CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/28/2024
1 SUBJECT:
Consideration of a Resolution of the City Council of the City of Pacifica Certifying that the Revised Certification Draft Local Coastal Land Use Plan (LCLUP) with Alternative Modifications is intended to be carried out in a manner fully in conformity with the California Coastal Act; Adopting the Revised Certification Draft LCLUP with Alternative Modifications; Directing the City Manager to transmit the Revised Certification Draft LCLUP with Alternative Modifications to the California Coastal Commission For Certification; and Finding that Approval of the Revised Certification Draft LCLUP with Alternative Modifications is Exempt from the California Environmental Quality Act (CEQA).
RECOMMENDED ACTION:
1) Receive a presentation from staff and confirm alternative modifications to the Revised Certification Draft LCLUP; and
2) Approve the Resolution of the City Council of the City of Pacifica Certifying that the Revised Certification Draft Local Coastal Land Use Plan (LCLUP) with Alternative Modifications is intended to be carried out in a manner fully in conformity with the California Coastal Act; Adopting the Revised Certification Draft LCLUP with Alternative Modifications; Directing the City Manager to transmit the Revised Certification Draft LCLUP with Alternative Modifications to the California Coastal Commission for Certification; and Finding that Approval of the Revised Certification Draft LCLUP With Alternative Modifications is Exempt from the California Environmental Quality Act (CEQA).
STAFF CONTACT:
Kavitha Kumar, Interim Community Development Director
(650) 738-7341
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:
The City has worked on an update to its Local Coastal Land Use Plan (LCLUP) since 2009.
Most recently in 2023 and 2024, the City has undertaken a community engagement strategy to receive input from the community and facilitate the City Council’s decision-making process about the LCLUP Update process and steps that could be considered to respond to California Coastal Commission (CCC) staff suggested modifications from March 2023 that would modify the City’s Certification Draft LCLUP approved by City Council in February 2020. Completion of the LCLUP Update would advance Goal 4, Strategy C of the City Council’s 2023 to 2030 Strategic Plan: Update Pacifica’s Local Coastal Plan and improve communications and collaboration with the California Coastal Commission.
Most recently, on September 17, 2024, the City Council held a Special Meeting to undertake a detailed discussion of alternative modifications that City staff has proposed in response to the CCC staff’s suggested modifications released in March 2023. The City Council was able to discuss the Special Shoreline Resiliency Area (SSRA) policies and several other alternative modifications based on CCC staff input.
The attached Redline LCLUP (Attachment B) includes all proposed changes that staff is Pacifica City Council 2
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recommending the Council adopt. The redlines have been made to the version of the LCLUP last approved by the Council in October of 2023. The attached Summary Table (Attachment D) now includes all changes to the October 2023 LCLUP document, including changes to General Plan consistency text. The Summary Table includes a few redlines/track changes, showing new alternative modifications in response to Council’s direction from the September 17, 2024, meeting and new alternative modifications resulting from meetings with the CCC staff and North Coast County Water District (NCCWD).
The October 28th meeting is intended to review these minor changes, receive any final edits from the City Council, and request the City Council’s approval for the City Manager to transmit the Revised Certification Draft LCLUP with Alternative Modifications to the CCC.
INTRODUCTION:
Pacifica Needs an Updated LCLUP
The California Coastal Act requires every city along the coast to prepare a Local Coastal Program (LCP), which consists of two parts: an LCLUP and an Implementation Plan (IP). The LCLUP must be consistent with the Coastal Act. The LCLUP must specify the intended uses of land within the Coastal Zone, and serves as a policy framework for future actions, such as development review and City infrastructure projects. The LCLUP must balance statewide interests for the Coastal Zone as expressed in the Coastal Act with local land use priorities. The LCLUP also guides the contents of the IP, which consists of the zoning ordinance, zoning map, and other policies and programs to implement the LCLUP.
The City’s LCLUP currently in effect was last comprehensively updated in 1980 (“1980 LCLUP”). While the LCLUP is separate from the General Plan, much of the descriptive text and policies overlap between both documents due to their similar purposes of specifying land uses, establishing goals and policies, and providing a policy framework for future actions.
There are many benefits to having an updated LCLUP. These include, but are not limited to, accurate maps, modernized policies to guide development, enhanced environmental protections, strengthened economic development and housing policies, and consistency with the City’s 2040 General Plan. Achieving consistency with the City’s General Plan, which the City Council comprehensively updated in July 2022, will become increasingly challenging over time if a corresponding LCLUP Update is not completed. Also, whenever a conflict between the 2040 General Plan and the 1980 LCLUP occurs, the 1980 LCLUP’s policies will prevail.
Staff’s assessment is that the 1980 LCLUP is not adequate to continue guiding the City’s actions in the Coastal Zone on a long-term basis. Many objectives of the 1980 LCLUP have been accomplished, such as protection of key beach and open space areas and formalization of public coastal access in many locations, while its assessments of some coastal neighborhoods are no longer reflective of the challenges and needs of those areas. Moreover, the 1980 LCLUP does not do enough to help Pacifica plan for the future. The plan is over 40 years old, and importantly, the 1980 LCLUP does not effectively identify climate change and sea level rise (SLR) as major issues that need to be addressed.
The City Council recognized in 2009 that an update was needed and started the process.
Despite 15 years of work with various starts and stops in the process, the update is yet to be completed. As more time passes, the need for an update continues to grow, and the problems the LCLUP seeks to address will only become more complex. The City Council has demonstrated the capacity to tackle difficult challenges in recent years, and has used lessons learned during community planning processes to inform subsequent planning and Pacifica City Council 3
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implementation activities, as exhibited in the following:
• The General Plan Update, which identified a community desire for in-fill, mixed-use development, preservation of open spaces, enhancement of parks and other community facilities, and improved planning to address hazard mitigation and evacuation from wildfires and other events, among other priorities.
• The Sharp Park Specific Plan (SPSP), which creates a plan for the historic Sharp Park neighborhood to enhance it as a regional destination and active neighborhood center. • The Housing Element Update, which demonstrated the need to plan for more than 2,000 housing units, while undertaking other supporting actions to accelerate housing approvals and provide services for the neediest members of our community. • The Economic Opportunities Study, which identified ways for the City to strengthen its fiscal position so it can continue to provide high-quality services, infrastructure, and facilities to meet community needs.
The priorities identified in the above-referenced planning documents cannot meaningfully move forward in the Coastal Zone while limited by the 1980 LCLUP. An updated LCLUP is needed to address these emerging community priorities while also addressing issues that are all the more pressing in the Coastal Zone such as climate change and Sea Level Rise (SLR) adaptation.
While significant City staff resources continue to be absorbed by the LCLUP Update process, work on those other community priorities cannot proceed effectively. Housing Element implementation, pursuing economic development initiatives, planning for City infrastructure and facilities, etc., can all advance much more efficiently once an updated LCLUP is in place.
Completion of the LCLUP Update is also needed before staff can focus on pursuing CCC certification of the Sharp Park Specific Plan (SPSP), which combined with redevelopment of 2212 Beach Boulevard (a major economic opportunity site for the City) will provide a major boost to the Palmetto Avenue commercial corridor and enhance the City as a visitor destination.
Implementation of the SPSP is on hold until the LCLUP is certified by the CCC.
Lastly, an update to Pacifica’s LCLUP to account for SLR is inevitable. State law, as enacted in late 2023 with Senate Bill (SB) 272, now requires LCLUPs throughout California to be updated to include a plan to address SLR.
Based on this information, staff’s assessment is that completion of the LCLUP Update as expeditiously as possible and consistent with the 2040 General Plan is critical to the future of the City.
DISCUSSION:
1. Community Engagement
Community engagement has been a significant component of the LCLUP Update process, particularly in the latest phase that occurred in 2023 and 2024. The City Council has expanded the original 3-meeting community engagement plan to more than 10 meetings to discuss the alternative modifications.
Additional information on the City’s work to update the LCLUP and the community engagement plan is available in the City Council agenda reports for the City Council meetings on October 9, 2023 (Agenda Item No. 10):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1497&Inline=True November 13, 2023 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1503&Inline=True Pacifica City Council 4
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December 5, 2023 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1508&Inline=True March 2, 2024 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1517&Inline=True April 15, 2024 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1527&Inline=True April 22, 2024 (Agenda Item No. 6):
https://pacificacityca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1528&Inline=True May 23, 2024 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1661 June 26, 2024 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1666 August 12, 2024 (Agenda Item No. 14):
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1618 and September 17, 2024 (Agenda Item No. 1):
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1667 The March 2, 2024, report includes detailed case studies that describe specific scenarios that could result from application of different potential LCLUP policies in the Coastal Zone and responses to almost 150 questions submitted by the public. Additionally, the May 23, 2024, report includes responses to over 100 questions received by the public and City Council.
This community engagement process is intended to conclude the comprehensive LCLUP update process that started nearly 15 years ago. It involves concluding the LCLUP update process based on the structure and policy emphasis approved by the City Council in the 2020 LCLUP, with consideration of alternative modifications to certain policies as an alternative to the CCC staff’s suggested modifications from March 2023 (i.e., the “alternative modifications”). This process is not a reconsideration of policy emphasis or direction that was approved in the 2020 LCLUP (and continued in the Revised LCLUP), but instead is focused on specific changes to LCP policies that are likely to lead to CCC certification. Consideration of a resolution to propose alternative modifications that may be acceptable to the CCC is the best and most expedient way for the City to seek CCC certification of the LCLUP in a form that is acceptable to the CCC and the City Council.
The need for transmittal of alternative modifications by resolution arose during a City-CCC staff coordination meeting after LCLUP Meeting #3 on March 2, 2024. At the coordination meeting, CCC staff relayed that further internal discussions at the CCC concluded that transmittal by resolution was required pursuant to Public Resources Code section 30510 which states, in part, that “a proposed local coastal program may be submitted to the [CCC]” only if it is submitted “pursuant to a resolution adopted by the local government...” Staff has prepared the draft resolution included as Attachment A which will serve as the mechanism for transmittal of the alternative modifications to the CCC once they are finalized by the City Council.
2. Follow-up Items from September 17, 2024
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Staff noted a few points in City Council’s discussion at the September 17th meeting that required follow-up, related to policy CR-I-21 Coastal Hazard Risk Disclosure, the definition of Substantial Structural Modification (SSM), and implications of removing the Special Shoreline Resiliency Area (SSRA) policies. Staff has continued the conversation with CCC staff and has been able to resolve the following outstanding issues.
A. CR-I-21 Coastal Hazard Risk Disclosure
The Council and the public have made various comments about the complicated language and requirements in the Coastal Hazard Risk Disclosure. As a result of these continued concerns, City staff met with CCC staff to discuss, among other things, policy CR-I-21 relating to Coastal Hazard Risk Disclosure. During that discussion, staff identified other risk disclosure requirements for other jurisdictions that appeared less cumbersome, especially language in Del Norte County’s LCP regarding Hazard Risk Disclosure. CCC staff agreed that the Del Norte County language contained the same essential criteria but was a more simplified policy and thus easier for a reader to understand the obligations contained in the policy. CCC staff suggested certain revisions to the Del Norte County Hazard Risk Disclosure to conform to Pacifica’s LCLUP, which is reflected in section CR-I-21 of the Table attached as Exhibit D. Staff supports the recommended modifications that will simplify the Coastal Hazard Risk Disclosure for Pacifica, and they are included in the Redline Version of the LCLUP in Attachment B.
Disclosure Policy recommendation from CCC:
(all track changes are from various CCC staff)
2.5.1-9 Assumption of Risk CR-I-21 Coastal Hazards Risk Disclosure: As a condition of coastal permit approval for new development in an area subject to current or future hazards in Coastal Vulnerability Zones or Tsunami Inundation Zones (Figure 6-2), applicants shall be required to acknowledge and agree, and private applicants must also record a deed restriction on the property to acknowledge and agree: 1) that the development is located in an hazardous area subject to current or reasonably foreseeable future coastal hazards, or an area that may become hazardous in the future; 2) that the applicant permittee assumes the risks of injury and damage from such coastal hazards in connection with the permitted development; 3) that the applicant permittee unconditionally waives any claim of damage or liability against the County of Del Norte City of Pacifica, and the Coastal Commission if the permit is appealed, its officers, agents, and employees for injury or damage from such coastal hazards; 4) that the applicant permittee indemnifies and holds harmless the County of Del Norte City of Pacifica, and the Coastal Commission if the permit is appealed, its officers, agents, and employees with respect to approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such coastal hazards; 5) that the permittee waives any rights that might exist under applicable law for shoreline protection structures for the duration the permitted development is present on the property; that, except for coastal-dependent structures, the applicant has no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; 6) that sea level rise could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it inoperable or uninhabitable; 7) (for structures not already located on public trust lands) that the boundary between public land (tidelands) and private land may shift with rising seas, the structure may eventually be located on public trust lands lands impressed with a public trust interest, the development approval does not permit encroachment development to be located onto public trust land such lands, any development that comes to be located on such lands except for coastal-dependent and/or Pacifica City Council 6
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public trust uses, any future encroachment must be removed unless the Coastal Commission determines that the encroachment is legally permissible pursuant to the Coastal Act and authorizes it to remain, and any future encroachment would also be subject to the State Lands Commission’s (or other trustee agency’s) leasing approval; and 8) that the structure may be required to be removed or relocated and the site restored, at the property owner’s expense, if it becomes unsafe for occupancy or use due to coastal hazards, including as outlined above; when coastal hazards would necessitate construction of a shoreline protection structure to ensure safe occupancy of the development, and/or as part of shoreline protection structure repair/maintenance if the development is not permitted to obtain shoreline protection; or in response to certain defined triggers identified in the LCLUP and Implementing Programs and/or as identified by the terms and conditions of the CDP.
B. Substantial Structural Modification
During the September 17th meeting, there was a question raised on how Policy CR-I-25 would be applied to development that is within the Tsunami Inundation Zone (TIZ) only. The policy is applied to all development within the coastal zone that triggers the definition of SSM, regardless of any overlay or special area. In other words, policy CR-I-25 would apply to areas in and outside of the TIZ. The policy states that when a development triggers the SSM definition, then all existing non-conformities must be corrected in accordance with the LCP and the Coastal Act, and within the Coastal Vulnerability Zones, it must also be consistent with CR-I-19 Technical Reports and CR-I-20 Siting and Design. There is nothing in the policy or referenced policies that would trigger additional requirements or criteria for development that is within the TIZ only. The policy also specifies that nonconformities related to non-coastal resource issues may be maintained at the discretion of the decision-making body so long as they do not lead to significant impacts to coastal resources. Staff supports this modification as the modification provides the ability to correct only existing nonconformities associated with coastal hazards present on the site, rather than a broader range of potential LCLUP or zoning nonconformities.
Staff discussed adding plywood roof sheathing back into the definition of SSM with CCC staff and were informed after the meeting that they were not agreeable to add it in the list of exclusions but agreed that any non-structural repair of roof sheathing could be included in the catchall “other” exclusion from the SSM definition . Staff is in agreement with this determination but has expanded the “other” exclusion slightly to clarify that it would apply to other nonstructural roofing materials and other non-structural modifications. The revised SSM definition in the Attachment B is included below. As revised, staff believes that the SSM definition sufficiently describes the exclusions to allow the public to understand whether their project would meet the definition of an SSM. Accordingly, staff recommends including this revised definition in the LCLUP.
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C. Importance of Special Shoreline Resiliency Area (SSRA) policies The Special Shoreline Resilience Areas (SSRA) policies are crucial for Pacifica due to their strategic focus on balancing coastal protection with ongoing urban and infrastructural needs.
These policies specifically allow the neighborhoods of West Sharp Park and Rockaway to continue maintaining and modifying existing developments while providing flexibility for new development, a benefit not afforded to other areas within the Coastal Zone. By designating these neighborhoods as SSRAs, development can rely on existing shoreline protection structures that help mitigate immediate coastal hazards like erosion and flooding.
The SSRA policies are particularly valuable for both public infrastructure and private development located directly behind these protection structures. For instance, public infrastructure-such as roads, utilities, and parking areas-is safeguarded by these protections, Pacifica City Council 8
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allowing the City to focus on maintaining the functionality of essential services. Similarly, private developments benefit from reduced exposure to coastal risks, fostering an environment where both residential and commercial properties can continue to thrive.
One policy, CR-I-40, specifically permits the maintenance and minor extensions of existing shoreline protection structures. This means that infrastructure critical to the City’s operations can continue to be protected from coastal hazards, and development in these areas can proceed, factoring in the protection from the existing structures.
It is essential to note that the inclusion of SSRA policies does not disadvantage other areas within the Coastal Zone. The general coastal protection policies laid out in the LCLUP apply to the entire coastal area of Pacifica. If the SSRA policies were removed, no additional benefits would be afforded to other areas; rather, the benefits for the specific SSRAs would be weakened. The SSRAs provide targeted, essential protections, without reducing the broader coastal protections already in place for other zones.
Additionally, the SSRA policies require the City to develop a Coastal Access and Resilience Program and a Shoreline Adaptation Program. These programs entail developing clear and organized plans for near-term coastal access improvement projects, long-term shoreline adaptation strategies, and position the City to take advantage of financial opportunities, such as grants, that can support the long-term resilience and sustainability of Pacifica’s coastline.
3. Additional Alternative Modifications
Recently the North Coast County Water District (NCCWD) contacted staff regarding some concerns they identified related to NCCWD infrastructure maintenance and future projects. City staff met with NCCWD leadership to discuss these concerns and identify solutions, including the possible addition of definitions of “critical infrastructure” and “critical facilities” that would include NCCWD infrastructure and facilities. NCCWD was also able to provide exact examples and City staff was able to seek confirmation of these changes from CCC staff. Attachment E details the responses received by the CCC regarding modifications requested by the NCCWD. Overall, the discussions resulted in enhancing coordinated efforts between Pacifica and NCCWD to ensure sustainable infrastructure development, emphasizing climate resilience and compliance with the Coastal Act.
4. Next Steps
The key outcome of this meeting is to approve the attached Resolution which approves the Revised Certification Draft LCLUP with Alternative Modifications and directs the City Manager to submit the Revised Certification Draft LCLUP to CCC staff. CCC staff has indicated that they will need approximately 2-3 months to review and schedule a hearing on the City’s LCLUP once they receive the City Council resolution. The CCC may then certify the City’s LCLUP as submitted, deny the LCLUP submittal, or certify subject to City Council acceptance of additional suggested modifications.
PUBLIC COMMENT
Staff has received one public comment since the September 17 City Council Meeting and before the release date of this report, see Attachment D.
California Environmental Quality Act (CEQA):
Adoption of the Revised Certification Draft LCLUP with Alternative Modifications would be Pacifica City Council 9
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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.” ALTERNATIVE ACTION:
No alternative action has been identified.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Local Coastal Land Use Plan Update is consistent with the following item(s) in the Counciladopted Strategic Plan and Priority Work Plan for FY 2023-24:
⦁ Goal 4: Pursue climate change adaptation and mitigation. ⦁ Strategy C: Update Pacifica’s Local Coastal Plan and improve communications and collaboration with the California Coastal Commission.
FISCAL IMPACT:
There is no direct fiscal impact from this item.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A - Draft Resolution for LCLUP Process Update (DOCX) Attachment B - Revised Redline Draft Local Coastal Land Use Plan (all staff recommended proposed changes) (PDF)
Attachment C – City Council Approved LCLUP (October 2023) (PDF) Attachment D - Summary Table -w Alternative Mods (DOCX) Attachment E – CCC responses to NCCWD requested modifications (PDF) Attachment F - Public Comment (PDF)