CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/18/2024
1 SUBJECT:
Consideration of a Resolution: 1) Denying Appeals of Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying the Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP-179-22, Quarry Use Permit UP-71-16, Variance PV-531-22, and Tree Permit TP-1-22 (File No. 2016-001) (APN 018-150-120 and 018-150-150) CEQA:
Exempt under CEQA Guidelines Section 15270 (Denial of a project) RECOMMENDED ACTION:
Adopt a Resolution: 1) Denying the Appeals by Baylands Soil Pacifica LLC and Dan Stegink, of the Planning Commission’s Effective Denial of Various Actions to Approve the Rockaway Quarry Reclamation Plan; and 2) Denying Rezoning RZ-210-22, Development Plan DP-86-22, Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001).
STAFF CONTACT:
Kavitha Kumar, Interim Director, Community Development Department (650) 738-7341
[email protected]
INTRODUCTION:
This agenda item recommends adoption of a resolution denying two appeals of the Planning Commission’s effective denial of the Rockaway Quarry Reclamation Plan and denying the Reclamation Plan, as revised to include 874,000 cubic yards of imported fill (“Project”). The attached Resolution has been prepared as directed by the City Council.
SITE DESIGNATIONS:
General Plan: Visitor-Serving Commercial (VSC) and Conservation (C) Current Zoning: C-3X/HPD/CZ (Service Commercial with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) Proposed Zoning: P-DX/HPD/CZ (Planned Development with Public Vote Required to Rezone for Residential Use/Hillside Preservation District Overlay/Coastal Zone Combining District) with Approved Development Plan
PROJECT DESCRIPTION:
The Council hears appeals de novo, namely as if hearing for the first time. The City Council considered the overall project approvals for the proposed reclamation plan, as described above, Pacifica City Council 2
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on September 23, 2024, and directed staff to prepare a resolution denying the Project with associated applications and entitlements with a unanimous vote of 5-0-0.
Pursuant to the input from the Planning Commission and public comment at the March 18, 202412, Planning Commission Meeting and the May 20, 202434, Study Session, the Applicant proposed an alternative to reduce the amount of imported fill to approximately 583,000 CY, using the Reduced Fill Alternative described and analyzed in the Environmental Impact Report (EIR, Chapter 6) for the Project (“Reduced Fill Alternative”). However, the Applicant did not revise their Project application. Therefore, the application still proposed a Reclamation Plan with 874,000 cubic yards, which was presented to the Planning Commission on August 19, 202456.
AUGUST 19, 2024 PLANNING COMMISSION MEETING:
On August 19, 2024, the Planning Commission held a public hearing to consider the Project, with a recommendation from staff to approve the Reduced Fill Alternative. During the public hearings with the Planning Commission, there were several concerns raised including consistency with the General Plan, the amount of imported fill, traffic, phasing of the reclamation and a future specific plan, Surface Mining and Reclamation Act (“SMARA”) requirements, testing, tribal cultural resources impacts, and water quality impacts. Ultimately, the Planning Commission effectively denied the application by a vote of 0-5-2 (Devine and Godwin absent) following a motion to approve the Specific Plan SP‐179‐22, Quarry Use Permit UP‐71‐16, Variance PV‐531‐22, and Tree Permit TP‐1‐22 (File No. 2016‐001); recommend approval to the City Council on Rezoning RZ‐210‐22 and Development Plan DP‐86‐22; and Certification of the Final Environmental Impact Report for a reclamation plan to reclaim the former Rockaway Quarry including construction of public access trails, drainage infrastructure, and wetland mitigation areas, on two undeveloped parcel totaling approximately 86-acres. While the Planning Commission did not vote to deny the Project, the unanimous “No” vote on the collective motion to approve with no further action from the Planning Commission is considered an effective denial.
APPEAL OF PLANNING COMMISSION EFFECTIVE DENIAL BY BAYLANDS SOIL PACIFICA, LLC (“BAYLANDS”):
On August 27, 2024, Baylands timely submitted a City of Pacifica Appeal Form, letter, and applicable fee to the City Clerk’s office to appeal the Planning Commission de facto denial of the Project. Baylands cited a number of reasons for the appeal in the appeal form and attached letter, which are summarized and addressed by staff at the September 23, 2024, City Council appeal Hearing78.
1 March 18, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1635 2 March 18, 2024 Planning Commission Video: https://www.youtube.com/watch?v=admme15GedU 3 May 20, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1639 4 May 20, 2024 Planning Commission Video: https://www.youtube.com/watch?v=WlbEFuu0NZo 5 August 19, 2024 Planning Commission Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1645 6 August 19, 2024 Planning Commission Video: https://www.youtube.com/watch?v=fBfYn_XGCuE 7 September 23, 2024 City Council Meeting Report:
https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1621 8 September 23, 2024 City Council Video: https://www.youtube.com/watch?v=iS6mnseMZOU Pacifica City Council 3
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APPEAL OF PLANNING COMMISSION EFFECTIVE DENIAL BY DAN STEGINK (“STEGINK”):
On August 29, 2024, Stegink timely submitted a City of Pacifica Appeal Form, letter, and applicable fee to the City Clerk’s office to appeal the Planning Commission de facto denial of the Project. Stegink cited a number of reasons for the appeal in the appeal form and attached letter, which are summarized and addressed by staff at the September 23, 2024, City Council appeal Hearing78.
SEPTEMBER 23, 2024 CITY COUNCIL MEETING:
Pursuant to PMC section 9-4.3208, the Council may approve, deny or modify the Development Permits, after considering the appeal. The Council is also the final decision-maker on the proposed Rezoning and Development Plan. The City Council considered the Project and staff recommendations and determined to deny the appeals and the Project and provided staff with findings to support these denials as supported by substantial evidence in the record. Staff has memorialized these findings as supported by the record in the attached Resolution which findings include denial of the following Project components:
1. Rezoning and Development Plan: The findings include inconsistency with the General Plan and HPD requirements and address that the Reclamation Plan does not include the minimum amount of fill necessary to reclaim the site.
2. Specific Plan permit: The findings are based on the fact that the development plan is not approved. Therefore, the Specific Plan permit cannot be found consistent with an approved Development Plan.
3. Variance: The findings are based on the fact that a variance is not required given the denials of the Rezoning, Development Plan and Specific Plan permit, as well as that the scope of the disturbance and fill and impacts of the Project do not justify the granting of a variance.
4. Quarry Use Permit: The findings are based on the fact that a Quarry Use Permit cannot be approved given the denials of the Rezoning, Development Plan and Specific Plan permit and non-compliance with the General Plan and Zoning Code. Further, the reclamation plan is not consistent with SMARA.
5. Tree Permit: The findings are based on the fact that no trees need to be removed, as the Project is being denied.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Project is not directly associated with an item on the City Council’s 2024-25 Work Plan. It is the City Council’s normal governance process to hear and determine appeals of Planning Commission actions under the Pacifica Municipal Code.
STAFF RECOMMENDATION:
Staff recommends denying the appeals filed by Baylands Soils Pacifica, LLC and Dan Stegink, and denying the Project.
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ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A: Resolution Denying Quarry Appeals and Rockaway Quarry Reclamation Project (PDF)
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November 18, 2024