkland, unless District consents, in its sole discretion, to an acquisition of less than the entire 3.59 acres. In the event that the City exercises its right of first offer, the purchase price for the Additional Parkland shall be the per-acre value assigned to the parkland based on the City’s park in-lieu fee in effect at the time of the Withdrawal Notice, unless otherwise agreed to by the Parties. If the City does not exercise its right to submit an offer within the one-year time period or if City notifies District that it does not desire to purchase the Additional Parkland Site, District may withdraw the Additional Parkland Site from public use after City approval of any required land use or other approvals for an alternative use for the site. Until such approval, District shall continue to make the Additional Parkland available for public use pursuant to Section 5.1.2 above.
5.1.4 Agreement to be Recorded Affecting Real Property. The Parties shall enter into and record an agreement against the Recreation Site setting forth the terms and obligations of this Section 5.1, within ninety (90) days of the Effective Date, in substantially the form attached hereto as Exhibit D, which agreement shall survive termination or expiration of this Agreement.
5.2 Residents’ Commons Building / Occasional Use by City. District shall make the Residents’ Commons Building available for use by the City not more than two (2) days per month for City-hosted or sponsored activities, not to exceed eight (8) hours per day. City shall be responsible for reserving the Residents’ Commons Building through the District’s standard facility reservation system, or other process mutually agreed by City and District, and City’s use
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shall be subject to periods of availability based on reservations by other facility users. Use of the Residents’ Commons Building will be subject to City payment of any standard facility use fee adopted by District. This Section 5.2 shall survive the termination or earlier expiration of this Agreement. Further, this obligation shall be documented in the Agreement to be Recorded Affecting Real Property described in Section 5.1.4.
5.3 Sales Tax Point of Sale Designation. District shall require, to the extent allowed by law, all persons and entities providing bulk lumber, concrete, structural steel and pre-fabricated building components, such as roof trusses, to be used in connection with the construction and development of, or incorporated into, the Project, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($5,000,000) or more; or (c) otherwise designate the Property as the place of use of material used in the construction of the Project in order to have the local portion of the sales and use tax distributed directly to City instead of through the county-wide pool. District shall instruct its general contractor(s) for the Project to, and cause such general contractor(s) to instruct its/their subcontractors to, cooperate with City to ensure the local sales/use tax derived from construction of the Project is allocated to City to the fullest extent possible. To assist City in its efforts to ensure that such local sales/use tax is so allocated to City, District shall on an annual basis provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess of the amount set forth above, including a description of all applicable work and the dollar value of such subcontracts. City may use such information to contact each subcontractor who may qualify for local allocation of use taxes to City.
ARTICLE 6
ANNUAL REVIEW
6.1 Annual Review.
6.1.1 Purpose. As required by California Government Code section 65865.1 and PMC section 9-4.5009, City and District shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve (12) months to determine good faith compliance with this Agreement. Specifically, City’s annual review shall be conducted for the purposes of determining compliance by District with its obligations under this Agreement. Each annual review shall also document: (a) the status of the Project development, and (b) the status of ongoing public use of the Recreation Site and/or compliance with parkland dedication requirements.
6.1.2 Conduct of Annual Review. The annual review shall be conducted as provided in this Section 6.1.2. By December 1st of each year, District shall provide documentation of its good faith compliance with this Agreement during the calendar year, and such other information as may reasonably be requested by the Planning Director. If the Planning Director finds good faith compliance by District with the terms of this Agreement, District shall be notified in writing and the review for that period shall be concluded. If the Planning Director is not satisfied that District is performing in accordance with the terms and conditions of this Agreement, the Planning Director shall prepare a written report specifying why the District may not be in good faith compliance with this Agreement, refer the matter to the City Council, and notify District in
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writing at least 15 business days in advance of the time at which the matter will be considered by the City Council. This notice shall include the time and place of the City Council’s public hearing to evaluate good faith compliance with this Agreement, a copy of the Planning Director’s report and recommendations, if any, and any other information reasonably necessary to inform District of the nature of the proceeding. The City Council shall conduct a public hearing at which District must submit evidence that it has complied in good faith with the terms and conditions of this Agreement. District shall be given an opportunity to be heard at the hearing. The findings of the City Council on whether District has complied with this Agreement for the period under review shall be based upon substantial evidence in the record. If the City Council determines, based upon substantial evidence, that District has complied in good faith with the terms and conditions of this Agreement, the review for that period shall be concluded. If the City Council determines, based upon substantial evidence in the record, that District has not complied in good faith with the terms and conditions of this Agreement, or there are significant questions as to whether District has complied with the terms and conditions of this Agreement, the City Council, at its option, may continue the hearing and may notify District of the City’s intent to meet and confer with District within 30 days of such determination, prior to taking further action. Following such meeting, the City Council shall resume the hearing in order to further consider the matter and to make a determination regarding District’s good faith compliance with the terms and conditions of this Agreement. In the event City determines District is not in good faith compliance with the terms and conditions of this Agreement, City may give the District a written Notice of Breach, in which case the provisions of Section 12.1, below, shall apply.
6.1.3 Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall District have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.
ARTICLE 7
COOPERATION AND IMPLEMENTATION
7.1 Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (“Subsequent Approvals”). The Subsequent Approvals may include, without limitation, the following: amendments of the Existing Approvals, grading permits, building permits, design review permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, parcel maps and/or subdivision maps, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon the development and construction of the Project that are inconsistent with the Existing Approvals and the terms and conditions of this Agreement.
ARTICLE 8
AMENDMENT OF AGREEMENT AND PROJECT APPROVALS
8.1 Amendment by Written Consent. Except as otherwise expressly provided herein (including Section 6.1 relating to City’s annual review and Section 12.1 relating to termination in
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the event of a breach), this Agreement may be terminated, modified or amended only by mutual written consent of the Parties hereto or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65967, 65867.5 and 65868.
8.2 Major Amendments to Agreement. Any amendment to this Agreement which affects or relates to (a) the Term; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of the use of the Property or the maximum height or size of proposed buildings; or (f) parkland requirements of District, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and City Council and also shall require the approval of the District’s Board of Trustees. Any amendment which is not a Major Amendment shall be deemed a “Minor Amendment” and shall not, except to the extent otherwise required by Applicable Law, require notice of public hearing before the Parties may execute an amendment hereto. Either the City Manager or the District Superintendent (acting alone or together) shall have the authority to determine if an amendment is a Major Amendment.
8.3 Minor Amendment. The City Manager and the District Superintendent or their respective designees shall have the authority to review and approve amendments to this Agreement provided that such amendments are not Major Amendments.
8.4 Requirement for Writing. No modification, amendment or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of the Parties or their successors in interest.
8.5 Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Approval, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Approval, and the City, at District’s expense, shall conduct such additional CEQA review as expeditiously as possible.
ARTICLE 9
INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF
LEGAL CHALLENGE
9.1 Insurance Requirements. District shall procure and maintain, or cause its contractor(s) to procure and maintain, until the expiration of this Agreement, a commercial general liability policy in an amount not less than two million ($2,000,000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount of one million ($1,000,000), combined single limit. Such policy or policies shall be written on an occurrence form, so long as such form of policy is then commonly available in the commercial insurance marketplace. District’s insurance shall be placed with insurers with a current A.M.
Best’s rating of no less than A-:VII or a rating otherwise approved by the City in its sole discretion. District shall furnish at City’s request appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City Parties shall be named as additional insured parties in such policies. The certificate of insurance shall contain a statement
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of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination (ten (10) days advance notice in the case of cancellation for nonpayment of premiums) where the insurance carrier provides such notice to the District. Coverage provided hereunder by District shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City.
9.2 Indemnity and Hold Harmless. District shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City Parties from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project by or on behalf of District, maintenance and operation of the Recreation Site and Parkland Improvements (on Lot 1) and the Residents’ Common Building and Recreation Restroom (on Lot 2), and/or from any other acts or omissions of District under this Agreement, whether such acts or omissions are by District or any of District’s contractors, subcontractors, agents or employees, except to the extent such Claims arise from the sole active negligence or willful misconduct of City or City Parties.
9.3 Defense and Cooperation in the Event of a Litigation Challenge. City and District shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, or the Project Approvals (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent District desires to contest or defend such Litigation Challenge, (a) District shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding with the reasonable costs of such representation to be paid by District; (c) District shall reimburse City, within ten (10) business days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all reasonable costs incurred by City in connection with the Litigation Challenge, including City’s administrative, legal, and court costs and City Attorney oversight expenses; and (d) District shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys’ fees or cost awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against City by way of judgment, settlement, or stipulation. Any proposed settlement of a Litigation Challenge shall be subject to City’s approval not to be unreasonably withheld, conditioned or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City in accordance with Applicable Law, and City reserves its full legislative discretion with respect thereto. If District opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so.
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ARTICLE 10
ASSIGNMENT, TRANSFER AND NOTICE
10.1 Assignment. Because of the necessity to coordinate development of the entirety of the Property pursuant to plans for the Project and ongoing parkland obligations, certain restrictions on the right of District to assign or transfer its interest under this Agreement with respect to the Property, or any portion thereof, are necessary in order to assure the achievement of the goals, objectives and public benefits of the Project and this Agreement. District agrees to and accepts the restrictions set forth in this Section 10.1 as reasonable and as a material inducement to City to enter into this Agreement. District shall have the right to sell or transfer its fee interest, or ground lease its interests in the Property, in whole or in part (provided that no such partial transfer shall violate the provisions of the Subdivision Map Act) to any person, partnership, joint venture, firm, company, corporation or other entity (any of the foregoing, an “Assignee”) subject to the prior written consent of City, which consent shall not be unreasonably withheld. District shall provide the City with written notice of any proposed transfer or assignment of District’s rights or obligations hereunder (each, an “Assignment”) at least thirty (30) days prior to such Assignment. Each such notice of proposed Assignment shall be accompanied by evidence of Assignee’s agreement to assume District’s obligations hereunder. District shall pay the actual costs borne by City in connection with its review of the proposed Assignment, including the costs incurred by the City Attorney’s Office. If City consents to such Assignment, a written assignment and assumption agreement, in a form approved by City, shall be recorded in the Official Records of San Mateo County. Assignee shall succeed to the rights, duties and obligations of District only with respect to the parcel or parcels, or portion of the Property so purchased, transferred, ground leased or assigned, and District shall continue to be obligated under this Agreement with respect to any remaining portions of the Property retained by District and not assigned.
10.2 Successive Assignment. In the event there is more than one Assignment under the provisions of this Article 10, the provisions of this Article 10 shall apply to each successive Assignment and Assignee. This Article 10 does not apply to or rental of the residential units.
ARTICLE 11
MORTGAGEE PROTECTION
11.1 Mortgagee Protection. Neither entering into this Agreement nor a breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. Nothing in this Agreement shall prevent or limit District, at its sole discretion and to the extent authorized by law, from granting one or more Mortgages encumbering all or a portion of District’s interest in the Property or portion thereof or improvement thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise. District shall provide the City with a copy of the deed of trust or mortgage within ten (10) days after its recording in the official records of San Mateo County; provided, however, that District’s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.
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11.2 Mortgagee Not Obligated. No Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with this Agreement and the other Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals. Except as otherwise provided in this Section 11.2, all of the terms and conditions contained in this Agreement and the other Project Approvals shall be binding upon and effective against and shall run to the benefit of any person or entity, including any Mortgagee, who acquires title or possession to the Property, or any portion thereof.
11.3 Notice of Default to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given District hereunder and specifying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee, concurrently with service thereon to District, any Notice of Default given to District. Each Mortgagee shall have the right during the same period available to District to cure or remedy, or to commence to cure or remedy, the event of Default claimed or the areas of noncompliance set forth in City’s Notice of Default. If a Mortgagee is required to obtain possession in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed 120 days from the date the City delivers the Notice of Default to District.
11.4 No Supersedure. Nothing in this Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 11 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 11.3.
ARTICLE 12
DEFAULT; REMEDIES; TERMINATION
12.1 Breach and Default. Subject to Permitted Delays or by mutual consent in writing, and except as otherwise provided by this Agreement, breach of, failure, or delay by either Party to perform any term or condition of this Agreement shall constitute a “Default.” In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured (“Notice of Breach”).
The defaulting Party shall cure the Default within thirty (30) days following receipt of the Notice of Breach, provided, however, if the nature of the alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure, provided that if the cure is not diligently prosecuted to completion, then no additional cure period shall be provided. If the alleged failure is cured within the time provided above, then no Default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a Default shall
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exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement.
12.2 Withholding of Permits. In the event of a Default by District, or following notice of breach to District pursuant to Section 12.1 above and during the cure period provided therein, upon a finding by the Planning Director that District is in breach, City shall have the right to refuse to issue any permit or other Subsequent Approvals to which District would otherwise have been entitled pursuant to this Agreement until such Default or breach is cured. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals.
12.3 Termination. In the event of a Default by a Party, the non-defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code section 65868 and regulations of City implementing such section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, a Party alleging Default by the other Party may give written notice of termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 12.9.
12.4 Specific Performance for Violation of a Condition. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by District in the future, and if District then fails to satisfy such condition, City shall be entitled to specific performance for the purpose of causing District to satisfy such condition.
12.5 Legal Actions.
12.5.1 Institution of Legal Actions. In addition to any other rights or remedies and subject to the limitation of damages in Section 12.7, a Party may institute legal action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for San Mateo County, California, except for actions that include claims in which the Federal District Court for the Northern District of the State of California has original jurisdiction, in which case the Northern District of the State of California shall be the proper venue.
12.5.2 Acceptance of Service of Process. In the event that any legal action is commenced by District against City, service of process on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. In the event that any legal action is commenced by City against District, service of process on District shall be made by personal service upon District’s registered agent for service of process, or in such other manner as may be provided by law.
12.6 Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the
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same Default or any other Default by the other Party, except as otherwise expressly provided herein.
12.7 No Damages. In no event shall a Party, or its boards, commissions, officers, agents or employees, be liable in damages, including without limitation, actual, consequential or punitive damages, for any Default under this Agreement. It is expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other Party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to, obligations to pay attorneys’ fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Agreement by the other Party.
12.8 Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement or Applicable Law, a Party shall, at the request of another Party, meet with designated representatives of the requesting Party promptly following its request. The parties to any such meetings shall attempt in good faith to resolve any such disputes. Nothing in this Section 12.8 shall in any way be interpreted as requiring that District, City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or District unless expressly agreed to in writing by the parties to such meetings.
12.9 Surviving Provisions. In the event this Agreement is terminated, neither Party shall have any further rights or obligations hereunder, except for those obligations of District set forth in Sections 5.1 and 5.2 and Article 9.
ARTICLE 13
GENERAL PROVISIONS
13.1 Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement and subject to the limitations on assignment set forth herein, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868.5.
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13.2 Notice. Any notice, demand or request which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to the City and District as follows:
If to the City: City Clerk
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Telephone: 650-738-7300
with a copy to: City Attorney
City of Pacifica
1901 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: 510-273-8780
If to District: Pacifica School District
Attn: Superintendent
375 Reina del Mar Avenue
Pacifica, CA 94044
Telephone: 650-738-6600
with a copy to: County Attorney
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: 650-363-4750
And with a copy to: District’s Development Manager
Notices are deemed effective if delivered by certified mail, return receipt requested, or commercial courier, with delivery to be effective upon verification of receipt. Any Party may change its respective address for notices by providing written notice of such change to the other Parties.
13.3 Permitted Delays. Performance by either of the Parties of an obligation hereunder shall be excused during any period of “Permitted Delay.” Permitted Delay shall mean delay beyond the reasonable control of a Party caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) strikes or other forms of material labor disputes; (e) shortages of materials or supplies; or (f) vandalism. A Party’s financial inability to perform or obtain financing or adverse economic conditions generally shall not be grounds for claiming a Permitted Delay. The Party claiming a Permitted Delay shall notify the other Party of its intent to claim a Permitted Delay, the specific grounds of the same and the anticipated period of the Permitted Delay within thirty (30) business days after the occurrence of the conditions which establish the grounds for the claim. If notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the
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giving of such notice. The period of Permitted Delay shall last no longer than the conditions preventing performance. In no event shall any Permitted Delay extend the Term of this Agreement.
13.4 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
13.5 Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.
13.6 Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation of this Agreement, and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; (e) “includes” and “including” are not limiting; and (f) “days” means calendar days unless specifically provided otherwise.
13.7 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement.
13.8 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party may terminate this Agreement by providing written notice thereof to the other Party.
13.9 Time is of the Essence. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California.
13.10 Extension of Time Limits. The time limits set forth in this Agreement may be extended by mutual consent in writing of the Parties in accordance with the provisions of this Agreement.
13.11 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement
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on behalf of the respective legal entities of District and the City. Each District Party shall be jointly and severally liable for the obligations of the other District Party.
13.12 Entire Agreement. This Agreement (including all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.
13.13 Estoppel Certificate. District or its lender may, at any time, and from time to time, deliver written notice to the City requesting the City to certify in writing that: (a) this Agreement is in full force and effect; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) District is not in Default of the performance of its obligations, or if in Default, to describe therein the nature and extent of any such Defaults. District shall pay, within thirty (30) days following receipt of City’s invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs expended by the City Attorney’s Office in connection therewith.
The Planning Director shall be authorized to execute any certificate requested by District hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney. The Planning Director shall execute and return such certificate within thirty (30) days following District’s request therefor. District and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, partners, bond counsel, underwriters, bond holders and Mortgagees. The request shall clearly indicate that failure of the City to respond within the thirty-day period will lead to a second and final request. Failure to respond to the second and final request within fifteen (15) days of receipt thereof shall be deemed approval of the estoppel certificate.
13.14 Recordation of Termination. Upon completion of performance of the Parties or termination of this Agreement, a written statement acknowledging such completion or termination shall be recorded by City in the Official Records of San Mateo County.
13.15 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.
13.16 Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, that no Party to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of District, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.
13.17 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including
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Mortgagees. No other person shall have any right of action based upon any provision in this Agreement.
13.18 Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California, without reference to its choice of law provisions.
IN WITNESS WHEREOF, the City and District have executed this Agreement as of the Effective Date.
CITY:
CITY OF PACIFICA, a municipal corporation
By: ________________________________
Kevin Woodhouse, City Manager
[Signature must be notarized]
ATTEST:
By: ________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Michelle Marchetta Kenyon, City Attorney
DISTRICT:
Pacifica School District,
a California School District
By: ________________________________
Name: Heather Olsen
Its: Superintendent
[Signature must be notarized]
By: ________________________________
Name: Josie Peterson
Its: Chief Business Officer
[Signature must be notarized]
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Exhibit A
Legal Description of the Property (consisting of three Lots) LOT 1
All that certain real property situated in the City of Pacifica, County of San Mateo, State of California, being all of Lots 1-21 inclusive, Lot C, and Everglades Court, Block 6, and being a portion of Lots 22-30, Block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, and also being a portion of that certain parcel of land described in that certain City of Pacifica Resolution No. 960, passed and adopted on March 22, 1967 in Book 5535 at Page 226, Official Records of said County, being more particularly described as follows:
BEGINNING at the most southerly corner of said parcel described in said Resolution No. 960, said corner also being on the northeasterly right-of-way line of Yosemite Drive; Thence northwesterly along said northeasterly right-of-way line, said northeasterly right-of-way line being common to said Lots 1-7 inclusive, and said Lot C as shown on said map, the following four (4) courses:
1) North 78°22’00” West, 299.73 feet to the beginning of a tangent curve to the right; 2) Along said curve, having a radius of 320.00 feet, through a central angle of 33°10’00”, for an arc length of 185.24 feet;
3) North 45°12’00” West, 168.40 feet to the beginning of a tangent curve to the right; 4) Along said curve, having a radius of 20.00 feet; through a central angle of 77°50’42”, for an arc length of 27.17 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, also being a point on the northwesterly line of said Lot 7 as shown on said map, said point also being the beginning of a tangent curve to the right;
Thence northeasterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lot 7, 8, and 22, the following two (2) courses:
1) Along said curve, having a radius of 968.00 feet, through a central angle of 12°21’18”, for an arc length of 208.74 feet;
2) North 45°00’00” East, 113.66 feet to the beginning of a non-tangent curve to the left, whose radius point bears North 86°35’57” East;
Thence leaving said southeasterly right-of-way line and along said curve, having a radius of 24.00 feet, through a central angle of 131°35’57”, for an arc length of 55.12 feet; Thence North 45°00’00” East, 65.58 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 10.00 feet, through a central angle of 90°00’00”, for an arc length of 15.71 feet;
Thence South 45°00’00” East, 204.53 feet;
Thence South 45°00’00” West, 7.50 feet;
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Thence South 45°00’00” East, 233.44 feet;
Thence South 69°30’43” East, 49.64 feet to a point on the southeasterly line of said parcel described in said Resolution No. 960;
Thence southwesterly along said southeasterly line, South 20°29’17” West, 247.22 feet to the POINT OF BEGINNING.
Containing 218,586 square feet or 5.02 acres, more or less.
This legal description is not to be used in violation of the Subdivision Map Act or for the transfer, lease, or sale of the real property described within.
Lot 1 is intended to describe a proposed future lot subject to a future Parcel Map to be recorded with the County of San Mateo.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.
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Packet Pg. 222 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 Exhibit A
LOT 2
All that certain real property situated in the City of Pacifica, County of San Mateo, State of California, being all of Lots 31-42, inclusive, Shenandoah Court, Carlsbad Court, Block 6, and being a portion of Lots 22-30, Lots 43-45, Lots 48 and 49 and Lot D, block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, and also being a portion of that certain parcel of land described in that certain City of Pacifica Resolution No. 960, passed and adopted on March 22, 1967 in Book 5535 at Page 226, Official Records of said County, being more particularly described as follows:
BEGINNING at the northerly corner of said parcel described in said Resolution No. 960; Thence southwesterly along the southeasterly line of said parcel, South 20°29’17” West, 281.03 feet;
Thence leaving said southeasterly line, North 69°30’43” West, 49.64 feet; Thence North 45°00’00” West, 233.44 feet;
Thence North 45°00’00” East, 7.50 feet;
Thence North 45°00’00” West, 204.53 feet to the beginning of a tangent curve to the left; Thence along said curve, having a radius of 10.00 feet, through a central angle of 90°00’00”, for an arc length of 15.71 feet;
Thence South 45°00’00” West, 65.58 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 24.00 feet, through a central angle of 131°35’57”, for an arc length of 55.12 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, said point also being on the northwesterly line of said Lot 22, as shown on said map; Thence northwesterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lots 22, 23, 37, 38, & 45, the following three (3) courses:
1) North 45°00’00” East, 232.34 feet to the beginning of a tangent curve to the right; 2) Along said curve, having a radius of 638.00 feet, through a central angle of 11°49’00”, for an arc length of 131.58 feet to the beginning of a reverse curve to the left; 3) Along said curve, having a radius of 1632.00 feet, through a central angle of 03°31’08”, for an arc length of 100.23 feet;
Thence leaving said line, South 36°42’08” East, 14.84 feet to the beginning of a tangent curve to the left;
Thence along said curve, having a radius of 60.00 feet, through a central angle of 36°01’54”, for an arc length of 37.73 feet;
Thence South 72°44’01” East, 39.36 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 60.00 feet, through a central angle of 27°41’10”, for an arc length of 28.99 feet;
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Thence South 45°02’52” East, 109.32 feet;
Thence North 44°57’08” East, 145.00 feet;
Thence South 46°45’00” East, 153.84 feet to the southeasterly line of said Lot D; Thence along said southeasterly line, South 43°15’00” West, 278.59 feet to the POINT OF BEGINNING.
Containing 204,273 square feet or 4.69 acres, more or less.
This legal description is not to be used in violation of the Subdivision map Act or for the transfer, lease, or sale of the real property described within.
Lot 2 is intended to describe a proposed future lot subject to a future Parcel Map to be recorded with the County of San Mateo.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.
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Packet Pg. 224 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 Exhibit A
LOT 3
All that certain real property situated in the City of Pacifica, County of San Mateo, State of California, being all of Lots 46 and 47, inclusive, Lots 50-53, inclusive, Lot 56 and Big Bend Court, Block 6, and being a portion of Lots 43-45, Lots 48 and 49 and Lot D, block 6, as said lots are shown on that certain map entitled “PARK PACIFICA HIGHLANDS NO. 1”, filed for record on October 5, 1965, in Volume 63 of Maps at Pages 13, 14 and 15, Records of San Mateo County, being more particularly described as follows:
BEGINNING at the easterly corner of said Lot D, as shown on said map; Thence southwesterly along the southeasterly line of said Lot D, South 43°15’00” West, 245.53 feet;
Thence leaving said line, North 46°45’00” West, 153.84 feet; Thence South 44°57’08” West, 145.00 feet;
Thence North 45°02’52” West, 109.32 feet to the beginning of a tangent curve to the left; Thence along said curve, having a radius of 60.00 feet, through a central angle of 27°41’10”, for an arc length of 28.99 feet;
Thence North 72°44’01” West, 39.36 feet to the beginning of a tangent curve to the right; Thence along said curve, having a radius of 60.00 feet, through a central angle of 36°01’54”, for an arc length of 37.73 feet;
Thence North 36°42’08” West, 14.84 feet to a point on the southeasterly right-of-way line of Oddstad Boulevard, said point also being on the northwesterly line of said Lot 45, as shown on said map, said point also being the beginning of a non-tangent curve to the left, whose radius point bears North 36°42’08” West;
Thence northwesterly along said southeasterly right-of-way line, said southeasterly right-of-way line being common to said Lots 45, 46, 51-53, and along said curve, having a radius of 1632.00 feet, through a central angle of 14°27’00”, for an arc length of 411.59 feet to the northerly corner of said Lot 53; Thence leaving said southeasterly right-of-way line, and along the northeasterly line of said Lots 53, 56 and D, the following three (3) courses:
1) South 51°09’07” East, 144.95 feet;
2) South 41°19’17” East, 57.78 feet;
3) South 45°49’00” East, 160.00 feet to the POINT OF BEGINNING.
Containing 121,203 square feet or 2.78 acres, more or less.
This legal description is not to be used in violation of the Subdivision map Act or for the transfer, lease, or sale of the real property described within.
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Packet Pg. 225 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 Exhibit A
Lot 3 is intended to describe a proposed future lot subject to a future Parcel Map to be recorded with the County of San Mateo.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.
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Packet Pg. 226 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 Exhibit B
Exhibit B
Description of the Parkland Improvements,
Residents’ Common Building and Recreation Restroom
Parkland Improvements - Improvements to existing recreational fields consisting of natural turf repairs such as but not limited to reseeding, aeration, soil leveling, weed removal, and drainage improvements. Other improvements to facilities supporting the recreational fields, comprised of repair and/or replacement of a concrete surface drain adjacent to the recreational fields, slurry seal or overlay and striping of the parking lot for off-street parking purposes, striping of the offstreet parking area for alternate use as a basketball court (striping color to contrast with parking striping), and installation of two basketball hoops and backboards with adjustable heights and a maximum rim height of ten (10) feet.
Residents’ Common Building - Construction of one (1) approximately 860-square foot amenity building, substantially consistent in height, materials, and architectural design with that shown on Sheet A3.15 of the plan set presented to the Planning Commission on March 20, 2023, comprised of an open floor area, snack window/kiosk, kitchen countertop and sink, a 61-square foot restroom, and exterior covered picnic area and installation of at least four (4) picnic tables.
Recreation Restroom - Construction of one (1) approximately 716-square foot amenity building, substantially consistent in height, materials, and architectural design with that shown on Sheet A3.15 of the plan set presented to the Planning Commission on March 20, 2023, comprised of two gender separated restrooms with toilets, urinals, handwashing sinks, and other restroom improvements as required by the California Building Code.
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Packet Pg. 227 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875
-4356-4365 v9 Exhibit C
Exhibit C
Depiction of Recreation Site
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Packet Pg. 228 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875
-4356-4365 v9 Exhibit D
Exhibit D
Form of Agreement to be Recorded
Attached
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Packet Pg. 229 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Pacifica
City Clerk’s Office
540 Crespi Drive
Pacifica, CA 94044
Attn: City Clerk
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(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY
This AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY
("Agreement"), dated as of __________________, 2023, is made and entered into by and between CITY OF PACIFICA, a California municipal corporation (“City”) and PACIFIC SCHOOL DISTRICT, a California school district (“District”).
RECITALS
A. District is the owner of that certain real property located at 930 Oddstad Boulevard, in the City of Pacifica, also known as Assessor’s Parcel Number 023-672-600, and described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).
B. City and District have entered into a Development Agreement dated for identification purposes as of ________________ (“Development Agreement"), which provides, for the development of a residential project and amenities to be developed in two phases (the “Project”). Phase 1 generally consists of four (4) residential buildings consisting of forty-five (45) units, three (3) amenity buildings, circulation and other improvements, and retention of and improvements to existing recreational fields.
C. In order to satisfy the parkland dedication requirements of the Project, District agreed to maintain and operate that 4.99-acre portion (“Lot 1”) of the Property and the Parkland Improvements, as defined below, to be constructed thereon, for public use for a period of at least twenty (20) years (“Recreation Site”). The Recreation Site consists of 1.4-acres that would have been required to be dedicated (“Dedication Acreage”) and an additional 3.59 acres of parkland and recreational property (“Additional Parkland”). After the initial 20-year public use period of the Recreation Site, the District may withdraw the Additional Parkland from public use on the terms set forth in the Development Agreement.
D. The improvements to the existing recreational fields to be constructed consist of drainage improvements, natural turf repairs, parking lot sealing/striping, and basketball hoop installation (all located on Lot 1) (“Parkland Improvements”). The following two buildings
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are also in Phase 1: (1) the residents’ common amenity building to be constructed on a portion the lot that is immediately adjacent to Lot 1, which includes a snack window/kiosk and covered picnic area that will serve the public and community groups under terms and conditions described herein (”Residents’ Commons Building”); and (2) a restroom structure on the lot that is immediately adjacent to Lot 1, which includes new restrooms/changing rooms that will be used in conjunction with the Parkland Improvements (“Recreation Restroom”).
E. As set forth in Sections 5.1.4 and 5.2 of the Development Agreement, City and District have agreed to execute and record this Agreement in order to bind District and future owners of the Property to the parkland obligations set forth in the Development Agreement, which survive termination or expiration of the Development Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and District on behalf of themselves and their respective heirs, executors, successors, assigns and each successor in interest hereby covenant and agree as follows:
1. Compliance with Parkland Dedication and Recreation Site Requirements. District shall comply with the following obligations, as set forth in Section 5.1 of the Development Agreement, with respect to the use of the Property and the Recreation Site, which obligations survive termination of the Development Agreement.
1.1 Initial 20-Year Public Use of Recreation Site. District shall maintain and operate the entire Recreation Site, including the Dedication Acreage and Additional Parkland Area, and Parkland Improvements constructed thereon and the Recreation Restroom (on Lot 2) for use by the general public for a period of twenty (20) years from the [INSERT EFFECTIVE DATE OF DEVELOPMENT AGREEMENT] (“20-Year Public Use Period”).
1.1.1 Rental Payments. District’s operation will include, among other things, rental to sports leagues and for other community events. For the 20-Year Public Use Period, District shall have the right to receive all rents for the entire Recreation Site (Lot 1), including the Dedication Site, and also including rents relating to the Residents’ Commons Building to be located on a portion of Lot 2 that is immediately adjacent to Lot 1). During the 20-Year Public Use Period, District shall retain all records of payments for use of Dedication Site and associated use of the Residents’ Common Building and, within thirty (30) days of any written request from City, provide City with access to or copies of such records.
1.1.2 Maintenance Obligations. District, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and replace the Parkland Improvements (on Lot 1) and the Recreation Restroom and Residents’ Common Building (on Lot 2) if deemed necessary by District or City, as well as perform all necessary service on maintenance equipment, in order to ensure the attractive and
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healthy appearance of the landscaping, the attractive appearance, condition and safety of any and all structures, and the efficient operation of all of the Parkland Improvements, including paying the electrical expense of operating any light and irrigation controllers.
1.1.3 Insurance Obligations. District shall ensure the Recreation Site and Parkland Improvements and the Residents’ Commons Building and Recreation Restroom are covered by its general liability and property insurance policies and that the City is named as an additional insured, in a form approved by City, on all insurance policies regarding the Recreation Site and Parkland Improvements.
1.1.4 Exclusion of Public. District may have exclusive use of the Recreation Site (on Lot 1) and the Recreation Restroom (on Lot 2) for special events, including but not limited to, soccer leagues, flea markets, and farmers markets, up to ten (10) calendar days per month for not more than eight hours each day.
District shall provide notice to City at least one month prior to the start of each month of the days in which the Recreation Site and Recreation Restroom will not be open to the public that month. District shall have exclusive use of the Residents’ Commons Building, except as provided in Section 2 below.
1.2 Ongoing Public Use. Following the 20-Year Public Use Period, District shall continue to allow public use of the Recreation Site and the Recreation Restroom on Lot 2 and may continue to collect rents upon the terms set forth in Section 1.1 above, unless otherwise agreed by the Parties, except that maintenance of the Recreation Site and the Recreation Restroom on Lot 2 pursuant to Section 1.1.2 shall become the obligation of the City.
1.3 Withdrawal of Additional Parkland from Public Use. Following the 20-Year Public Use Period, District may provide written notice to City of its intent to withdraw the Additional Parkland from public use (“Withdrawal Notice”). The Withdrawal Notice shall describe whether or not the District requires the Additional Parkland for a bona fide use directly related to the District’s educational mission, as follows: a preschool or school; District offices or support or maintenance facilities; workforce housing for District employees or employees of another government entity; or market rate rental housing that generates cash flow to directly support District operations (“Bona Fide District Use”). District may also request City’s approval of a Bona Fide District Use not described above, which approval shall not be unreasonably withheld.
1.3.1 Dedication Acreage. Upon City receipt of the Withdrawal Notice, the City and the District shall meet in good faith to identify the 1.4-acre portion of the Recreation Site that shall remain in continued public use and shall be dedicated to the City in fee simple to satisfy the PSD’s obligation to dedicate the Dedication Acreage (the “Dedication Site”). The remaining portion of the Recreation Site other than the Dedication Site shall be referred to as the “Additional Parkland Site.” In identifying the Dedication Site, City and District shall consider the existing park improvements and the ability of the site to meet the recreational needs of the public. In the event City and District cannot agree on the Dedication
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Site, the Parties shall equally share the costs of mediation to resolve the dispute.
District shall convey title to the Dedication Site to the City through a Grant Deed, subject only to liens for unpaid taxes, and easements and other exceptions approved by City, prior to withdrawal of the Additional Parkland from public use.
The District shall provide an easement and right-of-entry to the City for continued use of the Recreation Restroom, together with dedication of the Dedication Site. (a) As an alternative to dedication of the required
Dedication Acreage, District may satisfy its obligation through one of the following alternatives, upon the written approval of City. In the event that City approves one of the following alternatives, the City and public have no further right of use and access to the Recreation Restroom.
(i) District may dedicate another comparable site to
City as parkland.
(ii) District may pay a parkland dedication in-lieu fee.
In the event City approves payment of the in-lieu fee, District shall pay the fee amount in effect on the date of the Withdrawal Notice. Payment of the fee shall occur prior to withdrawal of the Additional Parkland from public use. The fee shall be calculated on the value of the Dedication Area and shall not include any portion of the Additional Parkland.
1.3.2 Requirements for Additional Parkland. In the event District withdraws the Additional Parkland for a Bona Fide Public Use, District’s obligations as to the Additional Parkland Site terminate upon the grant of the Dedication Site to City. In the event that the District is not withdrawing the Additional Parkland for a Bona Fide Public Use, City shall have a right of first offer to purchase the Additional Parkland Site, which right shall remain in effect for one year from the Withdrawal Notice. During such oneyear time period, City may exercise its right to purchase the Additional Parkland Site, at which time the Parties shall commence good faith efforts to complete the property transfer. If the City desires to exercise its right of first offer, it must do so with respect to the entire 3.59 acres of Additional Parkland, unless District consents, in its sole discretion, to an acquisition of less than the entire 3.59 acres. In the event that the City exercises its right of first offer, the purchase price for the Additional Parkland shall be the per-acre value assigned to the parkland based on the City’s park in-lieu fee in effect at the time of the Withdrawal Notice, unless otherwise agreed to by the Parties. If the City does not exercise its right to submit an offer within the one-year time period or if City notifies District that it does not desire to purchase the Additional Parkland Site, District may withdraw the Additional Parkland Site from public use after City approval of any required land use or other approvals for an alternative use for the site. Until such approval, District shall continue to make the Additional Parkland available for public use pursuant to Section 1.2 above.
2. Residents’ Common Building Obligations. District shall comply with the following obligations of District under Section 5.2 of the Development Agreement with respect to Residents’ Common Buildings, which obligations survive termination of the Development
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Packet Pg. 233 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 5
Agreement. District shall make the Residents’ Commons Building available for use by the City not more than two (2) days per month for City-hosted or sponsored activities, not to exceed eight (8) hours per day. City shall be responsible for reserving the Residents’ Commons Building through the District’s standard facility reservation system, or other process mutually agreed by City and District, and City’s use shall be subject to periods of availability based on reservations by other facility users. Use of the Residents’ Commons Building will be subject to City payment of any standard facility use fee adopted by District.
3. Mortgagee Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing; provided, however, that any successor of District to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
4. City as Beneficiary; Rights and Remedies. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether City has been, remains or is an owner of any land or interest therein in the Property. City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
5. Entire Agreement; Conflict. This Agreement, including the Recitals and all Exhibits (which are hereby incorporated by reference), together with the Development Agreement, contains the entire agreement between the parties with respect to the subject matter hereof. In the event of any express conflict between this Agreement and the Development Agreement, the provisions of the Development Agreement shall control. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by the authorized parties hereof.
6. Interpretation. This Agreement shall be deemed to be jointly prepared by both of the parties hereto, and any ambiguities or uncertainties herein shall not be construed for or against either of the parties hereto. The words "including," "included," "include" and words of similar import shall be not be interpreted as words of exclusion but shall instead be interpreted as though followed by the words "but not limited to" or "without limitation." No waiver by City of any breach or default of any provision of the Agreement shall be deemed a waiver of any other provision hereof or of any subsequent breach or default by District of the same or any other provision. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
7. Authority. The parties represent and warrant that each has the full right, power and authority to carry out its obligations under this Agreement. The individuals executing this Agreement on behalf of the parties represent and warrant that they have full power and authority
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Packet Pg. 234 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875-4356-4365 v9 6
to execute and deliver this Agreement on behalf of such party.
8. Runs with the Land. All provisions of this Agreement, including the benefits and burdens, are equitable servitudes, run with the Property and are binding upon the heirs, executors, successors, assigns and personal representatives of District and inure to the benefit of City and its successors and assigns. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Property or any portion thereof or interest therein shall conclusively be held to have been executed, delivered and accepted subject to this Agreement.
9. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
IN WITNESS WHEREOF, the City and District have executed this Agreement as of the Effective Date.
CITY:
CITY OF PACIFICA, a municipal corporation
By: ________________________________
Kevin Woodhouse, City Manager
[Signature must be notarized]
ATTEST:
By: ________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Michelle Marchetta Kenyon, City Attorney
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Packet Pg. 235 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District 4875
-4356-4365 v97
DISTRICT:
Pacifica School District,
a California School District
By: ________________________________
Name: Heather Olsen
Its: Superintendent
[Signature must be notarized]
By: ________________________________
Name: Josie Peterson
Its: Chief Business Officer
[Signature must be notarized]
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Packet Pg. 236 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District
EXHIBIT A
LEGAL DESCRIPTION
[to be inserted]
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Packet Pg. 237 Attachment: Attachment B: Ordinance 890-C.S. Approving Development Agreement (5341 : Ordinance Adoption - Pacifica School District
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/24/2023
1 SUBJECT:
Introduction of an Ordinance to approve Rezoning RZ-205-20 to rezone from the R-1 (SingleFamily Residential) zoning district to the P-D (Planned-Development) zoning district, and to approve Development Plan DP-81-20 pursuant to the P-D zoning requirements; and introduction of an Ordinance to approve Development Agreement DA-3-20 that would, among other things, include ongoing use of the existing ballfields as a public recreational facility subject to certain limitations, which approvals would authorize the construction of seven multi-family residential buildings with a total of 70 residential housing units (including 11 housing units affordable at below-market rate, or BMR, rents), residential amenity buildings, off-street parking and circulation improvements, open space and landscaping, and recreational fields and amenities, at the former Oddstad Elementary School located at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009). The Planning Commission recommended approval of the Rezoning, Development Plan, and Development Agreement, and approved Specific Plan SP173-20, Subdivision SUB-248-20, and Heritage Tree Removal Authorization, by a vote of 6-0 on March 20, 2023, subject to City Council approval of the Rezoning, Development Plan and Development Agreement. Recommended California Environmental Quality Act (CEQA) action:
Adoption of a Resolution to certify a final environmental impact report (EIR), including Findings of Fact and a Statement of Overriding Considerations, due to significant and unavoidable environmental impacts that would result from approval and construction of the project.
RECOMMENDED ACTION:
(1) Move to adopt a Resolution to certify the Final Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Program, make the required findings and approve the Statement of Overriding Considerations; and,
(2) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-205-20 and Development Plan DP-81-20 to establish a Planned Development (P-D) zoning district with development plan for the Pacifica School District workforce housing project to construct 70 residential units at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009)”; and (3) Introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Development Agreement DA3-20 to establish a development agreement between the Pacifica School District and City of Pacifica to provide certain public and private benefits in conjunction with a development project at 930 Oddstad Boulevard (APN 023-672-600) (File No. 2020-009).” STAFF CONTACT:
Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
1. Overview
The Pacifica School District (PSD) has submitted a development permit application and request
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for certain legislative approvals to allow demolition of the former Oddstad School and construction of an 81,208-square foot (sf) residential development with 70 total units distributed over seven residential buildings. At least 45 of the units would be workforce housing for PSD employees or employees of another qualifying government agency. In addition the project would construct 11 below-market rate (BMR) units consistent with the City’s inclusionary zoning requirements. The project would also include a residents commons, property management office, and a public restroom/changing room on the 325,479-sf (7.47-acre) site. The project would include minor improvements to drainage and turf conditions at the adjacent ballfields with continued public access guaranteed during the term of a proposed development agreement, subject to certain limitations. Additional details related to the proposed project can be found in the Planning Commission agenda packet included as Attachment D. The Planning Commission meeting minutes from March 20 are included as Attachment E.
The Planning Commission conducted a public hearing on March 20, 2023, to consider the project. Following the public hearing, the Planning Commission adopted Resolution No. 2023- 006 (Attachment F) by a vote of 6-0 with one absence to take the following actions:
A. Certify a final environmental impact report (EIR) including findings of fact and a statement of overriding considerations due to significant and unavoidable environmental impacts that would result from the project.
B. Approve Specific Plan SP-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization (“Development Permits”).
C. Recommend City Council approval of Development Agreement DA-3-20, Rezoning RZ205-20, and Development Plan DP-81-20 (“Legislative Approvals”) The approval of the Development Permits included conditions of approval prepared by staff, and additional conditions imposed by the Planning Commission to enhance the façade of Building C2, to ensure a sufficient emergency vehicle access easement (EVAE) on the project site, and to incorporate standing seam metal roofs on the community amenity buildings. The Planning Commission also made a minor revision to the development agreement to incorporate a prior agreement between the City and Pacifica School District to construct all below-market rate (BMR) housing units in Phase 1 of the project (this provision was inadvertently omitted in the draft development agreement presented to the Planning Commission). Additional Commission edits to the final EIR appear in a later section of this report.
The Planning Commission’s action to approve the Development Permits is now final because no appeal was filed. However, the Planning Commission action is contingent on City Council approval of the Legislative Approvals. Consideration of the Legislative Approvals and the project EIR is the subject of this agenda item.
2. Required Legislative Approvals
The project requires approval of three legislative approvals, each described more fully in the following sections.
A. Rezoning RZ-205-20 to rezone the project site to the P-D (Planned Development) Zoning District
The project site is currently zoned R-1 (Single-Family Residential). The R-1 zoning district allows one single-family dwelling unit per lot (minimum 5,000 sf lot area). The Planning Commission has recommended rezoning of the project site to the P-D zoning district to allow for more flexible development standards for a multi-family housing project. The rezoning to P-D would allow more than one dwelling unit per lot which is necessary to enable the multi-family housing project. Rezoning to P-D would also allow the City Council to precisely control the
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allowable uses on the project site in a way that is not possible with the current R-1 zoning district’s list of allowable uses.
The General Plan designates the project site as “Low Density Residential.” The Low Density Residential (LDR) land use designation provides for development of three to nine dwelling units per gross acre. The LDR land use designation regulates use and density only, and not a specific housing type. The zoning applicable to a site further defines the allowable housing types and the LDR is most often associated with the R-1 zoning district in Pacifica. The density of the proposed development, nine dwelling units per gross acre, is within the allowable density range for the LDR land use designation.1
The City Council is not bound by specific findings when considering whether to approve a rezoning. The City Council may base its action on factors pertaining to general health, safety, and welfare of the community, as well as other relevant factors such as neighborhood narratives, policies, and programs in the existing General Plan. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the rezoning. The Planning Commission’s recommendation is described in greater detail below.
B. Development Plan DP-81-20 to authorize land uses on the project site Each P-D zoning district must include a development plan to specify the allowable uses therein.
In essence, the development plan is the site-specific zoning approval for a P-D site. The proposed development plan would authorize construction of 70 multi-family dwelling units on the project site with associated improvements including off-street parking areas. It would also authorize a park to operate on the existing ballfields at the southern portion of the project site.
Land uses surrounding the project site consist of single-family residential uses to the north, west and south. Frontierland Park is located to the east. To the project’s immediate south is a facility with youth programming operated by the Boys & Girls Club. Figure 1 provides an aerial view of the site and surrounding uses. The density and intensity of residential development on the project site would be consistent with surrounding single-family residential areas in terms of LDR density.
1 The density of the proposed development is rounded down to 9 from 9.3. The method for rounding down is consistent with PMC Section 9-4.2312 – Rounding of numbers in calculating density. Fractional numbers from 0.1 through 0.4 for density calculations shall be rounded down to the next whole number.
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Figure 1: Subject Site.
Pursuant to Pacifica Municipal Code (PMC) Section 9-4.2204, development regulations for a PD zoning district shall be guided by the regulations of the zoning district most similar in nature and function to the proposed P-D zoning district use. The City’s residential zoning standards are primarily based on building type, with R-1 zoning allowing single-family residences, R-2 (TwoFamily Residential) allowing two-unit buildings (e.g., duplexes), and R-3 (Multiple-Family Residential) allowing three or more residential units in the same building. Therefore, for purposes of the development regulations for the proposed P-D zoning district, the R-3 zoning district’s development standards are the most similar in nature and function to the proposed project because they are designed to allow development of multi-family residential uses such as the multi-unit buildings proposed with the project.
The City Council must make the findings provided in PMC Section 9-4.2206 in order to approve a development plan. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the development plan. The Planning Commission’s recommendation is described in greater detail below.
C. Development Agreement DA-3-20 to provide for public and private benefits as part of the project
The City’s Development Agreement Procedure Ordinance (PMC Title 9, Chapter 4, Article 50) authorizes the City Council to approve a development agreement to encourage private participation in comprehensive planning, and to reduce the economic costs of development.
The applicant has proposed a development agreement to establish certain developer benefits and public benefits. These include, but are not limited to, developer benefits including vested rights to proceed with development under the City’s current land use regulations, which development must be completed within 15 years, subject to force majeure delay. Public benefits include, but are not limited to, public use of the 4.9-acre ballfields for at least 25 years,
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field improvements (drainage improvements, parking lot sealing and striping, basketball hoop installation), construction of a public building with restrooms and changing rooms, ongoing maintenance of the fields and facilities by the applicant for at least 20 years, and City right of ongoing use of 1.4 acres of the 4.9-acre fields or a first right of offer to purchase an ownership interest in 1.4 acres of the 4.9-acre fields after 20 years.
The City Council must consider the factors provided in PMC Section 9-4.5007 in order to approve a development agreement. The City Council may also consider the Planning Commission’s recommendation, which in this specific case was to approve the development agreement. The Planning Commission’s recommendation is described in greater detail below.
3. Planning Commission Recommendation to Approve the Legislative Approvals The Planning Commission recommended City Council approval of the Legislative Approvals on March 20, 2023. The following sections refer to the Planning Commission’s recommendation in relation to the required findings and/or relevant considerations for approval of each Legislative Approval.
A. Rezoning RZ-205-20 to rezone the project site to the P-D (Planned Development) Zoning District
The Planning Commission’s recommendation to approve Rezoning RZ-205-20 is set forth in full beginning on p. 4 of Planning Commission Resolution No. 2023-006 (Attachment F). The recommendation is based on factors related to General Plan consistency, suitability for development of the existing lot, and compatibility of the proposed project with the surrounding neighborhood and existing zoning.
B. Development Plan DP-81-20 to authorize land uses on the project site The Planning Commission made the following findings, as required by Pacifica Municipal Code section 9-4.2206 and fully set forth in beginning on p. 6 of Planning Commission Resolution No. 2023-006 (Attachment F), to recommend City Council approval of Development Plan DP-81-20:
i. The proposed P-D District can be substantially completed within the time schedule submitted by the applicant;
ii. Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained;
iii. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts;
iv. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D District; v. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area; vi. The area surrounding the development can be planned and zoned in
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coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified;
vii. The project is consistent with the City's adopted Design Guidelines; and viii. The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.
C. Development Agreement DA-3-20 to provide for public and private benefits as part of the project
Section 9-4.5007 of the PMC states that the City Council shall give consideration to the following factors when reviewing a development agreement, which factors were reviewed and considered in the Planning Commission’s recommendation, and fully set forth beginning on p. 13 of Planning Commission Resolution No. 2023-006 (Attachment F):
i. Other pending applications and approved projects.
ii. The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community. iii. Ability of the applicant to address public facility needs and financing obligations. iv. The relationship of the project to the City's growth management program. v. The provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessibility to the public. vi. The type and magnitude of the project's economic effects to the City of Pacifica, and of its contribution, if any, toward meeting the City's housing needs, including affordable housing.
vii. Any other comparable, relevant factor or factors.
4. City Council’s Role
The Planning Commission has reviewed and approved the Development Permits required for construction of the proposed project. Because no appeal was filed to challenge the Planning Commission’s action, approval of the Development Permits is final, contingent on City Council approval of the Legislative Approvals, which include a proposed rezoning, development plan, and development agreement. The Planning Commission has recommended approval of the Legislative Approvals.
The City Council in its capacity as the legislative body of the City and in the exercise of its police power under the California Constitution is required to approve legislative actions on behalf of the City. Except where specified in the Pacifica Municipal Code, the City Council is not bound by specific findings when approving legislative items, and may consider all information relevant to the public health, safety, and welfare of persons within the City.
Staff recommends City Council approval of the Legislative Actions based on the findings set forth in the attached Ordinances, which findings were made by the Planning Commission.
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5. California Environmental Quality Act (CEQA) Review
The City Council must comply with the California Environmental Quality Act (CEQA) prior to any action to approve the Legislative Approvals. Compliance with CEQA requires the identification of potential significant impacts on the environment and identification of measures to mitigate any such effects.
The City, as the lead agency for CEQA compliance for the proposed project, has prepared an environmental impact report (EIR). The City published the Notice of Preparation for the EIR on October 22, 2021, and held a Scoping Meeting on November 4, 2021. On November 23, 2022, the City issued a Notice of Availability of the Draft EIR (DEIR). Publication of the Notice of Availability began a forty-five (45) day public review period, concluding January 9, 2023. During this period, the DEIR was available for review and comment to the community, local, State, federal agencies, and interested organizations. The DEIR is included as Attachment G and is available at: https://www.cityofpacifica.org/departments/planning/environmental-documents.
CEQA Guidelines Appendix G sets forth a set of questions to guide evaluation of potential environmental impacts across a variety of resource areas. The DEIR found that all impacts would be mitigated to a less-than-significant level with implementation of the recommended mitigation measures, with the exception of Transportation and Traffic, specifically Vehicle Miles Traveled, which would remain a significant and unavoidable impact. Mitigation measures were still applied to this resource area to reduce the impacts as much as possible, as required by CEQA.
Resource areas requiring mitigation measures to reduce impacts to less-than-significant include Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation, as shown in Table 1 below. Resource areas listed as less-than-significant or no impact do not require mitigation. Resource areas requiring mitigation are noted below.
TABLE 1: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact
Agricultural and Forestry
Resources Aesthetics Transportation
Energy Air Quality
Hydrology and Water Quality Biological Resources
Land Use Cultural and Tribal Cultural
Resources
Mineral Resources Geology and Soils
Population and Housing Greenhouse Gas Emissions
Public Services Hazards and Hazardous
Materials
Recreation Noise
Wildfire
The PSD intends to lease all 70 units to School District employees if sufficient demand exists among its employees. For the purposes of the CEQA analysis, the City conservatively assumed the 70-unit workforce housing project would consist of 25 market rate units and 45 workforce units. Of the 45 workforce housing units, 44 were assumed to be leased to School District employees, and one below market rate unit leased to an on-site property manager. While it is the School District’s goal to lease all 70 units to School District employees, the School District’s financing strategy includes the possibility of leasing units to market rate tenants to subsidize the
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workforce housing units. To evaluate the highest possible degree of impact, the 45 workforce housing – 25 market rate scenario was studied, which included an assumption that occupants of the 25 market rate units may travel daily to employment outside of Pacifica, resulting in higher vehicle miles traveled, whereas at least one of the workforce housing occupants would have lesser vehicle miles traveled to school sites within Pacifica. This is further described below under Significant and Unavoidable Impact.
Significant and Unavoidable Impact:
Transportation and Traffic
The EIR determined there would be a significant unavoidable impact for traffic and transportation specifically related to vehicle miles traveled (VMT). VMT is a measure for how much an individual or household drives a private vehicle. The usage of VMT in environmental analysis aligns with the State’s goals to reduce greenhouse gas (GHG) emissions by reducing the number of miles driven by individual persons.
As described above, the project proposes 45 workforce housing units, 44 of which will be leased to PSD employees, and one of which will be leased to an on-site property manager. The remaining 25 units will be leased to market rate tenants. The traffic analysis assumes each unit will be occupied by two driving-age tenants for a total driving population of 140 tenants for the purposes of calculating VMT.
The Traffic Analysis categorized occupants as:
• PSD Employees in School District-restricted units
• Non-PSD Employees in School District-restricted units • Market rate tenants
• On-site property manager
A VMT per capita value was assigned to each category. The VMT per capita for the project was estimated to be 14.69. The existing citywide VMT per capita is 15.81, so the average for the project would need to be 13.44 to meet the threshold of 15 percent below the existing citywide average. Since VMT of 14.69 exceeds the 13.44 VMT threshold, the VMT impacts of the project were determined to be significant.
Mitigation measures include implementing the following Transportation Demand Management strategies:
f. Safe Routes to School. Pursue grants to fund pedestrian and bicycle improvements around PSD schools to increase safety for students and staff walking and bicycling. g. Install Bike Racks. Identify PSD schools where more bicycle racks are needed. Once identified, install as needed.
h. Install E-bike Charging Stations. Install e-bike charging systems in secure bike parking facilities at PSD schools.
i. Install Electric Vehicle Charging Stations. To encourage and support electric vehicle ownership by project residents, install EV charging stations at PSD schools. j. Samtrans Flex Services. Continue to partner with Samtrans to establish fixed-route services to PSD schools. Coordinate with Samtrans on possible flex services (such as dial-a-ride) to serve schools with lower demand.
k. Shuttle Services. Partner with the Jefferson Union School District to fund shuttle services to Pacifica schools.
Less than Significant Impacts with Mitigation. The impacts identified under the following resource areas have mitigations which are further detailed in the Mitigation Monitoring and
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Reporting Program for the 930 Oddstad Boulevard project. Sections of the DEIR are identified for each resource area to obtain more information.
Aesthetics (Section 4.1)
The project would implement mitigation measures to avoid impacts to aesthetics relating to degrading the visual character or quality of public views of the site and its surroundings nor would the project conflict with the applicable zoning and other regulations governing scenic quality. The mitigation requires compliance with tree protection measures identified in the Arborist Report as well as recommended replacement trees identified in the Tree Replacement Memo which will help ensure protection of the quality of public views of the site and its surroundings. Compliance with applicable Design Guidelines and implementation of the tree protection measures and usage of recommended replacement trees would ensure that development of the proposed project would not degrade the visual quality or character of the area and potential impacts would be less than significant.
Air Quality (Section 4.2)
The project would implement mitigation measures to avoid impacts to air quality relating to construction dust and emissions from construction equipment. Construction activities, particularly during demolition, site preparation, operation of heavy equipment, delivery of materials, worker travel, and grading, would temporarily generate fugitive dust. The Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines consider these impacts to be less than significant if best management practices, such as watering exposed surfaces, covering loose materials in haul trucks, and limiting vehicle speeds on unpaved surfaces, are implemented to reduce the emissions. Additionally, to reduce diesel particulate matter emissions, the use of heavy equipment larger than 50 horsepower should be limited or when possible electric-powered equipment should be used when possible.
Biological Resources (Section 4.3)
The project would implement mitigation measures to avoid impacts to dusky-footed woodrats, the obscure bumble bee, red-legged frogs, bats, nesting migratory birds, and seasonal wetlands that were created due to a damaged concrete drainage ditch. The mitigation measures include creating non-disturbance buffers around active nesting sites or middens, consulting with qualified biologists for possible relocation of certain species, and planting foraging habitat for obscure bumble bees such as California native flower plants. For seasonal wetlands, best management practices should be implemented prior to earthwork. This includes construction exclusion zones to protect native wetland plants or a split rail fence along the boundary between the recreational field, seasonal wetland, and concrete drainage. Where native plants are removed, altered or destroyed, native plants shall be planted at a 1:1 replacement ratio. With incorporation of these measures, the project would result in a less than significant impacts to dusky-footed woodrats, obscure bumble bees, red-legged frogs, bats, nesting migratory birds and seasonal wetlands.
Cultural Resources (Section 4.4)
Ground disturbing activities associated with project construction could disturb previously unrecorded archaeological resources or human remains due to ground disturbance associated with construction activities. Mitigation measures will be implemented to avoid or reduce impacts due to inadvertent discovery of archaeological resources, archaeological resources and/or human remains that may be present on the site, which includes work stoppage and tribal consultation if resources are discovered. These measures would reduce potential impacts to unrecorded archaeological resources at the site by identifying them prior to construction and developing alternative project designs, or treatment plans to avoid or minimize impacts to resources.
Geology and Soils (Section 4.5)
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As with the larger San Francisco Bay Area, the project site is in a region of high seismicity.
Additionally, the existing soil conditions, including 35 feet of fill underlying the site, have the potential for geologic and soil instability. The seismicity and geologic and soil instability could be mitigated through the implementation of geotechnical recommendations in the project design.
The demolition and grading activity which could result in soil erosion or loss of top soil could be mitigated by compliance with the City’s stormwater control measures and the San Mateo Countywide Water Pollution Prevention Program. While the preliminary geotechnical report determined the project site to be geotechnically and geologically feasible for future development, the project site would still be subject to risks associated with local soils. A mitigation measure requiring a construction level geotechnical evaluation will be required and all standards and recommended engineering measures to mitigate for liquefaction, expansive soils and other local soil constraints must be incorporated into the project.
There are no major or unique paleontological resources known to exist in the city, and the likelihood of encountering unique paleontological resources is low. However, development of the project could result in the discovery and disturbance of previously unknown or undiscovered paleontological resources. To reduce this potential impact to unique paleontological resources to a less-than-significant level, if during construction activities any discovery is made, ground disturbing activities shall halt, and the applicant shall retain a qualified paleontologist to evaluate the discovery and make recommendations.
Greenhouse Gas Emissions (Section 4.6)
GHG emissions associated with construction of the project would be less than significant through the preparation and implementation of a GHG reduction plan that uses at least 10 percent local building materials and reuses and recycles at least 50 percent of construction waste or demolition material.
Hazards and Hazardous Waste (Section 4.7)
Based on the age of the school building and shed, there is a potential for asbestos and leadbased paint exposure during construction activities, such as demolition of the existing structures. However, the proposed project would be required to comply with all applicable federal, state, and local regulations during construction and disposal of contaminated materials.
Performing a survey to identify asbestos-containing materials and lead based paint and incorporating findings into a report that includes appropriate removal and disposal protocols if such materials are found, would result in a less than significant impact.
Noise (Section 4.10)
Noise from project construction and noise from project operation would be reduced to a less than significant impact with implementation of a mitigation measure requiring best management practices, but not limited to, the following: limiting construction hours, employing newer construction equipment with state-of-the-art noise shielding and muffling devises, staging noisegenerating equipment as far as possible from noise-sensitive receptors, substituting nail guns for manual hammering where feasible, notifying adjacent residences early and frequently of construction activities, and utilizing a noise disturbance coordinator.
Transportation and Circulation (Section 4.13)
The project would implement mitigation measures to avoid impacts to site lines such as maintaining low-lying shrubs and removing branches less than seven feet in height from the ground level at locations close to driveways and prohibiting parking south of the project driveway along Oddstad Boulevard for a distance of at least 30 feet.
Public Comment on the Draft EIR
One public comment letter was received (Attachment H) which centered on traffic around
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Oddstad Boulevard from tenants leaving the project site. No comments were received from public agencies. All comments were responded to in the Final EIR (FEIR) discussed below and clarifying text revisions were made where necessary.
Final EIR
Following the conclusion of the public comment period, the City prepared a FEIR in accordance with Section 15132 of the CEQA Guidelines. The FEIR was published on March 15, 2023. The FEIR is included as Attachment I and is available at:
https://www.cityofpacifica.org/departments/planning/environmental-documents.
The FEIR includes the Mitigation Monitoring and Reporting Program (MMRP) that describes mitigation measures to reduce potentially significant environmental impacts to less than significant levels where possible. The Planning Commission made minor edits to the MMRP that are included in the attachment to this staff report in redline to demonstrate where changes were made2. The changes to the MMRP to clarify the responsible party and period of the rainy season for two biological resources mitigation measures did not change the conclusions in the final EIR or introduce significant new information, and merely amplified and clarified the conclusions already contained in the final EIR.
CEQA Findings of Fact and Statement of Overriding Considerations When there are significant and unavoidable environmental impacts associated with a project that cannot be mitigated to less than significant levels, CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental impacts when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable and the lead agency may still approve the project.
The City is required to state the specific reasons to support its action based on the FEIR or other information in the record in a document is called a “Findings of Fact and Statement of Overriding Considerations” which is included in Attachment J. The Statement of Overriding Considerations found that multiple project benefits, including but not limited to the removal of aging facilities and site improvements, parkland access for the public, enhanced recruitment and retention of teachers and other staff by the Pacifica School District, construction of belowmarket rate (BMR) housing, and construction of housing generally to make progress towards the City’s Regional Housing Needs Assessment (RHNA) obligations, were cumulatively and individually significant enough to justify approval of the project despite the significant and unavoidable environmental impact identified in the EIR.
Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) identifies 26 mitigation measures related to Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, Transportation and Traffic. The MMRP is incorporated with the FEIR as indicated above and is included in Attachment I. Implementation of the MMRP will be monitored by City staff to reduce potential impacts of the implementation of the proposed project in accordance with CEQA.
Staff recommends that the City Council certify the FEIR, make the required Findings of Fact, and approve the Statement of Overriding Considerations. 2 Note the FEIR posted on the City’s Environmental Documents page does not include these minor edits to the Mitigation Monitoring and Reporting Program (MMRP) made by the Planning Commission.
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6. Public Comments
Five written public comments were received prior to the Planning Commission public hearing on March 20, 2023 (Attachment K). Verbal comments made at the March 20 Planning Commission public hearing are summarized in the meeting minutes included in Attachment E.
In addition, one written public comment was received during the public comment period on the DEIR as described above.
Additional written public comments received prior to the City Council agenda publication are included in Attachment L.
7. Staff Analysis and Recommendation
The Planning Commission has considered the proposed project, including both the Development Permits and Legislative Approvals. The Planning Commission approved the Development Permits with additional conditions of approval addressing architecture and emergency vehicle access, and recommended City Council approval of the Legislative Approvals with a clarification regarding the timing of BMR unit construction. The Planning Commission also certified the final EIR with minor revisions to the MMRP to clarify its requirements.
Staff recommends that the City Council consider the Planning Commission’s recommendation along with the CEQA information presented in this report, and determine whether sufficient evidence exists to support approval of the Legislative Approvals. Note that without approval of the Legislative Approvals, the Development Permits approved by the Planning Commission will not have force or effect, and the project cannot be constructed or operated.
ALTERNATIVE ACTION:
The Council may deny the requested Legislative Approvals, which would have the effect of denying the overall project including the Development Permits approved by the Planning Commission.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Review of the proposed Resolution and Ordinances is not directly associated with a City Council goal or an item on the City Council’s Work Plan. Serving in a legislative capacity is a routine function of the City Council as part of its normal governance process as established in the Pacifica Municipal Code and in State Law.
FISCAL IMPACT:
No direct fiscal impact. Processing costs for this item are paid by the applicant.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Resolution to Certify Final EIR (DOCX) Attachment B - Draft Ordinance Approving Rezoning and Development Plan (DOCX) Attachment C - Draft Ordinance Approving Development Agreement (DOCX) Attachment D - Planning Commission Agenda Packet - March 20, 2023 (PDF) Attachment E - Planning Commission Minutes - March 20, 2023 (PDF) Attachment F - Planning Commission Resolution No. 2023-006 (PDF) (Attachments Not Included)
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Attachment G - Draft EIR (PDF)
Attachment H - Comment letter from DEIR (PDF)
Attachment I - Final EIR (with redline edits by Planning Commission) (PDF) Attachment J - Findings of Fact and Statement of Overriding Considerations (PDF) Attachment K - Public Comments Received After Planning Commission Agenda Publication (PDF)
Attachment L - Public Comments Prior to City Council Agenda Publication(PDF)
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Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
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Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
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Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
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Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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1.0 INTRODUCTION ............................................................................................................ 1
1.1 Role of CEQA Findings........................................................................................................ 1
2.0 FINDINGS UNDER CEQA............................................................................................... 2
2.1 Impacts Determined not to be Significant........................................................................ 3
2.2 Impacts Determined to be Less than Significant............................................................. 3
2.2.1 Aesthetics:.........................................................................................................................3
2.2.2 Air Quality: ........................................................................................................................3
2.2.3 Biological Resources:.......................................................................................................3
2.2.4 Cultural and Tribal Cultural Resources .........................................................................4
2.2.5 Geology and Soils.............................................................................................................4
2.2.6 Greenhouse Gas Emissions............................................................................................4
2.2.7 Hazards and Hazardous Materials ................................................................................4
2.2.8 Hydrology and Water Quality.........................................................................................5
2.2.9 Land Use and Planning ...................................................................................................5
2.2.10 Noise..................................................................................................................................5
2.2.11 Population and Housing .................................................................................................6
2.2.12 Public Services..................................................................................................................6
2.2.13 Transportation and Traffic..............................................................................................6
2.2.14 Utilities and Service Systems..........................................................................................6
2.2.15 Wildfire ..............................................................................................................................7
2.3 Impacts Determined to be Less than Significant with Mitigation................................... 7
2.3.1 Aesthetics..........................................................................................................................7
2.3.2 Air Quality .........................................................................................................................8
2.3.3 Biological Resources......................................................................................................11
2.3.4 Cultural and Tribal Cultural Resources .......................................................................16
2.3.5 Geology and Soils...........................................................................................................19
2.3.6 Greenhouse Gas Emissions..........................................................................................22
2.3.7 Hazards and Hazardous Materials ..............................................................................23
2.3.8 Noise................................................................................................................................25
2.3.9 Transportation and Traffic............................................................................................26
2.4 Significant and Unavoidable Impacts.............................................................................. 27
2.5 Findings Regarding Feasible Alternatives ....................................................................... 29
2.5.1 Alternative 1: No Project/No Development................................................................29
2.5.2 Alternative 2: Park Pacifica Highland Subdivision: 54 Single Family Residences ..29
2.5.3 Alternative 3: Variation of Site Layout and Unit Mix .................................................30
2.5.4 Findings Regarding Alternatives ..................................................................................31
3.0 OVERRIDING CONSIDERATIONS CONCLUSIONS ..................................................... 32
3.1 Project Benefits................................................................................................................. 33
3.2 Statement of Overriding Considerations........................................................................ 34
3.3 General Findings............................................................................................................... 35
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Packet Pg. 258 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing 1 CEQA requires the Pacifica City Council to balance the benefits of the Pacifica School District Workforce Housing Project (project) against its significant and unavoidable environmental effects in determining whether to approve the project. Since the Environmental Impact Report (EIR) identifies significant impacts of the project that cannot feasibly be mitigated to below a level of significance, the City must state in writing its specific reasons for approving the project in a “statement of overriding considerations” pursuant to Sections 15043 and 15093 of the California Environmental Quality Act (CEQA) Guidelines. This Statement of Overriding Considerations sets forth the specific reasons supporting the City’s action in approving the project, based on the Final Environmental Impact Report (Final EIR or FEIR, which incorporates the Draft EIR or DEIR by reference) and other information in the administrative record.
In making the statement of overriding considerations, CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable’. (CEQA Guidelines, Section 15093, subd. (a).)
The following sections provide findings and statements of facts supporting the findings, describe the general project benefits considered by decision makers in determining to adopt the proposed project despite its potentially significant adverse environmental effects, and provide conclusions.
The following findings are hereby adopted by the City Council of Pacifica pursuant to the requirements of the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (CEQA), and the Guidelines for California Environmental Quality Act, Title 14, California Code of Regulations Section 15000 et seq. (CEQA Guidelines).
These Findings and Facts in Support of Findings relate to the approval of the Pacifica School District Workforce Housing project for which the City Council of Pacifica is the Lead Agency.
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 2 The Findings state the City Council’s conclusions regarding the significance of the potential environmental impacts of the project after all feasible mitigation measures have been adopted. These findings have been prepared to comply with the requirements of CEQA and the CEQA Guidelines and are based on information in the Draft and Final EIR for the project and on all other relevant information contained in the administrative record.
CEQA requires agencies to identify mitigation measures that would avoid or substantially lessen a project’s significant impacts or potentially significant impacts if such measures are feasible. The mitigating measures identified in the Final EIR mitigate the potentially significant impacts of the project, to the extent feasible, as described in the Final EIR. All mitigation measures identified in the Final EIR (as listed in Table 1-1 of the Draft EIR) that are within the City Council’s authority to impose are hereby adopted by the Council.
Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” The same statute states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Section 21002 further provides that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” (Pub. Resources Code, Section 21002.) The mandate and principles set forth in Public Resources Code Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. (See Pub. Resources Code, Section 21081, subd. (a); CEQA Guidelines, Section 15091, subd. (a).)
The EIR examined the environmental impacts of the project in the areas of Aesthetics; Air Quality; Biological Resources; Cultural and Tribal Cultural Resources; Geology and Soils; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Noise; Population and Housing; Public Services; Transportation and Traffic; Utilities and Service Systems; Wildfire; Significant Irreversible Environmental Changes; Growth-Inducing Impacts; and Cumulative Impacts.
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 3 State CEQA Guidelines Section 15128 requires that an EIR contain a brief statement disclosing the reasons why various possible significant effects of a project were found not to be significant, and therefore would not be discussed in detail in the EIR. Chapter 4, Environmental Evaluation, of the DEIR identified the following issue areas that would not be impacted by the proposed project, and thus, does not include a detailed discussion of:
• Agricultural and Forestry Resources
• Energy
• Mineral Resources
• Recreation
Under Public Resources Code section 21081(a)(1) and CEQA Guidelines sections 15091(a)(1) and 15092(b), the City determines that the following potential impacts would not occur as a result of the project or would be less than significant, as identified in the EIR:
Impact AES-1: Implementation of the proposed project would not have a substantial adverse effect on a scenic vista.
Impact AES-2: Implementation of the proposed project would not substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway.
Impact AES-4: The project would not create a new source of substantial light or glare which would adversely affect day or nighttime.
Impact AQ-1: Implementation of the proposed Pacifica School District Workforce Housing project would not conflict with or obstruct implementation of an applicable air quality plan.
Impact AQ-4: Implementation of the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
Impact BIO-2 (no impact): The project would not result in a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 4 policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service.
Impact BIO-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.
Impact BIO-6 (no impact): The project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Impact C/TCUL-1: Implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section15064.5.
Impact GEO-5 (no impact): The proposed project will not be located on soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water.
Impact GHG-2: Implementation of the proposed project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.
Impact HAZ-1: The proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
Impact HAZ-3: The proposed project would not emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
Impact HAZ-4 (no impact): The proposed project would not be located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Impact HAZ-5: The proposed project would be located within an airport land use plan, but would not result in a safety hazard or excessive noise for people residing or working in the
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 5 project area.
Impact HAZ-6: The proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
Impact HYDRO-1: Implementation of the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
Impact HYDRO-2: Implementation of the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable groundwater management of the basin.
Impact HYDRO-3: Implementation of the proposed would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows.
Impact HYDRO-4: Implementation of the proposed project would not result in the risk of release of pollutants due to project inundation as a result of being located in a flood hazard, tsunami, or seiche zone.
Impact HYDRO-5: Implementation of the proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
Impact LUP-1: The project would not physically divide an established community.
Impact LUP-2: The project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact.
Impact NOI-2: The proposed project would not result in generation of excessive
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 6 groundborne vibration or groundborne noise levels.
Impact NOI-3 (no impact): The proposed project, would not expose people residing or working in the project area to excessive noise levels as a result of being located in an airport land use plan.
Impact POP-1: The project would not induce direct substantial population growth in the area as a result of construction of the proposed units, nor would the project result in indirect population growth in the area as a result of expansion of public facilities, such as roads or other infrastructure.
Impact POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Impact PS-1: The project would not require expansion or construction of new governmental facilities which could result in substantial adverse physical impacts as a result of increased demand for fire protection, police protection, schools, parks, or other public facilities.
Impact TRA-1: The project will not conflict with a program, plan, ordinance, or policy addressing the circulation system including transit, roadway, bicycle, and pedestrian facilities.
Impact TRA-4: Implementation of the project will not result in inadequate emergency access.
Impact UTIL-1: Implementation of the proposed project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.
Impact UTIL-2: Implementation of project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years.
Impact UTIL-3: Implementation of the project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 7 adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.
Impact UTIL-4: Implementation of the project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.
Impact UTIL-5: Implementation of the project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste.
Impact FIRE-1: The project would not substantially impair an adopted emergency response plan or emergency evacuation plan.
Impact FIRE-2: The project would not exacerbate wildfire risks due to slope, prevailing winds, and other factors, and thereby would not expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.
Impact FIRE-3: The project would not require installation or maintenance of infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
Impact FIRE-4: The project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.
Under Public Resources Code section 21081(a)(1) and CEQA Guidelines sections 15091 (a)(1) and 15092(b), and to the extent reflected in the EIR, the City finds that changes or alterations have been required in, or incorporated into, the project that mitigate to a less than significant level or avoid the following potentially significant effects on the environment:
Impact AES-3: Implementation of the proposed project could substantially degrade the existing visual character or quality of public views of the site and its surroundings and could result in a conflict with applicable zoning and other regulations governing scenic quality in urbanized areas (potentially significant impact).
Mitigation Measure(s)
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 8 AES-1: All applicable Tree Protection Recommendations set forth in the Arborist Report prepared by Traverso Tree Service on March 18, 2020, for the subject property, including, but not limited to recommendations related to protection of Monterey pines (trees 25-27) and Monterey cypress (trees 1-12, 16-20) during the pre-construction, demolition, foundation, grading, construction, and landscaping phases of the project shall be implemented, except that the tree replacement ratio for removal of heritage and protected trees shall be 2:1. Final grading plans, construction plans, and building plans shall demonstrate that recommendations set forth in the Arborist Report have been incorporated into the final design of the project. Plans shall also demonstrate compliance with the planting size, species, and ratio recommendations set forth in the Tree Replacement Recommendation Memorandum prepared by Traverso Tree Services on June 17, 2020.
Protection measures and replacement trees shall be subject to review and approval by the City of Pacifica Planning Department, Planning Commission, and City Council, as applicable.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Implementation of the project will result in removal of seven mature heritage and nonheritage trees that contribute to the existing visual character of the site and its surroundings.
However, measure AES-1 requires planting of replacement trees at a 2:1 ratio, as well as protection of trees to be retained onsite which reduces the project’s potential impacts to less than significant.
Impact AQ-2: Implementation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or state ambient air quality standard (potentially significant impact).
Mitigation Measure(s)
AQ-1: Latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust during all construction activities shall be incorporated into all demolition and construction plans to require implementation of the following:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 9 unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Implementation of measure AQ-1 will reduce fugitive dust emissions during construction activities as recommended by BAAQMD. Exhaust emissions from operation of construction equipment and trucks for criteria pollutants will also be reduced through implementation of measures during construction activities. Therefore, after applying this measure, the impact will be less than significant.
Impact AQ-3: Implementation of the proposed project would not expose sensitive receptors to substantial pollutant concentrations (potentially significant impact).
Mitigation Measure(s)
AQ-1: (see above under Impact AQ-2)
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 10 AQ-2: Prior to issuance of a demolition and/or grading permit, a plan to reduce diesel particulate matter emissions by at least 60 percent shall be prepared and submitted to the City for review and acceptance. The plan shall include, but not be limited to, the following strategies:
1. All construction equipment larger than 50 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible. Alternatively, the plan may include:
a. Equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 60 percent or greater reduction in particulate matter exhaust in comparison to uncontrolled equipment.
b. Alternatively fueled or electric equipment.
2. Alternatively, the applicant may develop a construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 60 percent or greater. The construction operations plan shall be subject to review by an air quality expert and approved by the City prior to construction. Elements of the plan could include a combination of the following measures:
a. Use Tier 4 or alternatively fueled equipment;
b. Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors;
c. Use of electric-powered equipment;
d. Use of electric or propane/natural gas-powered forklifts and aerial lifts; e. Change in construction build-out plans to lengthen phases; f. Implementation of different building techniques that result in less diesel equipment usage.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
The Construction Community Risk Assessment, prepared by Illingworth & Rodkin for the project used the California Emissions Estimator Model (CalEEMod) to compute construction
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 11 period emissions with implementation of mitigation measures. The model inputs assumed all construction equipment met U.S. EPA Tier 4 interim engines standards and all BAAQMD best management practices for construction were included. With these mitigation measures AQ-1 and AQ-2, the project’s construction cancer risk impact, assuming infant exposure, would be reduced by 90 percent to 2.48 per million and the project’s annual PM2.5 concentrations would be reduced by 65 percent to 0.12 micrograms per cubic meter (μg/m3).
A plan that reduces DPM emissions by 60 percent would reduce cancer risk to approximately
9.7 chances per million and a plan that reduces total PM2.5 emissions by 15 percent would reduce PM2.5 concentrations to 0.29 μg/m3. Based on these calculations, the project’s construction cancer risk and PM2.5 concentrations would be reduced below the BAAQMD single-source thresholds and as such project impacts would be less than significant.
Impact BIO-1: The project could result in a substantial adverse effect, either directly or through habitat modifications, on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (potentially significant impact).
Mitigation Measure(s)
BIO-1: Prior to the start of grading, construction, or any other ground-disturbing activity, a pre-construction survey shall be conducted by a qualified biologist to identify occupied San Francisco dusky-footed woodrat middens onsite. Where feasible, occupied middens shall be avoided and a minimum five (5) foot non-disturbance buffer, or greater buffer as otherwise recommended by a qualified biologist, shall be established, maintained, and monitored throughout project construction. Additionally, a minimum five (5) foot non-disturbance buffer, or greater buffer as otherwise recommended by a qualified biologist, shall be established between the eastern limit of proposed development activities and the densely vegetated, impenetrable hazelnut scrub habitat.
BIO-2: To address potential impacts to San Francisco dusky-footed woodrats, a Relocation Plan prepared by a qualified biologist, shall be prepared and submitted to the City of Pacifica and the California Department of Fish and Wildlife for review and approval. At a minimum, the Relocation Plan shall include, but is not limited to, the following:
• Nests requiring relocation shall be dismantled by construction crews by hand and under the direct supervision of a qualified biologist.
• Each member of the construction crew shall receive an environmental awareness
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 12 training regarding San Francisco dusky-footed woodrat ecology and specifics of the Relocation Plan.
• All material removed during nest dismantling shall be moved into the Relocation Area, as determined by the qualified biologist, and constructed into piles suitable for habitation or use as refugia.
• If an active nest requires removal, the following phased dismantling protocol shall be implemented:
Remove at least 50-100% of the existing canopy cover and begin dismantling. After partially dismantling the nest, leave nest alone for two to four days to allow woodrats to disperse on their own. After two to four days, continue to disassemble nest by hand. Plan to completely dismantle in two to three sessions. If young are present, the construction crew and qualified biologist shall cease dismantling of the nest for 48 hours to allow the adult to move the young. If the young have been moved and the nest is vacant, nest removal may resume. • If an inactive nest (as determined by a qualified biologist) needs to be removed, it may be removed completely in one day. If woodrats are observed within or fleeing from the nest, the nest will be considered active and relocated using a phased approach.
BIO-3: To offset the loss or disturbance of foraging habitat (native forbs and shrubs) for the special-status obscure bumble bee (Bombus caliginosus), plant species that are known nectar sources of the obscure bumble bee shall be replaced at a 2:1 ratio, or as otherwise recommended by a qualified biologist and CDFW and shall be included in a revised landscaping plan. Plant species shall be sited in concentrated locations selected in consultation with a qualified biologist and CDFW as necessary to ensure the long-term survival of such plants and to limit disturbance throughout project operation. Plant species known to benefit the obscure bumble bee include but are not limited to Ceanothus, Cirsium, Clarkia, Lathyrus, Lotus, Lupinus, Rhododendron, Rubus, Trifolium, and Vaccinium. As part of the update to the landscaping plans, selected bee-friendly species and planting locations shall be confirmed by a qualified biologist in consultation with the City of Pacifica.
BIO-4: If construction commences during the rainy season, a qualified biologist shall conduct a pre-construction survey for California red-legged frog no more than five days prior to commencement of ground disturbing activities. In the event that California red-legged frogs are found onsite, the qualified biologist in consultation with CDFW shall provide recommendations for relocation of individuals and installation of exclusion fencing. At the recommendation of CDFW and the qualified biologist and based on factors including the migration window for red-legged frog, rainfall, and inundation, exclusion fencing shall be installed. Exclusion fencing shall be inspected and maintained under the supervision of a qualified biologist. Results of the survey and recommendations for relocation and exclusion
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 13 fencing shall be submitted to the City of Pacifica.
BIO-5: To avoid potential impacts to special-status bats, a qualified biologist shall conduct a pre-construction survey of all structures and trees that would be impacted by the project, no more than 15 days prior to demolition, tree removal, or commencement of ground disturbing activities. Results of the preconstruction survey shall be documented by a qualified biologist and provided to the City of Pacifica. If special-status bat species are found roosting in building or trees proposed to be removed, the biologist shall determine if there are young present (i.e., the biologist should determine if there are maternal roosts). If young are found roosting in any tree or building proposed for removal, such impacts shall be avoided until the young are flying and feeding on their own. A 100 foot non-disturbance buffer, or as otherwise specified by a qualified biologist, installed with orange construction fencing shall be established around maternity site. If adults are found roosting in a tree or building on the project site but no maternal sites are found, then the adult bats can be flushed, or a one-way eviction door can be placed over the tree cavity for a 48-hour period prior to the tree removal or building demolition. If bats or evidence of bats are detected during the pre-construction surveys, the applicant shall notify the City of Pacifica and the CDFW regarding bat eviction protocol and submit a plan for review and acceptance by the City of Pacifica and the CDFW.
BIO-6: Should construction activities commence during the bird nesting season (February 1 to August 31), a pre-construction nesting bird survey shall be conducted by a qualified biologist no more than 14 days prior to the start of construction activities. Areas within 500 feet of construction shall be surveyed for active nests. Should active nests be identified, a 100 foot buffer for passerines and 300 foot buffer for raptors shall be established, or as otherwise specified by a qualified biologist based on the needs of the species as set forth by CDFW and shall be maintained until a qualified biologist verifies that the nestlings have fledged, or the nest has failed. Should construction activities cease for 14 consecutive days or more within the nesting season, an additional nesting bird survey shall be required prior to resuming construction. Results of the pre-construction nesting bird survey shall be submitted to the City of Pacifica.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 14 The required surveys and protection measures for the San Francisco dusky-footed woodrat, California red-legged frog, special status bats, and nesting birds would prevent harm to these species as a result of construction activities. Therefore, after applying the mitigation measures listed above, impacts to special status species would be less than significant.
Additionally, though foraging habitat for the obscure bumblebee will be removed as part of the project, the provision for planting of replacement habitat would result in less than significant impacts to this species.
Impact BIO-3: The project could have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other mean (potentially significant impact).
Mitigation Measure(s)
BIO-7: Indirect impacts to the seasonal wetlands and jurisdictional drainage feature shall be avoided through implementation of best management practices (BMPs) prior to earthwork.
Construction exclusion zones shall be established by installing appropriate construction fencing, silt fencing, wildlife friendly hay wattles (no monofilament netting), gravel wattles, and other protective measures between project activities and the seasonal wetlands and drainage feature.
All non-native, invasive vegetation removed shall be discarded offsite and away from wetland areas to prevent reseeding.
Prior to implementation of the construction project, a biological monitor shall inspect installation of BMPs to ensure proper protection of the seasonal wetlands and jurisdictional drainage feature areas are in place. BMPs shall thereafter be routinely inspected by the construction manager to ensure BMPs remain in place for the duration of construction activities. Upon completion of project construction all exclusion fencing shall be removed along with any temporary BMPs.
BIO-8: A total of 0.063 acres of potential wetlands were identified in the project area. In the event that wetland plants are removed, altered, or destroyed along the edges of the concrete drainage ditch during repair/replacement of the concrete drainage ditch, the applicant shall replant these areas with native wetland plants at a 1:1 ratio to ensure continued viability of the wetlands.
BIO-9: To avoid impacts to jurisdictional waters and wetlands throughout project operation, plans submitted for building permit shall be revised to include a split rail fence with minimum
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 15 three foot and maximum 6 foot height along the boundary between the recreational field and seasonal wetlands and concrete drainage ditch located at the southeast portion of the project site to preclude access and limit foot traffic within the drainage and wetland features.
The design of the fence shall be submit to review and approval by the Planning Director.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
The project includes construction within 100 feet of an existing wetland which could result in impacts associated with construction activities. However, the project is required to implement best management practices such as establishment of construction exclusion zones installation of silt fencing, wildlife friendly hay wattles, gravel wattles, and other measures that would ensure the protection of wetlands onsite during construction. In addition, the project proposes repair of an existing drainage ditch, which is subject to the United States Army Corps of Engineers (USACE) Nationwide Permit 41. The project does not propose removal, fill, or hydrological interruption of existing wetlands adjacent to the drainage ditch, however, it is possible that construction activities could result in damage or removal of wetland plants. The project has been provisioned to replace wetland plants at a ratio of 1:1 in the event that such plants are removed, altered, or destroyed during construction. With implementation of best management practices and the provision for wetland plants to be replaced, impacts of the project on wetlands during construction would be less than significant.
As the wetlands onsite are located in an area that will be used for recreation purposes, operation of the project could result in impacts to wetlands onsite. However, the requirement to include split rail fencing to exclude foot traffic from the wetland area will reduce impacts during project operation to less than significant.
Impact BIO-5: The project could conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (potentially significant impact).
Mitigation Measure(s)
AES-1: (see above under Impact AES-3)
Finding
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 16 Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Implementation of the project will result in removal of seven mature heritage and nonheritage trees that contribute to the existing visual character of the site and its surroundings.
However, measure AES-1 requires planting of replacement trees at a 2:1 ratio, as well as protection of trees to be retained onsite which reduces the project’s potential impacts to less than significant.
Impact C/TCUL-2: Implementation of the project could potentially cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (potentially significant impact).
Mitigation Measure(s)
C/TCUL-1: Prior to commencement of ground-disturbing activities, project supervisors, equipment operators, and other members of the construction team overseeing or conducting ground-disturbing activities shall receive one or more preconstruction Cultural Awareness Trainings by a Secretary of Interior-qualified archaeologist. The Training(s) shall educate and familiarize supervisors, contractors, and equipment operators with the potential to encounter archaeological resources, the types of archaeological material that could be encountered, and procedures to follow if archaeological deposits and/or artifacts are encountered during construction.
C/TCUL-2: In the event that an archaeological deposit is encountered during grounddisturbing activities, all work within 50-feet of the discovery shall be redirected until a Secretary of Interior-qualified archaeologist is retained to inspect the material and provide recommendations for appropriate treatment of the resource pursuant to regulations and guidelines set forth in the California Environmental Quality Act, including the involvement of Native American monitors if a prehistoric archaeological resource is identified. If avoidance of the archaeological resource is not feasible, the archaeological resource shall be evaluated for its eligibility for listing in the California Register of Historic Resources. In the event that archaeological resources are identified as eligible for listing on the CRHR, recommendations for proper treatment and handling shall be identified by the qualified archaeologist including, but not be limited to, avoidance or excavation in accordance with the Secretary of Interior’s Standards and Guidelines for Archaeological Documentation, which may include
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Packet Pg. 274 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 17 data recovery using standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials; and accessioning of archaeological materials and a technical data recovery report at a curation facility. Upon completion of the assessment, the archaeologist shall prepare a report to document the methods and results of the assessment. The report shall be submitted to the project applicant and the Northwest Information Center.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Due to past disturbance of the project site and surrounding area, including removal of native soils, placement of artificial fill, and undergrounding of the North Fork San Pedro Creek, there is a possibility that disturbed or redeposited archaeological resources could be encountered during excavation and grading of the site. Without proper care during the grading and excavation phases of the proposed project, unknown and potentially significant historic and prehistoric archaeological resources could be damaged or destroyed, if present. With implementation of Mitigation Measures C/TCUL-1 through C/TCUL-2, the proposed project impacts to archeological resources would be less than significant.
Impact C/TCUL-3: Implementation of the project could potentially cause a significant impact due to disturbance of human remains, including those interred outside of formal cemeteries (potentially significant impact).
Mitigation Measure(s)
C/TCUL-3: In the event that human remains are encountered during ground-disturbing activities, all work must stop within 100-feet of the discovery area, the area shall be secured to prevent further disturbance, and the San Mateo County Coroner shall be notified immediately. The Coroner will determine if the remains are precontact period Native American remains or of modern origin, and if any further investigation by the coroner is warranted. If the remains are believed to be precontact period Native American, the Coroner shall contact the Native American Heritage Commission by telephone within 24-hours. The NAHC will immediately notify the person believed to be the most likely descendant (MLD) of the remains. The MLD has 48-hours to make recommendations to the landowner for treatment or disposition of the human remains. If the MLD does not make recommendations
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 18 within 48-hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC. An archaeologist should also be retained to evaluate the historical significance of the discovery, the potential for additional remains, and to provide further recommendations for treatment of the site in coordination with the MLD.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
No known human burials have been identified on the project site or within recorded resources located in the vicinity. However, it is possible that unknown human remains could occur on the project site, and if proper care is not taken during grading and excavation, damage to or destruction of these unknown remains could occur, if present. Implementation of Mitigation Measure C/TCUL-3 would ensure that impacts to buried human remains, if present onsite, would be reduced to less than significant levels.
Impact C/TCUL-4: Implementation of the project could cause a substantial adverse change in the significance of a tribal cultural resource, including resources that are listed or eligible for listing in the CRHR, or in a local register of historical resources, or that are determined by the City of Pacifica to be significant pursuant to criteria set forth in Section 5024.1(c) of Public Resources Code (potentially significant impact).
Mitigation Measure(s)
C/TCUL-1: (see above under Impact C/TCUL-1)
C/TCUL-2: (see above under Impact C/TCUL-1)
C/TCUL-3: (see above under Impact C/TCUL-3)
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
There are no known Native American Sacred Sites on or within the immediate vicinity of the site nor are there any known tribal cultural resources on the project site. However, as stated
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 19 above under Impact C/TCUL-2, there is a possibility to encounter buried resources onsite.
The project is subject to Mitigation Measures T/TCUL-1 through T/TCUL-3 which require avoiding inadvertent impacts to prehistoric resources and human remains, should they be encountered during excavation and grading, the proposed project would not affect any known or unknown tribal cultural resources in the area. Therefore, with mitigation the proposed project would result in a less than significant impact on tribal cultural resources.
Impact GEO-1: The proposed project could potentially directly or indirectly result in substantial adverse effects, including the risk of loss, injury, or death involving fault rupture, strong seismic ground shaking, or seismic-related ground failure including liquefaction and landslides (potentially significant impact).
Mitigation Measure(s)
GEO-1: All applicable recommendations set forth in the Design Level Geotechnical Investigation prepared by Rockridge Geotechnical on August 20, 2020, for the subject property, including, but not limited to recommendations related to grading, drainage, excavation, foundations systems, and compaction specifications shall be implemented. Final grading plan, construction plans, and building plans shall demonstrate that recommendations set forth in the geotechnical reports have been incorporated into the final design of the project and to the satisfaction of the City of Pacifica City Engineer.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Due to the site’s location in a region of high seismicity the project would likely experience moderate to severe ground shaking during a seismic event, which could affect the proposed residences and other buildings onsite. The proposed project would comply with building requirements set forth by the State, which have been designed to reduce the likelihood of damage as a result of ground shaking. In addition, Mitigation Measure GEO-1 requires implementation of recommendations set forth in the design-level geotechnical report related to grading, drainage, excavation, foundation systems, and compaction specifications.
With implementation of Mitigation Measure GEO-1 the potential for seismically induced impacts associated with the proposed project would be less than significant.
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 20 Impact GEO-2: The proposed project could result in substantial soil erosion or the loss of topsoil (potentially significant impact).
Mitigation Measure(s)
GEO-2: Upon submittal of grading and drainage plans, the applicant shall demonstrate compliance with applicable requirements of Title 6, Chapter 12 (Stormwater Management and Discharge Control) of the City of Pacifica Municipal Code. Plans shall include identification of appropriate best management practices (BMPs) to prevent the discharge of construction wastes or contaminants from construction materials, tools, equipment, stockpiles, or exposed soil from entering the City storm water system or watercourses. Plans shall also demonstrate compliance with stormwater treatment requirements set forth in NPDES Permit No. CAS612008.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Construction of the project involves ground disturbing activities that have the potential to result in soil erosion or loss of topsoil. However, the project is subject to the erosion and sediment control requirements set forth in the City’s Municipal Code which requires incorporation of erosion, sediment, and pollution prevention BMPs during to prevent sediment from reaching the streets or entering the stormdrain system. Mitigation Measure GEO-2 requires that the project demonstrate compliance with the City’s requirements, which would result in less than significant impacts related to erosion during construction.
Impact GEO-3: The proposed project would be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse (potentially significant impact).
Mitigation Measure(s)
GEO-1: (see above under Impact GEO-1)
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
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Packet Pg. 278 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 21 The project is proposed on a relatively flat portion of the site and would not result in on- or off-site landslides. Though the eastern portion of the project site includes steep slopes, the project proposes a 10-foot retaining wall which is designed to resist lateral pressure from the adjacent hillside. Though existing soil conditions have the potential for geologic and soil instability, the project would not be affected by lateral spreading or liquefaction. To address existing soil instability, the project would be required to implement Mitigation Measure GEO1, which incorporates recommendations set forth in the design level geotechnical report.
Through incorporation of geotechnical recommendations, impacts resulting from construction on an unstable geologic unit or soils would be less than significant.
Impact GEO-4: The proposed project would be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property (potentially significant impact).
Mitigation Measure(s)
GEO-1: (see above under Impact GEO-1)
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Based on the findings of the geotechnical analysis prepared for the project, the site contains 35 feet of artificial fill comprised of loose to very dense gravels and sands with varying amounts of clay, underlain by alluvium and sandstone bedrock. To address the presence of expansive soils onsite, the Geotechnical Investigation provides recommendations related to site preparation, treatment of fill, and foundation design which are required to be implemented into the final design through Mitigation Measure GEO-1. Compliance with measure GEO-1 would reduce impacts related to the site’s location on expansive soils to less than significant.
Impact GEO-6: The proposed project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (potentially significant impact).
Mitigation Measure(s)
GEO-3: In the event that paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities, all ground disturbing
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Packet Pg. 279 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 22 activities shall halt, and a qualified paleontologist shall be procured to evaluate the discovery and make treatment recommendations.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Though there are no known paleontological resources on or in the immediate vicinity of the project site, there remains a potential for inadvertent discovery of unique paleontological or geological resources during ground disturbing activities. Mitigation Measure GEO-3 identifies procedures to be followed in the event of a paleontological discovery. With implementation of measure GEO-3, impacts resulting from direct or indirect destruction of a unique paleontological resource or unique geologic feature would be less than significant.
Impact GHG-1: Implementation of the proposed Pacifica School District Workforce Housing project would not generate greenhouse gas emissions, either directly or indirectly, that would result in a significant impact on the environment (potentially significant impact).
Mitigation Measure(s)
GHG-1: Prior to issuance of a demolition and/or grading permit, a GHG reduction plan shall be prepared and submitted to the City for review and acceptance. The plan shall, at a minimum demonstrate that at least 10% of the total building materials used for the project will be local building materials sourced from the San Francisco Bay Area Region and will reuse/recycle at least 50 percent construction waste and demolition material. In the event that these measures are not feasible, the plan shall identify suitable replacement to achieve equivalent or greater GHG emissions reductions.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Construction of the project would result in greenhouse gas emissions associated with mobile sources including operation of construction equipment, worker, and vendor trips. To reduce
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 23 GHG emissions during construction, the project is required to implement Mitigation Measure GHG-1, which requires preparation of a GHG reduction plan. With implementation of measure GHG-1, impacts of the project would be less than significant.
Impact HAZ-2: The proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (potentially significant impact).
Mitigation Measure(s)
HAZ-1: Prior to demolition of the existing structures, an asbestos survey shall be performed by a licensed asbestos inspector to identify all asbestos-containing materials and lead-based paint. The survey shall adhere to sampling protocols outlined by the Asbestos Hazard Emergency Response Act (AHERA) and shall incorporate the findings of the survey into a report to be submitted to the city. In the event that such substances are found, the report shall include appropriate removal and disposal protocols subject to requirements set forth by the Occupational Safety and Health Administration AHERA requirements, lead standard contained in 29 CFR 1910.1025 and 1926.62, and any other local, state, or federal regulations.
Treatment, handling, and disposal of these materials shall be performed by qualified professionals in accordance with applicable federal and state regulations, and shall be completed prior to demolition of the existing structures.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
Based on observations made during site surveys as well as the age of the school building and shed to be demolished as part of the project, asbestos containing materials (ACMs) and lead-based paint (LBP) are presumed to be present in existing structures onsite. Disturbance to ACMs and LBP during demolition activities has the potential to result in impacts to construction workers or the environment if not properly treated and removed. However, consistent with Mitigation Measure HAZ-1, a full survey of the building would be performed to identify all ACMs and LBP and appropriate removal and disposal protocols would be established prior to demolition. With implementation of measure HAZ-1, impacts would be less than significant.
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 24 Impact HAZ-7: The proposed project could expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.
Mitigation Measure(s)
HAZ-2: Upon submittal of a building permit the applicant shall submit a site-specific Vegetation Management Plan for review and approval by the City of Pacifica and the North County Fire Authority. The Plan shall:
1. Remove all vegetation within the site listed on the San Mateo County list of “Fire Prone (Pyrophytic) Plants” except for isolated specimen plants. a. Existing isolated or newly planted specimens shall meet the vertical and horizontal spacing guidelines.
2. Maintain and plant all trees and shrubs to the specifications identified in ‘Plant and Tree Spacing’, ‘Vertical Spacing’, and ‘Horizontal Spacing’ as outlined in the Plan “Fire Safe Landscaping” guide.
a. An evaluation of slope implications shall be reflected when determining the landscape.
b. All plantings shall be from the Plan “Firescaping with Native Plants” or otherwise fire resistive plantings.
3. Maintain an ember zone of 5 feet around all buildings pursuant to California Government Code (CGC) 51182 (5)(1), (2) within the Project.
a. The ember zone shall be maintained to remove weeds and other combustible materials on a minimum monthly basis.
4. Maintain all landscaping and vegetation on the Project site on a regular basis as part of a regular landscape maintenance program.
a. All vegetation shall be irrigated as needed to maintain the vegetation in a healthful condition.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
The project site is located within the Wildland Urban Interface (WUI) and is adjacent to an
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Packet Pg. 282 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 25 area designated as a moderate fire hazard severity zone which could expose people or structures to hazards associated with wildland fires. Based on the site’s vulnerability to wildland fires, compliance with California Building Code for construction within the WUI would be required. Furthermore, the project would be required to implement Mitigation Measure HAZ-2, which requires preparation of a site-specific Vegetation Management Plan that complies with the Vegetation Management Plan Memo prepared for the project as well as the Fire Safe San Mateo County Defensible Guidelines. Through compliance with the California Building Code as well as implementation of measure HAZ-2, impacts related to hazardous conditions caused by wildland fires would be less than significant.
Impact NOI-1: The proposed project could involve generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies (potentially significant impact).
Mitigation Measure(s)
NOI-1: Construction activities shall comply with the following best management practices to minimize noise levels from the proposed development:
• Construction will be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
• The contractor shall use “new technology” power construction equipment with state-ofthe-art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poorly maintained engines or other components.
• Staging areas and stationary noise-generating equipment shall be located as far as possible from noise-sensitive receptors, such as residential uses (a minimum of 200 feet). • Ensure that generators, compressors, and pumps are housed in acoustical enclosures. • Locate cranes as far from adjoining noise-sensitive receptors as possible. • During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible. • Substitute nail guns for manual hammering and electrically powered tools for noisier pneumatic tools, where feasible.
• The adjacent residences within 200 feet of the project site shall be notified not less than 96 hours prior to the start of each phase of the project, including but not limited to demolition, grading, and construction. Notifications shall indicate the hours of operation and planned timeline for the respective phase.
• A “noise disturbance coordinator” shall be designated to respond to any local complaints
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Packet Pg. 283 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 26 about construction noise. The disturbance coordinator would determine the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
The temporary or periodic increases in noise that would result from activities such as demolition, site preparation, grading, excavation, material hauling, deliveries, and foundation work would be significant. To minimize noise levels during construction, Mitigation Measure NOI-1 requires implementation of noise abatement measures including limiting construction hours from 7 a.m. to 7 p.m. on weekdays and 9 a.m. to 5 p.m. on weekends (consistent with standard Pacifica construction hours); staging equipment as far as possible from sensitive uses; using acoustical enclosures; substituting certain equipment for quieter alternatives where possible; notifying residents of construction; and designating a noise disturbance coordinator. With implementation of measure NOI-1 project impacts associated with construction activities would be reduced to less than significant.
Impact TRA-3: The project will not substantially increase hazards due to a geometric design or incompatible uses (potentially significant impact).
Mitigation Measure(s)
TRA-3: To maintain adequate sight lines at the project driveways, signage and landscaping introduced onsite within close proximity of the driveways shall be maintained such that lowlying shrubs remain at a height lower than three feet from ground level and that tree branches be no less than seven feet in height from ground level. The applicant shall be responsible for maintaining adequate sight lines from the project driveways.
TRA-4: Parking shall be prohibited south of the project driveway along Oddstad Boulevard for a distance of at least 30 feet. To ensure parking does not occur in this area, curbs shall be painted red subject to review and approval by the North County Fire Authority.
Finding
Changes or alteration have been required in, or incorporated into the project, which avoid
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Packet Pg. 284 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 27 or substantially lessen the significant environmental impact identified in the EIR.
Facts in Support of Finding
The project could result in significant transportation hazards if not designed properly.
Mitigation Measures TRA-3 and TRA-4 require that the project be designed to provide adequate site lines for vehicles exiting the site onto Oddstad Boulevard. Compliance with measures TRA-3 and TRA-4 would reduce potential impacts resulting from a geometric design hazard to less than significant.
Impact TRA-2: The project will conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (B) (significant impact).
Mitigation Measure(s)
TRA-1: Upon submittal of plans for building permit, the applicant shall submit a list of Transportation Demand Management strategies to be implemented district-wide. TDM strategies shall be clearly defined in terms of location, extent, timing, and responsibility for implementation. Strategies may include, but are not limited to the following:
• Safe Routes to School. Pursue grants to fund pedestrian and bicycle improvements around Pacifica School District schools to increase safety for students and staff walking and bicycling.
• Install Bike Racks. Identify Pacifica School District schools where more bicycle racks are needed. Once identified, install as needed.
• Install e-bike Charging Stations. Install e-bike charging systems in secure bike parking facilities at Pacifica School District schools.
• Samtrans Flex Services. Continue to partner with Samtrans to establish fixed-route services to Pacifica School District schools. Coordinate with Samtrans on possible flex services (such as dial-a-ride) to serve schools with lower demand. • Shuttle Services. Partner with the Jefferson Union High School District to fund shuttle services to Pacifica schools.
TRA-2: To promote electric vehicle ownership and reduce GHG emissions associated with vehicles traveling to and from the site, install electric vehicle (EV) charging infrastructure and equipment as required by the 2022 California Building Standards Code and any City of Pacifica local amendments thereto.
Finding
Under Public Resources Code section 21081(a)(1) and CEQA Guidelines sections 15091(a)(1) and 15092(b), the City determines that impacts related to the project’s vehicle miles traveled
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Packet Pg. 285 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 28 (VMT) generation remain significant and unavoidable despite incorporation of Mitigation Measures TRA-1 and TRA-2, set forth above. Further, the City finds that the significant and unavoidable impact is acceptable due to the overriding considerations described below. The City also finds that further mitigation measures and Alternatives that may reduce the significance of any of these impacts are rejected as infeasible for the reasons provided below.
Facts in Support of Finding
There are no feasible mitigation measures identified that would reduce project-level VMT impacts to less than significant. Other potentially effective on-site VMT measures, such as increasing the density would not result in a quantifiable reduction of project-generated VMT given the project site’s location within the regional context and at the edge of City limits, the project site’s land use designation, and zoning provisions.
The project would be required to implement Mitigation Measure TRA-1, which sets forth transportation demand management (TDM) strategies implemented throughout the Pacifica School District. Given that there is limited evidence to support VMT reductions from such TDM strategies, it is not feasible to quantify VMT reductions of the alternative mode programs. Programs identified as potential mitigations are intended to encourage staff and students to walk, bike, or use transit, however, given the conceptual nature of these programs and the level of staff and student participation, the resulting VMT reduction could not be known at the time of preparation of the EIR. Furthermore, many of the strategies identified in measure TRA-1 are complementary to one another such as Safe Routes to School and installation of more bike racks and e-bike charging stations, which makes isolating their effectiveness difficult. Nonetheless, measures that encourage alternative transportation can help reduce VMT, and as such the project would be required to incorporate such measures. Programs that are intended to increase bus or shuttle service to the schools would also help to reduce VMT, however, these services are not in place at the time and therefore the level of reduction is not known. Based on the lack of quantitative data available, project VMT cannot be reduced below the VMT threshold of 15% and there are no additional feasible mitigation measures identified that would reduce project-level VMT impacts to less than significant.
Though the project will result in a significant and unavoidable impact related to project VMT, as noted in the DEIR, the General Plan Update and Sharp Park Specific Plan EIR (SCH No. 2012022046), certified by the City Council on July 11, 2022, also concludes that implementation of the General Plan will result in significant and unavoidable impacts related
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Packet Pg. 286 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica School District Workforce Housing
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 29 to VMT and the City Council adopted a statement of overriding considerations for the General Plan (Resolution 45-2022). The project is consistent with the General Plan as residential development at the project site has already been anticipated and significant and unavoidable VMT impacts have already been considered.
The above Findings are made in conjunction with a Statement of Overriding Considerations, which is simultaneously being adopted for the project (see Section 3).
The Final EIR analyzed three alternatives to the project, examining the environmental impacts and feasibility of each alternative, as well as the ability of the alternatives to meet project objectives. The project objectives are listed in Chapter 3 (Project Description) of the Draft EIR; the potentially significant environmental effects of the project, including feasible mitigation measures identified to avoid these impacts, are analyzed in Chapter 4 (Environmental Evaluation) of the Draft EIR; and the alternatives are described in detail in Chapter 6 (Alternatives) of the Draft EIR. Brief summaries of the alternatives analyzed are provided below. All analysis in Final EIR Chapter 6 is incorporated by reference.
The No Project alternative is the continuation of existing conditions on the project site, which is developed with the former Oddstad School complex, closed by the Pacifica School District in 2005, and used for storage since 2019. The site includes a single-story school complex, circulation improvements such as driveways, parking areas, and pedestrian pathways, recreational fields and courts, landscaping, fencing, and an undeveloped hillside area along the eastern portion of the site. The existing recreational fields are publicly accessible and are used for both organized sports and individual recreation activities. Under the No Project alternative, no physical alterations would be made, and the site would continue to be used as storage and publicly accessible recreation.
The Park Pacifica Highland Subdivision: 54 Single Family Residences alternative represents an alternative that could occur based on the existing Low Density Residential General Plan Land Use designation, R-1 zoning designation, and underlying single family residential subdivision, originally recorded in 1965 with the County of San Mateo. The subdivision includes 56 single family lots, two remainder lots adjacent to the city-owned Frontierland Park, and four dedicated public rights-of-way. Since recordation of the subdivision in 1965,
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 30 Lots 54 and 55, along Big Bend Drive to the north of the project site, have been developed.
As such, lots 54 and 55 are presumed to no longer be part of the subdivision and are therefore not considered in this alternative.
Under this alternative, the existing lots on the project site would be used for development rather than a re-subdivision of the land as proposed with the project. The entire 12.49-acre site, with the exception of the approximately 2.02-acre hillside area to the east (referred to as Lot D on the subdivision map), would be developed with single-family residences, including the existing recreational field at the southern portion of the site. Of the 54 single family residences, this alternative assumes construction of 16 accessory dwelling units (ADUs) for a total of 70 units on 54 lots. Development of the single-family residences and ADUs would be subject to regulations contained in Section 9-4.402 of the Pacifica Municipal Code, which permits a maximum of 40% lot coverage, and maximum building height of 35- feet. In addition, development of 54 single family residences and 16 ADUs would be subject to the minimum setbacks, landscaping, and parking requirements of the Municipal Code.
Under this alternative, new water, sewer, and storm drain facilities would be installed to accommodate the residential units and the four dedicated rights-of-way shown on the subdivision map would be paved, and curb, gutter, and sidewalks would be installed.
The Variation of Site Layout and Unit Types Alternative assumes that Lot 1, at the southern portion of the project site, would be retained as a recreational field for use by the public, and Lots 2 and 3, totaling 7.47 acres would be developed in a varied layout and with a different unit mix as compared to the proposed project. Under this alternative, Building A, located at the eastern portion of Lot 2 would be relocated to the area of Buildings B1 and B2 and would include an additional floor with 14 units. The height of Building A would increase from 30- feet to approximately 40-feet. Under this alternative, the site would be rezoned from R-1 to Planned Development (P-D), which provides for flexibility in building height if the findings in Section 9-4.2211(a) of the PMC can be made. In addition to modification of the location of Building A, under this alternative, Building B3 would be modified to eliminate two units for a total of four units. Under this alternative, the unit count and mix would be as follows:
• Building A (41 units)
2.0 32 one-bedroom
3.0 9 two-bedroom
Building B3
4.0 2 two-bedroom
5.0 2 three-bedroom
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 31 Buildings C1 and C2 (no change)
6.0 2 two-bedroom
7.0 2 three-bedroom
Building D (no change)
8.0 11 one-bedroom
9.0 6 two-bedroom
1. The City Council finds that changes or alterations to the project as evaluated in the Draft EIR have been required of, or incorporated into the project that avoid or substantially lessen significant environmental effects.
2. The EIR evaluated a reasonable range of alternatives to the project. The City Council adopts the EIR's analysis and conclusions eliminating alternatives for an adaptive reuse of the existing school complex, increased density, and alternative site location from further consideration.
3. The potentially feasible alternatives analyzed in the EIR, including the No Project/No Development alternative required by CEQA, represent a reasonable range of potentially feasible alternatives that reduce one or more significant impacts of the proposed project.
These alternatives include: (1) Alternative 1: No Project/No Development; (2) Alternative 2: Park Pacifica Highland Subdivision: 54 Single Family Residences; and (3) Alternative 3:
Variation of Site Layout and Unit Mix. As presented in the EIR, the alternatives were described and compared with each other and with the proposed Project.
4. The City Council certifies that it has independently reviewed and considered the information on alternatives provided in the EIR and in the record. The EIR reflects the City Council's independent judgment as to alternatives. The City Council finds that the project provides the best balance between the project sponsor's objectives, the City's goals and objectives, the project's benefits, and mitigation of environmental impacts. The three CEQA alternatives evaluated in the EIR are rejected for the following reasons. Each individual reason presented below constitutes a separate and independent basis to reject the alternatives.
5. No Project/No Development Alternative: The No Project/No Development Alternative would not achieve the property’s, highest and best use or realize residential development as provided by the Low Density Residential land use designation and as planned for in the City of Pacifica 2040 General Plan. Furthermore, the No Project/No Development Alternative would fail to meet all stated project objectives, would be inconsistent with the General Plan objectives and land use designations, and would not provide housing
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 32 needed to meet the city’s RHNA obligation.
6. Alternative 2: Park Pacifica Highland Subdivision: 54 Single Family Residences: The Park Pacifica Highland Subdivision: 54 Single Family Residences Alternative would result in new or increased impacts to biological resources, hydrology and water quality, recreation, and utilities and service systems relative to the proposed Project.
Furthermore, the Park Pacifica Highland Subdivision: 54 Single Family Residences Alternative would fail to meet some of the stated project objectives as it would not provide workforce housing for current and future staff members of the Pacifica School District, would not provide rental rates and lease terms that enable and improve the District’s ability to retain and attract qualified faculty and staff, and would not maintain and expand recreational opportunities on site for use by the surrounding neighborhood, future residents, and organized recreational groups.
7. Alternative 3: Variation of Site Layout and Unit Mix Alternative: The Variation of Site Layout and Unit Mix Alternative would be incompatible with the surrounding singlefamily residential neighborhood as it would introduce an approximately 40-foot (3 story) building to an area predominantly consisting of one and two story single family homes.
Additionally, VMT impacts would remain significant and unavoidable and other environmental impacts identified would not be substantially reduced.
CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable risks when determining whether to approve a project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable. CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record.
In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, avoid or substantially lessen virtually all of the significant effects identified in the Draft and Final EIR. Nonetheless, one significant impact of the project is unavoidable even after incorporation of all feasible mitigation measures. The significant unavoidable impact is identified and discussed in Section 2.4 of
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 33 these Findings. The City further specifically finds that notwithstanding the disclosure of the significant unavoidable impacts, there are specific overriding economic, legal, social, and other reasons for approving the project. Each of the following reasons in Section 3.1 provides an independent basis to support the override of the following significant and unavoidable impact:
Impact TRA-2: The project will conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (B) (significant impact).
1. The project will redevelop a previously developed and underutilized 12.4-acre property in an established residential neighborhood.
2. The project would enhance the property by removing aging facilities, upgrading utilities, and improving landscaping, including providing stormwater management facilities onsite.
3. The project will maintain the eastern portion of the lot in a natural state providing a visual and biological transition to the Frontierland Park which is owned and operated by the City.
4. Through a Development Agreement (DA), which would vest the right to develop the property for 15 years, the School District would dedicate 1.4 acres onsite as parkland and would preserve an additional 3.5 acres for public use for at least 20 years.
5. The DA also seeks to make the 3.5 acres available for public use beyond 20 years. As provided therein, the Pacifica School District would provide notice to the City on how the
3.5 acres may be used to further the School District’s mission. Should removal of the 3.5 acres from public use be proposed, such removal and any new use would be subject to review and approval by the City; and if the School District intends to sell the 3.5 acres, the City has the right of first offer to purchase the 3.5 acres.
6. Other public benefits provided by the project include a bathroom/changing room, field drainage improvements, parking lot striping, and periodic use of residents’ commons building.
7. The Pacifica School District Workforce Housing Project would benefit Pacifica residents by attracting quality teachers and school employees to work and live in the city.
8. The project would contribute 70 new residential units to the city inclusive of 11 below market rate (BMR) units, affordable to low- and moderate-income households consistent with the City of Pacifica’s Below Market Rate Program, 34 subsidized units for teachers
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 34 and School District employees, and up to 25 market rate units to assist in subsidizing the other units.
9. By providing subsidized and below market rate housing, the project would help to address challenges experienced by the Pacifica School District in competing for and retaining qualified teachers and other School District employees due to the high cost of living in the San Francisco Bay Area. The proposed project will help to attract and retain teachers by lowering the cost of living associated with housing.
10. The project would contribute to the City’s existing housing inventory and assist in meeting the City’s Regional Housing Needs Allocation across a variety of income levels.
11. Though the EIR identified a significant and unavoidable impact associated with VMT, providing affordable housing options proximate to jobs is consistent with state and local goals as it would help to reduce vehicle miles traveled associated with living and working in a different city, thereby reducing greenhouse gas emissions.
The Council finds that the Pacifica School District Workforce Housing Project has been carefully reviewed and that mitigation measures have been included in the Final EIR to be certified by the Council. Nonetheless, the proposed project, as was previously concluded by the EIR prepared for the 2040 General Plan, will result in environmental effects due to VMT that cannot be avoided or substantially lessened. As to these significant environmental effects that are not avoided or substantially lessened to a point less than significant, the Council finds that specific fiscal, economic, social, technological, or other considerations make additional mitigation of those impacts infeasible, in that all feasible mitigation measures have been incorporated into the proposed project.
The Council has carefully considered all environmental impacts that have not been mitigated to a less than significant level, as listed above. The Council has also carefully considered the fiscal, economic, social, and environmental benefits of the proposed project, as listed above, and compared these with the benefits and impacts of the alternatives. The Council has balanced the fiscal, economic, social, and environmental benefits of the proposed project against its unavoidable and unmitigated adverse environmental impacts and, based upon substantial evidence in the record, has determined that the benefits of the proposed project outweigh, and therefore override, the remaining adverse environmental effects. Such benefits provide the substantive and legal basis for this Statement of Overriding Considerations.
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 35 In approving the Pacifica School District Workforce Housing project, the Council makes the following Statement of Overriding Considerations pursuant to Public Resources Code Section 21081 and State CEQA Guidelines Section 15093 in support of its findings on the Final EIR:
1. The Council has considered the information contained in the Final EIR and has fully reviewed and considered all public testimony, documentation, exhibits, reports, and presentations included in the record of these proceedings. The Council specifically finds and determines that this Statement of Overriding Considerations is based upon and supported by substantial evidence in the record.
2. The Council has carefully weighed the benefits of the proposed project against any adverse impacts identified in the Final EIR that could not be feasibly mitigated to a level of insignificance, which are listed below. While the Council has required all feasible mitigation measures, such impacts remain significant for purposes of adopting this Statement of Overriding Considerations:
a. Impact TRA-2: The project will conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (B) (significant impact).
1. The City, acting through the Planning Division, is the “Lead Agency” for the project evaluated in the EIR. The City finds that the EIR was prepared in compliance with CEQA and the CEQA Guidelines. The City finds that it has independently reviewed and analyzed the EIR for the project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment and analysis of the City in accordance with Public Resources Code Section 21082.1(c)(3).
2. The DEIR evaluated the following potential project and cumulative environmental impacts: aesthetics, air quality, biological resources, cultural and tribal cultural resources, geology and soils, greenhouse gas emissions, hydrology and water quality, land use and planning, noise, population and housing, public services, transportation and traffic, utilities and service systems, and wildfire. Additionally, the EIR considered, in separate sections, Significant Irreversible Environmental Changes and Growth Inducing Impacts.
The significant environmental impacts of the project, as well as other alternatives were identified in the DEIR.
3. The City finds that the DEIR provides objective information to assist the decision makers and the public at large in their consideration of the environmental consequences of the
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 36 project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit comments regarding the Draft EIR. The Final EIR was prepared after the review period and responds to comments made during the public review period.
4. The Planning Division evaluated comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the Planning Division prepared written responses describing the disposition of significant environmental issues raised. The Final EIR provides adequate, good faith and reasoned responses to the comments. The Planning Division reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the Draft EIR. The Lead Agency has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR.
5. Having reviewed the information contained in the Draft EIR, the Final EIR, and the administrative record, as well as the requirements of CEQA and the CEQA Guidelines regarding recirculation of Draft EIRs, the City finds that there is no new significant impact, substantial increase in the severity of a previously disclosed impact, significant new information in the record of proceedings or other criteria under CEQA that would require recirculation of the Draft EIR, or that would require preparation of a supplemental or subsequent EIR. Specifically, the City finds that:
a. The Responses to Comments contained in the Final EIR fully considered and responded to comments claiming that the project would have significant impacts or more severe impacts not disclosed in the Draft EIR and include substantial evidence that none of these comments provided substantial evidence that the project would result in changed circumstances, significant new information, considerably different or feasible mitigation measures, or new or more severe significant impacts than were discussed in the Draft EIR.
b. The City has thoroughly reviewed the public comments received regarding the Project and the Final EIR as it relates to the project to determine whether under the requirements of CEQA, any of the public comments provide substantial evidence that would require recirculation of the EIR prior to its adoption and has determined that recirculation of the EIR is not required.
c. None of the information submitted after publication of the Final EIR, including testimony at the public hearings on the project, constitutes significant new
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 37 information or otherwise requires preparation of a supplemental or subsequent EIR.
The City does not find this information and testimony to be credible evidence of a significant impact, a substantial increase in the severity of an impact disclosed in the Final EIR, or a feasible mitigation measure or alternative not included in the Final EIR. d. The mitigation measures identified for the project were included in the Draft and Final EIR. The final mitigation measures for the Project are described in the Mitigation Monitoring and Reporting Program (MMRP). Each of the mitigation measures identified in the MMRP is incorporated into the project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the MMRP.
6. CEQA requires the Lead Agency approving a project to adopt a MMRP or the changes to the project which it has adopted, or made a condition of project approval, in order to ensure compliance with the mitigation measures during project implementation. The mitigation measures included in the EIR as certified by the City and in the MMRP as adopted by the City serve that function. The MMRP includes all mitigation measures adopted by the City in connection with approval of the project and has been designed to ensure compliance with such measures during implementation of the project. In accordance with CEQA, the MMRP provides the means to ensure that the mitigation measures are fully enforceable. In accordance with the requirements of Public Resources Code Section 21081.6, the City hereby adopts the MMRP.
7. In accordance with the requirements of Public Resources Code § 21081.6, the City hereby adopts each of the mitigation measures expressly set forth herein as conditions of approval for the Project.
8. The custodian of the documents or other materials which constitute the record of proceedings upon which the City decision is based its decision making is the City of Pacifica, Planning Division.
9. The City finds and declares that substantial evidence for each and every finding made herein is contained in the EIR, which is incorporated herein by this reference, or is in the record of proceedings in the matter.
10. The City is certifying an EIR for, and is approving and adopting Findings for, the entirety of the actions described in these Findings and in the EIR as comprising the Pacifica School District Workforce Housing project.
11. The EIR is a project EIR for purposes of environmental analysis of the Pacifica School District Workforce Housing project. A project EIR examines the environmental effects of
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS 38 a specific project. The EIR serves as the primary environmental compliance document for entitlement decisions regarding the project by the City and the other regulatory jurisdictions.
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EXHIBIT B
Mitigation Monitoring and Reporting Program (MMRP)
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[Page Intentionally Blank]
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9 3.0Mitigation Monitoring and Reporting Program
MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
AESTHETICS
AES-1: All applicable Tree Protection Recommendations set forth in the Arborist Report prepared by Traverso Tree Service on March 18, 2020, for the subject property, including, but not limited to recommendations related to protection of Monterey pines (trees 25-27) and Monterey cypress (trees 1-12, 16-20) during the pre-construction, demolition, foundation, grading, construction, and landscaping phases of the project shall be implemented. Final grading plans, construction plans, and building plans shall demonstrate that recommendations set forth in the Arborist Report have been incorporated into the final design of the project.
Plans shall also demonstrate compliance with the planting size, species, and ratio recommendations set forth in the Tree Replacement Recommendation Memorandum prepared by Traverso Tree Services on June 17, 2020. Protection measures and replacement trees shall be subject to review and approval by the City of Pacifica Planning Department.
Review and
Approval by
Planning
Department.
Prior to
Issuance of
Demolition,
Grading, or
Building Permit.
Applicant,
Planning
Department.
AIR QUALITY
AQ-1: Latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust during all construction activities shall be incorporated into all demolition and construction plans to require implementation of the following:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per Review and
Approval by
Planning and
Building
Department.
Prior to
Issuance of
Demolition,
Grading, or
Building Permit.
Applicant,
Planning
Department.
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10 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
AQ-2: Prior to issuance of a demolition and/or grading permit, a plan to reduce diesel particulate matter emissions by at least 60 percent shall be prepared and submitted to the City for review and acceptance. The plan shall include, but not be limited to, the following strategies:
1. All construction equipment larger than 50 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S.
EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible. Alternatively, the plan may include:
a. Equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control Review and
Approval by
Planning and
Building
Department.
Prior to
Issuance of
Demolition or
Grading Permit.
Applicant,
Planning
Department.
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11 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
devices that altogether achieve a 60 percent or greater reduction in particulate matter exhaust in comparison to uncontrolled equipment.
b. Alternatively fueled or electric equipment.
2. Alternatively, the applicant may develop a construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 60 percent or greater. The construction operations plan shall be subject to review by an air quality expert and approved by the City prior to construction. Elements of the plan could include a combination of the following measures:
a. Use Tier 4 or alternatively fueled equipment;
b. Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors;
c. Use of electric-powered equipment;
d. Use of electric or propane/natural gas-powered forklifts and aerial lifts;
e. Change in construction build-out plans to lengthen phases; f. Implementation of different building techniques that result in less diesel equipment usage.
BIOLOGICAL RESOURCES
BIO-1: Prior to the start of construction, a pre-construction survey shall be conducted by a qualified biologist to identify occupied San Francisco dusky-footed woodrat middens onsite. Where feasible, occupied middens shall be avoided and a minimum five (5) foot non-disturbance buffer, or as otherwise recommended by a qualified biologist, shall be established, maintained, and monitored throughout project construction. Additionally, a minimum five (5) foot non-disturbance buffer, or as otherwise recommended by a qualified biologist, shall be established between the eastern limit of proposed development activities and the densely vegetated, impenetrable hazelnut scrub habitat.
Survey by
Biologist,
Approval by
Planning
Department.
Prior to
Commencement
of Construction
Activities.
Applicant,
California
Department
of Fish and
Wildlife
Planning
Department.
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12 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
BIO-2: To address potential impacts to San Francisco dusky-footed woodrats, a Relocation Plan prepared by a qualified biologist, shall be prepared and submitted to the City of Pacifica and the California Department of Fish and Wildlife for review and approval. At a minimum, the Relocation Plan shall include, but is not limited to, the following:
• Nests requiring relocation shall be dismantled by construction crews by hand and under the direct supervision of a qualified biologist. • Each member of the construction crew shall receive an environmental awareness training regarding San Francisco dusky-footed woodrat ecology and specifics of the Relocation Plan.
• All material removed during nest dismantling shall be moved into the Relocation Area, as determined by the qualified biologist, and constructed into piles suitable for habitation or use as refugia. • If an active nest requires removal, the following phased dismantling protocol shall be implemented:
o Remove at least 50-100% of the existing canopy cover and begin dismantling.
o After partially dismantling the nest, leave nest alone for two to four days to allow woodrats to disperse on their own. After two to four days, continue to disassemble nest by hand. Plan to completely dismantle in two to three sessions.
o If young are present, the construction crew and qualified biologist shall cease dismantling of the nest for 48 hours to allow the adult to move the young. If the young have been moved and the nest is vacant, nest removal may resume.
• If an inactive nest (as determined by a qualified biologist) needs to be removed, it may be removed completely in one day. If woodrats are observed within or fleeing from the nest, the nest will be considered active and relocated using a phased approach.
Plan by
Biologist,
Review and
Approval by
Planning
Department
and CDFW.
Prior to
Issuance of
Demolition or
Grading Permit.
Applicant,
California
Department
of Fish and
Wildlife,
Planning
Department.
BIO-3: To offset the loss or disturbance of foraging habitat (native forbs and shrubs) for the special-status obscure bumble bee (Bombus Review and
Approval by
Prior to
Issuance of
Applicant,
Planning
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13 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
caliginosus), native shrubs and herbaceous (forb) species known to benefit native bees shall be identified in a revised landscaping plan and introduced onsite. Plants known to benefit native bees shall be selected and may include but are not limited to coyote brush (Baccharis pilularis), sage (Salvia spp.), lupines (Lupinus spp.), various species of Lotus and Acmispon, gumplant (Grindelia spp.), and Phacelia spp. As part of the update to the landscaping plans, selected bee-friendly species and planting locations shall be confirmed by a qualified biologist in consultation with the City of Pacifica.
Planning
Department.
CDFW
Building Permit. Department.
BIO-4: In the event the construction commences during the rainy season (between October 1 and May 31), a qualified biologist shall conduct a preconstruction survey for California red-legged frog no more than five days prior to commencement of ground disturbing activities and provide recommendations for installation of exclusion fencing, as warranted.
Results of the survey and recommendations for exclusion fencing shall be submitted to the City of Pacifica.
At the recommendation of a qualified biologists and based on factors including the migration window for red-legged frog, rainfall, and inundation, exclusion fencing shall be installed. Exclusion fencing shall be inspected and maintained under the supervision of a qualified biologist.
Survey by
Biologist,
Approval by
Planning
Department.
No More than 5
Days Prior to
Commencement
of Ground
Disturbing
Activities.
Applicant,
Planning
Department.
BIO-5: To avoid potential impacts to special-status bats, a qualified biologist shall conduct a pre-construction survey of all structures and trees that would be impacted by the project, no more than 15 days prior to demolition, tree removal, or commencement of ground disturbing activities. Results of the preconstruction survey shall be documented by a qualified biologist and provided to the City of Pacifica. If special-status bat species are found roosting in building or trees proposed to be removed, the biologist shall determine if there are young present (i.e., the biologist should determine if there are maternal roosts). If young are found roosting in any tree or building proposed for removal, such impacts shall be Survey by
Biologist,
Approval by
Planning
Department.
No More than
15 Days Prior to
Demolition, Tree
Removal, or
Commencement
of Ground
Disturbing
Activities.
Applicant,
Planning
Department.
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Packet Pg. 303 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
14 MITIGATION MEASURES
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avoided until the young are flying and feeding on their own. A nondisturbance buffer installed with orange construction fencing shall be established around maternity site. The size of the buffer zone will be determined by a qualified bat biologist at the time of detection. If adults are found roosting in a tree or building on the project site but no maternal sites are found, then the adult bats can be flushed, or a one-way eviction door can be placed over the tree cavity for a 48-hour period prior to the tree removal or building demolition. If bats or evidence of bats are detected during the pre-construction surveys, the applicant shall notify the City of Pacifica and the CDFW regarding bat eviction protocol and submit a plan for review and acceptance by the City of Pacifica and the CDFW.
BIO-6: Should construction activities commence during the bird nesting season (February 1 to August 31), a pre-construction nesting bird survey shall be conducted by a qualified biologist no more than 14 days prior to the start of construction activities. Areas within 300 to 500 feet of construction shall be surveyed for active nests. Should active nests be identified, a disturbance-free buffer shall be established based on the needs of the species as set forth by CDFW and shall be maintained until a qualified biologist verifies that the nestlings have fledged, or the nest has failed. Should construction activities cease for 14 consecutive days or more within the nesting season, an additional nesting bird survey shall be required prior to resuming construction. Results of the pre-construction nesting bird survey shall be submitted to the City of Pacifica.
Survey by
Biologist,
Approval by
Planning
Department.
No More than
14 Days Prior to
Ground
Disturbing
Activities.
Applicant,
Planning
Department.
BIO-7: Indirect impacts to the seasonal wetlands and jurisdictional drainage feature shall be avoided through implementation of best management practices (BMPs) prior to earthwork. Construction exclusion zones shall be established by installing appropriate construction fencing, silt fencing, wildlife friendly hay wattles (no monofilament netting), gravel wattles, and other protective measures between project activities and the seasonal wetlands and drainage feature.
Inspection by
Biological
Monitor,
Approval by
Planning
Department.
Prior to
Issuance of
Demolition or
Grading Permit.
Applicant,
Construction
Manager,
Planning
Department.
9.d
Packet Pg. 304 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
15 MITIGATION MEASURES
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TIMING OF
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COMPLETION
(DATE/INITIAL)
All non-native, invasive vegetation removed shall be discarded offsite and away from wetland areas to prevent reseeding.
Prior to implementation of the construction project, a biological monitor shall inspect installation of BMPs to ensure proper protection of the seasonal wetlands and jurisdictional drainage feature areas are in place.
BMPs shall thereafter be routinely inspected by the construction manager to ensure BMPs remain in place for the duration of construction activities.
Upon completion of project construction all exclusion fencing shall be removed along with any temporary BMPs.
BIO-8: A total of 0.063 acres of potential wetlands were identified in the project area. In the event that wetland plants are removed, altered, or destroyed along the edges of the concrete drainage ditch during repair/replacement of the concrete drainage ditch, the applicant shall replant these areas with native wetland plants at a 1:1 ratio to ensure continued viability of the wetlands.
Review and
Approval by
Planning
Department.
Prior to Final
Inspection.
Applicant,
Planning
Department.
BIO-9: To avoid impacts to jurisdictional waters and wetlands throughout project operation, plans submitted for building permit shall be revised to include a split rail fence along the boundary between the recreational field and seasonal wetlands and concrete drainage ditch located at the southeast portion of the project site to preclude access and limit foot traffic within the drainage and wetland features.
Review and
Approval by
Planning
Department.
Prior to
Issuance of
Building Permit.
Applicant,
Planning
Department.
CULTURAL AND TRIBAL CULTURAL RESOURCES
C/TCUL-1: Prior to commencement of ground-disturbing activities, project supervisors, equipment operators, and other members of the construction team overseeing or conducting ground-disturbing activities shall receive one or more preconstruction Cultural Awareness Trainings by a Secretary of Interior-qualified archaeologist. The Training shall educate and familiarize supervisors, contractors, and equipment operators with the potential to encounter archaeological resources, the types of archaeological material that could be encountered, and Training
Conducted by
Archaeologist.
Prior to
Commencement
of Ground
Disturbing
Activities.
Applicant,
Construction
Team,
Planning
Department.
9.d
Packet Pg. 305 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
16 MITIGATION MEASURES
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procedures to follow if archaeological deposits and/or artifacts are encountered during construction.
C/TCUL-2: In the event that an archaeological deposit is encountered during ground-disturbing activities, all work within 50-feet of the discovery shall be redirected until a Secretary of Interior-qualified archaeologist is retained to inspect the material and provide recommendations for appropriate treatment of the resource pursuant to regulations and guidelines set forth in the California Environmental Quality Act, including the involvement of Native American monitors if a prehistoric archaeological resource is identified. If avoidance of the archaeological resource is not feasible, the archaeological resource shall be evaluated for its eligibility for listing in the California Register of Historic Resources. In the event that archaeological resources are identified as eligible for listing on the CRHR, recommendations for proper treatment and handling shall be identified by the qualified archaeologist including, but not be limited to, avoidance or excavation in accordance with the Secretary of Interior’s Standards and Guidelines for Archaeological Documentation, which may include data recovery using standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials; and accessioning of archaeological materials and a technical data recovery report at a curation facility. Upon completion of the assessment, the archaeologist shall prepare a report to document the methods and results of the assessment. The report shall be submitted to the project applicant and the Northwest Information Center.
Construction
Team with
Cultural
Awareness
Training.
Observation
by Native
American
Monitor.
Evaluation by
Archaeologist.
Planning
Department
Required to
be Notified of
Any
Discovery.
During Ground
Disturbing
Activities.
Applicant,
Construction
Team,
Planning
Department.
C/TCUL-3: In the event that human remains are encountered during ground-disturbing activities, all work must stop within 100-feet of the discovery area, the area shall be secured to prevent further disturbance, and the San Mateo County Coroner shall be notified immediately. The Construction
Team with
Cultural
Awareness
During Ground
Disturbing
Activities.
Applicant,
Construction
Team,
Planning
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Packet Pg. 306 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
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Coroner will determine if the remains are precontact period Native American remains or of modern origin, and if any further investigation by the coroner is warranted. If the remains are believed to be precontact period Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) by telephone within 24-hours. The NAHC will immediately notify the person believed to be the most likely descendant (MLD) of the remains. The MLD has 48-hours to make recommendations to the landowner for treatment or disposition of the human remains. If the MLD does not make recommendations within 48-hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC. An archaeologist should also be retained to evaluate the historical significance of the discovery, the potential for additional remains, and to provide further recommendations for treatment of the site in coordination with the MLD.
Training.
Archaeologist
evaluation.
Planning
Department
Required to
be Notified of
Any
Discovery.
Department.
GEOLOGY AND SOILS
GEO-1: All applicable recommendations set forth in the Design Level Geotechnical Investigation prepared by Rockridge Geotechnical on August 20, 2020, for the subject property, including, but not limited to recommendations related to grading, drainage, excavation, foundations systems, and compaction specifications shall be implemented. Final grading plan, construction plans, and building plans shall demonstrate that recommendations set forth in the geotechnical reports have been incorporated into the final design of the project and to the satisfaction of the City of Pacifica City Engineer.
Review and
Approval by
Public Works
and Building
Department.
Prior to Grading
and Building
Permit Issuance.
Applicant,
Public
Works
Department,
Planning
Department.
GEO-2: Upon submittal of grading and drainage plans, the applicant shall demonstrate compliance with applicable requirements of Title 6, Chapter 12 (Stormwater Management and Discharge Control) of the City of Pacifica Municipal Code. Plans shall include identification of appropriate best Review and
Approval by
Public Works
Department.
Prior to
Demolition,
Grading, and
Building Permit
Applicant,
Public
Works
Department.
9.d
Packet Pg. 307 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
18 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
RESPONSIBLE
PARTY
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(DATE/INITIAL)
management practices (BMPs) to prevent the discharge of construction wastes or contaminants from construction materials, tools, equipment, stockpiles, or exposed soil from entering the City storm water system or watercourses. Plans shall also demonstrate compliance with stormwater treatment requirements set forth in NPDES Permit No. CAS612008.
Issuance.
GEO-3: In the event that paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities, all ground disturbing activities shall halt, and a qualified paleontologist shall be procured to evaluate the discovery and make treatment recommendations.
Review and
Coordination
between
Applicant and
Planning
Department.
During Ground
Disturbing
Activities
Applicant,
Construction
Team,
Planning
Department.
GREENHOUSE GAS EMISSIONS
GHG-1: Prior to issuance of a demolition and/or grading permit, a GHG reduction plan shall be prepared and submitted to the City for review and acceptance. The plan shall, at a minimum demonstrate that the project will use at least 10 percent local building materials and will reuse/recycle at least 50 percent construction waste and demolition material. In the event that these measures are not feasible, the plan shall identify suitable replacement measures aimed at reducing GHG emissions reductions.
Review and
Approval by
Planning and
Building
Departments.
Prior to
Demolition or
Grading Permit
Issuance.
Applicant,
Planning
Department.
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Prior to demolition of the existing structures an asbestos survey shall be performed by a licensed asbestos inspector to identify all asbestos-containing materials (ACM) and lead-based paint (LBP). The survey shall adhere to sampling protocols outlined by the Asbestos Hazard Emergency Response Act (AHERA) and shall incorporate the findings of the survey into a report to be submitted to the City. In the event that such substances are found, the report shall include appropriate removal and disposal protocols subject to requirements set forth by the Occupational Safety and Health Administration (OSHA) AHERA requirements, lead standard contained in 29 CFR 1910.1025 and 1926.62, and any other local, Survey by
Asbestos
Inspector.
Review by
Building
Department.
Prior to
Demolition
Permit Issuance
Applicant,
Planning
Department.
9.d
Packet Pg. 308 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
19 MITIGATION MEASURES
METHOD OF
VERIFICATION
TIMING OF
VERIFICATION
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PARTY
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state, or federal regulations. Treatment, handling, and disposal of these materials shall be performed by qualified professionals in accordance with applicable federal and state regulations.
HAZ-2: Upon submittal of a building permit the applicant shall submit a site-specific Vegetation Management Plan for review and approval by the City of Pacifica and the North County Fire Authority. The Plan shall:
1. Remove all vegetation within the site listed on the San Mateo County list of “Fire Prone (Pyrophytic) Plants” except for isolated specimen plants.
a. Existing isolated or newly planted specimens shall meet the vertical and horizontal spacing guidelines.
2. Maintain and plant all trees and shrubs to the specifications identified in ‘Plant and Tree Spacing’, ‘Vertical Spacing’, and ‘Horizontal Spacing’ as outlined in the Plan “Fire Safe Landscaping” guide.
a. An evaluation of slope implications shall be reflected when determining the landscape.
b. All plantings shall be from the Plan “Firescaping with Native Plants” or otherwise fire resistive plantings.
3. Maintain an ember zone of 5 feet around all buildings pursuant to CGC 51182 (5)(1), (2) within the Project.
a. The ember zone be maintained on a minimum monthly basis.
4. Maintain all landscaping and vegetation on the Project site on a regular basis as part of a regular landscape maintenance program. a. All vegetation shall be irrigated as needed to maintain the vegetation.
Review and
Approval by
Planning
Department
and North
County Fire
Authority.
Prior to Building
Permit Issuance.
Applicant,
Planning
Department,
North
County Fire
Authority.
NOISE
NOI-1: Construction activities shall comply with the following best management practices to minimize noise levels from the proposed development:
• Construction will be limited to the hours of 7:00 a.m. to 7:00 p.m.
Review and
Approval by
Planning
Department.
During
Construction.
Applicant,
Construction
Team,
Planning
9.d
Packet Pg. 309 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
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VERIFICATION
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RESPONSIBLE
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(DATE/INITIAL)
Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays. Any work outside of these hours by the construction contractors should require a special permit from the City Engineer.
There should be compelling reasons for permitting construction outside of these designated hours.
• The contractor shall use “new technology” power construction equipment with state-of-the-art noise shielding and muffling devices.
All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poorly maintained engines or other components.
• Staging areas and stationary noise-generating equipment shall be located as far as possible from noise-sensitive receptors, such as residential uses (a minimum of 200 feet).
• Ensure that generators, compressors, and pumps are housed in acoustical enclosures.
• Locate cranes as far from adjoining noise-sensitive receptors as possible.
• During final grading, substitute graders for bulldozers, where feasible.
Wheeled heavy equipment are quieter than track equipment and should be used where feasible.
• Substitute nail guns for manual hammering and electrically powered tools for noisier pneumatic tools, where feasible.
• The adjacent residences shall be notified early and frequently of the construction activities.
• A “noise disturbance coordinator” shall be designated to respond to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator would be conspicuously posted at the Department.
9.d
Packet Pg. 310 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
21 MITIGATION MEASURES
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VERIFICATION
TIMING OF
VERIFICATION
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PARTY
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(DATE/INITIAL)
construction site.
TRANSPORTATION AND TRAFFIC
TRA-1: Upon submittal of plans for building permit, the applicant shall submit a list of Transportation Demand Management (TDM) strategies to be implemented district-wide. TDM strategies shall be clearly defined in terms of location, extent, timing, and responsibility for implementation.
Strategies may include, but are not limited to the following:
• Safe Routes to School. Pursue grants to fund pedestrian and bicycle improvements around Pacifica School District schools to increase safety for students and staff walking and bicycling.
• Install Bike Racks. Identify Pacifica School District schools where more bicycle racks are needed. Once identified, install as needed. • Install e-bike Charging Stations. Install e-bike charging systems in secure bike parking facilities at Pacifica School District schools. • Samtrans Flex Services. Continue to partner with Samtrans to establish fixed-route services to Pacifica School District schools. Coordinate with Samtrans on possible flex services (such as dial-a-ride) to serve schools with lower demand.
• Shuttle Services. Partner with the Jefferson Union School District to fund shuttle services to Pacifica schools.
Review and
Approval by
Planning
Department.
Prior to Building
Permit Issuance.
Applicant,
Planning
Department.
TRA-2: To promote electric vehicle ownership and reduce GHG emissions associated with vehicles traveling to and from the site, install electric vehicle (EV) charging infrastructure and equipment as required by the 2022 California Building Standards Code and any City of Pacifica local amendments thereto.
Review and
Approval by
Planning
Department.
Prior to Building
Permit Issuance.
Applicant,
Planning
Department.
9.d
Packet Pg. 311 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica FEIR
22 MITIGATION MEASURES
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VERIFICATION
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VERIFICATION
RESPONSIBLE
PARTY
COMPLETION
(DATE/INITIAL)
TRA-3: To maintain adequate sight lines at the project driveways, signage and landscaping introduced onsite within close proximity of the driveways shall be maintained such that low-lying shrubs remain at a height lower than three feet from ground level and that tree branches be no less than seven feet in height from ground level. The applicant shall be responsible for maintaining adequate sight lines from the project driveways.
Review and
Approval by
Planning
Department.
Prior to Final
Inspection.
Applicant,
Planning
Department.
TRA-4: Parking shall be prohibited south of the project driveway along Oddstad Boulevard for a distance of at least 30 feet. To ensure parking does not occur in this area, curbs shall be painted red subject to review and approval by the Pacific Fire Department.
Review and
Approval by
Planning
Department
and Fire
Department.
Prior to Building
Permit Issuance,
and Prior to
Final Inspection.
Applicant,
Planning
Department,
Fire
Department.
9.d
Packet Pg. 312 Attachment: Attachment D: City Council Resolution No. 39-2023 (5341 : Ordinance Adoption - Pacifica
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/8/2023
1 SUBJECT:
City Council Strategic Planning for FY2023-24
RECOMMENDED ACTION:
Approve the City of Pacifica 2023 to 2030 Strategic Plan Mission, Vision, Values, Goals and Strategies (Attachment A).
STAFF CONTACT:
Kevin Woodhouse, City Manager
[email protected]
650-738-7409
BACKGROUND/DISCUSSION:
Each year the City Council convenes in advance of the new fiscal year to review the City’s prior goals and develop a list of priorities to be implemented in the upcoming fiscal year This annual process is intended to identify Council priorities in advance of developing the annual budget, in order to align the City’s financial resources with the projects and initiatives that will make up the workplan for the fiscal year.
This year, the City Council has undertaken a different process - strategic planning. A best practice for high functioning organizations, strategic planning is intended to begin with identifying Mission, Vision, and Values statements for the organization, followed by identifying long-term goals that reflect those statements, and multi-year strategies and priorities to fulfill those goals.
A definition of each of the Strategic Plan elements is provided below Mission - The City’s Mission is a statement of what the City does and strives to do on an ongoing basis. It sets the boundaries and expectations for the City and its work.
Vision - The Vision statement is aspirational, identifying the desired outcome of the City’s efforts and changes over a long period of time.
Values - The listed Values for the City reflect how the City does its work, from the City Council through front-line staff. Values typically embody both current and desired approaches for internal and external performance.
Goals - The City’s Goal statements capture the primary focus for the City to achieve its Vision over the next seven years. Each Goal statement is ambitious, encompassing an aspirational set of work to be done, especially given that most City operations, funding, staffing, and time is devoted to day-to-day services and other non-discretionary work.
10 Packet Pg. 313
Pacifica City Council 2
May 08, 2023
Strategies - The City Council has selected a limited set of top Strategies to achieve each Goal. Some Strategies may be accomplished over one to two years, while others may persist throughout the life of the Strategic Plan.
Over the course of two Strategic Planning workshops, the City Council considered and developed draft Mission, Vision, and Values statements, and identified and selected Goals and Strategies for the Strategic Plan. The proposed Strategic Plan is provided as Attachment A, which is presented for Council review, discussion, and action.
Implementation of the Strategic Plan is equally important and will require a focusing of community, Council, and staff attention, as follows.
First, City staff has developed their own draft workplans for each Strategy under each Goal, as summarized in Attachment B. These workplans reflect the staff’s understanding of the Council’s direction for each Goal and Strategy and the work and timelines possible given existing and anticipated resources. Also included in Attachment B for each Goal are listings of:
• Guiding documents and plans related to that Goal;
• Competing ongoing services and directed projects and programs that already consume most of the resources available for work on that Goal and its Strategies; and • Other possible Strategies for that Goal that have been considered by the Council and may be further considered in future years. Also noted in italicized parentheticals are those items which are likely included elsewhere in the Strategic Plan.
Second, the annual budget process provides the means for community and Council consideration of the allocation of resources necessary for continuing services and work as well as a limited number of new initiatives and efforts based on the Strategic Plan or other priorities.
Progress on the Strategic Plan must be calibrated to the resources available.
Third, best practices from other local government agencies suggest a number of additional steps to ensure progress on the Strategic Plan, including:
• Posting the Mission, Vision, Values, Goals and Strategies on the City’s web page, around City Hall and other City facilities open to the public, and in the City Council Chambers.
• Incorporating the Strategic Plan in the City’s budget and other guiding documents. • Refer to the Strategic Plan Goals and Strategies as appropriate in Council staff reports. • Provide periodic updates on the Strategic Plan at Council meetings or in semi-annual staff reports.
• Council consideration of which Strategies to delay or drop when providing mid-cycle direction on new or emerging priorities.
• Conduct annual reviews and updates to the Strategic Plan, focusing on achievements and changes related to the Strategies for each Goal. It is not uncommon in other agencies to drop and add Strategies each year in furtherance of the Strategic Plan.
The City Council’s action on the Strategic Plan will be the culmination of a thorough and thoughtful consideration of the challenges and opportunities facing the City of Pacifica and will provide a guide for achieving the Council’s Vision and Goals for the City. 10 Packet Pg. 314
Pacifica City Council 3
May 08, 2023
FISCAL IMPACT:
There is no direct or immediate fiscal impact associated with the City Council’s adoption of the Strategic Plan. However, the Strategic Plan will serve as the Council’s guide for allocation of resources in the budget process and for staff’s prioritization of work given limited resources.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment A: Proposed Strategic Plan (PDF)
Attachment B: Staff Work Plan based on the Proposed Strategic Plan (PDF) 10 Packet Pg. 315
PACIFICA STRATEGIC PLAN 2023 TO 2030
(MAY 8, 2023)
Mission – What Do We Do?
The City of Pacifica
provides exceptional services,
maintains the small-town feel and safety of its unique community, and stewards its environment, coastal beauty, and recreational opportunities.
Vision – What Are We Becoming?
Pacifica will be an inclusive and sustainable community:
environmentally, economically, socially, and holistically.
Values – How Do We Approach Our Work?
Visionary Planning
Heartfelt Service
Resource Stewardship
Collaborative Teamwork
Healthy Workplace
Transparent and Responsive
Goals – How Will We Achieve Our Vision?
1. Enhance organizational and fiscal stability.
2. Improve and steward City infrastructure and facilities.
3. Prioritize protection and development of affordable housing.
4. Pursue climate change adaptation and mitigation.
5. Broaden public communications and collaboration.
10.a
Packet Pg. 316 Attachment: Attachment A: Proposed Strategic Plan (5344 : City Council Goals - Strategic Planning for FY2023-24) PACIFICA GOALS AND STRATEGIES 2023 TO 2030
(MAY 8, 2023)
The Strategies listed under each Goal below are the City Council’s initial priorities to ensure progress on achieving the Strategic Plan while recognizing the ongoing services, management and non-discretionary work that consume most City resources.
1. Enhance organizational and fiscal stability.
A. Improve staff retention and recruitment and increase staffing for rising workloads.
B. Consider possible tax and bond measures for 2024.
C. Prioritize implementation of the Economic Opportunities Study.
2. Improve and steward City infrastructure and facilities.
A. Complete selected stormwater and flooding improvements citywide B. Advance the Beach Boulevard Resiliency and Esplanade Protection Projects (including the Pier, as feasible).
C. Pursue planning and financing for the Library projects.
D. Develop a Facilities and Equipment Plan for Public Safety and the Community Center
3. Prioritize protection and development of affordable housing.
A. Complete the Housing Element Update.
B. Update the Short-Term Rental Ordinance.
C. Prioritize Housing Element program implementation.
4. Pursue climate change adaptation and mitigation.
A. Update the Climate Action and Adaptation Plan, including performance targets.
B. Continue the urban forestry/tree canopy inventory and projects.
C. Update Pacifica’s Local Coastal Plan and improve communications and collaboration with the California Coastal Commission.
5. Broaden public communications and collaboration.
A. Creatively and appropriately leverage community expertise and volunteers to advance City priorities.
B. Increase communications, education, and connections for community mental health resources.
10.a
Packet Pg. 317 Attachment: Attachment A: Proposed Strategic Plan (5344 : City Council Goals - Strategic Planning for FY2023-24) Guiding documents: General Plan, LCLUP, Specific Plans, and Economic Opportunities Study ---- Ongoing, non-discretionary or previously initiated projects and services STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Day-to-day organizational management, services, reporting, public meeting coordination, and community engagement, responsiveness, and outreach Doing
b) Continue systems efficiency improvements, such as Public Records Act handling, document scanning, etc. and service-delivery assessment Doing
c) Revamp the City's chart of accounts and Continue Enterprise Resource Planning solution implementation for Financial and Human Resource Management System modules Doing d) Implement a Geographic Information System Doing
e) Conduct audit of the City's top revenues sources, inlcluding Sales Tax, TOT, Business License and Cannabis to ensure compliance; continue to pursue grant funding; review the revenue-generated agreements for appropriate terms and economic escalators.
Doing
f) Complete labor negotiations with all employee groups (currently underway) Doing g) Review, update, develop and implement City policies and processes related to HR, Finance and Risk Management to comply with legal requirements and best practices Doing h) Ensure adequate cost-recovery levels by conducting a new cost allocation plan and user fee and development impact fees study New
i) Develop and implement a citywide Risk Management Program that includes, but is not limited to, general liability, property, vehicle and financial risk management, to comply with operational best practices, provide risk control and mitigation. Conduct related staff training.
Doing
j) Continue processing of Planning documents/ordinances/plans updates that clarify/streamline development requirements and processes, including the Local Coastal Land Use Plan, the Sharp Park Specific Plan, the Quarry Site Specific Plan, and Zoning Code Amendments
Doing
COUNCIL STRATEGIES WITH STAFF WORKPLANS
A Improve staff retention and recruitment and increase staffing for rising workloads. STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Position the City as a great place to work: provide safe workspace and adequate tools and training to ensure high performance and continue strategies to attract and retain talent in the Bay Area's competitive market, including EE recognition and celebration events, professional development and leadership training through professional associations, partnering organizations and consortium agreements, focused talent development tools, health and wellness programs, mental health resources, etc.
Doing
2) Continue to explore options to fund augmentation to staffing capacity, such as new fees or one-time funding for limited-term staffing and interns/fellows Doing
3) Complete staff transition to newly renovated Civic Center and plan and hold open-house celebration NEW 4) Undertake classification and compensation study in preparation for next round of labor negotiations with the longterm goal of offering competitive compensation and benefits as can be afforded by the City NEW B Consider possible tax and bond measures for 2024 STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Commence Measure Y Citizens' Oversight Committee NEW 2) Contract with a communications firm to complete public information materials and marketing of Vision 2025 & Beyond Strategic Financial Sustainability Study by crafting the story behind Pacifica's financial sustainability challenges and its Strategic Plan. (Also under Goal 5 - Ongoing) NEW
3) Prepare Options and Feasibility report on potential revenue measures for the November 2024 election NEW 4) Ballot Measure preparation, placement, and public information NEW Q1 = Jul-Sep, Q2 = Oct-Dec, Q3 = Jan-Mar, Q4 = Apr-Jun
CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 1. ENHANCE ORGANIZATIONAL AND FISCAL STABILITY STATUS FY 2023-24 FY 2024-25 FUTURE YEARS
10.b
Packet Pg. 318 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council Guiding documents: General Plan, LCLUP, Specific Plans, and Economic Opportunities Study CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 1. ENHANCE ORGANIZATIONAL AND FISCAL STABILITY STATUS FY 2023-24 FY 2024-25 FUTURE YEARS C Prioritize implementation of the Economic Opportunities Study (EOS) STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Commence work with Economic Development consultant to begin implementation of short-term EOS opportunities. Doing 2) Continue EOS business assistance and visitor/tourism marketing efforts. Tie together Economic Development Strategy update with Economic Opportunities Study implementation, including marketing. Doing 3) Hire permanent Economic Development Manager to implement the City's Economic Development Program and continue implementation of short-term opportunities and begin implementation of medium-term opportunities of the EOS.
NEW
4) Commence Surplus Lands Act compliance and marketing of 2212 Beach Blvd. Site NEW 5) Request for Proposals processing and related next steps for development of 2212 Beach Blvd Site NEW 6) Streamline the City's development regulations for particular opportunity sites, development types, etc. to improve the process, such as frontloading CEQA and making certain projects ministerial approval only (outside Coastal Zone) NEW 7) Explore other funding sources, including Enhanced Infrastructure Financing District (EIFD), Community Facility Districts (CFD), and Climate Resiliance District (CRD) options, or related tools, for West Sharp Park and Quarry/Rockaway
NEW
---- OTHER STRATEGIES CONSIDERED OR TO BE CONSIDERED IN FUTURE YEARS STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Streamline development review for key opportunities and sites when possible (under Strategy C) To Do b) Outdoor dining implementation with Design Guidelines and LCP amendment (under Strategy C) To Do c) Expand business assistance initiatives, support and permitting improvements (under Strategy C) To Do d) Increase Pacifica branding and marketing efforts (under Strategy C) To Do e) Monetize environmental and recreational tourism (under Strategy C) To Do f) Educate and engage the community on Pacifica's financial challenges and opportunities (under Strategy B) To Do g) Implement the Sharp Park Specific Plan (under ongoing projects) To Do
10.b
Packet Pg. 319 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council Guiding documents: Capital Improvement Program Plan and various infrastructure plans ---- Ongoing, non-discretionary or previously initiated projects and services STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Day-to-day organizational management, services, reporting, public meeting coordination, and community engagement, responsiveness, and outreach Doing
b) Completion of selected wastewater system improvements in CIP for the treatment plant and collections system Doing c) Complete Civic Center renovation, move staff offices, and begin providing services in the renovated space Doing d) Engineering reviews and support of infrastructure related to development projects Doing e) ADA Transition Plan update Doing
COUNCIL STRATEGIES WITH STAFF WORKPLANS
A Complete selected stormwater and flooding improvements citywide STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Complete interim Storm Drain study, design and construction for Anza/Arguello area Doing 2) Complete Linda Mar Storm Pump Station review and rehabilitate equipment NEW 3) Apply for grant funding to allow design of Lower Linda Mar Storm Drain Improvements NEW 4) Complete repairs to storm drainage systems damaged during winter storms with FEMA funding Doing B Advance the Beach Boulevard Resiliency and Esplanade Protection Projects (including the Pier, as feasible) STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Complete Phase 2a of the design for the BBIRP Doing
2) Pursue posssible funding sources for Phase 2b of the BBIRP Doing 3) If funding search is successful, commence Phase 2b of BBIRP NEW 4) Future phases/construction of BBIRP NEW
5) Complete 310-330 Esplanade Environmental Document and Final Design Doing 6) Complete 400 Esplanade Environmental Document and Final Design Doing 7) Finalize the Pacifica Pier full assessment Doing
8) Identify funding for Pacifica Pier railing and repairs project Doing 9) Depending on funding and result of full Pier assessment, construction of the Pacifica Pier repairs NEW C Pursue planning and financing for the Library projects STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Reconvene the Library Advisory Committee and continue public information/outreach NEW 2) Complete construction of the Sanchez Library "Outpost" automated kiosk Doing 3) Include feasibility of funding measure for new Libraries as part of Goal/Strategy 1B. NEW 4) Pursue grant funding opportunities as available Doing D Develop a Facilities and Equipment Plan for Public Safety and the Community Center STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Identify public safety equipment needs NEW
2) Identify public safety facility maintenance needs NEW 3) Develop public safety equipment replacement schedule NEW 4) Complete a Facilities Assessment Report NEW
5) Identify and complete short-term Community Center Maintenance/Repair Needs NEW 6) Public outreach, surveys, and feasibility analysis of upgrading/replacing Community Center NEW ---- OTHER STRATEGIES CONSIDERED OR TO BE CONSIDERED IN FUTURE YEARS STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Update the Five Year Streets Improvement Plan by 2025 (consider adding in 2024) To Do b) Evaluate infrastructure needs for emergency evacuations To Do c) Plan for the long-term impacts of climate change on City infrastructure (ongoing with new projects) To Do CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 2. IMPROVE AND STEWARD CITY INFRASTRUCTURE AND FACILITIES STATUS FY 2023-24 FY 2024-25 FUTURE YEARS Q1 = Jul-Sep, Q2 = Oct-Dec, Q3 = Jan-Mar, Q4 = Apr-Jun
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Packet Pg. 320 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council Guiding documents: Housing Element
---- Ongoing, non-discretionary or previously initiated projects and services STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Day-to-day organizational management, services, reporting, public meeting coordination, and community engagement, responsiveness, and outreach Doing
b) Routine processing of all development permit applications, including potentially controversial projects and appeals Doing c) Continuing collaboration with Pacifica Resource Center on homeless services, the Temporary Safe Parking Program, and grant funding search related to homeless services
d) Coastal Commission processing of Temporary Safe Parking Program (TSPP) LCP amendment and/or CDP Doing e) Process TSPP CDP appeals at Coastal Commission Doing
COUNCIL STRATEGIES WITH STAFF WORKPLANS
A Complete the Housing Element Update STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Finalize and circulate for public comment an Initial Study/Negative Declaration (CEQA) NEW 2) Potential additional joint study session with Planning Commission/City Council after HCD comments NEW 3) Public hearings at Planning Commission and City Council for final adoption NEW B Update the Short-Term Rental (STR) Ordinance STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Complete LCP amendment for STR cap Doing
2) Research and prepare draft ordinance for major STR ordinance revision NEW 3) Coordinate with Coastal Commission staff, revise ordinance to incorporate feedback NEW 4) Planning Commission and City Council public hearings NEW 5) LCP amendment for major STR ordinance revision NEW
C Prioritize Housing Element program implementation STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Prepare EIR for Phase 1 rezonings of Housing Opportunity Sites NEW 2) Planning Commission and City Council public hearings to adopt Phase 1 rezonings of Housing Opportunity Sites incl.
EIR certification NEW
3) Phase 2 zoning text amendments (objective standards and design guidelines, code modernization), CEQA NEW 4) Prepare/release City property RFPs for affordable housing developments, negotiate with developers NEW 5) LCP amendment to implement Phase 1 rezonings and Phase 2 text amendments NEW 6) Other Housing Element program implementation (for example, inclusionary/BMR zoning ordinance update) NEW ---- OTHER STRATEGIES CONSIDERED OR TO BE CONSIDERED IN FUTURE YEARS STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Leverage external partner support and financial resources To Do CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 3. PRIORITIZE PROTECTION AND DEVELOPMENT OF AFFORDABLE HOUSING STATUS FY 2023-24 FY 2024-25 FUTURE YEARS Q1 = Jul-Sep, Q2 = Oct-Dec, Q3 = Jan-Mar, Q4 = Apr-Jun
10.b
Packet Pg. 321 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council Guiding documents: Climate Action & Adaptation Plan, General Plan Conservation Element ---- Ongoing, non-discretionary or previously initiated projects and services STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Day-to-day organizational management, services, reporting, public meeting coordination, and community engagement, responsiveness, and outreach Doing
b) Complete EV Charging Station Strategy Planning document Doing c) Continue Capital Improvement Plan projects related to solar installation at the Community Center, studying potential new solar at the Civic Center, and improvements to solar at the Calera Creek Water Recycling Plant Doing d) SB 1383 Organics Recycling Compliance Doing
e) Solar APP+ Implementation (SB 379) Doing
COUNCIL STRATEGIES WITH STAFF WORKPLANS
A Update the Climate Action and Adaption Plan, including performance targets STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Recruit and establish CAAP task force NEW
2) Community engagement NEW
3) Task Force develops CAAP outline and work plan NEW
4) Task Force research and coordination meetings NEW
5) Draft CAAP document NEW
6) Adoption hearings NEW
B Continue the urban forestry/tree canopy inventory and projects STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Work on process for streamlined implementation of the Tree Preservation Ordinance NEW 2) Bring Tree Preservation Ordinance Back to the City Council for modifications as necessary NEW 3) Complete survey of potential tree planting locations to inform future tree canopy goal discussion NEW 4) Phase 2 tree program work to develop Urban Forestry Management Plan NEW C Update Pacifica's Local Coastal Plan and improve communications and collaboration with the CCC STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Continue coordination with Coastal Commission staff regarding their proposed modifications to Certification Draft LCLUP approved by City Council Doing
2) City Council consideration of potential revisions to Certification Draft LCLUP based on CCC staff input NEW 3) Coastal Commission approval hearing NEW
4) Planning Commission and City Council public hearings to amend Certification Draft LCLUP (if Coastal Commission changes are accepted) NEW
---- OTHER STRATEGIES CONSIDERED OR TO BE CONSIDERED IN FUTURE YEARS STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Advance solid waste management and reduction best practices, including plastics (aspects in Ongoing above) To Do b) Update the City's Transporation Demand Management Plan, including VMT standards To Do c) Consider solutions for electrification of existing structures To Do d) Collaborate with partner agencies to improve public transporation solutions and usage To Do e) Develop and encourage local electric vehicle infrastructure (included in Ongoing Projects above) To Do f) Consider the enviornmental impacts of all Goals and Strategies (strike, too vague) To Do Q1 = Jul-Sep, Q2 = Oct-Dec, Q3 = Jan-Mar, Q4 = Apr-Jun
FUTURE YEARS
CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 4. PURSUE CLIMATE CHANGE ADAPTATION AND MITIGATION STATUS FY 2023-24 FY 2024-25
10.b
Packet Pg. 322 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council Guiding documents: Specific project or program Community Engagement Plans ---- Ongoing, non-discretionary or previously initiated projects and services STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Day-to-day organizational management, services, reporting, public meeting coordination, and community engagement, responsiveness, and outreach Doing
b) Develop public engagement plans for major Capital Improvement Projects for Council review as requested Doing c) Complete review and update to Council Advisory Committee/Commission charters Doing d) Continue hybrid Zoom/In-person/streamed meetings for City Council and Planning Commission Doing e) Amend agreement with Pacific Coast Television regarding services and use of PEG fees, and evaluate City technology needs to enhance delivery of hybrid public meetings to improve public communication NEW f) Contract with a communications firm to complete public information materials and marketing of Vision 2025 & Beyond Strategic Financial Sustainability Study by crafting the story behind Pacifica's financial sustainability challenges and its Strategic Plan. (Also under Goal 1 Strategy B) NEW
COUNCIL STRATEGIES WITH STAFF WORKPLANS
A Creatively and appropriately leverage community expertise and volunteers to advance City priorities STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Establish task force for preparation of Climate Action and Adaptation Plan (CAAP) NEW 2) Support CAAP task force throughout CAAP update process NEW B Increase communications, education and connections for community mental health resources STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 1) Mindfulness and Wellness programs will focus specifically on improving community mental and physical well-being and health as recreational programs are added back to the Community Center (following staff relocation) NEW 2) Continue support of the regional Mayors' Mental Health Awareness initative with local participation and programming Doing
Continue support of community efforts, in collaboration with partner agencies and organizations, related to LGBTQ+ awareness and Pacifica Stands United Against Hate Doing 3) Pursue collaborations with partner agencies and organizations to provide mental health information and resources to the public NEW
---- OTHER STRATEGIES CONSIDERED OR TO BE CONSIDERED IN FUTURE YEARS STATUS Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y3 Y4 Y5 Y6 a) Facilitate conversation on substance use To Do
b) Form a Citizens Academy To Do
c) Utilize task forces when feasible To Do
d) Broaden communications and education on all of the City's Goals To Do e) Increase the diversity of public engagement and participation To Do f) Identify changing demographic trends for the community To Do g) Increase outreach to and collabortion with local businesses and regional partners To Do h) Facilitate a community conversation on homelessness To Do i) Define the roles of advocates vs. committees/commissions (inlcuded in Strategy A above) To Do
FUTURE YEARS
Q1 = Jul-Sep, Q2 = Oct-Dec, Q3 = Jan-Mar, Q4 = Apr-Jun
CITY OF PACIFICA STRATEGIC PLAN 2023 TO 2030 -- STAFF WORKPLAN GOAL 5. BROADEN PUBLIC COMMUNICATIONS AND COLLABORATION STATUS FY 2023-24 FY 2024-25
10.b
Packet Pg. 323 Attachment: Attachment B: Staff Work Plan based on the Proposed Strategic Plan (5344 : City Council
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/8/2023
1 SUBJECT:
Proposed Fiscal Year 2023-24 Base Budget, budget strategies, and the Introduction of the FY 2023-28 Capital Improvement Plan.
RECOMMENDED ACTION:
Accept the report and provide feedback and direction on the proposed Fiscal Year 2023-24 Base Budget, budget strategies, and the Introduction of the FY 2023-28 Capital Improvement Plan.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
[email protected]
650-738-7301
Kevin Woodhouse, City Manager
[email protected]
650-738-7409
BACKGROUND:
Each year, the City of Pacifica adopts an annual operating budget that reflects the planned activities for the next fiscal year based on the best information available at the time of adoption.
Then, at mid-year, staff revisits the projections and reports to the Council any changes needed to reflect new information and keep the City on track.
On April 10, 2023, staff presented the Narrative Budget report outlining the Budget planning process, methodology, timeline, and long-term financial forecast.
Unlike the forecast leading into the Budget last year at this time, where the City's long-term financial forecast continued to project a significant ongoing structural deficit, this structural deficit has been mitigated by improved post-COVID revenue projections, including increases in property tax, sales tax, and transient occupancy tax but, most importantly, by the passage of a new Measure Y - ½ Transactions & Use Tax by Pacifica voters in November 2022. As a result, the long-term financial forecast now projects a positive outlook with a structurally balanced budget for FY 2023-24 and beyond, with an approximately $1.3 million preliminarily projected surplus (at the Base Budget level) available to meet Council priorities for the upcoming Budget.
DISCUSSION:
This report presents the FY 2023-24 Base Budget reflecting the current level of services and operations; the Introduction of recommended non-discretionary FY 2023-24 Capital Improvement Plan projects that are included with the Base Budget; and the initial Introduction of numerous budget strategies for the proposed FY 2023-24 Budget. 11 Packet Pg. 324
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At the next budget meeting on June 12, specific budget options and recommendations will be brought forward before the final adoption hearing on June 26.
A summary of the FY 2023-24 budget schedule is presented below:
PUBLIC
MEETING
BUDGET STEP TIME FRAME
1 FY 2022-23 Mid-Year Budget Review to Council March 27, 2023 2 Council Workshops: FY2023-24 Strategic Planning,
Goals and Priority Setting
March 4, 2023
April 11, 2023
3 Budget Session 1: Budget Methodology, Budget Calendar, Long-Term Financial Outlook
April 10, 2023
4 Budget Session 2: FY 2023-24 Strategic Plan and Priorities, FY 2023-24 Base Budget and Introduction of FY 2023-28 CIP Program
May 8, 2023
5 Planning Commission: Review of the Proposed FY2023-28 CIP Plan for Conformity with General Plan
June 5, 2023
7 Budget Session 3: City Council Review and Approval of Proposed FY 2023-24 Budget Recommendations, Master Fee
Schedule
June 12, 2023
8 City Council Budget Hearing: Formal Adoption of the FY 2023-24 Operating and Capital Budget
June 26, 2023
FY 2023-24 BASE BUDGET
The goal of a budget process is to develop the City's Budget by completing a full analysis of the City's revenue and current service level expenditures to identify necessary service increase and/or reduction options, which, when combined, will maintain a balanced and sustainable budget.
Staff made a number of revenue and expenditure assumptions in developing the base budget for FY 2023-24. These assumptions were based on known projections and economic conditions and reflected the budget adjustments made by Council during the mid-year budget review. The resulting structural surplus or deficit at the base budget level is critical to discussing departmental or other program funding beyond the baseline to accomplish identified priorities for the upcoming year.
1. FY 2023-24 GENERAL FUND BASE BUDGET
The General Fund is the City's primary operating fund and is used to account for most day-today activities. It receives unrestricted revenues, and the City's general administrative services, public safety, and community development-related activities such as planning, building, and engineering are budgeted in the General Fund. Revenue sources include but are not limited to property tax, sales tax, transient occupancy tax (TOT), business license tax, and current fees for services.
The City's FY 2023-24 General Fund Base Expenditure budget reflects the current level of services and operations. The base budget is not an exact duplication of the prior year's adopted Budget because of actions that the Council may have taken that modified the Budget over the course of the year and, most notably, because of the FY 2023-24 budget assumptions used to develop the base budget further described below.
Tonight's report presents the FY 2023-24 General Fund Base Revenue Budget of $48.3 million and Base Expense Budget of $47.1 million, leaving a structural surplus of $1.25 million. This 11 Packet Pg. 325
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surplus is primarily resulting from the passage of the ½ cent transactions and use tax (Measure Y) by Pacifica voters in November 2022. Other contributing factors include the post-pandemic recovery of general revenues and a slight reduction in the PERS UAL payment. The prior year's funding for one-time projects have been removed also resulting in slight reduction in contractual services. The summaries of the General Fund Base Budget Revenues and Expenditures are provided in Attachments 1 and 2. The baseline revenues are built on information previously presented during the City's long-term financial outlook discussion. In coordination with other City departments, Finance developed the FY 2023-24 Base Budget assumptions to include all previously approved items by the City Council and factoring in inflationary conditions.
Despite the fact that the FY 2023-24 Base Budget revenues will no longer include the $4.6 million ARPA allocation, the decrease in the Base Budget revenues is only $2.3 million, or 4.6%, over the Mid-Year Revised FY 2022-23 Budget and not the entire ARPA difference. This is, again, primarily due to projected Measure Y revenues. Total FY 2023-24 Base Budget expenditures increased by $1.3 million or 2.8% over the Mid-Year Revised FY 2022-23 Budget level. As a reminder, the base budget reflects current levels of service and current projects and does not factor in yet the cost of enhanced services or new programs.
Below are some key assumptions applied to the FY 2023-24 Base Budget.
FY 2023-24 Base Budget General Fund Revenues Assumptions Revenue estimates have been modified based on the most current information available from department feedback, external sources, and further analysis.
The following revenues are projected to reflect significant changes over FY 2022-23:
• Property Tax is the City's largest revenue source. Historically, Pacifica's property tax base has only very slowly expanded. For the FY 2022-23 Budget, property taxes comprise approximately 31% of City General Fund revenues. Both secured and unsecured property taxes are levied based on the assessed real property valuation (the basis for property tax levy) as of January 1, 2023. The FY 2023-24 property tax revenues are projected at $16.2 million or $1.8 million (4.2%) above the FY 2022-23 Mid-Year Revised Budget of $15.6 million based on the information provided by the County and HdL, the City's property tax consultant.
• Charges for Services is the second largest revenue category that includes building, planning, other permits, recreation revenues and rentals, fines, and reimbursements.
The building and planning revenues are projected to increase based on the current activity level and CPI factors. Overall, this category shows an increase of $670,602, or
8.4%.
• Vehicle License Fee (VLF) in Lieu is the third largest revenue category. Through the State, there has been insufficient ERAF to fund the VLF in Lieu allocation for FY's 2019- 20, 2020-21, and 2021-22. Staff has previously reported to the Council a projected loss (delay) of this major revenue stream currently owed to the City by the State. In the past, the State has backfilled the VLF shortfall, but the State's payment lags two years behind the shortfall year. The state did pay the shortfall for FY 2019-20 and 2020-21 totaling $2.1 million, most of which occurred in this current fiscal year 2022-23. As of now, however, the governor's current Budget does not include a true-up for FY 2021-22 ($691,185) due to be paid back to the City in FY 2023-24. Therefore, the VLF category shows a decrease of $1.5 million compared to FY 2022-23 due to the large payback in the current FY 2022-23 and no shortfall backfill planned by the state in FY 2023-24. • Sales Tax is the City's fourth-largest revenue category. Based on discussions with the City's sales tax advisor and sales tax projections prepared by HdL the local sales 11 Packet Pg. 326
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activities forecast is expected to show slightly better performance than initially expected.
This is due to an increase in the Restaurants and Hotel category of 2.5% and the State / County pool allocation for online sales increasing 4.3% over the FY 2022-23 projections.
The biggest offset is projected to occur in the Fuel and Service Stations industry group with a decrease of 7.7%. Total sales tax is estimated at $3.4 million, an additional 1.3% increase over the Revised FY 2022-23 Budget.
• Measure Y is a ½ cent Transaction & Use Tax that was passed by the voters in the City of Pacifica in November 2022. The tax became effective April 1, 2023 and FY 2023-24 will be the first full year of collections. HdL projects this revenue to be $2.8 million in FY 2023-24. This revenue source is now the fifth-largest revenue category. • Other Categories are broken out into Utility Users Tax (UUT) ($2.7 million), Transient Occupancy Tax ($2.7 million), Cannabis Operations tax ($0.8 million), Business License Tax ($0.5 million), other taxes ($1.7 million) and Intergovernmental ($2.3 million). The FY 2023-24 base budget was built on the historical averages, economic trends and the prior year's returns. Intergovernmental revenue category decreased by $4.6 million as a result of the end of the ARPA funding.
• Other Taxes project a significant drop of $0.4 million or 25% over the FY2022-23 Revised Budget due to recent ruling on the State Supreme Court that put all California cities Franchise Fees at risk unless the fee can be justified and directly tied to the associated cost. Because the Court ruling coincided with the City's negotiations of the Recology Franchise agreements, the City was able to identify this cost in accordance with the ruling standards based on the recently completed Refuse Vehicle Impact Study.
The study identifies $421K of City cost for streets. However, this portion of the Franchise Fees now must be used solely for street maintenance and therefore will be shifted out of the General Fund and directly deposited in the Street Improvement Fund. • Operating Transfers In include transfers from the Gas Tax and Street Construction Fund to pay for Public Works street maintenance staff in the General Fund. The amount is unchanged from the prior year.
FY 2023-24 Base Budget General Fund Expenditures Assumptions Total General Fund Base Budget expenditures are projected at $47.1 million at the Base budget level, $1.3 million or 2.8% less than the FY 2022-23 Revised Budget. Operating Expenses are set consistent with the prior year's actuals and Mid-Year Revised budget adjustments and account for expected inflationary increases.
Attachment 2 demonstrates the General Fund expenditure estimates for FY 2023-24 at the Base Budget level. Below are the key base budget expenditures assumptions:
• Salary and Benefits projections include funding for 185.25 full-time equivalents (FTE) positions citywide at 100%. Funding for part-time positions is consistent with the prior year's allocation. Overall, salaries and benefits increased by $155k compared to the FY 2022-23 mid-year revised Budget. The increase is minimal primarily due to decreases in CalPERS UAL payment due to appreciation of the market value of the assets as a result of favorable investment market conditions by CalPERS. The gains in the market value of the assets directly reduce the total unfunded liability and are amortized over a 20-year period. The annual UAL payment is also reduced by year one of the 20-year amortization of the gain.
• Vacant positions are budgeted at the top step with the "employee plus one" cafeteria plan assumption for health benefits. Projections also include merit increases for eligible staff members on their performance review dates.
• No assumption is made for ongoing annual increase in the employee compensation as the City is currently in labor negotiations with all labor groups. Once the new Memoranda of Understanding (MOU) terms and provisions are in place this category will be revised 11 Packet Pg. 327
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at the mid-year.
• FY 2023-24 PERS retirement rates are budgeted as provided by CalPERS for classic miscellaneous and safety members and Public Employees' Pension Reform Act (PEPRA) rates for miscellaneous and safety employees without prior municipal experience or who have had a break in service.
Employer Plan FY 2023-24
Miscellaneous 12.75%
PEPRA Safety Fire 13.54%
PEPRA Safety Police 13.54%
Safety Fire 24.15%
Safety Police 27.11%
• PERS Unfunded Accrued Liability (UAL) payment is budgeted at $4.8 million for Safety and Miscellaneous employees, a decrease of approximately $320,000 or 6%; An additional contribution to the 115 trust administered by Public Agency Retirement Services (PARS) of $167,500 is included to help fund the City's pension obligations in accordance to the Pension Funding Policy; A continuing contribution of $200,000 to PARS is budgeted to fund OPEB unfunded liability, consistent with the Council funding strategy #5 approved in April 2022.
• Most Professional Services contractual obligations were increased by 2% over the FY 2023-24 Revised Budget to account for regular inflationary increases unless the further cost increase was noted and factored into the Budget by operating departments. This Category shows a 13.5% decrease primarily because of removal of a large one-time legal settlement in the City Attorney's Office included in the FY2023-24 Revised Budget and from moving the General Liability expense to the General Liability Internal Service Fund. A transfer to the General Liability Insurance Fund has been correspondingly increased.
• Similarly, most of the Material, Supplies, and Maintenance category assume a modest 1% increase. However, this budget category decreased by 1.3% from the FY 2022-23 Mid-Year Revised Budget primarily for the reduction of the election costs in the City Clerk division of the City Manager's Office.
• Operating Transfers Out Category accounts for a transfer to the Debt Service Fund to fund Pension Obligation Bonds, and other debt obligations and accounts for transfers to the General Liability Internal Service Fund. Overall, this Category projects a net increase of approximately $781,800 primarily due to increases in the transfer to the General Liability Internal Service Fund to cover general liability premiums, self-insurance claims, risk management staff costs, and related risk management legal costs. The Risk Management premium increased by nearly $0.4 million or 13% compared to the current year primarily due to significant property insurance cost increase in the unstable postpandemic insurance market. • Capital Transfers Out Category does not have any allocation in FY 2023-24, because the new CIP projects are funded outside of the General Fund.
Projected Fund Balance Structure - General Fund
The structural deficit reported by staff last year has been mitigated by improved post-COVID revenue projections, and most importantly, by passage of a new Measure Y - ½ Transaction & Use Tax in November 2022.
Because of this important decision by Pacifica's voters to enact locally controlled funding to help fund city services, the City's long-term financial outlook no longer projects the ongoing structural deficit of approximately $2.7 million reported last year. On the contrary, it displays a positive outlook for a structurally balanced budget for FY 2023-24 and beyond, with nearly $1.3 million of projected surplus available to meet Council priorities for the upcoming Budget. 11 Packet Pg. 328
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FY 2021-22
Actual
FY 2022-23 MidYr. Revised
Budget
FY 2023-24
Proposed Base
Budget
Revenues:
Operating Revenues $42,450,605 $49,546,470 $47,054,900
Operating Transfers In 1,130,919 1,130,900 1,291,900
Total Revenues 43,581,524 50,677,370 48,346,800
Operating Expenditures :
Operating Expenditures 38,082,061 45,330,846 43,866,926 Operating Transfers Out 2,105,875 2,445,381 3,227,200
Capital Transfers Out 3,000,000 655,000 -
Total Operating Expenditures and Transfers 43,187,936 48,431,227 47,094,126 Surplus (Deficit) 393,589 2,246,143 1,252,674
Again, the numbers presented in this report only reflect the current Base Budget level of services with funding of non-discretionary capital projects. It does not consider the implementation of budget strategies and other recommendations by the City Manager that will be brought forward at future budget meetings for more in-depth discussion and the Council's direction on how to reach a balanced and sustainable budget at a desirable level of services.
CAPITAL IMPROVEMENT PROGRAM
Due to the City's limited capital funding sources and limited staff capacity to manage major capital projects, the FY 2023-24 CIP Program recommendations are only limited to projects with grant funding sources, legally mandated projects, or projects that pose an immediate threat to public health and safety. These projects are considered non-discretionary.
Below is a preliminary list of new non- discretionary projects proposed for FY 2023-24 funding included in the Base Budget:
General Capital Projects:
1. Sharp Park Priority Development Area (PDA) Access Pedestrian Improvement Project - 2.3m - Project will construct ADA improvements on Paloma, Carmel and Santa Maria and a bike boulevard on Paloma.
2. FY 2022-23 Pavement Resurfacing Project - $2.2m - Project will rehabilitate the pavement along roads designated in the 5-year paving plan. It will also include pavement grinding for base repair as well as installation of thermoplastic traffic striping, markings and pavement markers.
3. FY 2023-24 Concrete and ADA Improvement Project - $310k - Improvement of ADA curb ramps in the vicinity of the yearly resurfacing project and associated sidewalk sections.
4. Fire Station 72 Painting Project - $50k - Painting and priming of the exterior of Fire Station 72 including repair/replacement of damaged siding and facade.
5. Fire Station 71 Roof Repair Project - $200k - Re-roofing of the station is needed to stop leaks into the building and prolong building life.
6. Old WW Treatment Plant Garage Roof Repair Project -$50k - Garage is used to store equipment and roof needs repair to prevent failure.
7. Anza/Arguello Interim Storm Drain Upgrade Project - $350k - Provide interim upgrades to the stormdrain system around the Anza/Arguello area to lessen the possibility of flooding in the area while City pursues grant funding for recommended SDMP lower Linda Mar project.
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8. Frontierland Park Grading and Pathway Project - Grade and pave pathway at park parking area to allow for ADA access.
Wastewater Projects
9. Linda Mar Stormwater Pump Station Rehabilitation Project - $350k - Repair and rehabilitate equipment for the stormwater pumping system.
10. Pump Stations SCADA and PLC Upgrades - $100k - Upgrade the Supervisory Control and Data Acquisition (SCADA) and Programmable Logic Controller (PLC) Systems at the Pump Stations. Other upgrades needed will be to improve the communication between the Plant and pump stations.
The following continuing non-discretionary Projects are currently underway and will require additional funding in FY 2023-24:
General Capital Projects
1. School Crosswalk Beacon Replacement Project - $200k - In 2014, in-ground roadway lights and flashing signs were installed at five schools. Those systems now have maintenance issues and failures. Standard signs have changed, and thus, replacing those with Rectangular Rapid Flashing Beacons is recommended for this project.
2. Community Center Improvements - $130k - Ongoing maintenance & improvements needs that include flooring replacement and painting.
3. Civic Center Facilities Rehabilitation Project - $600k - The February Civic Center Update discussed substantial project change orders due to preexisting building damage, such as rot, that was discovered after removing the exterior of the building. Damaged stud replacements required foundation changes to meet current building code. The Update noted that delay/damage costs are ~$600k, using the majority of the City's $750k project contingency. Although the requested contingency was on the low side at 8% (typically 10% or greater), staff was hopeful the project could be completed for this amount. The project schedule has also been pushed out until the late fall, which will require added architectural services. Funds will cover change orders and architectural services.
4. San Pedro Creek and Pacifica State Beach Total Maximum Daily Load (TMDL), Monitoring Plan and Best Management Plan - $61k - This project allows for bacteria monitoring for San Pedro Creek by Pacifica State Beach as required by the state Water Board.
Wastewater Projects
5. CCWRP Building Elevator Assessment - $50k - The building elevator operation has been requiring servicing visits more frequently over the past year. The purpose of this Project is to assess the current condition and determine how to move forward.
6. Forcemain Condition Assessment - $75k - Perform sanitary sewer forcemain condition assessment.
7. Linda Mar Pump Station Rehabilitation and Repair Project - $1.065m - Replace outdated and aging electrical and instrumentation components at the Linda Mar Pump Station. The project includes replacing components such as MCC panels, breakers, switches, level control devices, and flow meters, and adding new jockey or smaller pump to improve wear and tear on bigger pumps and increase efficiency.
8. Collection Systems Project - $250k- Various projects to repair and/or replace the aging sewer mainlines around the City. Location will be determined and evaluated annually.
9. Lateral Grant Assistance - $200k - The City continues to embark on implementing a voluntary private service lateral replacement program to reduce the addition of I&I from defective private service laterals.
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10. Relocation of Sewer Mainline SF RV Park - $300k - Relocate sewer mainline at SF RV Park to City Public right-of-way. The project is multi-year and is estimated to cost around $4 million which includes acquiring coastal development permit from the Coastal Commission, engineering design and construction. For FY 23-24, the scope is to complete a preliminary design and start the coastal development permit process.
11. CCWRP Centrifuges - $75k - Ongoing part replacements and rebuild of the existing 2 centrifuges as needed.
12. CCWRP Pump Replacement - $50k- Ongoing purchase to replace aging pumps, valves and motors for the Calera Creek Water Recycling Plant.
13. Calera Creek Wetlands Maintenance - $100k - Ongoing maintenance for the restored Calera Creek wetlands and frog ponds.
14. CCWRP Roof Improvements - $70k - Install topcoat over the existing deck coating of the CCWRP roof to prevent leaks in the building and prolong useful life of roof and building.
15. CCWRP R&R Project - Sand Filter Upgrade - $200k - This project will upgrade the original sand filter system at the Calera Creek Water Recycling Plant. Upgrades will include new PLC and new backwash programing, and new underdrains.
16. CCWRP R&R Grit System Upgrade - $100k - Project will include Rehab/Replacement of Grit Chamber, Grit Pump Grinder, Grit Pump and Grit Classifier.
17. CCWRP Rehabilitation and Repair Project - $50k - The CCWRP is more than 20 years old and a Condition Assessment has identified equipment and processes in need of replacement, rehabilitation or enhancement, and staff will prioritize projects that need to commence this fiscal year.
18. Ultraviolet Disinfection System Upgrade - $3m - This project will replace the aging ultraviolet disinfection system. The Project includes design, UV equipment purchase, construction which will also include temporary UV.
19. CCWRP Electrical Condition Assessment and Improvements - $825k -The Plant electrical system has been updated as needed but is aging with some existing replacement parts no longer available. The Project conducted a condition assessment of electrical systems including backup generation. Several critical projects were identified, and staff will prioritize projects that need to commence this fiscal year.
20. CCWRP Environmental Compliance Project - $25k -On-going needs to address environmental compliance related issues.
21. Lower Linda Mar (I/I) Rehabilitation and Repair Project - $3.5m -The Project will replace approximately 16,000 LF of sewer main and appurtenances in Lower Linda Mar area.
22. Rockaway Pump Station Rehabilitation & Repair - $100k - Ongoing replacement of old equipment in the Rockaway Pump Station including wastewater centrifugal pumps and motors, and emergency generator.
Staff has identified probable funding sources for these projects in Attachment 4. These include Federal and State Grants, County contributions, Gas Tax, and various other tax measures.
Other projects are funded from various Fund balances. Some of these include the Roy Davies, Frontierland Remediation and Disaster Accounting Funds. All projects referenced above and in Attachment A are already included in the Base Budget. However, once the Council provides additional direction regarding this list or other CIP projects, staff will incorporate the final FY 23- 24 CIP Budget recommendations in the complete five-year CIP program.
Discretionary projects, rollover projects that were not started last year due to staffing constraints, on-going non-discretionary projects not requesting new funding and projects awaiting FEMA review are included in Attachment 5.
During the mid-year budget discussions, the City Manager recommended allocating $650k to 11 Packet Pg. 331
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arterial/collector street resurfacing on streets not included in the City's 2020 5-year Street Maintenance Program. Council requested delaying this discussion until undertaking a full discussion of the CIP program related to Budget. Staff will incorporate the Council's direction on how to allocate these funds in the Proposed FY 23-24 CIP Budget that will be presented on June 12, 2023.
OTHER FUNDS - BASE BUDGET
The Base Budget revenue and expenditure for all other funds have also been updated and are summarized in Attachment 3. This includes all the Special Revenue, Debt Service, Enterprise, and Internal Service Funds. The full budget discussion will include "All Funds," which we typically divide into the General Fund (the majority in terms of dollars and completely discretionary) and Other Funds (largely designated for specific purposes) as well as the Capital Budget (significant projects expected to begin or continue in 2023-24). The Base Budget numbers include the CIP budget allocations.
Staff used the same basic assumptions for all other funds to factor in 2% cost of living increase for the contract services category and 1% for material, supplies, and maintenance.
Enterprise Funds consist of Sewer/Wastewater and Beach Parking funds. Enterprise funds are used for services that are financed and operated as a private business enterprise. The FY 2023- 24 total enterprise funds base expense budget is $29.1 million, which is 28% of the City's overall Budget. Sewer funds are used to account for sewage collection, treatment, major replacements, and maintenance and protection improvements to the sewer system. Sewer charges of $18.7 million are based on a 3.5% rate increase in FY 2023-24. The sewer operating expenditures include the same inflationary base budget assumptions. The Salaries and Benefit costs of approximately $5.5 million are based on 15 FTE allocated to the Sewer Fund and include all current MOU provisions. The Beach Parking Fund is used to account for parking services to residents and visitors. The Enterprise Funds revenues are projected at $19.3 million, which is in-line with the FY 2022-23 Revised Budget.
Special Revenue and Capital Funds are used to account for specific revenue sources or financial resources for which expenditures are restricted by law or administrative action to specific purposes. This Category includes Gas Tax and Streets Funds, General Capital, Drainage, Housing in-lieu, Parking in-Lieu, Park in-Lieu, PB&R Special Revenue and Roy Davies Trust, Disaster Accounting, and other funds. The FY 2023-24 expenditures of $15.8 million for this Category represent around 16% of the City's total Budget.
Internal Service Funds serve the needs of the City and are used to account for Citywide services on a cost-reimbursement basis. These funds accommodate the motor pool, employee benefits, and risk management needs of the City and are supported by the funds that receive benefits. The FY 2023-24 budget for this Category is $5.0 million, which is 5% of the City's Budget.
Debt Service Fund is used to account for long-term debt obligations. The FY 2023-24 budget for the debt service category is based on the updated debt service schedule. The FY 2023-24 budget for this Category is $2.5 million, which is 3% of the City's Budget.
PRELIMINARY BUDGET STRATEGIES FOR FY 2023-24 BUDGET
The Council's input on the following recommended budget strategies will help guide the development of budget recommendations for FY2023-24 that achieve the Council's Strategic Plan Goals and Strategies and continue providing exceptional City services to the Pacifica 11 Packet Pg. 332
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community. This year's recommended strategies are organized and presented within the framework of the City Council's Strategic Plan.
➢ Council Goal #1: Enhance organizational and fiscal stability. This goal includes the following three Council Priority Strategies, in addition to ongoing, non-discretionary or previously initiated projects and services that enhance organizational and fiscal stability.
A. Improve staff retention and recruitment and increase staffing for rising workloads.
B. Consider possible tax and bond measures for 2024.
C. Prioritize implementation of the Economic Opportunities Study.
Recommended Budget Strategies:
Strategy #1: Utilize funding strategies that minimize General Fund impact to augment professional staffing.
As in previous years, without sufficient operating revenue surplus, it is challenging for the City to add new positions. However, staff is working on identifying several staff-augmentation strategies to help deliver projects and services effectively. These strategies will be presented more comprehensively in the next Budget Session, but are generally described here to receive initial Council feedback:
1. Fund Interns/Fellows - Lower-cost and temporary positions, such as interns/fellows, can be an effective way to augment staff work. Developing younger employees through these placements is also a great training and recruitment tool for potential future full-time employees;
2. A full-time Capital Project Manager's time can be charged to funded capital projects, which often have funding sources other than the General Fund, thus reducing General Fund impact;
3. With an anticipated increase in private development applications, budgeting for additional contract planning staff services may be warranted and would be reimbursed by private applicants;
4. The Short-term Rental Program is an expensive and time-consuming program to administer, requiring significant staff resources from Code Enforcement, Planning, Police, Finance, and the City Manager's Office. Implementing an STR Permit Fee to cover these costs would generate annual revenue to augment staff resources related to the program.
Strategy #2: Continue to build the City's Reserve Funds due to future financial uncertainties concerning the Vehicle License Fee In-lieu payments from the state.
Prior to FY2018-19, the Council approved revisions to the City's Reserves Policy and began funding Reserves. The Reserves Policy states:
"…the City has established certain financial reserves to protect the City against unexpected interruptions in revenues, the vulnerability of State actions, adverse economic conditions, unpredictable one-time costs, and exposure to natural disasters and emergencies." Due to the Governor's decision in his proposed Budget for FY2023-24 to not back-fill vehicle license fee in-lieu payments the state owes San Mateo County and cities, the City Manager recommends prudently planning for future shortfalls by maintaining General Fund reserve amounts that can back-fill these losses. The FY 2023-24 Base Budget does not include a backfill amount of $691,185 that is due from the State. Although, there is a possibility that the 11 Packet Pg. 333
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State will revise its Budget in the May's review, these payouts to cities are not included in the preliminary Budget. All San Mateo County cities have been aligned in the coordinated advocacy efforts to oppose this issue. Staff will update the Council as more information becomes available.
➢ Council Goal #2: Improve and steward City infrastructure and facilities. This goal includes the following four Council Priority Strategies, in addition to ongoing, nondiscretionary or previously initiated projects to improve and steward City infrastructure and facilities.
A. Complete selected stormwater and flooding improvements citywide.
B. Advance the Beach Boulevard Resiliency and Esplanade Protection Projects.
C. Pursue planning and financing for the Library projects.
D. Develop a Facilities & Equipment Plan for Public Safety and the Community Center.
Recommended Budget Strategies:
Strategy #3: Additional funding for the Civic Center Project.
Completion of the Civic Center project is related to Improving City Facilities as well as Council Goal #1, Organizational Stability. As discussed with Council in the Civic Center Update for February 2023, the City has experienced substantial contractor charges due to preexisting building damage, such as rot, that was discovered after removing the exterior of the building.
Additionally, changes were also required to the foundation to meet current building codes because of the amount of wood damaged studs that needed to be replaced. The update noted that delay and damage costs at that time were anticipated to reach $600k, using the majority of the City's $750k contingency for the project. Although this contingency was on the low side at 8% (10% or greater is typical for complex projects), staff was hopeful the project could be completed under this amount. Due to storm delays and other factors, the project schedule has also been pushed out for completion until the late fall instead of June, which will require additional architectural services to support the project during this extended time frame.
Therefore, the City Manager is recommending an additional one-time $600k out of the available Disaster Accounting Fund Balance to cover both project related change orders and anticipated needs for architectural services.
Strategy #4: Capital Improvement Program Funding for Priority Storm Drainage and Streets Projects.
The City Manager recommends allocating the anticipated $650,000 in Measure Y revenue collected during this fiscal year from April 1, 2023, through June 30, 2023, towards additional priority streets paving projects. Because this additional revenue was not anticipated when the FY2022-23 Operating Budget was adopted last year, it is available as one-time revenue that can be applied to CIP Priorities, such as streets paving projects. In addition, the proposed CIP also identifies priority storm drainage projects, such as the Anza/Arguello Interim Storm Drain Upgrade project. Due to the storm/disaster-related nature of flooding this area, the City Manager recommends allocating $350,000 from Fund 38, the Disaster Accounting Fund, toward this project. A balance of approximately $ 10 million is projected to remain in Fund 38, reserved for other disaster/storm damage response projects.
➢ Council Goal #3: Prioritize protection and development of affordable housing. This goal includes the following three Council Priority Strategies, in addition to ongoing, non11 Packet Pg. 334
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discretionary or previously initiated projects and services that prioritize protection and development of affordable housing.
A. Complete the Housing Element Update.
B. Update the Short-Term Rental Ordinance.
C. Prioritize Housing Element program implementation.
Recommended Budget Strategies:
Strategy #5: Reprioritize a portion of Excess Educational Revenue Augmentation Funding (Excess ERAF) toward funding for affordable housing.
Excess ERAF revenue is not considered a stable ongoing source of annual revenue, and is therefore allocated as one-time funding in every year it is received as follows:
• $83,000 toward the Pacifica Resource Center
• $5,000 toward the Pacific Beach Coalition
• Remaining balance received toward Fund 38 (Disaster Accounting Fund) • Occasionally a share of Excess ERAF has been allocated toward other essential capital projects, such as the Civic Center project last year Due to the Council's emphasis on Affordable Housing in this year's Strategic Plan, the City Manager recommends splitting the remaining balance, following allocation to the NGOs, between Fund 38 and the Housing In-lieu fund (or a different housing fund to be established) for future potential affordable housing projects. Excess ERAF Revenue is projected to be $3.5 million during FY2023-24, therefore $1.75 million would go into Fund 38 and another $1.75 million into an affordable housing fund.
➢ Council Goal #4: Pursue climate change adaptation and mitigation. This goal includes the following three Council Priority Strategies, in addition to ongoing, non-discretionary or previously initiated projects to pursue climate change adaptation and mitigation.
A. Update the Climate Action and Adaptation Plan, including performance targets.
B. Continue the urban forestry/tree canopy inventory and projects.
C. Update Pacifica's Local Coast Plan and improve relations with the Coastal Commission.
Recommended Budget Strategies:
There are no specific budget strategies recommended related to this goal other than the operating and project budgets and grant opportunities necessary to carry out the completion of the Climate Action and Adaptation Plan Update, the City Tree Program Evaluation, other Capital Improvement Projects related to solar and electric vehicle charging stations and completing the certification process for Pacifica's Local Coastal Plan through the Coastal Commission. ➢ Council Goal #5: Broaden public communications and collaboration. This goal includes the following two Council Priority Strategies, in addition to ongoing, nondiscretionary or previously initiated projects to broaden public communications and collaboration.
A. Creatively and appropriately leverage community expertise and volunteers to advance City priorities.
B. Communicate available mental health resources to community with increased education and connections.
Recommended Budget Strategies:
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Strategy #6: Allocate a specific amount of training, conference, and travel funding for each Councilmember to be transparent to the public and equitable amongst Councilmembers about funding for professional development activities.
A best practice for equitably managing use of training, conference, and travel funding use is to designate a specific amount to each Councilmember, allowing individual members to prioritize how they would like to apply their allocation throughout the year. As a starting recommendation, and bearing in mind the City’s resource limitations, the City Manager recommends a budget of $7K per Councilmember per year, with new Councilmembers allocated an additional $3K for their first year. This amount would total to a City Council training, conference, and travel budget of $38K/year. It is to be noted that conference registrations, hotel charges, and travel costs have increased significantly in recent years, such that a three-day conference in southern California could easily cost $2,000-3,000.
To develop a balanced and sustainable budget, staff will further define the strategies above to bring back at future budget sessions. Staff is seeking Council feedback on the budget strategies recommendations. Council's feedback will be integrated into a specific work plan for the upcoming year.
NEXT STEPS
At the next meeting on June 12, 2023, staff will be presenting the proposed FY 2023-24 Operating budget. All departments are currently working on their budget recommendation for service changes that will be submitted to the City Manager in order of department priorities.
Over the next few weeks, the City Manager will meet with each department to review and discuss their requests and ultimately formulate a plan for the balanced FY 2023-24 budget. FY 2023-24 Budget recommendations will be based on many factors, including the Council's strategic vision and service-level impact on the overall City operations and services provided to the community.
FISCAL IMPACT:
There is no action associated with this item; this is an informational presentation only with Council comments being sought to help guide preparation of the Proposed Budget for future Council consideration.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment 1 - General Fund Baseline Budget Revenues Summary (PDF) Attachment 2 - General Fund Baseline Budget Expenditures Summary (PDF) Attachment 3 - Fund Balance Summary (PDF)
Attachment 4 - FY 2023-24 Recommended Non-Discretionary CIP Budget (PDF) Attachment 5 – Other Active CIP Projects (PDF)
Attachment 6 - Unfunded Pension and OPEB Liability Funding Strategy (PDF) 11 Packet Pg. 336
Attachment 1
Description FY 2021-22
Actual
FY 2022-23
Mid-Yr.
Revised
Budget
FY 2023-24
Proposed
Base Budget
% of FY
2023-24
Budget
$ Change
Base over
Midyear
Revised
% Change
Base over
Revised
Taxes $ 28,851,076 $ 34,555,707 $ 35,896,500 74% $ 1,340,793 3.9% Property Tax 14,500,404 15,554,100 16,204,900 34% 650,800 4.2% Vehicle License Fees 4,355,327 6,986,807 5,508,600 11% (1,478,207) -21.2% Business License Tax 460,964 453,000 520,700 1% 67,700 14.9% Cannabis Tax 839,527 825,000 825,000 2% - -
Sales Tax 3,136,434 3,356,000 3,401,000 7% 45,000 1.3%
Measure Y - 650,000 2,800,000 6% 2,150,000 330.8%
Transient Occupancy Tax 1,492,502 2,643,000 2,669,500 6% 26,500 1.0% Utility Users Tax 2,265,330 2,400,000 2,700,000 6% 300,000 12.5% Other Taxes 1,800,589 1,687,800 1,266,800 3% (421,000) -24.9% Intergovernmental 7,233,142 6,887,165 2,276,700 5% (4,610,465) -66.9% Other Revenue - 88,000 88,000 0% - -
Charges for Services 6,366,388 8,015,598 8,793,700 18% 778,102 9.7% Sub-total $ 42,450,605 $ 49,546,470 $ 47,054,900 97% $ (2,491,570) -5.0% Transfers In 1,130,919 1,130,900 1,291,900 3% 161,000 14.2% Total $ 43,581,524 $ 50,677,370 $ 48,346,800 100% $ (2,330,570) -4.6% City of Pacifica
General Fund Revenue Detail
FY2023-24 Proposed Base Budget
11.a
Packet Pg. 337 Attachment: Attachment 1 - General Fund Baseline Budget Revenues Summary (5347 : FY 2023-24 Attachment 2
Expenditure By Category FY 2021-22
Actual
FY 2022-23
Mid-Yr.
Revised
Budget
FY 2023-24
Proposed
Base Budget
% of FY
2023-24
Budget
$ Change
Base over
Midyear
Revised
% Change
Base over
Revised
Salaries & Benefits $ 27,270,356 $ 30,677,431 $ 30,749,426 65% $ 71,995 0.2% Contract Services 7,201,485 11,041,884 $ 9,554,300 20% (1,487,584) -13.5% Material/Supplies/Maintenance 3,610,220 3,611,531 $ 3,563,200 8% (48,331) -1.3% Sub-Total 38,082,061 45,330,846 43,866,926 93% (1,463,920) -3.2% Transfers/Allocations Out 2,105,875 2,445,381 3,227,200 7% 781,819 32.0% Transfers Out - Capital 3,000,000 655,000 - 0% (655,000) -100.0% Total $ 43,187,936 $ 48,431,227 $ 47,094,126 100% $ (1,337,101) -2.8% Expenditure By Deparment FY 2021-22
Actual
FY 2022-23
Mid-Yr.
Revised
Budget
FY 2023-24
Recommende
d Base
Budget
% of FY
2023-24
Budget
$ Change
Base over
Midyear
Revised
% Change
Base over
Revised
General Government $ 6,196,094 $ 7,911,434 6,902,440 15% (1,008,994) -12.8% Police Department $ 10,739,867 11,506,318 11,763,585 25% 257,267 2.2% Fire Department $ 7,843,124 7,821,755 8,027,268 17% 205,513 2.6% Planning & Building $ 3,056,701 5,394,439 5,541,088 12% 146,649 2.7% Public Works $ 4,371,547 5,101,675 4,806,522 10% (295,153) -5.8% Parks, Beaches & Recreation $ 4,777,197 5,658,925 5,703,623 12% 44,699 0.8% Non-Departmental $ 6,203,404 5,036,681 4,349,600 9% (687,081) -13.6% Total $ 43,187,936 $ 48,431,227 $ 47,094,126 100% $ (1,337,101) -2.8% General Fund Expenditures
City of Pacifica
FY2023-24 Proposed Base Budget
11.b
Packet Pg. 338 Attachment: Attachment 2 - General Fund Baseline Budget Expenditures Summary (5347 : FY 2023-24 Attachment 3
City of Pacifica
FY 2023-24 Base Budget
Fund Balances Summary
GENERAL FUND $ 17,888,368 $ 48,346,800 $ 47,094,126 $ 1,252,674 $ 19,141,042
ENTERPRISE FUNDS
18 Sewer Charge Fund 2,932,291 18,671,000 17,018,101 1,652,899 4,585,190 34 Sewer Facility Construction Fund 18,242,292 3,000 10,488,000 (10,485,000) 7,757,292 35 Beach Parking Fund 444,570 665,000 462,064 202,936 647,506 Total Enterprise Funds 21,619,153 19,339,000 27,968,165 (8,629,165) 12,989,988
SPECIAL REVENUE FUNDS
07 SLES Fund 228,063 130,000 128,300 1,700 229,763
09 Measure A Fund 3,201,778 1,463,000 3,358,500 (1,895,500) 1,306,278 10 Gas Tax Maintenance Fund* 247,021 2,245,900 1,763,100 482,800 729,821 11 Measure W Fund - 560,000 310,000 250,000 250,000
12 Highway 1 Improvement Fund 587,298 29,500 59,796 (30,296) 557,002 13 Street Improvement Fund - 1,171,000 550,000 621,000 621,000 14 Manor Drive Improvement Fund 575,891 2,700,000 3,060,000 (360,000) 215,891 15 Aircraft Noise Project 411 - - - 411
16 NPDES Stormwater Fund 311,184 203,000 334,600 (131,600) 179,584 19 Planned Local Drainage Fund (95,190) 477,000 104,100 372,900 277,710 22 General Capital Improvement Fund 5,514,964 4,181,000 4,205,000 (24,000) 5,490,964 23 Frontierland Remediation 475,905 75,000 280,000 (205,000) 270,905 24 Housing In-Lieu Fund 244,014 - - - 244,014
25 Parking In-Lieu Fund 14,142 - - - 14,142
26 Park In-Lieu Capital Improvement 480,827 120,000 - 120,000 600,827 27 PB&R Roy Davies Trust 1,552,614 - 135,400 (135,400) 1,417,214 28 PB&R Special Revenue Fund 1,919,326 - 200,583 (200,583) 1,718,743 29 Tree Special Revenue Fund - - - - -
31 Pacifica Library Fund 121,143 34,000 34,700 (700) 120,443 38 Disaster Accounting Fund 7,915,911 3,347,500 1,245,000 2,102,500 10,018,411 Total Special Revenue and Capital Funds 23,295,302 16,736,900 15,769,079 967,821 24,263,123
INTERNAL SERVICE FUNDS
65 Self Funded Dental Plan 270,127 248,500 181,100 67,400 337,527 66 Self-Insurance Fund W/C 566,919 1,100,000 1,100,000 - 566,919 67 Self-Insurance Fund Liability 721,080 2,030,300 2,380,300 (350,000) 371,080 71 Motor Pool Operations Fund 249,705 1,200,000 1,190,712 9,288 258,993 72 Motor Pool Replacement Fund 712,095 125,000 100,000 25,000 737,095 74 Fire Equipment Fund 147,232 133,300 - 133,300 280,532 Total Internal Service Funds 2,667,158 4,837,100 4,952,112 (115,012) 2,552,146
DEBT SERVICE FUNDS
40 Debt Service Fund 5,317,384 2,499,800 2,499,800 - 5,317,384 Total Debt Service Funds 5,317,384 2,499,800 2,499,800 - 5,317,384 Total Other Funds 52,898,997 43,412,800 51,189,157 (7,776,357) 45,122,640 Total All Funds $ 70,787,365 $ 91,759,600 $ 98,283,283 $ (6,523,683) $ 64,263,682 Revenues &
Transfers In
Proposed Budget
Expenditures &
Transfers Out
Proposed
Budget
Revenue Over
(Under)
Expenditures
Projected
Fund Balance
6/30/2024
Fund Name
Revised
Projected Fund
Balance
6/30/2023
11.c
Packet Pg. 339 Attachment: Attachment 3 - Fund Balance Summary (5347 : FY 2023-24 Budget Study Session 2) Attachment 4
City of Pacifica
Proposed Capital Projects 2023-24
Budget numbers in 1000's
Project
Project
No.
Exp.
Fund
FY 2023-24
Allocation
FY 22-23
Rollover
Funds
Total
Available
Funding Source(s) Notes
Fund 9 -
Measure A
Fund 11-
Measure W
Fund 13-
Street
Improvem
ent
Fund 16 -
NPDES
Fund 22-
Capital
Improvem
ent
Fund 23 -
Frontierla
nd
Remediati
on
Fund 27-
Roy
Davies
Fund 34 -
WWTP
Fund 38 -
Disaster
Acct.
Grants,
Revenues,
and
Insurance
Reimb
Non-Discretionary New/Yearly Projects with Grant Funding Received in FY 22-23 FY 2023-24 Pavement Resurfacing
Project
344 F9 &
F13
$2,200 $2,200 SB1, Measure W & A -
3/27 approved $1,650 $550
FY 2023-2024 Concrete & ADA
Improvement Project
345 F11 $310 $310 Meaure W -3/27
approved $310
Painting of Fire Station 72 346 F22 $50 $50 Fund Balance of Fund 22 $50
Fire Station 71 Roof Project 347 F22 $200 $200 Disaster Accounting (Fund 38) $200
Old WW Treatment Plant Garage
Roof Project 348 F22 $95 $95 Disaster Accounting (Fund 38) $95 Anza/Arguello Interim Storm Drain
Upgrade Project 349 F22 $350 $350 Disaster Accounting (Fund 38) $350 The Sharp Park Priority
Development Area (PDA) Access
Pedestrian Improvement
353 F22 $2,300 $2,300 OBAG 2, TFCA, CCAG
Measure M
$2,300
Frontierland Park Grading and
Pathway Project 350 F22 $280 $280 Other funds $280
Linda Mar Stormwater Pump
Station Rehabilitation Project C047 F34 $350 $350 WW 34 $350 Pump Stations SCADA and PLC
Upgrade C046 F34 $100 $100 $100
Non-Discretionary On-going Project Requesting FY 23-24 Allocation San Pedro Creek and Pacifica State
Beach Total Maximum Daily Load
(TMDL), Monitoring Plan and Best
Management Plan
351 F16 $61 $61 Other funds $61
Community Center Improvements 0333 F22 $130 $60 $190 Roy Davis Fund $130 Civic Center Facilities Rehabilitation
Project
352 F22 $600 $600 Disaster Accounting
(Fund 38) $600
School Crosswalk Beacon
Replacement Project 336 F22 $200 $40 $240 CCAG Measure M Grant $200
CCWRP Admin Building Elevator
Assessment
P039 F34 $50 $0 $50 WW 34 $50
Forcemain Condition Assessment C045 F34 $75 $0 $75 WW 34 $75
11.d
Packet Pg. 340 Attachment: Attachment 4 - FY 2023-24 Recommended Non-Discretionary CIP Budget (5347 : FY 2023-24 Project
Project
No.
Exp.
Fund
FY 2023-24
Allocation
FY 22-23
Rollover
Funds
Total
Available
Funding Source(s) Notes
Fund 9 -
Measure A
Fund 11-
Measure W
Fund 13-
Street
Improvem
ent
Fund 16 -
NPDES
Fund 22-
Capital
Improvem
ent
Fund 23 -
Frontierla
nd
Remediati
on
Fund 27-
Roy
Davies
Fund 34 -
WWTP
Fund 38 -
Disaster
Acct.
Grants,
Revenues,
and
Insurance
Reimb
Linda Mar Pump Station R&R
Project (Formerly Linda Mar PS
Upgrade)
C004 F34 $1,065 $1,065 WW 34 $1,065
Collection System Projects C005 F34 $250 $0 $250 WW 34 $250 Lateral Grant Assistance C032 F34 $200 $80 $280 WW 34 $200 Relocation of Sewer Mainline at SF
RV Park C043 F34 $300 $0 $300 WW 34 $300
CCWRP Centrifuges P006 F34 $75 $100 $175 WW 34 $75
CCWRP Pump Replacement P004 F34 $50 $50 $100 WW 34 $50
Calera Creek and Wetlands
Maintenance
P011 F34 $100 $0 $100 WW 34 $100
CCWRP Roof Improvements P018 F34 $70 $0 $70 WW 34 $70
CCWRP R&R Project - Sand Filter
Upgrade P044 F34 $200 $40 $240 WW 34 $200
CCWRP R&R Project - Grit System
Upgrade (Formerly Grit Classifier
Upgrade)
P041 F34 $100 $50 $150 WW 34 $100
CCWRP R&R Project P033 F34 $50 $50 $100 WW 34 $50
Ultraviolet Disinfection System
Upgrade P034 F34 $3,003 $3,155 $6,158 WW 34 $3,003
CCWRP Electrical Condition
Assessment and Improvements P037 F34 $825 $0 $825 WW 34 $825 CCWRP Environmental Compliance
Project
P038 F34 $25 $0 $25 WW 34 $25
Lower Linda Mar Rehabilitation
and Repair Project (Renamed) C044 F34 $3,500 $0 $3,500 WW 34 $3,500 Rockaway Pump Station R&R
Project (Formerly Rockaway PS
Upgrade)
C006 F34 $100 $0 $100 WW 34 $100
Total $17,264 $3,625 $20,889 $1,650 $310 $550 $61 $50 $280 $130 $10,488 $1,245 $2,500
11.d
Packet Pg. 341 Attachment: Attachment 4 - FY 2023-24 Recommended Non-Discretionary CIP Budget (5347 : FY 2023-24 ATTACHMENT 5
Other Previously Approved Active CIP Projects:
Non-Discretionary On-Going Projects Not Requesting FY 23-24 Funding Beach Boulevard Infrastructure Resiliency Project
Esplanade Projects
Local Roadway Safety Plan
Manor Drive Overcrossing Improvement Project
Adobe Bridge Reconstruction
Police Department Radio Infrastructure Improvements
Fire Station 72 Emergency Signal Restoration Project
Esplanade & Palmetto Bicycle Lane Project
Pier Handrail Repair Project
Community Center Roof Project
Annual Pavement Striping and Marking Refresh Project
Wastewater
CCWRP SCADA and PCC Upgrade
CCWRP Blower Replacement
CCWRP Process Optimization Projects
Rollover Projects Not Started Last Year Due to Staffing Constraints – Not Started Oddstad Park Building Maintenance
Financial/HR Software
City Facilities WiFi Upgrade
Enterprise Backup Solution
Urban Forest, Land and Vegetation Management Plan
Community Center HVAC System
ADA Transition Plan
Long-Term Trash Load Reduction
11.e
Packet Pg. 342 Attachment: Attachment 5 – Other Active CIP Projects (5347 : FY 2023-24 Budget Study Session 2) Needs Assessment for City Facilities
Community Center HVAC System
Urban Forest and Vegetation Management Plan
Storm Drain Master Plan Phase II Inspections
Wastewater
Digester – ATD Modifications Phase 3
Unfunded Discretionary Projects
Lower Linda Mar Storm Drain Design Project
Grace McCarthy Overlook Improvements
Arterial/Collector Street Resurfacing in areas not addressed by the 2020 5-year Street Maintenance Plan Projects Waiting on FEMA Review / Funding – May move up on the priority list Westline Drive Storm Drain Project
Adobe Bridge Rip Rap Repair
San Pedro Creek Bank Stabilization and Pathway Repair
Misc. Asphalt Repairs
Beach Blvd. Benches and Trash Can replacements/repairs and sand clean up Landside Repairs (Belfast, Rockaway)
Misc. Storm Drain Repairs
Linda Mar Pump Station Repairs
EQ Basin Repair
CCWRP Sand Filer Assessment and Repair
11.e
Packet Pg. 343 Attachment: Attachment 5 – Other Active CIP Projects (5347 : FY 2023-24 Budget Study Session 2) ATTACHMENT 6
CITY OF PACIFICA UNFUNDED PENSION AND OPEB LIABILITY FUNDING STRATEGY This section of the report is being added per Council request at the last budget study session and aims to provide a refresher and an overview of the City's strategy for managing Pension and Other Post Employment Benefit liabilities. As a best practice in Government finance, it is prudent to develop a funding strategy for pension and OPEB plans. Over the last few years the City has setup such a structure. The City has pension plans with the California Public Employees Retirement System (Cal PERS) and the trust fund with the Public Agency Retirement Services (PARS). The City also participates in the Cal PERS medical program known as Other Post-Employment Benefits (OPEB) Plan.
CalPERS Pension Plans:
Miscellaneous
Safety Police
PEPRA Safety Police
Safety Fire
PEPRA Safety Fire
CalPERS OBEB
Cal PERS OPEB medical program is an agent multiple employer defined benefit retiree healthcare plan.
PARS Pension Plan
The City has an Agent Multiple-Employer PARS Retirement Enhancement Plan (REP) that was implemented July 1, 2003, and is now closed to new participants hired after January 1, 2012. There are 22 inactive employees or beneficiaries receiving benefits and 2 active employees in the plan. The REP is administered by PARS.
All these plans accumulate assets that will be used to pay future benefits. An actuary prepares a report for each of these plans. They determine the market value of the assets and the accrued liability (present value of the amount needed to pay future benefits). The difference between the plan assets and the plan liability is the Unfunded Accrued Liability (UAL; also known as the Unfunded Actuarily Accrued Liability (UAAL). They determine the amount the City needs to pay each year, which has two components. The Normal cost rate which is a rate to cover current member's future benefits. In addition, they calculate the contribution needed to pay the Unfunded Accrued Liability (UAL) which will fluctuate based on assumptions and market conditions each year. The following is a table of plans Assets, Liability, Unfunded Accrued Liability, and other information taken from the most current actuarial reports.
Both Employee and employer contributions to this plan are required under state law. Required Annual Contribution
Employer Plan Assets Liability UAL
Funded
Status
Covered
Payroll
FY 2023-24
Normal
Cost Rate
Amortization
of UAL
Miscellaneous $104,117,864 $114,759,803 $10,641,939 90.7% $ 9,722,756 12.75% $ 1,574,329 PEPRA Safety Fire 908,815 866,243 (42,572) 104.9% 897,233 13.54% - PEPRA Safety Police 1,906,526 1,855,907 (50,619) 102.7% 1,562,823 13.54% - Safety Fire 40,804,921 52,002,809 11,197,888 78.5% 2,162,135 24.15% 1,168,121 Safety Police 65,178,791 84,860,105 19,681,314 76.8% 2,393,774 27.11% 2,012,423 Total Cal PERS
Pension Plans $ 212,916,917 $ 254,344,867 $41,427,950 83.7% $16,738,721 $ 4,754,873
11.f
Packet Pg. 344 Attachment: Attachment 6 - Unfunded Pension and OPEB Liability Funding Strategy (5347 : FY 2023-24 Budget Study Session 2) Employer contributions are comprised of two components. The "normal cost" represents the cost attributable to services earned during the current fiscal period and are expressed as a percentage of pensionable payroll. The second component is a flat dollar amount representing the "UAL Contribution" which is an amortization of outstanding individual UAL bases (layers). The method and maximum term of the UAL amortization is dictated by the CalPERS policy, but the repayment of the UAL can be accelerated and/or restructured at the employer's discretion. Together, the two employer components represent the total required employer contribution. The sum of the required employer and employee contributions is called the Actuarial Determined Contribution (ADC).
Due to the frequent volatility in the total required employer contribution rate, the City has opted to utilize an Internal Revenue Code (IRC) §115 trust as a buffer against future expected volatility investing in a manner consistent with the long-term nature of pension liabilities and the City's tolerance for investment risk.
How Can a 115 Trust Be Structured?
An additional contribution to the 115 Trust of $167,500 is included to help fund the City's pension obligations in accordance to the Pension Funding Policy with the goal to accumulate an amount equal to 1.5% of the City's accrued pension liability over the next 20 years (1.5% x $254,344,867 = $3.8 million). This trust fund account will serve as a "rainy day fund" or buffer against future pension cost volatility.
Similarly, a continuing contribution to the PARS trust is budgeted at $200,000 to fund OPEB unfunded liability, consistent with the Council funding strategy #5 approved in April 2022. This FY 2023-24 allocation will provide additional contributions toward the Actuarial Determined Contribution (ADC) in addition to the pay-as-you-go payment strategy, which was historically the only budget mechanism of this unfunded liability in prior years. Because the City closed the OPEB pool to all new members, unlike pensions, the actuarial liability will gradually go away. By prefunding this liability through PARS, the City will be able to significantly reduce the Net OPEB liability reported annually in the Annual Comprehensive Financial Report (ACFR). The most current actuarial report shows the OBEB unfunded liability balance of $8,998,717 as of June 30, 2022.
11.f
Packet Pg. 345 Attachment: Attachment 6 - Unfunded Pension and OPEB Liability Funding Strategy (5347 : FY 2023-24 Budget Study Session 2)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/8/2023
1 SUBJECT:
Resolution of Intention to Amend the Pacifica Hotel Business Improvement District (BID) by amending the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and transition the Managing Agency role of the BID to the City of Pacifica.
RECOMMENDED ACTION:
Adopt the resolution entitled "A resolution of the City Council of the City of Pacifica declaring the City Council's intention to amend the Pacifica Hotel Business Improvement District (BID) by amending Section 3-17.03 (administration) of Chapter 17 (hotel business improvement district) within Title 3 (Finance) of the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and to replace the Pacifica Chamber of Commerce as the Managing Agency of the BID with the City of Pacifica", and set the date of June 12, 2023, for the Public Hearing on these changes in the BID administration and continuation of annual levy of assessments on hotels within the BID at the same rate as in Fiscal Year 2022-23.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND / DISCUSSION:
Pacifica Hotel Business Improvement District
The Pacifica Hotel Business Improvement District (BID) was established in 2004 pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels within the City.
The intent of creating the BID was to develop a mechanism of funding for the hotels in the City to self-fund activities that would promote occupancy through funds derived from the annual assessment of $1.00 per room per day of occupancy. Business Improvement Districts are selfbenefiting assessment districts where business owners voluntarily self-impose a fee to fund their daily business-related activities, advertising, or promotional opportunities. By California law, it is not a tax. Therefore, BIDs are most commonly encouraged and supported because they allow the business to self-fund and self-promote. Additionally, unlike Transient Occupancy Taxes (TOT), which go into the City's General Fund, the participating hotels allocate and control BID assessment funds.
The assessment from the funds levied by the businesses must be used "to promote lodging at the hotels within the district, administer marketing programs that increase overnight lodging, and to fund related activities, staffing, and administration for the district." (Pacifica Municipal Code § 3-17.02(b)). The revenue from the levy cannot be used to provide improvement or activities outside the district or for any purpose other than those specified in the resolution of intent. 12 Packet Pg. 346
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The Pacifica BID was established under the authority of the Parking and Business Improvement Area Law of 1989, which does not require identifying a "managing agency." Therefore, many Bay Area Cities with BIDs established under the same law manage their BID operations internally (e.g., the City of South San Francisco and Brisbane). However, the Pacifica City Council previously appointed the Chamber of Commerce as the BID Managing Agency.
Currently, the Advisory Committee comprises one representative from each hotel, the managing director of the Pacifica Chamber of Commerce and Visitor Center, and one from the Chamber of Commerce Board of Directors.
The BID funds are solely managed by the Chamber of Commerce, which represents the interests of each BID member. The City collects the BID assessments with the Transient Occupancy Taxes and remits the BID funds to the Chamber monthly as a pass-through.
Therefore, the City has no control over the BID funds.
The assessment generated approximately $75,000 per year (pre-COVID), dropping as an average to a little under $50,000 over the last three years. This year's assessment is projected to return to the pre-COVID level. Since the beginning of the current fiscal year, the City remitted $51,697 of the BID assessments to the Chamber. Due to a two-month lag in the City receiving TOT revenues (and the BID assessments), this number represents about eight months of assessments (July 2022-Feb, 2023).
Council Direction to Staff in 2022
During 2022, and as part of the broader Vision 2025 & Beyond Strategic Financial Sustainability project, the City presented to Council a two-year Marketing Plan to help improve the local economy and facilitate post-COVID recovery. Marketing efforts focused on programs such as Shop Pacifica and Workation. The Workation program is designed to improve hotel occupancy rates mid-week and off-season to ultimately benefit the hotels and the City, as higher occupancy rates would lead to higher TOT and Sales Tax revenues generated by Pacifica visitors. During the development and launch of these programs, City staff reached out to the Chamber of Commerce to communicate these programs to BID members and collaborate with the Chamber on implementation. However, after months of unsuccessful attempts at collaboration, the City had to proceed with the program launch without the Chamber's cooperation and only using Cityowned social media channels. In addition, the City had to create its own website landing pages for the Shop Pacifica and Workation marketing programs instead of using the Visit Pacifica platform administered by the Chamber, as was initially planned, due to the inability to reach support and cooperation from the Chamber for the use of the Visit Pacifica website.
These multiple issues related to the BID program management by the Chamber prompted City Council discussions in May-June 2022 about how to proceed. During the City Council public hearing on June 27, 2022, City Council adopted a resolution continuing to levy the assessment for FY 2022-23. However, City Council also directed staff to hold quarterly meetings with the BID members, Chamber representatives, and Council liaisons to try to build collaboration between the City and the BID, ensure compliance with the BID regulations, review performance measures and BID budget, unify marketing efforts and report back to Council at mid-year with recommendations.
On September 30, 2022, the City held the Q1 meeting, where the City Manager and Council liaisons communicated the Council's direction for quarterly BID meetings to the members. In addition, city staff presented the Workation campaign, a City-sponsored marketing program directly benefitting hotels. The Chamber of Commerce also reported on marketing programs and the use of BID funds to date. The meeting revealed that the BID members were unaware of the City's marketing programs and were generally confused about the purpose and benefit of 12 Packet Pg. 347
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the BID.
In January 2023, two BID members expressed concerns over the effectiveness and value of the BID. In response, City staff placed the BID governance structure item for discussion at the Q2 BID meeting that was held on February 3, 2023, with BID representatives from Fairfield Inn & Suites; Inn at Rockaway; Lighthouse Hotel; Anchor Inn; Sea Breeze Motel; and the Chamber of Commerce present at the meeting. The Council liaisons, Sue Beckmeyer and Mary Bier, and staff also attended the meeting. Representatives from America's Best Value Inn and Pacifica Beach Hotel were absent.
During the meeting, City staff presented the Workation program details and the marketing materials in preparation for the program launch the following week. The majority of the meeting discussion was spent on the BID Governance structure and whether the BID program and assessment should continue.
The City staff facilitated the discussion among the BID members, including the Chamber of Commerce, and offered the following three options for discussion, making clear that any other desired option would be evaluated and reported to the City Council to help in their decisionmaking regarding the BID.
Option 1 - Dissolution of the BID
A majority of BID members could decide that the BID should be dissolved either because it was no longer serving its intended purpose or for some other reason. The process for the BID disestablishment was also discussed. It would require the Council to adopt a resolution of intent to disestablish the BID before the notice of the disestablishment and public hearing in accordance with Streets and Highways Code section 36550. The resolution must state the reason for the disestablishment, the time and place of a public hearing to consider the disestablishment and provide a proposal to dispose of any assets acquired with the revenues of the assessments levied within the business improvement area. Upon the disestablishment of the BID, the remaining revenues derived from the assessments, or any revenues derived from the sale of assets acquired with the revenues, must be refunded to the owners of the businesses.
Option 2 - Continue the assessment but change the BID governance structure.
The BID members also discussed changing the BID governance structure to require specific procedural standards, such as creating by-laws or changing the managing agency from the Chamber to the City or any other non-profit organization (e.g., Coastal Chamber, The San Francisco Peninsula, etc.). This option would require an amendment of the Pacifica Municipal Code in the same way that the Ordinance was originally adopted by the City Council (i.e., resolution of intent, notice, public hearing) as identified in Streets and Highways Code section 36500 et. seq.
The chart below provides more detail on the process and timeline that the City would need to follow to amend the BID governance structure set forth in section 3-17.03 of the Pacifica municipal code:
12 Packet Pg. 348
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1. The City Council adopts a resolution of intention setting forth the details of the BID - May 8, 2023 program, a date and time for a public hearing. (S&H 36522)
2. Within seven days of adopting the resolution of intention, a complete copy of the May 15, 2023 Resolution must be mailed to each business owner in the territory of the proposed BID. (S&H 36523(b))
3. The City must mail to each business a joint notice of public meeting and public hearing. (S&H 36523.5 and Gov. Code 54954.6(a)(2),54954.6(c))
by May 15, 2023
This joint notice is typically mailed along with a copy of the resolution of intention.
4. No earlier than ten days after mailing the joint notice, the City Council must hold at least June 12, 2023 one public meeting at which the City Council shall allow public testimony regarding the proposed new assessment (or amendment). (Gov. Code 54954.6(a)(1), 54954.6(c)(1))
5. No earlier than forty-five days after mailing the joint notice, and no earlier than seven days after the public meeting, the City Council must hold a public hearing. (Gov't Code 54954.6(a)(2), 54954.6(c)(1))
July 10, 2023
6. At the public hearing, the City Council must consider oral and written protests. If written July 10, 2023 protests meeting the requirements of Section 36524 of the Streets & Highways Code are received (and not withdrawn) from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied, then proceedings must be abandoned for no less than one year (S&H 36525(a))
7. If a 50%/+ protest is not received, the City Council may adopt (or amend) an ordinance establishing (or amending) the BID. (S&H 36527)
July 10, 2023
(introduction of the
Ordinance) July 24,
2023 (adoption of
the Ordinance)
Option 3 - Continue with the current assessment and governance structure The "status quo" option was also offered for discussion when the Chamber of Commerce would continue as the Managing Agency of the BID to continue making decisions on BID activities, such as the retention of consultants and other allocations of BID funds. This option would require the same annual process to continue the assessment in the new fiscal year (effective July 1, 2023) with no changes to the BID's assessment, boundaries, or governing structure (notice of intent, notice to businesses, and public hearing process still applies to levy of assessment).
Because the City of Pacifica is not a BID member, staff made no recommendation for the future of the BID program and only helped to facilitate the discussion. However, City staff expressed its commitment to working with the BID to collaborate and identify a solution that serves Pacifica's hotels best.
After the open discussion, the majority of the BID hotel representatives voted for option two and expressed their desire to: 1) continue the assessment at the current rate, 2) for the City of Pacifica to assume the role of the Managing Agency for the BID moving forward, and 3) for the City to safeguard the assessed funds until the BID decides how it would like to proceed.
Based on the recommendation of the majority of BID members at the February 3, 2023, meeting City Manager recommends that the Council adopts a resolution of intent to amend the City's Municipal Code to remove provision for allocation of funds within thirty days and transition the Managing Agency role of the BID to the City of Pacifica.
If the Council adopts this resolution, staff will proceed with issuing the notice for the public meeting and hearing in accordance with the Streets and Highway Code Section 36522 and 36523. In addition to following this process for the ordinance amendment, staff will bring forward a resolution of intent to levy the assessment at the current rate of $1 per night per stay at the 12 Packet Pg. 349
Pacifica City Council 5
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May 22nd City Council meeting, along with the annual BID report prepared by the Chamber of Commerce. Upon adoption of this resolution of intent, the City will follow its normal annual process of levying the assessment, which includes issuing the notice and scheduling a public hearing in accordance with the Streets and Highway Code Section 36534. The public hearing for the assessment will be scheduled for June 12, 2023, so the collection of the assessment will continue with no break or interruption. If the Ordinance amendment is adopted, the City will implement the amendments 30 days after the adoption or by August 23, 2023.
ALTERNATIVE ACTION:
The City Council may elect not to renew the Pacifica Hotel BID for FY2023-24 or provide alternative recommendations to staff.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
"Fiscal Sustainability" includes investing in economic development to increase revenues, funding a reserve/emergency fund, and being well-prepared for grant opportunities.
FISCAL IMPACT:
No significant fiscal impact is associated with this action, except for savings related to eliminating the administrative cost of processing BID pass-through payments. The City currently collects no fee for administering the BID.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
12 Packet Pg. 350
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DECLARING THE
CITY COUNCIL'S INTENTION TO AMEND THE PACIFICA HOTEL BUSINESS IMPROVEMENT DISTRICT (BID) BY AMENDING SECTION 3-17.03 (ADMINISTRATION) OF CHAPTER 17 (HOTEL BUSINESS IMPROVEMENT DISTRICT) WITHIN TITLE 3 (FINANCE)
OF THE PACIFICA MUNICIPAL CODE TO REMOVE PROVISION FOR ALLOCATION OF
FUNDS WITHIN THIRTY DAYS AND TO REPLACE THE PACIFICA CHAMBER OF
COMMERCE AS THE MANAGING AGENCY OF THE BID WITH THE CITY OF PACIFICA WHEREAS, pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S. in 2004, creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City; and WHEREAS, the Pacifica Hotel Business Improvement District ("BID") has been operating and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City continuously since 2004; and
WHEREAS, Ordinance No. 714-C.S. is codified in Pacifica Municipal Code (“PMC”) Chapter 17, “Hotel Business Improvement District” within Title 3, “Finance”; and WHEREAS, PMC section 3-17.03(a), “Administration” currently provides that funds will be collected by the City of Pacifica on the same schedule as, but independently from, the collection of transient occupancy taxes and that funds shall be allocated from the City to the district within thirty (30) days of collection; and WHEREAS, PMC section 3-17.03(c) also provides that the Pacifica Chamber of Commerce and Visitor Center is designated as the managing agency for district related activities, staffing and administration; and
WHEREAS, during the Council meeting on June 13, 2022, City Council directed staff to hold quarterly meetings with the BID members, Chamber representatives, and Council liaisons to build collaboration between the City and the BID, ensure compliance with the BID regulations, review performance measures and BID budget, unify marketing efforts, and report back to Council at mid-year with recommendations; and WHEREAS, at the second quarter meeting of the BID on February 3, 2023, the members of the BID and the Pacifica Chamber of Commerce and City staff discussed the governance structure and improvements that could be made to the BID and recommended by the majority vote of the BID members who were present to replace the Chamber of Commerce as the managing agency and identify the City of Pacifica as the managing agency for the BID; and
WHEREAS, the BID members expressed interest to align the BID’s and City’s Marketing Plans and ensure collaboration in achieving the same goals of promoting Pacifica as overnight destination, assisting hotels with improving occupancy rates throughout the year and improving the hospitality industry and local economy in general.
The BID members expressed their desire to continue with the assessment but hold 12 Packet Pg. 351
Pacifica City Council 7
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allocating the BID funds until the City’s limited-term ARPA-funded marketing budget is exhausted at the end of 2023; and
WHEREAS, the City Council will need to amend the existing provisions of Chapter 17 to make the requested improvements to the BID, and the BID has expressed support for and recommended this amendment.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica, California, that:
1. Pursuant to Streets and Highways Code section 36500 et seq., the City Council declares its intention to amend the BID by amending Subsections (a) and (c) of PMC Section 3-17.03 to remove provision for the allocation of funds to the district within thirty (30) days and to replace the Pacifica Chamber of Commerce as the Managing Agency for the district for the City of Pacifica.
2. Public Meeting. The City Council hereby sets Monday, June 12, 2023, as the date for the public meeting on the proposal to amend the BID. The public meeting will be held at 7:00 p.m. or as soon thereafter as practicable and shall be for the purpose of allowing public testimony on the proposal to amend the BID. At the public meeting the testimony of all interested persons, for or against the amendment of the BID or any of the matters included in the amendment will be heard.
3. Pursuant to Streets and Highways Code section 36523(b), within seven (7) days of adoption of this Resolution of Intention, the City Clerk is hereby directed to mail a complete copy of the Resolution to each business owner in the territory of the BID.
4. A public hearing to amend the BID shall be held on Monday, July 10, 2023, before the City Council. The public hearing will be held at 7:00 p.m. or as soon thereafter as practicable and shall be for the purpose of allowing testimony of all interested persons, for or against the amendment of the BID by amending Subsections (a) and (c) of PMC Section 3-17.03 and to receive any protests collected.
5. Protest Procedures. Written and oral protests to the levy of the annual assessments may be made at the public hearing in the form and manner prescribed in Sections 36624 and 36625 of the California Streets and Highways Code. 6. At the public hearing, the City Council must consider oral and written protests. If written protests meeting the requirements of Section 36524 of the Streets & Highways Code are received (and not withdrawn) from the owners of businesses in the BID totaling less than fifty percent (50%), then the City Council may amend Subsections (a) and (c) of PMC Section 3-17.03.
4. The City Clerk is hereby directed to provide joint notice of the public meeting and public hearing on the proposed amendment to the BID and publish any necessary notice in the manner prescribed by California Streets and Highways Code section 36534.
5. The City Clerk is directed to certify the adoption of this Resolution. The Resolution shall take effect immediately upon its adoption by the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of May 2023, by the following vote:
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AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 12 Packet Pg. 353