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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING REZONING RZ-210-22 AND DEVELOPMENT PLAN DP-86-22 (FILE NO. 2016-001) TO REZONE TO THE P-DX/HPD/CZ ZONING DISTRICT FROM THE EXISTING C-3X/HPD/CZ
ZONING DISTRICT AS REQUIRED BY THE HILLSIDE PRESERVATION DISTRICT (HPD) OVERLAY ZONING DISTRICT STANDARDS IN PMC SECTION 9-3.2256, AND APPROVAL
OF A DEVELOPMENT PLAN TO ASSIGN SITE SPECIFIC ZONING PURSUANT TO PMC SECTION 9-4.2203 FOR A QUARRY RECLAMATION PLAN TO RECLAIM THE FORMER
ROCKAWAY QUARRY INCLUDING CONSTRUCTION OF PUBLIC ACCESS TRAILS,
DRAINAGE INFRASTRUCTURE, AND WETLANDS MITIGATION AREAS, ON TWO UNDEVELOPED PARCELS TOTALING APPROXIMATELY 86 ACRES LOCATED WEST OF STATE ROUTE 1 BETWEEN REINA DEL MAR AVENUE AND ROCKAWAY BEACH AVENUE (APN 018-150-120 AND 018-150-150)
Initiated by: Paul Heule and The Preserve @ Pacifica, LLC (“Owner”) and Baylands Soil Pacifica LLC (“Baylands”) (collectively, the “Applicant”).
WHEREAS, an application has been submitted to reclaim and restore the former Rockaway Quarry as required by the Surface Mining and Reclamation Act (“SMARA”), incorporated by reference in Chapter 2 of Title 9 of the Pacifica Municipal Code (“PMC”), by importing approximately 1,000,000 cubic yards of soil to restore the excavated quarry face and other areas to a pre-mining, establishing 1.55 acres of new seasonal wetlands and a new 0.20-acre California red-legged frog pond, constructing new unpaved recreational trails and drainage improvements throughout the site, and removing 25 protected trees, on the former Rockaway Quarry, approximately 86-acre in area, located west of State Route (SR) 1 and between Reina del Mar Avenue and Rockaway Beach Avenue (APNs 018-150-120 and 018-150-150) (“Project”); and WHEREAS, the Project site would require a rezoning to the P-DX/HPD/CZ (Planned Development with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) zoning district from the existing C-3X/HPD/CZ zoning district as required by the Hillside Preservation District (HPD) overlay zoning district standards in PMC Section 9-4.2256, and require approval of a Development Plan to assign site-specific zoning pursuant to PMC Section 9-4.2203, both of which as legislative actions requiring City Council adoption of an ordinance pursuant to state law and the PMC; and
WHEREAS, upon the Project site’s rezoning to the P-DX (Planned Development with Public Vote Required to Rezone for Residential Use) Zoning District, the Project would require approval of a specific plan prior to issuance of a grading and/or building permit to ensure consistency with the approved development plan pursuant to PMC Section 9-4.2208 et seq.; and WHEREAS, the Project would require approval of a quarry use permit to authorize reclamation of a quarry pursuant to PMC Section 9-2.04; and
WHEREAS, the Project would require a variance pursuant to PMC Section 9-4.3401 to exceed the coverage limitation for grading within the HPD overlay zoning district contained in PMC Section 9-4.2257; and
WHEREAS, the Project would require approval of a tree permit to authorize removal of protected trees pursuant to PMC Section 4-12.04(a); and
WHEREAS, the Project site is located within the Coastal Zone; however, the site is not within the City of Pacifica’s Certified Local Coastal Program and an application for a Coastal Development Permit 4861-3338-3398 v1 2
must be separately approved for the Project by the California Coastal Commission (“CCC”); and WHEREAS, henceforth, the rezoning and development plan shall collectively be referred to as the “Legislative Actions” and the specific plan, quarry use permit, variance, and tree permit shall collectively be referred to as the “Development Permits”; and
WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the Project on June 5, 2023; and
WHEREAS, where the commissioners and members of the public expressed concerns and requests for more information on the potential impacts of the Project. The comments primarily pertained to air quality and greenhouse gas (GHG) emissions, effects on biological resources, soil testing criteria of imported fill, potential water quality impacts due to erosion and stormwater runoff, and traffic concerns; and
WHEREAS, in response to the comments expressed at the June 5, 2023, Planning Commission meeting, particularly those of the commissioners, the Applicant prepared a Revised Reclamation Plan (“Revised Project”). Among other revisions, the Revised Project requires a reduced amount of imported fill (874,000 cubic yards) relative to the amount required by the previously proposed Project, while still meeting the standards set forth by the Department of Conservation’s (DOC) Reclamation Standards for the Surface Mining and Reclamation Act (SMARA) of 1975; and
WHEREAS, the City’s CEQA consultant evaluated the Applicant’s changes and determined they do not change the analysis and conclusions in the draft and final EIRs and are anticipated to result in fewer environmental impacts than the previously proposed Project; and WHEREAS, the City’s CEQA consultant further determined that the Revised Project does not constitute: (1) information that shows a new significant impact; (2) information that shows an increase in the severity of an impact (unless mitigation measures are identified to reduce it to acceptable levels); (3) information that identifies a feasible new alternative or mitigation measure considerably different from other analyzed alternatives or mitigation measures that would clearly lessen project impacts and the applicant declines to implement the measure; and/or (4) information that demonstrates that the Draft EIR was fundamentally flawed, basically inadequate, and conclusory in nature, thus, precluding meaningful public review and comment. Rather, any new information clarifies or amplifies the analysis in the Draft EIR. Therefore, recirculation of the Draft EIR was not warranted; and WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the Revised Project on March 18, 2024; and
WHEREAS, the commissioners and members of the public expressed concerns regarding the Revised Project. The concerns primarily pertained to the quantity and quality of imported fill, traffic concerns including truck trips, consideration of seasonal variations in reclamations activities, and public health and environmental impacts including biological and tribal cultural resources impacts; and WHEREAS, the Planning Commission continued the hearing to May 6, 2024, to allow the Applicant time to address the concerns expressed at the March 18, 2024, Planning Commission meeting; and
WHEREAS, the May 6, 2024 meeting was later cancelled and replaced with a Planning Commission Study Session held on May 20, 2024, upon the request of the Applicant; and WHEREAS, the Applicant proposed an alternative that would import approximately 583,000 cubic yards of soil with the option for further reductions after a specific planning process (the “Reduced Fill Alternative”) at the May 20, 2024, Study Session to receive input from the Planning Commission; and 4861-3338-3398 v1 3
WHEREAS, the commissioners and members of the public reiterated concerns pertaining to quantity and quality of imported fill, soil testing, water quality, tribal cultural resources, truck trips and traffic, and sought information and clarification on the State Mining And Reclamation Act (SMARA) requirements and process, and the Reduced Fill Alternative and correspondence with the specific plan process; and
WHEREAS, the DEIR evaluated a Reduced Fill Alternative under which a minimal amount of fill required to meet SMARA requirements and slope stability would be used; and WHEREAS, the Draft EIR determined that the Reduced Fill Alternative would generally achieve the Project’s objectives and would result in fewer impacts than the Project in several resource areas.
However, impacts would be similar in the majority of resource areas, such as biological resources and hydrology and water quality; and
WHEREAS, the CEQA’s consultant provided a memorandum in response to comments regarding the cultural and tribal cultural resources on the Quarry site, which provided additional discussion on the impacts and confirmed the analysis in the FEIR (“Cultural Resources Memorandum”). This memorandum does not constitute: (1) information that shows a new significant impact; (2) information that shows an increase in the severity of an impact (unless mitigation measures are identified to reduce it to acceptable levels); (3) information that identifies a feasible new alternative or mitigation measure considerably different from other analyzed alternatives or mitigation measures that would clearly lessen project impacts and the applicant declines to implement the measure; and/or (4) information that demonstrates that the Draft EIR was fundamentally flawed, basically inadequate, and conclusory in nature, thus, precluding meaningful public review and comment. Rather, any new information clarifies or amplifies the analysis in the Draft EIR. Therefore, recirculation of the Draft EIR is not warranted; and WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on the Reduced Fill Alternative on August 19, 2024, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference; and
WHEREAS, the Planning Commission of the City of Pacifica made a motion to adopt a resolution to approve the proposed Project, but the motion failed with a vote of 0-5-2 (Devine and Godwin absent); and WHEREAS, Baylands Soils Pacifica, LLC (“Baylands”) filed an appeal (“Appeal 1”) of the Planning Commission’s effective denial on August 27, 2024; and
WHEREAS, Dan Stegink (“Stegink”) filed an appeal (“Appeal 2”) of the Planning Commission’s effective denial on August 29, 2024; and
WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on September 23, 2024, and introduced this Ordinance; and
WHEREAS, the City Council of the City of Pacifica adopted a Resolution on September 23, 2024, to approve Appeal 1, deny Appeal 2, certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), and findings of fact for the Project (State Clearinghouse No. 2020090036) and approve the Development Permits subject to adoption of this ordinance; and
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 4861-3338-3398 v1 4
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 a Resolution on September 23, 2024, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP) and findings of fact for the Project (State Clearinghouse No. 2020090036).
Section 3. Findings. Specific findings of fact for approval of Rezoning RZ-210-22 and Development Plan DP-86-22 are as follows:
• The proposed P-D District can be substantially completed within the time schedule submitted by the applicant.
As the ultimate earthwork/grading requirements for site development cannot be determined until the completion and approval of the Specific Plan, the Planning Commission has conditioned the Reduced Fill Alternative to a two-year term for a specified scope of work involving grading in the amount of 100,000 cubic yards of fill for reclamation until the final earthwork/grading requirements can be determined for future development upon completion and approval of the Specific Plan. The scope of work specified for the two-year term, as a condition of approval, can substantially be completed within that timeframe. The Planning Commission is not aware of any other information at this time to suggest that the Reduced Fill Alternative construction, as conditioned, cannot be completed within the time schedule submitted by the Applicant.
• 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.
The Reduced Fill Alternative, as conditioned, does not include “development” in the traditional sense.
It is a project to reclaim a former quarry by performing grading; constructing drainage and trail improvements; and undertaking revegetation. The two areas of the Project site, consisting of the Quarry Parcel and the Eastern Parcel, can exist independently or as a unified project following completion of the Reduced Fill Alternative, as conditioned. In particular, the resulting use of the Project site prepares the site for its end use in accordance with the 2040 General Plan and includes trail improvements for public use that are integrated between the two parcels to form a comprehensive network of public trails, contributing to an environment of sustained desirability. • 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.
As noted above, rezoning to the P-D district is required by the HPD overlay district and, therefore, no other zoning district would be appropriate for the Project site.
The Reduced Fill Alternative, as conditioned, would include the following components in order to have a beneficial effect on the present and potential surrounding uses:
A. Protect Public Health and Safety: Create safe slopes in place of existing unsafe conditions in order to minimize potential danger to public health and safety.
B. Minimize Grading: Minimize grading to the maximum extent practicable in a manner that is consistent with the other objectives and maintains a maximum 2:1 slope on the Project site.
C. Safe Pedestrian and Emergency Vehicle Access: Provide for safe pedestrian and emergency vehicle access to the Project site based on grading plan elevations. 4861-3338-3398 v1 5
D. Provide Dedicated Public Trails to Provide Safe Pedestrian Access: Establish dedicated trails that allow safe public access through the Project site between the Rockaway Beach commercial district and the Mori Point segment of the Golden Gate National Recreation Area in accordance with the Coastal Act.
E. Restoration: Mitigate and restore prior physical disturbances resulting from past quarrying activity on the Project site.
F. Improved Water Quality: Provide for erosion control measures, land stewardship and maintenance to reduce sediment transport from the Project site into Calera Creek (which drains into the Pacific Ocean) in order to improve the creek’s water quality.
G. Discourage Illegal Trespassing: Reclaim the Project site in a manner that provides secure and safe public access and discourages unintended uses such as unauthorized encampments.
H. Facilitate the City of Pacifica 2040 General Plan vision for the Rockaway Quarry site: Prepare the for its end use, in accordance with the Surface Mining and Reclamation Act (SMARA) and the 2040 General Plan. while maintaining and protecting the views of the Pacific Ocean I. Meet All SMARA Standards: Conduct initial grading for reclamation in accordance with all applicable SMARA standards after reclamation.
The Reduced Fill Alternative, as conditioned, would improve safety of the site as compared to its existing condition characterized by excessively steep slopes and informal trails, and by constructing new improved trails designed for public use. The Reduced Fill Alternative, as conditioned, would not be detrimental to present or potential surrounding uses because it would result in reduction in project generated traffic, address past disturbances causing erosion, eliminate unsafe conditions, and prepare the site for end use, in accordance with the 2040 General Plan. • 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.
The proposed point of ingress to the Project site is the former quarry road south of Reina del Mar Avenue. Inbound trucks would travel one-way from the ingress point through the site and would exit at the signalized intersection of SR 1 and Reina del Mar Avenue. The travel way would be an unpaved route that utilizes Gorilla Snot soil stabilizer to minimize dust from truck trips and would have sufficient queuing length to avoid truck backups onto SR 1 from reclamation activities. Therefore, the thoroughfare proposed for the Revised Project would be suitable and adequate to carry anticipated traffic during the projected four-year period of reclamation. The Reduced Fill Alternative, as conditioned, would not have any increased traffic because there would be no changes in land use will occur. The increase in traffic during construction would be approximately nine trips/hour including 4 truck trip and 5 employee trips that represents a minimal and insignificant increase in traffic on adjacent street network. Additionally, the Planning Commission is requiring a Traffic Management Plan that will address truck trips and truck safety, and circulation off-site for review and approval by the City staff to ensure that the traffic generated is managed for safety. • Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area. (1) Any exception from the standard district requirement is warranted by the design of the project and amenities incorporated in the development plan.
Commercial development is not proposed as part of the Reduced Fill Alternative to the Revised Reclamation Plan.
• The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance 4861-3338-3398 v1 6
with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified.
As discussed above, the Reduced Fill Alternative, as conditioned, would serve improve the existing conditions at the site with public access trails, and facilitate to prepare the site for end use, in accordance with the 2040 General Plan, but does not include any development. The improved trail uses from the Reduced Fill Alternative, as conditioned, would provide an additional amenity for visitors and community residents.
The Reduced Fill Alternative, as conditioned, would be consistent with the 2040 General Plan, including, but not necessarily limited to, the following policy areas:
Open Space and Community Facilities Element
a. OC-G-5 | Open Space Preservation: Preserve open space that protects natural resources, visual amenities, and public health and safety. The top priority areas for conservation are beaches, oceanfront bluffs, ridgelines, hillsides areas adjacent to existing open space, and areas that support critical wildlife habitat and endangered species.
The Reduced Fill Alternative would result in public trails improvements in an area adjacent to Mori Point which is part of the GGNRA. The Project site is also an area that supports critical wildlife habitat and the Reduced Fill Alternative would include new wetlands areas and a California red-legged frog pond to enhance habitat for this special status species.
c. OC-G-7 | Trail System Expansion: Expand the trail system in Pacifica to create a connected trail network with communitywide links to open space and recreation facilities, as shown on Figure 6-2 [of the General Plan].
OC-I-53 | Rockaway Quarry: If a safe public route can be developed on the Quarry uplands, create coastal access along a new trail connecting Rockaway Beach with Mori Point, as part of a conservation proposal or new development.
OC-I-23 | New Segments of California Coastal Trail in Pacifica: Create new trail segments through Rockaway Quarry uplands and the Headlands as part of development or as separate Coastal Trail initiatives.
The Reduced Fill Alternative, as conditioned, would create new trail segments through the Rockaway Quarry uplands and connect to trails in the Mori Point area of the GGNRA.
These would be new, improved, and safer trails within the Quarry uplands including connections to Mori Point in the GGNRA and to the existing Calera Creek Multi-purpose (CCMP) Trail that is a segment of the Coastal Trail. These new trails in the Quarry will provide beneficial secondary trails to branch from the Coastal Trail.
Conservation Element
d. CO-G-1 | Water Quality: Support the improvement of Pacifica’s water quality, including both surface water and groundwater, through Best Management Practices (BMPs) for stormwater management, stream restoration, and riparian habitat restoration.
CO-I-12 | Infrastructure and Water Quality: Ensure that the design and construction of new infrastructure elements does not contribute to stream bank or hillside erosion or creek or wetland siltation, and incorporates site design and source control BMPs, construction 4861-3338-3398 v1 7
phase BMPs, and treatment control BMPs to minimize impacts to water quality, in compliance with the NPDES Permit.
The Reduced Fill Alternative, as conditioned, would incorporate BMPs to control stormwater erosion and siltation during the course of reclamation as required by Title 6, Chapter 12 of the PMC. Stormwater and drainage improvements thereafter would be subject to review in accordance with all applicable laws for water quality protection that in combination with revegetation program for the site would improve surface water quality and riparian habitat.
e. CO-I-4 | Wetlands Preservation: Prohibit new development in existing wetlands except as allowed under the federal Clean Water Act and the California Coastal Act. Continue to require formal wetlands delineations subject to State or federal regulations prior to any proposed development project in an area where potential wetlands have been identified.
If impacts on wetlands are unavoidable, compensation measures should be in line with the State’s no-net-loss goal regarding wetlands.
Because of the severely disturbed post-mining condition of the Project site, extensive grading is required for reclamation and entirely avoiding impacts to wetlands on the Project site is not possible
Due to the presence of wetlands on the Project site, the Applicant performed a formal wetlands delineation pursuant to applicable regulations for three-parameter wetlands (federal regulations) and one-parameter wetlands (State regulations). The Reduced Fill Alternative, as conditioned, would compensate for impacts to existing wetlands by constructing 1.75 acres of new wetlands areas consisting of 1.55 acres of new seasonal wetlands and a new 0.20-acre California red-legged frog pond. The Applicant has received a provisional approval from the San Francisco District of the United States Army Corps of Engineers (USACE) under the Nationwide Permit (NWP) authorization on October 31, 2022, wherein the USACE noted that the Project must be in compliance with the terms of the NWP, the general conditions of the NWP Program, and the San Francisco District regional conditions, as well as any special conditions specified by the San Francisco District.
f. CO-I-68 | Resource Impact Mitigation: Ensure that new development analyzes and avoids potential impacts to historic, archaeological, and paleontological resources by:
• Requiring a records review for development proposed in areas that are considered archaeologically or paleontologically sensitive;
• Requiring pre-construction surveys and monitoring during any ground disturbance for all development in areas of historic or archaeological sensitivity; and • Implementing appropriate measures as a condition of Project approval—such as avoidance, preservation in place, and excavation,—to reduce or avoid impacts.
In the event that historical, archaeological, or paleontological resources are accidentally discovered during construction, grading activity in the immediate area shall cease and materials and their surroundings shall not be altered or collected. A qualified archaeologist or paleontologist must make an immediate evaluation and avoidance measures or appropriate mitigation should be completed, according to CEQA Guidelines.
The State Office of Historic Preservation has issued recommendations for the preparation of Archaeological Resource Management Reports that may be used as guidelines.
As described in the Final Environmental Impact Report (EIR), the City undertook an analysis of potential cultural and tribal cultural resources that may be present in the vicinity 4861-3338-3398 v1 8
of the Project site. The evaluation also included contact with the Native American Heritage Commission. An extended Phase I Survey and Historic Resource Evaluation Report, collectively encompassing the entirety of the project site were prepared by ALTA, that along with a concurrence by the State Historic Preservation Officer (SHPO) are consistent with the analyses and conclusions of the Draft EIR that identified no significant impact to cultural resources.
The Reduced Fill Alternative is unlikely to lead to the discovery of cultural or tribal cultural resources. However, in the event of an inadvertent discovery, the Mitigation Monitoring and Reporting Program (MMRP) of the Final EIR includes mitigation measures to ensure an appropriate response by the on-site work crew depending on the type of resource encountered.
Land Use Element
h. LU-I-25 | Rockaway Quarry Site: Enable the responsible development and environmental conservation of the Quarry Site.
Preparation of a specific plan for the Quarry site could achieve the desired development outcomes. Allowable development should provide City revenues, substantial public open space, and commercial uses and public spaces attractive to both visitors and local residents. Uses may include an inn or hotel; shops and restaurants; performance or conference spaces; and public uses. Ordinance No. 391 provides that residential uses are only authorized after a vote of the electorate. Development should be integrated with the Rockaway Beach district, to create an expanded visitor-oriented area in a memorable natural setting.
Environmental protection is a priority at this site and includes preserving upland areas as open space, preserving the riparian corridor along Calera Creek, and preserving critical habitat. Any development of the Quarry site will require detailed evaluation of potential geotechnical hazards and biological resources to ensure safe use of the site and that sensitive habitat and wetlands are protected; the likely footprint of development could be much smaller than the area designated.
The Reduced Fill Alternative, as conditioned, would initiate reclamation of a former quarry operation, consistent with the Surface Mining and Reclamation Act (SMARA) and by Title 9, Chapter 2 of the PMC, that would occur concurrently with the specific planning process and facilitate preparation of the site for end use, in accordance with the 2040 General Plan. Additionally, 1.55 acres of new seasonal wetlands and a new 0.20-acre California red-legged frog pond would be created. The reclamation once completed would result in a safer site with stable slopes
• The project is consistent with the City's adopted Design Guidelines.
The Reduced Fill Alternative, as conditioned, would consist of 100,000 cubic yards of grading, associated drainage improvements, trail improvements, wetlands habitat creation, and related revegetation. The Design Guidelines are intended to address building and site design for development projects and are not applicable to the Reduced Fill Alternative because it lacks either of those components. However, to the extent that certain Design Guidelines would apply if the Reduced Fill Alternative was a development project, that discussion is provided below:
HILLSIDE DEVELOPMENT
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A. Slope Stability and Erosion. Many of the hillside areas show signs of instability through creep and slippage. Drainage and erosion potential are also problems associated with hillside development.
• Obtain input from a geologist or soils engineer early in the design process. A geotechnical report may be required.
(b) Avoid construction near geologically fragile or unstable areas. (c) Use engineering techniques, such as drainage swales and channels, catch basins, and French drains to direct runoff.
(d) Use landscaping techniques such as netting, hydroseeding and selection of plants which have root systems which aid in stabilizing the soil.
The City’s Geotechnical Consultant has indicated that generally the Reduced Fill Alternative proposed by the Applicant is geotechnically feasible, based on the Preliminary Concept Plan of the Reduced Fill Alternative proposed by the Applicant, and Applicant provided Geotechnical Report. The Reduced Fill Alternative, as conditioned, requires a geotechnical report specific to the approved scope of work for review by the City prior to grading permit issuance. It is also the standard procedure of the Community Development Department to perform a design-level peer review of geotechnical reports during the building permit and/or grading permit phase if the project is approved.
Based on the discussion above, the Reduced Fill Alternative, as conditioned, would be consistent with this design guideline, as applicable. if it was applicable to the Reduced Fill Alternative.
B. Visual Impact. Development on hillsides and ridges is often visible to neighbors and other residents in the vicinity, as well as those at a distance, such as motorists traveling on highway 1.
Hillside development also has the potential to block or impair established views from existing development.
The Reduced Fill Alternative does not include the development of any buildings that would block or impair established views. Therefore, the Reduced Fill Alternative, as conditioned, would be consistent with this design guideline, as applicable.
C. Access Difficulty. Vehicular access and circulation in hillside development can often be unsafe or dangerous due to excessive slope and lack of adequate sight distance.
The Reduced Fill Alternative, as conditioned, would not include vehicular access and circulation in hillside areas; thus, it would avoid constructing such access that could be unsafe or dangerous due to excessive slope and lack of adequate site distance. Therefore, the Reduced Fill Alternative, as conditioned, would be consistent with this design guideline, as applicable. • The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.
As discussed in further detail, above, the Reduced Fill Alternative, as conditioned, would be consistent with policies in the Open Space and Community Facilities Element, Conservation Element, and Land Use Element of the 2040 General Plan. Consistency with the Local Coastal Plan is not applicable because the project site is located within an area of deferred certification in the City’s certified Local Coastal Program.
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Section 4. Reclassification. Section Maps 16 and 17 of the Zoning Map of the City of Pacifica, as described in Section 9-4.302 of the Pacifica Municipal Code, are hereby amended as depicted in Exhibit 1 to this Ordinance. The specific area affected by this reclassification is more particularly described in the legal description included as Exhibit 2 to this Ordinance. The reclassification does not alter the existing Hillside Preservation District (HPD) or Coastal Zone Combining District (CZ) zoning applicable to the site, nor does it alter the voter approval requirement for rezoning to authorize residential development contained in Ordinance No. 391-C.S., all of which shall remain in full force and effect.
Section 5. Development Plan. The approved Development Plan DP-86-22 for the Project site, which shall be implemented through the development more particularly set forth in a specific plan approved in accordance with Article 22 of Chapter 4 of Title 9 of the Pacifica Municipal Code, shall be as set forth in the following Table 1:
TABLE 1
Standards Approved
Use 1) Quarry reclamation pursuant to a quarry reclamation plan approved by the City of Pacifica.
2) Open space.
3) Public trails.
4) Wetlands and other habitat mitigation areas required by a government agency pursuant to development approved by the City of Pacifica. 5) Storm drainage infrastructure.
6) Regulatory and directional signage.
Residential Use Residential use shall be prohibited on the property subject to this Development Plan unless all of the following conditions are met:
1) An affirmative public vote authorizes rezoning to allow residential use pursuant to Ordinance No. 391-C.S.
2) The City Council or the People of the City of Pacifica adopt an ordinance to rezone the property subject to this Development Plan.
3) This Development Plan is repealed and replaced or otherwise superseded with a Development Plan that authorizes residential use consistent with the above authorizations, or this Development Plan is amended to allow same, or the property is rezoned to another zoning classification that does not require approval of a Development Plan.
Maximum
Hillside
Preservation
District (HPD)
coverage
pursuant to
PMC Sec. 9-
4.2257
Quarry Parcel (APN 018-150-120): 22.0 acres (54.45%)
Eastern Parcel (APN 018-150-150): 2.8 acres (7.16%)
Import of fill Not more than 100,000 cubic yards of fill may be imported onto the property subject to this Development Plan, with additional fill as provided in the Project conditions of approval.
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Zoning district
most similar in
nature and
function to the
area included in
this
Development
Plan
Regulations for area, coverage, density, yards, parking, height, and open ground area for P-D District users shall be guided by the regulations of the OS (Open Space) zoning district.
There are no structures proposed in this Development Plan.
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.
* * * * *
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 23rd day of September 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
Sue Vaterlous, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4861-3338-3398 v1
EXHIBIT 1
File No. 2016-001
Quarry Reclamation Appeal
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File No. 2016-001
Quarry Reclamation Appeal
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EXHIBIT 2
LEGAL DESCRIPTION
File No. 2016-001
Quarry Reclamation Appeal
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