RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CERTIFYING THAT THE REVISED
CERTIFICATION DRAFT LOCAL COASTAL LAND USE PLAN (LCLUP) IS INTENDED TO BE CARRIED OUT IN A MANNER FULLY IN CONFORMITY WITH THE CALIFORNIA COASTAL ACT; DIRECTING THE CITY MANAGER TO INCORPORATE 2040 GENERAL PLAN CONSISTENCY REVISIONS INTO THE EXISTING CERTIFICATION DRAFT LOCAL COASTAL LAND USE PLAN (FILE NO. 2020-001) TO FORM THE REVISED
CERTIFICATION DRAFT LCLUP AND ADOPT THE REVISED CERTIFICATION DRAFT LCLUP AND TO
TRANSMIT THE REVISED CERTIFICATION DRAFT LCLUP TO THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION; AND FINDING THAT APPROVAL OF THE REVISED CERTIFICATION DRAFT LCLUP IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the California Coastal Act of 1976 (“Coastal Act”) (Public Resources Code section 30000 et seq.) provides that each local government lying, in whole or part, within the coastal zone shall prepare a local coastal program (LCP) for that portion of the coastal zone within its jurisdiction; and WHEREAS, an LCP consists of a Local Coastal Land Use Plan (“LCLUP”) and Implementation Plan (IP); and
WHEREAS, an LCP becomes fully certified only after the California Coastal Commission (“CCC”) certifies conformity of the LCLUP and IP with the policies of the Coastal Act; and WHEREAS, the City Council of the City of Pacifica approved its current LCLUP on September 24, 1979, the CCC certified the LCLUP with suggested modifications on March 4, 1980, and the City Council accepted the suggested modifications on March 24, 1980; and WHEREAS, the City of Pacifica desires to update the 1980 LCLUP by adopting a new LCLUP pursuant to the Coastal Act due to the current LCLUP’s age and, more importantly, the changed conditions within Pacifica’s coastal zone over the last 40 years; and WHEREAS, the City has determined that the LCP will be submitted in two phases with the LCLUP being processed first pursuant to Public Resources Code section 30512 and the zoning ordinances, zoning district maps and if required, other implementing actions being processed thereafter as the Implementation Plan pursuant to Public Resources Code section 30513; and WHEREAS, the LCLUP describes the planning area’s land use and environmental conditions, identifies issues, and contains land use policies and maps that complement adopted City policies including but not limited to the General Plan, and satisfies the intent of the Coastal Act; and WHEREAS, upon certification, the LCLUP policies will form the standard of review for issuance of coastal development permits (CDPs) within the coastal zone; and WHEREAS, upon certification of the LCLUP, the authority to issue CDPs for areas previously identified as deferred certified areas (i.e., Shelldance Nursery, Rockaway Quarry) would be transferred from the CCC to the City as set forth in the Coastal Act; and WHEREAS, at a public hearing on February 24, 2020, the City Council of the City of Pacifica adopted Resolution No. 15-2020 certifying that the LCLUP (“Certification Draft LCLUP”) is intended to be carried out in a manner fully in conformity with the Coastal Act and directing the City Manager to transmit the Certification Draft LCLUP (File No. 2020-001) to the CCC for certification and finding that approval of the LCLUP is exempt from the California Environmental Quality Act (CEQA); and WHEREAS, on August 12, 2022, the CCC accepted the City’s Certification Draft LCLUP for filing (CCC File No. LCP-2-PAC-20-0036-1); and
WHEREAS, on December 16, 2022, the CCC approved a one-year extension, as authorized by Public Resource Code section 30517, to act on the City’s Certification Draft LCLUP; and WHEREAS, on July 11, 2022, the City Council of the City of Pacifica adopted Resolution No. 45- 2022 certifying an Environmental Impact Report, and adopting findings of fact, and statement of overriding considerations pursuant to CEQA and adopting the 2040 General Plan (File No. 2009-001); and
WHEREAS, the City Council of the City of Pacifica finds that revising the Certification Draft LCLUP approved in February 2020 to incorporate changes made in the 2040 General Plan Update is appropriate and necessary and that a revised LCLUP should be submitted to the CCC for certification to ensure consistency between the LCLUP and 2040 General Plan (“Revised Certification Draft LCLUP”).
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Pacifica does hereby find as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials, including but not limited to, all oral and documentary evidence presented at the public hearing for the Certification Draft LCLUP and relies upon those proceedings and evidence for the adoption of this Resolution.
3. Adoption of the Revised Certification Draft LCLUP is exempt from CEQA pursuant to Section 15266 of the CEQA Guidelines (“Adoption of Coastal Plans and Programs”) which provides that “CEQA does not apply to activities and approvals pursuant to the California Coastal Act…by (1) Any local government, as defined by Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program…” Section 15265 further provides that “CEQA shall apply to the certification of a local coastal program… by the California Coastal Commission.”
4. The public health, safety, and general welfare are best served by adoption of the Revised Certification Draft LCLUP.
BE IT FURTHER RESOLVED, the City Council has reviewed, considered, and hereby directs the City Manager to incorporate 2040 General Plan consistency revisions into the Certification Draft LCLUP to form the Revised Certification Draft LCLUP and adopts the Revised Certification Draft LCLUP as described in Exhibit A to this Resolution.
BE IT FURTHER RESOLVED, the City Council certifies that the Revised Certification Draft LCLUP is intended to be carried out in a manner fully in conformity with the Coastal Act (Public Resources Code 30000 et seq.).
BE IT FURTHER RESOLVED, that the Revised Certification Draft LCLUP contains, in accordance with guidelines established by the CCC, materials sufficient for a thorough and complete review by the CCC and the City Council directs the City Manager to take all steps necessary to effectuate submittal of the Revised Certification Draft LCLUP to the CCC for certification in accordance with the Coastal Act, including but not limited to, withdrawal or modification of the Certification Draft LCLUP application currently pending with the CCC as authorized by City Council Resolution No. 15-2020.
BE IT FURTHER RESOLVED, the Revised Certification Draft LCLUP shall take effect immediately upon certification by the CCC if approved by the CCC as submitted. If the CCC certifies the Revised Certification Draft LCLUP subject to modifications, final approval by the City Council shall be required prior to the LCLUP taking effect. The Planning Commission shall provide a recommendation to the City Council regarding any modifications proposed by the CCC prior to final City Council consideration and approval.
BE IT FURTHER RESOLVED, the 1980 LCLUP shall be repealed and replaced by the Revised Certification Draft LCLUP upon the effective date thereof, after which the 1980 LCLUP shall have no further force or effect.
BE IT FURTHER RESOLVED, upon the effective date of the Revised Certification Draft LCLUP , the document shall thereafter be known as the “City of Pacifica 2040 Local Coastal Land Use Plan (LCLUP).” * * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9
th day of October 2023.
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
2040 GENERAL PLAN CONSISTENCY REVISIONS TO CERTIFICATION DRAFT LOCAL COASTAL LAND USE PLAN (LCLUP) APPROVED BY CITY COUNCIL WITH RESOLUTION NO. 15-2020