Pacifica City Council
December 2, 2025

3.3 MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the mitigation measure number, the impact the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.

1.b
Packet Pg. 975 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Project Considerations) Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
Chapter 4.1 – Biological Resources

4.1-1 Have a substantial
adverse effect, either
directly (e.g., threaten to
eliminate a plant
community) or through
habitat modifications, on
any plant species
identified as a candidate,
sensitive, or specialstatus species.

4.1-1(a) Prior to the commencement of
construction associated with the
proposed project, focused plant
preconstruction surveys shall be
conducted by a qualified biologist
during the documented bloom periods
of San Francisco Bay spineflower. Two
site visits, including one early-season
(April) and one late-season (July) shall
be sufficient to cover the blooming
periods. If San Francisco Bay
spineflower are not observed during the
focused plant surveys, impact to
special-status plant species would not
occur, and mitigation would not be
required. The results of the surveys
shall be submitted to the City’s
Planning Department.

4.1-1(b) If San Francisco Bay spineflower are
identified on-site during the focused
plant surveys, the project applicant
shall be responsible for ensuring
construction activities avoid specialstatus plants through preparation and submittal to the City’s Planning
Department of an Avoidance Plan
Report detailing protection and
avoidance criteria, measures, and the
extent to which special-status plants
were successfully avoided. The
Avoidance Plan Report shall be subject
City of Pacifica
Planning
Division
City of Pacifica
Planning
Division
USFWS
CDFW
Prior to issuance of
any grading or
building permits and
prior to any ground
disturbing activities
After survey results
and prior to the
commencement of
construction
activities, if San
Francisco Bay
spineflower are
identified on-site

1.b
Packet Pg. 976 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
to approval by the City’s Planning
Department and CDFW.

If avoidance is infeasible, the qualified
biologist shall ensure seed collection
for affected special-status plants is
completed and plants are reestablished at a minimum of a one-toone ratio (number of newly established plants relative to the number of plants
impacted) in a preserved, suitable
habitat approved by the City and
CDFW. The project applicant shall
document and submit proof of
compliance to the City’s Planning
Department and CDFW.

Re-established special-status plant
populations shall be monitored annually
by the project applicant in accordance
with an approved Habitat Mitigation and
Monitoring Plan prepared in
consultation with the City’s Planning
Department, with annual monitoring
taking place for a minimum of five
years. The Habitat Mitigation and
Monitoring Plan shall include criteria,
subject to approval by all applicable
agencies, including the City’s Planning
Department, USFWS, and CDFW,
detailing the survival ratio required of
re-established populations and
performance standards for further
replanting for any re-established
During construction
activities
Annually for a
minimum of five
years after reestablishment of
plants

1.b
Packet Pg. 977 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
special-status plant species that do not
survive. Reports describing
performance results shall be prepared
by a qualified biologist and shall be
submitted to the City’s Planning
Department for years one, three, and
five of the monitoring period.

4.1-2 Have a substantial
adverse effect, either
directly (e.g., cause a
wildlife population to
drop below selfsustaining levels,
threaten to eliminate an
animal community) or
through habitat
modifications, on
migratory birds and
raptors protected under
the MBTA.

4.1-2 To ensure compliance with protections
for migratory birds under the MBTA and
the CFGC, the measures outlined
below shall be implemented prior to the
commencement of construction
activities. Evidence of compliance shall
be submitted to the City’s Planning
Department for review and approval
prior to the commencement of
construction activities.

1. If construction activities are
scheduled to occur outside of
the breeding season (i.e.,
September 15 through January
15), pre-construction surveys
or other mitigation measures
are not necessary.

2. If construction activities are
scheduled to occur during the
breeding season (i.e., January
15 through September 15), a
preconstruction nesting bird
survey shall be conducted on
the identified work area and a
buffer zone (see #3, below).

City of Pacifica
Planning
Division
Prior to the
issuance of grading
or building permits
and at least seven
days prior to start of
construction (if in
nesting season)

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Packet Pg. 978 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
The survey shall be performed
by a qualified biologist
experienced with nesting
behavior of birds of the region
no more than seven days prior
to the initiation of work. A
second focused survey shall
be conducted within 48 hours
prior to construction activities
that would occur during the
nesting/breeding season. If
ground disturbance activities
are delayed following a survey,
then an additional
preconstruction survey shall be
conducted such that no more
than two weeks will have
elapsed between the last
survey and the
commencement of ground
disturbance activities. If a lapse
of project-related activities of
seven days or longer occurs,
another focused survey shall
be conducted before project
activities can be reinitiated. If
nesting or breeding activity is
not observed, work may
proceed without restrictions.

To the extent allowed by
access, all active nests
identified within 250 feet of
construction activities,
including equipment staging,
Immediately prior to
and during initial
grading/construction

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Packet Pg. 979 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
for raptors and 100 feet for
other protected bird species
shall be mapped.

3. For any active nests found
near the construction limits (76
m [250 ft] for raptors and 33 m
[100 ft] for other protected bird
species), the project biologist
shall make a determination as
to whether or not construction
activities are likely to disrupt
reproductive behavior. If
construction is determined
unlikely to disrupt breeding
behavior, construction may
proceed. If construction is
determined to potentially
disrupt breeding, the
construction-free buffer zone
shall be expanded; avoidance
is the only mitigation available.

The ultimate size of the
construction-free buffer zone
may be adjusted by the project
biologist based on the species
involved, topography, lines of
site between the work area and
the nest, physical barriers, and
the ambient level of human
activity. For raptors, the project
biologist shall contact CDFW
and/or the USFWS Division of
Migratory Bird Management for
Throughout
construction near
active nests

1.b
Packet Pg. 980 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
guidance regarding site
evaluations and buffer
adjustments.

If construction activities are
determined likely to disrupt
raptor breeding, construction
activities within the
construction-free buffer zone
may not proceed and project
personnel or equipment shall
not be allowed to enter the
protective buffer until the
project biologist determines
that the nest is unoccupied and
the young have fully fledged.

4. If the project contractor, in
consultation with the City,
determines that maintenance
of a construction-free buffer
zone is not practicable, active
nests shall be monitored by a
qualified biologist to document
breeding and rearing behavior
of the adult birds. The qualified
biologist shall observe any
identified active nests prior to
the start of any constructionrelated activities to establish a behavioral baseline of the
adults and any nestlings, and
the nest site(s) shall be
monitored by the biologist
After fledging or
nest inactivity is
confirmed

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Packet Pg. 981 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
periodically to see if the birds
are stressed by the
construction activities and if
the protective buffer needs to
be increased. The perimeter of
the nest setback zone shall be
fenced or adequately
demarcated with stakes and
flagging at 20-foot intervals,
and construction personnel
and activities restricted from
the area. A survey report by the
qualified biologist verifying that
no active nests are present, or
that the young have fledged,
shall be submitted prior to
initiation of grading in the nestsetback zone. The qualified biologist shall serve as a
biological monitor during those
periods when construction
activities occur near active
nest areas to ensure that no
inadvertent impacts on these
nests occur. All buffers shall be
shown on all sets of
construction drawings. If
construction activities are
determined to potentially
cause nest abandonment,
work shall cease until the
project biologist determines
that the nest is unoccupied. For
raptors, the CDFW and/or the

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Packet Pg. 982 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
USFWS Division of Migratory
Bird Management shall be
contacted for guidance.

4.1-3 Have a substantial
adverse effect, either
directly (e.g., cause a
wildlife population to
drop below selfsustaining levels,
threaten to eliminate an
animal community) or
through habitat
modifications, on any
wildlife species identified
as a candidate, sensitive,
or special-status species.

4.1-3(a) Implement Mitigation Measures 4.1-
4(b) and 4.1-4(c).

4.1-3(b) Pre-construction surveys for specialstatus and non-listed bat species shall be performed by a qualified biologist
prior to removal of the on-site trees and
commencement of construction
activities. If any active maternity or
hibernation roosts are identified within
100 feet of areas proposed for
development, a CDFW-approved
qualified biologist shall establish sitespecific protective buffers around roosts, sized with consideration for the
species that are present and the time of
year bats are roosting, as well as levels
of construction noise and light emission
from project activities.

See Mitigation
Measures 4.1-
4(b) and 4.1-
4(c)
City of Pacifica
Planning
Division
CDFW
See Mitigation
Measures 4.1-4(b)
and 4.1-4(c)
Prior to removal of
the on-site trees
and commencement
of construction
activities

4.1-4 Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community, or State or
federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal, etc.)
through direct removal,

4.1-4(a) Prior to the commencement of grounddisturbing activities, the project applicant shall notify CDFW, pursuant
to CFGC Section 1600. The notification
shall include a description of all of the
activities associated with the proposed
project, not just those associated with
the drainages and/or riparian
vegetation. Impacts shall be outlined in
the notification and are expected to be
City of Pacifica
Planning
Division
CDFW
Prior to the
commencement of
ground-disturbing
activities

1.b
Packet Pg. 983 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
filling, hydrological
interruption, or other
means.
in substantial conformance with the
impacts to biological resources outlined
in the Updated Definition of Potentially
Jurisdictional Aquatic Resources and
Effects Analysis prepared for the 570
Crespi Drive Project by Wood
Biological Consulting. Impacts for each
activity shall be broken down by
temporary and permanent impacts. A
description of the proposed mitigation
for biological resource impacts shall be
outlined per activity and then by
temporary and permanent impact.

Information regarding project-specific
drainage and hydrology changes
resulting from project implementation
shall be provided, along with a
description of stormwater treatment
methods. Minimization and avoidance
measures shall be proposed, as
appropriate, and may include
preconstruction species surveys and
reporting, protective fencing around
avoided biological resources, worker
environmental awareness training,
seeding disturbed areas adjacent to
open space areas with native seed, and
installation of project-specific
stormwater BMPs. Mitigation for
impacts to 0.550-acre of arroyo willow
scrub riparian vegetation may include
restoration or enhancement of
resources on- or off-site, or any other
method acceptable to CDFW.

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Packet Pg. 984 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
Mitigation shall not result in a net loss
of a Sensitive Natural Community.

If CDFW determines through the
course of the CFGC Section 1600
notification process that the project
does not require a Lake or Streambed
Alteration Agreement (LSAA) to
address potential impacts to arroyo
willow scrub, further mitigation beyond
the proposed mitigation included in the
notice to CDFW regarding the
aforementioned vegetation
communities shall not be required.

Written verification of the applicant’s
compliance with the Section 1600
LSAA process shall be submitted to the
City of Pacifica Planning Division prior
to the start of any construction
activities.

4.1-4(b) Prior to the start of any construction
activities, a temporary sediment and
debris barrier shall be installed on the
southern limit of the construction area
that slopes toward the arroyo willow
and emergent wetland habitat. The
fence will also double as a wildlife
exclusion fence during construction.

The fence shall consist of standard
construction silt fence material with a
height of 36 inches. The lower six
inches of fence material shall either be
folded toward the construction side of
City of Pacifica
Planning
Division
Prior to the start of
any construction
activities

1.b
Packet Pg. 985 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
the fence and weighted down with soil
or sandbags, or backfilled in a trench;
with both methods, the purpose is to
completely contact the surface so that
water and sediment would not flow
underneath, and wildlife would not
enter the work area from the wetland.

The barrier shall be maintained
throughout the duration of the
construction period. Evidence of
compliance with this measure shall be
submitted to the City of Pacifica
Planning Division prior to the start of
any construction activities.

4.1-4(c) A qualified biologist, or a designated
representative who has been trained by
a qualified biologist, shall inspect the
area inside of the sediment and debris
barrier for special-status species,
including California red-legged frog,
every day before construction activities
commence. If any special‐status
species are found, the qualified
biologist shall be immediately
contacted (if the survey was conducted
by the designated representative),
construction activities shall not be
allowed to start, and the USFWS and
CDFW shall be consulted on an
appropriate course of action. Such
action could include leaving the animal
alone to move away on its own or the
relocation of the animal to an area
City of Pacifica
Planning
Division
Every day before
construction
activities commence

1.b
Packet Pg. 986 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
outside of the construction area. The
qualified biologist, in consultation with
the CDFW and USFWS, shall make the
ultimate determination of the action to
be taken. Evidence of compliance with
this measure shall be submitted to the
City’s Planning Department upon
discovery of special-status species and
prior to commencement of construction
activities.

4.1-6 Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance.

4.1-6 Prior to issuance of any grading permit,
the project applicant shall obtain a Tree
Removal Permit for any protected trees
to be removed and a Tree
Encroachment Permit for any
construction activities within 50 feet of
a protected tree from the City of
Pacifica Director of Public Works.

Prior to issuance of a certificate of
occupancy, the project applicant shall
complete planting of any replacement
trees required as part of the Director of
Public Works heritage tree removal
authorization or other authorizations. In
addition, the project applicant shall
prepare and submit a Tree Protection
and Preservation Plan prior to the
protected tree removal or
encroachment authorizations or other
authorizations in accordance with the
City Municipal Code, Sections 4-12.02
through 4-12.11, and shall implement
any tree protection measures identified
City of Pacifica
Director of
Public Works
Prior to the
issuance of any
grading permit

1.b
Packet Pg. 987 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
to protect trees which will not be
removed during construction prior to
commencement of any construction
activity.

Chapter 4.2 – Greenhouse Gas Emissions

4.2-1 Generate GHG
emissions, either directly
or indirectly, that may
have a significant impact
on the environment, or
conflict with an
applicable plan, policy, or
regulation adopted for
the purpose of reducing
the emissions of GHGs.

4.2-1(a) Prior to the approval of project
improvement plans, the applicant shall
implement the following measure:
• Consistent with BAAQMD’s
Transportation criterion d., a
total of four EV Capable
parking spaces shall be
installed throughout the 15 onsite uncovered parking spaces, and an additional four EV
Capable parking spaces shall
be installed throughout the 17
community center spaces,
consistent with the current
CALGreen Tier 2 standards.

Compliance with the foregoing
measure shall be ensured by the City of
Pacifica Planning Division.

4.2-1(b) Implement Mitigation Measure 4.3-3.

City of Pacifica
Planning
Division
See Mitigation
Measure 4.3-3
Prior to the approval
of project
improvement plans
See Mitigation
Measure 4.3-3
Chapter 4.3 – Transportation

4.3-1 Conflict with a program,
plan, ordinance, or policy
addressing the

4.3-1 Prior to grading permit issuance, the
project applicant shall prepare a
construction traffic management plan
City Engineer Prior to grading
permit issuance

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Packet Pg. 988 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
circulation system during
construction activities.
for review and approval by the City
Engineer. The plan shall include the
following:
• A project staging plan to
maximize on-site storage of
materials and equipment;
• A set of comprehensive traffic
control measures, including
scheduling of major truck trips
and deliveries to avoid peak
hours; lane closure
proceedings; signs, cones and
other warning devices for
drivers; and designation of
construction access routes;
• Provisions for maintaining
adequate emergency access to
the project site;
• Permitted construction hours,
per City of Pacifica standards;
• Designated locations for
construction staging areas;
• Identification of parking areas
for construction employees,
site visitors, and inspectors,
including on-site locations; and
• Provisions for street sweeping
to remove construction-related
debris on public streets.

4.3-3 Conflict or be
inconsistent with CEQA

4.3-3 The project applicant shall implement
the following CAPCOA VMT reduction
strategy T-9 to reduce the number of
City Engineer Prior to issuance of
final occupancy of
the residential units

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Packet Pg. 989 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
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Agency
Implementation
Schedule Sign-off
Guidelines section
15064.3, subdivision (b).
vehicle trips that would be generated by
future residents, subject to review and
approval by the City Engineer. The
timing for the strategy is set forth below:

Implement subsidized or discounted
transit program (CAPCOA Handbook
Strategy T-9)
The proposed project shall provide
subsidized or discounted, or free transit
passes for residents of the project’s 19
dwelling units.

Prior to occupancy of the multi-family
residential units, the project applicant
shall provide two free one-year transit
passes to residents of the project’s 19
dwelling units.

4.3-4 Substantially increase
hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections)
or incompatible uses
(e.g., farm equipment) or
result in inadequate
emergency access.

4.3-4 Implement Initial Study Mitigation
Measure IX-3.

See Mitigation
Measure IX-3
See Mitigation
Measure IX-3
Initial Study
a-c. Cause a substantial
adverse change in the
significance of a
historical resource
pursuant to Section
V-1. If any potentially historic resources,
prehistoric or historic artifacts, or other
indications of cultural deposits, such as
historic privy pits or trash deposits, are
found once ground disturbing activities
City of Pacifica
Planning
Division
Prior to the
continuation of
ground disturbing
activities, if any
potentially historic

1.b
Packet Pg. 990 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
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Schedule Sign-off
15064.5; cause a
substantial adverse
change in the
significance of a unique
archaeological resource
pursuant to Section
15064.5; or disturb any
human remains,
including those interred
outside of dedicated
cemeteries?
are underway, all work within the
vicinity of the find(s) shall cease, the
find(s) shall be immediately evaluated
by a qualified archaeologist, and the
City’s Planning Department shall be
notified of the find(s). If the find is
determined to be a historical or unique
archaeological resource, as
determined by the qualified
archeologist, contingency funding and
a time allotment to allow for
implementation of avoidance measures
or appropriate mitigation shall be made
available (CEQA Guidelines Section
15064.5). Work may continue on other
parts of the project site while historical
or unique archaeological resource
mitigation takes place (Public
Resources Code Sections 21083 and
21087).

The requirements of this mitigation
measure shall be included via notation
on all project improvement plans and
building permit plans for review and
approval by the City of Pacifica
Planning Department.

V-2. In the event of the accidental discovery
or recognition of any human remains,
further excavation or disturbance of the
find or any nearby area reasonably
suspected to overlie adjacent human
remains shall not occur until
City of Pacifica
Planning
Division
County
Coroner
resources,
prehistoric or
historic artifacts, or
other indications of
cultural deposits are
found once ground
disturbing activities
are underway
In the event of
accidental discovery
or recognition of
human remains

1.b
Packet Pg. 991 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
compliance with the provisions of
CEQA Guidelines Section
15064.5(e)(1) and (2) has occurred.

The Guidelines specify that in the event
of the discovery of human remains
other than in a dedicated cemetery, no
further excavation at the site or any
nearby area suspected to contain
human remains shall occur until the
County Coroner has been notified to
determine if an investigation into the
cause of death is required. If the
Coroner determines that the remains
are Native American, then, within 24
hours, the Coroner must notify the
Native American Heritage Commission,
which in turn will notify the most likely
descendants who may recommend
treatment of the remains and any grave
goods. If the Native American Heritage
Commission is unable to identify a most
likely descendant or most likely
descendant fails to make a
recommendation within 48 hours after
notification by the Native American
Heritage Commission, or the
landowner or his authorized agent
rejects the recommendation by the
most likely descendant and mediation
by the Native American Heritage
Commission fails to provide a measure
acceptable to the landowner, then the
landowner or his authorized
representative shall rebury the human
NAHC

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Packet Pg. 992 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
remains and grave goods with
appropriate dignity at a location on the
property not subject to further
disturbances. If human remains are
encountered, a copy of the resulting
County Coroner report noting any
written consultation with the Native
American Heritage Commission shall
be submitted as proof of compliance to
the City of Pacifica Planning
Department.

The requirements of this mitigation
measure shall be included via notation
on all project improvement plans and
building permit plans for review and
approval by the City of Pacifica Planning
Department.
a,c. Directly or indirectly
cause potential
substantial adverse
effects, including the risk
of loss, injury, or death
involving: seismic-related
ground failure, including
liquefaction, or
landslides; or 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,
VII-1. All grading and foundation plans for the
development shall be designed by a
Civil and Structural Engineer and
reviewed and approved by the Director
of Public Works/City Engineer, Chief
Building Official, and a qualified
Geotechnical Engineer prior to
issuance of a grading or building permit
to ensure that all geotechnical
recommendations specified in the
Geotechnical Investigation, dated
January 2016, and the Response to
Geotechnical Peer Review, dated April
30, 2020, prepared for the proposed
project by GeoForensics, Inc. are
Director of
Public
Works/City
Engineer
Chief Building
Official
Qualified
Geotechnical
Engineer
Prior to the
issuance of a
grading or building
permit

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Packet Pg. 993 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
subsidence, liquefaction
or collapse?
properly incorporated and utilized in the
project design.
d. Be located on expansive
soil, as defined in Table
18-1B of the Uniform
Building Code (1994),
creating substantial
direct or indirect risks to
life or property?
VII-2. Implement Mitigation Measure VII-1 See Mitigation Measure VII-1
See Mitigation
Measure VII-1
f. Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature?
VII-3. In the event that paleontological
resources, including individual fossils
or assemblages of fossils, are
encountered during construction
activities all ground disturbing activities
shall immediately halt and a qualified
paleontologist shall be procured to
evaluate the discovery for the purpose
of recording, protecting, or curating the
discovery as appropriate. The qualified
paleontologist shall provide the City of
Pacifica Planning Department with a
report detailing the findings and method
of curation or protection of the
resources for review and approval by
City Planning staff prior to
recommencing construction
City of Pacifica
Planning
Division
In the event that
paleontological
resources, including
individual fossils or
assemblages of
fossils, are
encountered during
construction
activities
b. Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
likely release of
IX-1. Prior to initiation of grading, excavation,
or other ground-disturbing activities on
the northern portion of the project site,
the project applicant shall complete an
analysis of on-site soils to determine
whether substantial concentrations of
soil contaminants are present above
the applicable direct exposure
City of Pacifica
Planning
Division
Prior to initiation of
grading, excavation,
or other grounddisturbing activities
on the northern
portion of the
project site

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Packet Pg. 994 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
hazardous materials into
the environment?
Environmental Screening Levels
(ESLs) set by the Regional Water
Quality Control Board. If contaminants
are not detected above applicable
ESLs, then further mitigation is not
required. If contaminants are detected
above the applicable ESLs, then the
soils shall be remediated by off-hauling
to a licensed landfill facility. Such
remediation activities shall be
performed by a licensed hazardous
waste contractor (Class A) and
contractor personnel that have
completed 40-hour OSHA Hazardous
Waste Operations and Emergency
Response (HAZWOPER) training, and
overseen by the San Mateo County
Environmental Health Services
Division. The results of soil sampling
and analysis, as well as verification of
proper remediation and disposal, shall
be submitted to the City of Pacifica
Planning Department for review and
approval.
c. Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile of
an existing or proposed
school?
IX-2. Implement Mitigation Measure IX-1. See Mitigation Measure IX-1
See Mitigation
Measure IX-1

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Packet Pg. 995 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
f. Impair implementation of
or physically interfere
with an adopted
emergency response
plan or emergency
evacuation plan?
IX-3. Prior to the issuance of a building
permit, the project shall demonstrate
compliance with the 26-foot access
road width, or obtain Fire Marshall
approval of an Alternative Methods and
Materials request by the NCFA to
deviate from the 26-foot access road
width requirement for the Project.

NCFA Prior to the
issuance of a
building permit
a,e. Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade surface or
ground water quality; or
conflict with or obstruct
implementation of a
water quality control plan
or sustainable
groundwater
management plan?
X-1. During construction, the contractor
shall implement BMPs to reduce
pollutants in stormwater discharges to
the maximum extent practicable, which
may include but are not necessarily
limited to the following practices, or
other BMPs identified in the California
Stormwater Quality Association
(CASQA) Construction BMP Handbook
and in the City’s Municipal Regional
Permit for stormwater discharges:
• Temporary erosion control
measures (such as silt fences,
staked straw bales/wattles,
silt/sediment basins and traps,
check dams, geofabric,
sandbag dikes, and temporary
revegetation or other ground
cover) shall be employed to
control erosion from disturbed
areas;
• Inactive construction areas
(previously graded areas
inactive for 10 days or more)
that could contribute sediment
City Engineer Prior to the
issuance of a
grading, excavation,
or building permit

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Packet Pg. 996 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
to waterways shall be covered
or treated with nontoxic soil
stabilizers;
• Exposed stockpiles of dirt or
other loose, granular
construction materials that
could contribute sediment to
waterways shall be enclosed or
covered;
• The contractor shall ensure
that no earth or organic
material will be deposited or
placed where such materials
may be directly carried into a
stream, marsh, slough, lagoon,
or body of standing water;
• The following types of
materials shall not be rinsed or
washed into the streets,
shoulder areas, or gutters:
concrete, solvents and
adhesives, thinners, paints,
fuels, sawdust, dirt, gasoline,
asphalt and concrete saw
slurry, and heavily chlorinated
water; and
• Grass or other vegetative cover
shall be established on the
construction site as soon as
possible after disturbance.

The applicable BMPs shall be included
via notation on the project Improvement
Plans for review and approval by the

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Packet Pg. 997 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
City Engineer prior to issuance of a
grading, excavation, or building permit.

X-2. Prior to issuance of a certificate of
occupancy for any component of the
proposed project, the project applicant
shall execute and record a
Maintenance Agreement addressing
future maintenance of the stormwater
treatment measures required to comply
with Provision C.3 of the Municipal
Regional Permit. The Maintenance
Agreement shall be subject to review
and approval by the City Engineer and
the City Attorney’s Office.

X-3. Prior to issuance of a certificate of
occupancy for any component of the
proposed project, the project applicant
shall install all required stormwater
treatment measures, and demonstrate
full compliance with the stormwater
treatment plans prepared for the
proposed project. Evidence of such
shall be submitted to the City Engineer
for review and approval.

City Engineer
City Attorney’s
Office
City Engineer
Prior to issuance of
a certificate of
occupancy for any
component of the
proposed project
Prior to issuance of
a certificate of
occupancy for any
component of the
proposed project
b. Generation of excessive
groundborne vibration or
groundborne noise
levels?
XIII-1. Pile driving shall be prohibited during
construction of the proposed project.

Compliance with such shall be ensured
by the City of Pacific Planning Division.

City of Pacifica
Planning
Division
During construction
of the proposed
project
a,b. Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
XVIII-1. Implement Mitigation Measures V-1
and V-2.

See Mitigation
Measures V-1
and V-2
See Mitigation
Measures V-1 and
V-2

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Packet Pg. 998 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
register of historical
resources as defined in
Public Resources Code
section 5020.1(k); or a
resource determined by
the lead agency, in its
discretion and supported
by substantial evidence,
to be significant pursuant
to criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1. In applying the
criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.

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Packet Pg. 999 Attachment: ATT A-Draft Resolution EIR+Exhibits-570 Crespi-251202 (6098 : Crespi Drive Mixed Use 4916-3001-5868 v1

ATTACHMENT B
RESOLUTION NO. xx-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING GENERAL PLAN MAP AMENDMENT GPA-96-19 TO RECLASSIFY THE UNDEVELOPABLE PORTIONS OF THE PROJECT SITE AT 570 CRESPI DRIVE (APN 022-162-310) AND THE EASTERN 55 FEET OF 540 CRESPI DRIVE (APN 022-162-420) TO CONSERVATION (C)
(FILE NO. 2016-004)
________________________________________________________________ Initiated by: Brendan Murphy (“Applicant”)
WHEREAS, an application has been submitted for construction of a 43,696-square foot mixed-use development including one two-story mixed-use building with three residential units and 3,165 square feet of commercial space, two three-story residential buildings behind the street-facing mixed-use building consisting of 16 townhouse residential units; construction of a freestanding sign; merger of two parcels located at 540 and 570 Crespi Drive (APNs 022-162-420 and 022-162-310); removal of five protected trees; a condominium subdivision; construction of off-site parking, circulation and landscaping improvements at 540 Crespi Drive; construction of a wetlands interpretive sign; a development agreement with certain public and developer benefits; a general plan amendment to designate portions of the site as C (Conservation); a zoning text amendment to revise the list of conditional uses in the C-2 (Community Commercial) zoning district; and a rezoning to change the zoning classification to the C-2 zoning district the areas to be designated as Conservation to OS (Open Space) (“Project”); and WHEREAS, the Project requires a General Plan Map Amendment, Rezoning and Zoning Text Amendment, Development Agreement, Site Development Permit, Use Permit, Parking Exception, Sign Permit, Vesting Tentative Subdivision Map, and Tree Removal Permit; and
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing on the Project, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference, and adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention to adopt an Initial Study/Mitigated Negative Declaration, approve Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Authorization to approve the

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Packet Pg. 1000 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4916-3001-5868 v1
Project, and to initiate and recommend City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and
WHEREAS, a timely appeal of the Planning Commission's adoption of Resolution No. 2022-006 was filed on March 17, 2022 ("Appeal"); and WHEREAS, on October 19, 2022, the City Council remanded the matter back to the Planning Commission pending preparation of an Environmental Impact report (EIR) in accordance with the CEQA; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for public and agency review on April 11, 2025. The Draft EIR assesses the potential environmental effects of implementation of the Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives to the Project; and
WHEREAS, a Partially Recirculated Draft Environmental Impact Report (“Partially Recirculated Draft EIR”) was released for public and agency review on August 1, 2025.

Based on the comments received regarding the Draft EIR, the Partially Recirculated Draft EIR recirculated Chapter 4.1, Biological Resources, of the Draft EIR, in order to comply with CEQA Guidelines Section 15088.5; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 3, 2025, and adopted Resolution No. 2025-014 certifying the Final EIR and adopting Findings of Fact and a Statement of Overriding Considerations and the Mitigation, Monitoring, and Reporting Program for the Project; and WHEREAS, the Planning Commission also adopted Resolution No. 2025-015 recommending City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and approving Site Development Permit PSD-811-16, Use Permit UP-076-16, Subdivision Permit SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Protected Tree Removal TP-13-25 (“Development Permits”) subject to the conditions of approval; and making Government Code section 65402 findings; and WHEREAS, a member of the City Council called-up the decisions made by Planning Commission on November 12, 2025, during the 10-day statutory period, pursuant to Pacifica Municipal Code (PMC) Section 2-1.105; and

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Packet Pg. 1001 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4916-3001-5868 v1
WHEREAS, the City Council held a duly noticed hearing on the Project at a special meeting of the City Council on December 2, 2025 and adopted Resolution No. xx-2025 certifying the Final EIR and adopting the CEQA Findings, a Statement of Overriding Considerations (SOC), and Mitigation and Monitoring Program (MMRP) for the Project.

The Final EIR, Findings, SOC, and MMRP are herein incorporated into this Resolution by reference; and
WHEREAS, the City Council held a duly noticed public hearing on December 2, 2025, at which time it considered all oral and documentary evidence presented, and incorporates all testimony and documents into the record by reference.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Pacifica does ordain as follows:

1. The above referenced recitals are true and correct and material to the adoption of this Resolution.

2. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, oral and written staff reports, and other related materials.

BE IT FURTHER RESOLVED At the City Council of the City of Pacifica does hereby take the following actions with respect to the general plan map amendment:

1. The City Council finds that the General Plan Map amendment, as shown in Exhibit A, is consistent with all other elements of the general plan and furthers public health, safety, and welfare. The amendment promotes orderly growth, accommodates planned land uses, and supports implementation of general plan and housing element goals and policies to promote infill housing and mixed-use development and ensure environmental protection. Specifically, the amendment is consistent with the following policies:
• ES-G-6: Ensure Environmental Protection. The amendment will protect nearly half of the site in its natural state for conservation and retain the Arroyo Willow grove along the southern edge. Through incorporation and implementation of the Project’s MMRP, the project will further ensure environmental protection.
• LU-G-2: Concentrated Development. The Project proposes new development within an already urbanized area of Pacifica, adjacent to existing infrastructure and services, and will concentrate development to the northern half of the project site to conserve on site natural environment features.

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Packet Pg. 1002 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4916-3001-5868 v1
• LU-G-3: Future Residential Development. The Project proposes new development within an already urbanized area of Pacifica, adjacent to existing infrastructure and services, and will concentrate development to the northern half of the project site to conserve on site natural environment features.
• LU-G-6: Compact Mixed Use Development. The combination of commercial and residential uses in a concentrated horizontal mixed-use pattern will demonstrate efficient land use and supports transit-oriented growth near Highway 1.
• LU-G-7: Open Space Conservation and Habitat Protection. Nearly half of the site will remain undisturbed, maintaining natural vegetation and habitat value. The Project’s tree preservation plan will retains eight protected trees and will enhance the site with additional native plantings. • CO-I-14: Minimize Site Disturbance. Grading will be limited to the developed northern portion of the site, with approximately 3,000 cubic yards of fill primarily to balance existing grades. The southern portion of site will be conserved and not developed.

2. The City Council finds that the general plan map amendment was processed in accordance with the requirements of state planning law, including Government Code Section 65300 et seq., and was subject to adequate public review and participation, including at dually noticed public hearings before the Planning Commission and City Council.

3. The City Council acknowledges the recommendation of the Planning Commission to approve the general plan map amendment and has considered the Planning Commission's findings and recommendation in adopting the amendment.

4. The City Council hereby adopts the revised general plan land use map in the form set forth in Exhibit A, attached hereto and incorporated herein by reference. The map amendment designates the undevelopable portions of the Project site to Conservation. The Land Use Diagram (Figure 4-3) of the General Plan of the City of Pacifica, in the Land Use Element, is hereby amended as depicted in Exhibit A to this resolution.
* * * * *

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Packet Pg. 1003 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4916-3001-5868 v1
PASSED AND ADOPTED at a special meeting of the City Council of the City of Pacifica, California, this 2nd day of December 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 1004 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4916
-3001-5868 v1
Exhibit A– Land Use Map

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Packet Pg. 1005 Attachment: ATT B_Draft General Plan Amendment Resolution (6098 : Crespi Drive Mixed Use Project Considerations) 4930-2711-2572 v1

ATTACHMENT C
ORDINANCE NO. xxx-C.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING (1) REZONING RZ-194-16 TO REZONE THE NORTHERN PORTION OF THE PROJECT SITE TO BE DEVELOPED FROM M-1 TO C-2 AND THOSE PORTIONS OF THE PROJECT SITE TO REMAIN UNDEVELOPED TO OPEN SPACE, AND(2) ZONING TEXT AMENDMENT TA-116-19, TO AMEND SECTION 9-4.1101(b) OF THE

PACIFICA MUNICIPAL CODE TO ADD RESIDENTIAL USES IN HORIZONTAL MIXED USE DEVELOPMENTS AS CONDITIONALLY PERMITTED USES IN THE C-2 (COMMUNITY COMMERCIAL) ZONING DISTRICT
(FILE NO. 2016-004)
________________________________________________________________ Initiated by: Brendan Murphy (“Applicant”)
WHEREAS, an application has been submitted for construction of a 43,696-square foot (sf) mixed-use development including one two-story mixed-use building with three residential units and 3,165 sf of commercial space, two three-story residential buildings behind the street-facing mixed-use building consisting of 16 townhouse residential units; construction of a freestanding sign; merger of two parcels located at 540 and 570 Crespi Drive (APNs 022-162-420 and 022-162-310); removal of five protected trees; a condominium subdivision; construction of off-site parking, circulation and landscaping improvements at 540 Crespi Drive; construction of a wetlands interpretive sign; a development agreement with certain public and developer benefits; a general plan amendment to designate portions of the site as C (Conservation); a zoning text amendment to revise the list of conditional uses in the C-2 (Community Commercial) zoning district; and a rezoning to change the zoning classification to the C-2 zoning district the areas to be designated as Conservation to OS (Open Space) (“Project”); and WHEREAS, the Project requires approval of a General Plan Map Amendment, Rezoning and Zoning Text Amendment, Development Agreement, Site Development Permit, Use Permit, Parking Exception, Sign Permit, Vesting Tentative Subdivision Map, and Tree Removal Permit; and
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing on the Project, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by

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Packet Pg. 1006 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4930-2711-2572 v1
reference, and adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention to adopt an Initial Study/Mitigated Negative Declaration, approve Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Authorization to approve the Project, and to initiate and recommend City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and
WHEREAS, a timely appeal of the Planning Commission's adoption of Resolution No. 2022-006 was filed on March 17, 2022 ("Appeal"); and WHEREAS, on October 19, 2022, the City Council remanded the matter back to the Planning Commission pending preparation of an Environmental Impact report (EIR) in accordance with the CEQA; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for public and agency review on April 11, 2025. The Draft EIR assesses the potential environmental effects of implementation of the Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives to the Project; and
WHEREAS, a Partially Recirculated Draft Environmental Impact Report (“Partially Recirculated Draft EIR”) was released for public and agency review on August 1, 2025.

Based on the comments received regarding the Draft EIR, the Partially Recirculated Draft EIR recirculated Chapter 4.1, Biological Resources, of the Draft EIR, in order to comply with CEQA Guidelines Section 15088.5; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 3, 2025, and adopted Resolution No. 2025-014 certifying the Final EIR and adopting Findings of Fact and a Statement of Overriding Considerations and the Mitigation, Monitoring, and Reporting Program for the Project; and WHEREAS, the Planning Commission also adopted Resolution No. 2025-015 recommending City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and approving Site Development Permit PSD-811-16, Use Permit UP-076-16, Subdivision Permit SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Protected Tree Removal TP-13-25 (“Development Permits”) subject to the conditions of approval; and making Government Code section 65402 findings; and

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Packet Pg. 1007 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4930-2711-2572 v1
WHEREAS, a member of the City Council called-up the decisions made by Planning Commission on November 12, 2025, during the 10-day statutory period, pursuant to Pacifica Municipal Code (PMC) Section 2-1.105; and WHEREAS, the City Council held a duly noticed hearing on the Project at a special meeting of the City Council on December 2, 2025 and adopted Resolution No. xx-2025 certifying the Final EIR and adopting the CEQA Findings, a Statement of Overriding Considerations (SOC), and Mitigation and Monitoring Program (MMRP) for the Project.

The Final EIR, Findings, SOC, and MMRP are herein incorporated into this Resolution by reference; and
WHEREAS, at that same hearing, the City Council adopted Resolution No. xx2025 approving the General Plan Amendment GP-96-19 to reclassify portions of the Project site to remain undeveloped as Conservation.

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. xx-2025 to certify a final environmental impact report (“EIR”) and adopt a mitigation monitoring and reporting program (“MMRP”), CEQA findings and statement of overriding considerations for the Project (State Clearinghouse No. 2021120126).

Section 3. Initiate Rezoning. Pursuant to Pacifica Municipal Code section 9-

4.3502(b), the City Council of the City of Pacifica does hereby intend to initiate rezoning to the zoning designations for 570 Crespi Drive (APN 022-162-310) and the eastern 55 feet of 540 Crespi Drive (APN 022-162-420) to Community Commercial (C-2) for the northern portion of the Project site, and for the portion designated as Conservation in City Council Resolution No. xx-2025, to Open Space (OS), as provided in Exhibit A (Proposed Zoning Map), attached hereto and incorporated herein by reference.

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Packet Pg. 1008 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4930-2711-2572 v1
Section 4. Findings. The City Council acknowledges the recommendation of the Planning Commission to approve the Zoning Text and Map Amendments and has considered the Planning Commission's findings and recommendations in adopting the amendments. The City Council hereby finds that Rezoning (RZ-194-16), and Zoning Text Amendment (TA-116-19) are consistent with General Plan goals and policies as follows:

The rezoning and text amendment will eliminate an inconsistency between the 2040 General Plan, Zoning Map, and Zoning Ordinance for the Project site. The 2040 Mixed Use Center (MUC) General Plan Land Use designation for the Project site allows for mixed use residential development, whereas all residential use is prohibited in the existing M-1 zoning designation. Rezoning the portion of the site to be developed as C-2 creates consistency between the Land Use designation and the zoning. Rezoning the portion to remain undeveloped to Open Space will be consistent with the approved General Plan Conservation designation. The MUC designation in the General Plan also allows both vertical and horizontal mixed use residential, whereas the C-2 zoning only allows vertical mixed use; the zoning text amendment will eliminate this inconsistency. Further, mixed use in C-2 is limited to one unit per 2,000 square feet of lot area, which is lower than the minimum density established by the MUC designation in the 2040 General Plan. The rezoning and the text amendment address these inconsistencies. Any mixed-use project would still require a Use Permit in the C-2, and would also need to be consistent with the applicable General Plan designation for the site.

Further, the Rezone and Text Amendment will establish zoning provisions to facilitate mixed-use redevelopment along lower Crespi Drive, a designated as a primary activity center in the General Plan, and preserve biological resources and open space. For these reasons, these actions are consistent with the following General Plan goals and policies:
1980 General Plan
Housing Element
• Policy No. 4.D.i: Prioritize in-fill residential development. • Policy No. 8.A: Prioritize mixed-use residential development on in-fill sites.

Land Use Element
• Policy No. 8: Land use and development shall protect and enhance the individual character of each neighborhood.

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2040 General Plan1
• ES-G-6: Ensure Environmental Protection. Ensure that economic development in Pacifica proceeds synergistically with environmental protection.
• ES-I-7: Mixed Land Uses. Promote development of a broader mix of revenue-generating land uses, including hotels, to increase the City’s fiscal benefits.
• ES-I-35: Preserve the Experience of the Natural Environment. Ensure that new development projects do not disrupt view corridors from prominent points or otherwise interfere with residents’ and visitors’ experience of Pacifica’s natural areas and amenities.
• CD-G-4: Enhanced Mixed Use Areas. Create distinctive mixed-use areas by ensuring good building form and building-sidewalk interface, and providing pedestrian-oriented streets and public spaces • CD-I-1: Primary Activity Centers. Create primary activity centers at West Sharp Park, Rockaway Beach, and Linda Mar, and neighborhood centers in Pacific Manor and Park Pacifica (at and around the Park Mall site). • CD-I-4: Support Infill and Redevelopment. Support compatible residential infill on designated vacant lots as shown in Figure 4-3, and redevelopment of underutilized commercial properties, and continue to use the City’s Design Guidelines in evaluation of proposals that don’t meet all development standards in residential districts
• CD-I-7: Commercial and Mixed Use Building Form. Seek to ensure that new commercial and mixed use development creates an attractive and human-scaled built environment. Update the Zoning Ordinance and Design Guidelines to address mixed use access, building form, the building sidewalk relationship.
• LU-G-2: 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-6: Compact Mixed Use Development. Facilitate compact mixeduse development on sites with good access to transit consistent with the Land Use Diagram. Mixed use development may include housing or office space with retail, restaurants, or personal service businesses. • LU-G-7: Open Space Conservation and Habitat Protection. Protect beaches, oceanfront bluffs, ridgelines, hillside areas adjacent to existing open space, and areas that support critical wildlife habitat and special status species.
• LU-I-38: Lower Crespi Drive. Establish zoning provisions to facilitate compact, mixed-use redevelopment of older commercial and residential 1 Economic Sustainability Element (ES); Community Design (CD) Element; Land Use Element (LU); Circulation Element CI); Open Space and Community Uses Element (OC); Conservation Element (CO); 2023- 2031 Housing Element (HE)

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properties along lower Crespi Drive, consistent with the Mixed Use Center and Mixed Use Neighborhood designations
• OC-I-21: Development Strategies to Preserve Open Space. Continue to promote density-open space trade-offs, such as clustering development, transferring development rights from sensitive to less sensitive land, and dedication or protection of open space through covenants or consecutive easements.
• 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 delineations wetlands 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 measure should be in line with the State’s no-net-loss goal regarding wetlands. • HE-G-1: Maintain, Improve, and Develop Housing: Encourage the development and retention of housing in a variety of types for all income levels with priority given to low-income households and projects that foster sustainable urban development.
• HE-P-7: Expand affordable rental and homeownership housing choices in areas of opportunity and higher homeownership among resources and promote communities that are opportunities for disproportionately underrepresented in homeownership to foster intergenerational wealth.

Section 5. Approve Rezoning. Pursuant to Pacifica Municipal Code section 9-

4.3507, the City Council of the City of Pacifica does hereby rezone 570 Crespi Drive (APN 022-162-310) and the eastern 55 feet of 540 Crespi Drive (APN 022-162-420) to Community Commercial (C-2), and Open Space (OS), as shown in Exhibit A (Proposed Zoning Map), attached hereto and incorporated herein by reference.

Section 6. Amendment. Section 9-4.1101(b) of Article 11 (Community Commercial”) of Chapter 4 “Zoning” within Title 9 “Planning and Zoning” of the Pacifica Municipal Code is hereby deleted and replaced as follows:
“Sec. 9-4.1101. Permitted and conditional uses, is hereby amended as set forth below:
…
(b) Conditional uses. Conditional uses allowed in the C-2 District, subject to obtaining a use permit, shall be as follows:
(1) Social halls, clubs, theaters, and nightclubs;
(2) Pet care and sales establishments, including boarding and grooming; (3) Vehicle and boat sales and service in conjunction with sales; (4) Plumbing, heating, electrical, and appliance repair, service, and supply shops;

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(5) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
(6) Car washes;
(7) Health/fitness clubs;
(8) All uses allowed as either a permitted or conditional use in the C-1 District and which are not listed as permitted uses in the C-2 District; (9) Firearms sales, subject to the provisions of Section 9-4.2316; (10) Marijuana testing operation, subject to the provisions of Article 48 of this chapter, including without limitation any restriction on the establishment of such use in certain locations; and
(11) Emergency shelters for more than twenty (20) persons or beds but not more than thirty (30), subject to the standards of Article 53. (12) Residential dwelling units as part of a mixed-use development, including:
(a) Residential units located above the ground floor in the same building as a permitted commercial use (“vertical mixed use”); and
(b) Residential units located in a separate building or buildings on the same site as a permitted commercial use, where the residential and commercial uses are planned as a single, integrated development project (“horizontal mixed use”).” Section 7. 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 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 San Mateo Daily Journal, a newspaper of general circulation and is adjudicated to publish legal and public notices throughout San Mateo County, including the City of Pacifica, California.

Section 9. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law. For areas within the Coastal Zone, this ordinance shall not become effective until the California Coastal Commission certifies an amendment to the city's local coastal program pursuant to Section 30514 of the P Public Resources Code as set forth in Section 4 of this Ordinance.
* * * * *

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Packet Pg. 1012 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4930-2711-2572 v1
The foregoing ordinance was introduced on December 2, 2025, and passed and adopted at a regular meeting of the City Council of the City of Pacifica held on ____________, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSENT, Councilmembers:
______________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 1013 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4930
-2711-2572 v1
Exhibit A– Zoning Map

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Packet Pg. 1014 Attachment: ATT C_Draft Rezoning+Text Amendment Ordinance (6098 : Crespi Drive Mixed Use Project Considerations) 4908-6914-3676 v1

ATTACHMENT D
ORDINANCE NO. xxx-C.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING DEVELOPMENT AGREEMENT DA-4-24 TO APPROVE AND AUTHORIZE A

DEVELOPMENT AGREEMENT BETWEEN CRESPI BREAKWATER, LLC, AND THE

CITY OF PACIFICA TO PROVIDE CERTAIN PUBLIC AND PRIVATE BENEFITS IN CONJUNCTION WITH A DEVELOPMENT PROJECT AT 570 CRESPI DRIVE (APN 022-162-310) AND THE EASTERN 55 FEET OF 540 CRESPI DRIVE (APN 022-162- 420).
(FILE NO. 2016-004)
________________________________________________________________ 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 Ordinance 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, Crespi Breakwater, LLC owns certain real property at 570 Crepsi Drive (APN 022-162-310) and the City of Pacifica (“City”) owns real property that includes the eastern 55 feet of 540 Crespi Drive (APN 022-162-420” ("Property"); and WHEREAS, Brendan Murphy (“Developer”) submitted an application for a mixeduse development project on the Property for construction of a 43,696 square-foot mixeduse development consisting of a two-story mixed-use building with three residential units and 3,165 square feet of commercial space, two three-story townhouse residential buildings containing sixteen units, for a total of 19 residential units including three Below Market Rate units; vesting tentative subdivision map for condominiums; parking exception to reduce the number of on-site spaces; tree removal; and a free-standing sign associated with a master sign program for commercial tenants (“Project”); and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing on the Project, at which time it considered all oral and documentary

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evidence presented, and incorporated all testimony and documents into the record by reference, and adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention to adopt an Initial Study/Mitigated Negative Declaration, approve Site Development Permit PSD-811-16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Heritage Tree Authorization to approve the Project, and to initiate and recommend City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and
WHEREAS, a timely appeal of the Planning Commission's adoption of Resolution No. 2022-006 was filed on March 17, 2022 ("Appeal"); and WHEREAS, on October 19, 2022, the City Council remanded the matter back to the Planning Commission pending preparation of an Environmental Impact report (EIR) in accordance with the CEQA; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for public and agency review on April 11, 2025, which assessed the potential environmental effects of implementation of the Project, identified means to eliminate or reduce potential adverse impacts, and evaluated a reasonable range of alternatives to the Project; and WHEREAS, a Partially Recirculated Draft Environmental Impact Report (“Partially Recirculated Draft EIR”) was released for public and agency review on August 1, 2025.

Based on the comments received regarding the Draft EIR, the Partially Recirculated Draft EIR recirculated Chapter 4.1, Biological Resources, of the Draft EIR, in order to comply with CEQA Guidelines Section 15088.5; and
WHEREAS, at a duly noticed public hearing on November 3, 2025, the Planning Commission adopted Resolution No. 2025-014 certifying the Final EIR and adopting Findings of Fact and a Statement of Overriding Considerations and the Mitigation, Monitoring, and Reporting Program for the Project (State Clearinghouse No. 2021120126); and
WHEREAS, at that same hearing, the Planning Commission also adopted Resolution No. 2025-015 recommending City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and approving Site Development Permit PSD-811-16, Use Permit UP-076-16, Subdivision Permit SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Protected Tree Removal TP-13-25 (“Development Permits”) subject to the conditions of approval; and making Government Code section 65402 findings; and
WHEREAS, a member of the City Council called-up the decisions made by Planning Commission on November 12, 2025, during the 10-day statutory period, pursuant to Pacifica Municipal Code (PMC) Section 2-1.105; and

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Packet Pg. 1016 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4908-6914-3676 v1
WHEREAS, the City Council after giving all public notices required by Government Code sections 65090 and 65091 conducted a public hearing on December 2, 2025, 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, at that same duly noticed hearing on the Project, the City Council adopted Resolution No. xx-2025 certifying the Final EIR and adopting the CEQA Findings, a Statement of Overriding Considerations (SOC), and Mitigation and Monitoring Program (MMRP) for the Project. The Final EIR, Findings, SOC, and MMRP are herein incorporated into this Resolution by reference (State Clearinghouse No. 2021120126); and
WHEREAS, at that same hearing, the City Council adopted Resolution No. xx2025 approving the General Plan Amendment GP-96-19 to reclassify portions of the Project site to remain undeveloped as Conservation; and WHEREAS, at that same hearing, the City Council adopted Ordinance No. xxxC.S. approving Rezoning RZ-194-16 to rezone portions of the property to be developed as C-2 to allow residential uses and portions to remain undeveloped as Open Space, and Zoning Text Amendment TA-116-19 to allow horizontal mixed use as a conditional use in C-2; and
WHEREAS, the proposed development agreement would incorporate certain public benefits and developer benefits including, but not be limited to, affordable housing contribution in excess of the minimum requirements of the City’s below-market rate (BMR) inclusionary zoning requirements, a driveway lease and annual payments for the use of the Community Center driveway at 540 Crespi Drive, improvements to the Community Center property including construction of off-street parking spaces, a drop-off location at the front of the Community Center building, and wetlands interpretive signage at the rear of the project site; 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 City Council, after the duly noticed public hearing on December 2, 2025, introduced this Ordinance.

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Packet Pg. 1017 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4908-6914-3676 v1
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, adopted Resolution No. xx-2025 certifying the Final EIR and adopting the CEQA Findings, a Statement of Overriding Considerations (SOC), and Mitigation and Monitoring Program (MMRP) for the Project. The Final EIR, Findings, SOC, and MMRP are herein incorporated into this Resolution by reference (State Clearinghouse No. 2021120126). .

Section 3. General 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:
• ES-G-2: Maintain Fiscal Sustainability Foster a fiscally healthy City government and enlarge the City’s revenue base as necessary to sustain and support the community;
• ES-I-7: Mixed Land Uses. Promote development of a broader mix of revenuegenerating land uses, including hotels, to increase the City’s fiscal benefits. • ES-I-11: Development Pays its Fair Share. Continue to require new development to pay its fair share of needed community improvements. • ES-I-18 Public Realm Improvements. Invest in streetscape and public space improvements to attract visitor-oriented development and improve Pacifica’s image and the quality of life for residents.
• ES-I-32: Investment in Infrastructure. Continue to invest in public infrastructure improvements, including landscaping, signage, lighting, undergrounding overhead utility lines, and roadways.
• CD-G-2: Distinct Activity Centers. Create primary activity centers, each distinguished through land use, built form, public realm enhancements, and • CD-I-1 Primary Activity Centers: Create primary activity centers at West Sharp Park, Rockaway Beach, and Linda Mar, and neighborhood centers in Pacific Manor and Park Pacifica (at and around the Park Mall site). • CD-I-4: Support Infill and Redevelopment. Support compatible residential infill on designated vacant lots as shown in Figure 4-3, and redevelopment of underutilized commercial properties, and continue to use the City’s Design Guidelines in evaluation of proposals that don’t meet all development standards in residential districts.

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• HE-G-1. Maintain, Improve, and Develop Housing: Encourage the development and retention of housing in a variety of types for all income levels with priority given to low-income households and projects that foster sustainable urban development.
• HE-P-7 Expand affordable rental and homeownership housing choices in areas of opportunity and higher homeownership among resources and promote communities that are opportunities for disproportionately underrepresented in homeownership to foster intergenerational wealth.

Section 4. Development Agreement Findings. The City Council hereby makes the following findings based on the factors for consideration of a Development Agreement set forth in Pacifica Municipal Code 9-4.5007:
• Other pending applications and approved projects.

There are no relevant pending applications or approved projects that would have bearing on this Project.
• The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community.

The Project consists of an infill mixed-use development with direct access to Crespi Drive and utilities within Crespi Drive. The proposed development will not result in any adverse impacts to public health, safety, or welfare as conditioned. In particular, the building mass will be broken up into three buildings as opposed to a single building as would be required under current zoning standards. A traffic impact analysis prepared for the project concluded that the project would not result in adverse impacts related to traffic or parking.
• Ability of the applicant to address public facility needs and financing obligations.

The proposed public benefits in the development agreement include improvements to the existing Community Center located immediately west of the project site at 540 Crespi Drive such as construction of additional off-street parking facilities and a vehicle drop-off at the front of the Community Center. These public improvements will enhance operations at the existing City facility for the benefit of project occupants and City residents generally. In addition, the new driveway would be shared with the proposed development and community center. The development agreement will also require installation of wetlands interpretive signage at the rear of the project site and enhance project occupant appreciation of the natural resources that exist on the broader project site. The development agreement also requires a $272,000 payment for an affordable housing contribution, which will support the City’s affordable housing development activities.

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• 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. Therefore, consideration of this factor is not applicable.
• 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 include improvements to the existing Community Center located immediately west of the project site at 540 Crespi Drive, such as construction of 14 additional off-street parking spaces and a vehicle drop-off at the front of the Community Center. These improvements will improve land for public purposes or accessibility to the public. • 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 will create 3,165 square feet of commercial floor area and create opportunities for new or expanded businesses within the City. The 19-unit project, including three BMR homeownership units, is among the largest residential projects approved by the City of Pacifica in the last 11 years. According to the City’s Annual Progress Report (APR) on implementation of the Housing Element, during the years 2015 through 2024, the largest projects approved by the City was a 24-unit condominium townhome project at 801 Fassler Avenue and a 70-unit workforce housing project at 930 Oddstad Blvd. The Project will be the third largest project approved by the City since 2015. New housing creates revenue for the City through sales and property taxes, and supports local businesses.

The project will also make a $272,000 contribution to the City’s affordable housing fund, in addition to providing the required three on-site Below Market Rate units, to support future affordable housing development activities by the City.

Therefore, the commercial component of the project will have a positive impact on the City’s economy, and the residential component of the project will have a significant positive impact on meeting the City’s housing needs generally and affordable housing needs specifically, as well as generating additional revenue. • Any other comparable, relevant factor or factors.

The project will result in an appropriate development of the site given its in-fill nature and access to existing City infrastructure. The project is located in a

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relatively walkable portion of Pacifica given the flat topography of the surrounding area, proximity to Cabrillo Elementary school, convenience shopping in the vicinity, a Safeway grocery store at Highway 1 and Linda Mar Boulevard, as well as nearby Coastal Trail and Linda Mar Beach recreational opportunities. The project, on the whole, inclusive of the provisions of the proposed development agreement, will be positive for the City of Pacifica and would not adversely affect public health, safety, or welfare.

Section 5. Planning Commission Recommendation. The City Council acknowledges the recommendation of the Planning Commission to approve the Development Agreement and has considered the Planning Commission's findings and recommendations in adopting the Development Agreement.

Section 6. Approval of Development Agreement. The City Council hereby approves the Development Agreement as set forth in Exhibit A to this Ordinance. The City Manager is authorized to execute and record the Development Agreement in the form attached hereto as Exhibit A, with minor technical revisions that may be approved by the City Manager in consultation with the City Attorney. The City Manager is further authorized to take all actions and execute documents necessary to implement the terms of the Development Agreement.

Section 7. 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 8. Effective Date. This Ordinance shall become effective thirty (30) days following its passage and adoption.

Section 9. 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 San Mateo Daily Journal, a newspaper of general circulation and is adjudicated to publish legal and public notices throughout San Mateo County, including the City of Pacifica, California. * * * * *

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Packet Pg. 1021 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4908-6914-3676 v1
The foregoing ordinance was introduced on December 2, 2025, and passed and adopted at a regular meeting of the City Council of the City of Pacifica held on ____________, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSENT, Councilmembers:
______________________________
Sue Beckmeyer, Mayor
ATTEST:

APPROVED AS TO FORM:
____________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 1022 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4908
-6914-3676 v1
Exhibit A – Draft Development Agreement

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Packet Pg. 1023 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 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-4-21, File No. 2016-004)

BY AND BETWEEN

CITY OF PACIFICA
AND

CRESPI BREAKWATER, LLC
Effective Date:

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TABLE OF CONTENTS
Page
-iARTICLE 1 DEFINITIONS.......................................................................................................... 2

1.1 Definitions.............................................................................................................. 2 ARTICLE 2 EFFECTIVE DATE AND TERM............................................................................ 5

2.1 Effective Date ........................................................................................................ 5

2.2 Initial Term of Agreement ..................................................................................... 5

2.3 City Representations and Warranties..................................................................... 6

2.4 Developer Representations and Warranties........................................................... 6 ARTICLE 3 DEVELOPMENT OF THE PROPERTY................................................................. 7

3.1 Vested Rights......................................................................................................... 7

3.2 Applicable Law...................................................................................................... 7

3.3 Development Timing ............................................................................................. 8

3.4 Regulation by Other Public Agencies.................................................................... 8

3.5 Life of Project Approvals....................................................................................... 9

3.6 Developer’s Right to Rebuild ................................................................................ 9

3.7 State and Federal Law............................................................................................ 9 ARTICLE 4 FEES ......................................................................................................................... 9

4.1 Impact Fees............................................................................................................ 9

4.2 Processing Fees.................................................................................................... 10

4.3 Other Agency Fees............................................................................................... 10

4.4 Connection Fees................................................................................................... 10 ARTICLE 5 PUBLIC BENEFITS............................................................................................... 10

5.1 Affordable Housing Obligations.......................................................................... 10

5.2 Driveway Lease ................................................................................................... 10

5.3 Community Center Improvements....................................................................... 11

5.4 Wetlands Interpretive Signage............................................................................. 11

5.5 City of Pacifica Business License........................................................................ 11

5.6 Sales Tax Point of Sale Designation.................................................................... 11 ARTICLE 6 ANNUAL REVIEW ............................................................................................... 11

6.1 Annual Review..................................................................................................... 11

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TABLE OF CONTENTS
(continued)
Page
-iiARTICLE 7 COOPERATION AND IMPLEMENTATION...................................................... 12

7.1 Subsequent Approvals ......................................................................................... 12

7.2 Processing Applications for Subsequent Approvals............................................ 13 ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS................... 13

8.1 Amendment by Written Consent ......................................................................... 13

8.2 Major Amendments to Agreement....................................................................... 13

8.3 Minor Amendment............................................................................................... 14

8.4 Requirement for Writing...................................................................................... 14

8.5 Subsequent CEQA Review.................................................................................. 14 ARTICLE 9 INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE ....................................................................................... 14

9.1 Insurance Requirements....................................................................................... 14

9.2 Indemnity and Hold Harmless............................................................................. 15

9.3 Defense and Cooperation in the Event of a Litigation Challenge ....................... 15 ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE..................................................... 15

10.1 Assignment .......................................................................................................... 15

10.2 Successive Assignment........................................................................................ 16 ARTICLE 11 MORTGAGEE PROTECTION............................................................................ 16

11.1 Mortgagee Protection........................................................................................... 16

11.2 Mortgagee Not Obligated .................................................................................... 16

11.3 Notice of Default to Mortgagee ........................................................................... 17

11.4 No Supersedure.................................................................................................... 17 ARTICLE 12 DEFAULT; REMEDIES; TERMINATION ........................................................ 17

12.1 Breach and Default .............................................................................................. 17

12.2 Withholding of Permits........................................................................................ 17

12.3 Termination.......................................................................................................... 18

12.4 Specific Performance for Violation of a Condition ............................................. 18

12.5 Legal Actions....................................................................................................... 18

12.6 Rights and Remedies Are Cumulative................................................................. 18

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TABLE OF CONTENTS
(continued)
Page
-iii12.7 No Damages......................................................................................................... 18

12.8 Resolution of Disputes......................................................................................... 19

12.9 Surviving Provisions............................................................................................ 19 ARTICLE 13 GENERAL PROVISIONS ................................................................................... 19

13.1 Covenants Binding on Successors and Assigns and Run with Land................... 19

13.2 Notice................................................................................................................... 19

13.3 Permitted Delays.................................................................................................. 20

13.4 Counterparts......................................................................................................... 20

13.5 Waivers................................................................................................................ 20

13.6 Construction of Agreement.................................................................................. 21

13.7 Headings .............................................................................................................. 21

13.8 Severability .......................................................................................................... 21

13.9 Time is of the Essence ......................................................................................... 21

13.10 Extension of Time Limits.................................................................................... 21

13.11 Signatures............................................................................................................. 21

13.12 Entire Agreement................................................................................................. 21

13.13 Estoppel Certificate.............................................................................................. 21

13.14 Recordation of Termination................................................................................. 22

13.15 City Approvals and Actions................................................................................. 22

13.16 Negation of Partnership ....................................................................................... 22

13.17 No Third Party Beneficiaries............................................................................... 22

13.18 Governing State Law ........................................................................................... 22

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Packet Pg. 1027 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 1 DEVELOPMENT AGREEMENT (DA-4-21)
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 Crespi Breakwater, LLC, a California limited liability company (“Developer”). Developer 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 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.

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. Developer is the owner of that certain real property located at 570 Crespi Drive in the City of Pacifica (“Developer Property”). Developer has concurrently entered into an Agreement for Purchase and Sale (Including Joint Escrow Instructions) (“Purchase Agreement”) to purchase a portion of 540 Crespi Drive from the City of Pacifica to develop the Project as described below (“Acquisition Property”). The Acquisition Property is a portion of a larger City property on which the City’s Community Center is located, the remainder of which will be retained by City for public purposes (“Community Center Parcel”). The Developer Property and the Acquisition Property are described in Exhibit A attached hereto and incorporated herein by this reference and may be collectively referred to as the “Property.” D. Developer, with City’s consent and consistent with the terms of the Purchase Agreement, has submitted applications to the City for a General Plan Amendment (GPA-096- 19), Rezoning (RZ-194-16), Zoning Text Amendment (TA-116-19), Development Agreement (DA-4-21), Site Development Permit (PSD-811-16), Use Permit (UP-076-16), Parking Exception (PE-183-19), Sign Permit (S-129-19), Tentative Subdivision Map (SUB-233-16), and Heritage Tree Removal Authorization to develop 19 residential units, including three and only three below market rate units, (“Residential Project”) and approximately 3,100 square feet of commercial space (“Commercial Space”) on the Property (“Project”). The Residential Project shall consist of both flats and townhome products, as shown in more detail in the Existing Approvals, as defined in Recital G below.

E. City and Developer have reached mutual agreement on the terms of this Agreement and Purchase Agreement and desire to voluntarily enter into this Agreement to

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Packet Pg. 1028 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 2 facilitate development of the Project subject to the conditions and requirements set forth herein.

F. Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code section 21000 et seq.), a Mitigated Negative Declaration (“MND”) has been prepared and adopted for the Project. As required by CEQA, the City has adopted written findings and a Mitigation Monitoring and Reporting Program (“MMRP”) on , pursuant to Resolution No. .

G. Prior to or concurrently with approval of this Agreement, the City will take numerous actions in connection with the development of the Project on the Property. The approvals and development actions described herein are collectively referred to as the “Existing Approvals”: (1) General Plan Amendment; (2) Rezoning; (3) Zoning Text Amendment; (4) Site Development Permit; (5) Use Permit; (6) Parking Exception; (7) Sign Permit; (8) Tentative Subdivision Map; and (9) Heritage Tree Removal Authorization.

H. 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.

I. On the City Council introduced Ordinance No.
(“Enacting Ordinance”) approving this Agreement and authorizing its execution, and adopted that Ordinance on .

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:

ARTICLE 1

DEFINITIONS

1.1 Definitions.
“Affiliated Party” is defined in Section 10.1.
“Agreement” shall mean this Development Agreement between City and Developer, 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.
“CEQA” means the California Environmental Quality Act, California Public Resources

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Packet Pg. 1029 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 3 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 Developer 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.
“Default” is defined in Section 12.1.
“Developer” means Crespi Breakwater, LLC, and its permitted successors and assigns. “Development Agreement Law” is defined in Recital B.
“Development Agreement Regulations” is defined in Recital B. “Development Agreement Statute” is defined in Recital A. “Effective Date” means the date that this Agreement becomes effective as determined under Section 2.1.
“MND” is defined in Recital F.
“Enacting Ordinance” refers to the Ordinance identified in Recital P. “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

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Packet Pg. 1030 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4 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 Developer as of the Effective Date as set forth in Recital G. “Extension Term” is defined in Section 2.2.1.
“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. “Initial Term” is defined in Section 2.2.
“Litigation Challenge” is defined in Section 9.3.
“Major Amendment” is defined in Section 8.2.
“Minor Amendment” is defined in Section 8.2.
“MND” is defined in Recital J.
“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 Developer’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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Packet Pg. 1031 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 5 obtained from entities other than the City.
“Permitted Delay” is defined in Section 13.3.
“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 I.
“Property” is defined in Recital C.
“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” means the Initial Term plus any Extension Term, if such Extension Term is granted under the terms of this Agreement.

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 thirty (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.

2.2 Initial Term of Agreement. Unless earlier terminated, the “Initial Term” of this Agreement shall commence on the Effective Date and shall expire on the earlier of (1) the three year (3) anniversary of the Effective Date, or (2) Developer’s satisfaction of all obligations contained herein.

2.2.1 Extension of Initial Term. At the request of Developer, the Initial Term of this Agreement shall be extended from the date of expiration of the Initial Term until the date which is two (2) years following the expiration of the Initial Term (“Extension Term”), provided that at the end of the Initial Term: (a) Developer is not, at the time, in Default of any of its obligations hereunder following notice and expiration of applicable cure periods, including the requirement to Commence Construction; (b) Developer is diligently making progress on the construction of the Project; (c) the applicable Developer warranties and representations in Section 2.4 below continue to be true and correct; and (d) no event has occurred which with the passage of time or

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Packet Pg. 1032 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 6 giving of notice or both would constitute a Default by Developer hereunder. Following the expiration of the Term, or the earlier completion of development of the Project and satisfaction of all of Developer’s obligations in connection therewith and under this Agreement, this Agreement shall be deemed terminated and of no further force and effect.

2.2.2 Memorandum of Extension. If the Extension Term is granted, City and Developer agree to execute, acknowledge and record in the Official Records of San Mateo County a memorandum evidencing approval of the Extension Term.

2.2.3 Termination of the Agreement. In the event the Purchase Agreement is terminated or Developer fails to purchase the Acquisition Property, this Agreement shall automatically be deemed terminated and of no further force and effect.

2.3 City Representations and Warranties. City represents and warrants to Developer 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 of 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 Developer.

2.4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:

2.4.1 Developer is duly organized and validly existing California limited liability company existing under the laws of the State of California, and is in good standing 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 Developer under this Agreement.

2.4.2 The execution and delivery of this Agreement and the necessary performance of the obligations of Developer 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 Developer and is enforceable in accordance with its terms.

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Packet Pg. 1033 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 7 2.4.4 Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets; or (e) admitted in writing its inability to pay its debts as they come due.

During the Term of this Agreement, Developer 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. Developer 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 and intensity of use of the Property and the maximum height and size of buildings on the Property.

3.2 Applicable Law. City and Developer 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 Developer that this Agreement be construed to provide Developer 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 issuance, provided, that such New City

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Packet Pg. 1034 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 8 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 Developer in its sole discretion.

3.3 Development Timing. Developer shall phase and construct the Project within the timeframes set forth below:

3.3.1 Developer shall obtain a building permit to construct the Commercial Space prior to, or concurrently with, issuance of a building permit for the Residential Project. In no event shall City issue a building permit for any portion of the Project prior to the issuance of a building permit for the Commercial Space.

3.3.2 Developer shall Commence Construction of the Commercial Space prior to, or concurrently with, Commencement of Construction of any other portion of the Project, but no later than two years from the Effective Date, subject to a Permitted Delay.

3.3.3 Developer shall complete construction of and obtain a certificate of occupancy for the entire Project, including the Commercial Space, prior to the date that is twenty-four (24) months from the Commencement of Construction of the Commercial Space subject to extension due to a Permitted Delay; provided, however, such 24-month time period shall be extended by the City for up to 6 months upon the written request of Developer if, in City's reasonable determination, Developer has made substantial progress toward completion of construction of the Project prior to the expiration of such initial 24-month period.

3.3.4 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, Developer’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 Developer deems appropriate in the exercise of its discretion, subject to the terms, requirements and conditions of the Project Approvals and this Agreement.

3.4 Regulation by Other Public Agencies. City and Developer 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

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Packet Pg. 1035 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 9 Agreement does not limit the authority of such other public agencies. City shall reasonably cooperate with Developer in Developer’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 Developer’s Right to Rebuild. City agrees that Developer 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 Developer 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 Developer 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, Developer, in its sole and absolute discretion, may terminate this Agreement by providing written notice thereof to City.

ARTICLE 4
FEES

4.1 Impact Fees. Developer shall pay any and all Impact Fees imposed by City that are in place as of the Effective Date, at the rate in effect of the time of building permit issuance. In addition, City may impose and Developer shall comply with those Exactions required by this Agreement and the Project Approvals.

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Packet Pg. 1036 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 10 4.2 Processing Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and Developer 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 Developer 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 Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased connection Fee, City may charge and Developer shall pay any Connection Fee that is lawfully adopted.

ARTICLE 5

PUBLIC BENEFITS

5.1 Affordable Housing Obligations.

5.1.1 Construction of Below Market Rate Units. Prior to the issuance of a building permit for any portion of the Project, Developer shall enter into an Affordable Housing Agreement, in a form approved by the City, in its discretion, providing among other things for the provision of three units as ownership Below Market Rate Units in accordance with the requirements of the City’s Inclusionary Ordinance, PMC section 9-4.4700 et seq., as to construction and restriction of ownership units, as may be amended (the “Below Market Rate Units”). The Below Market Rate Units shall be provided as follows: (1) one flat restricted to low-income households; (2) one townhome restricted to low-income households; and (3) one townhome restricted to moderate-income households. In addition, one townhome Below Market Rate Unit shall be provided in each building.. Developer may not pay an in-lieu fee to meet the requirements in this Section 5.1.1.

5.1.2 Affordable Housing Contribution. Developer shall make a payment in the amount of $272,000.00, subject to annual adjustment based on the San Francisco Bay Area Consumer Price Index beginning one year after the Effective Date (“Affordable Housing Contribution”) toward the development of affordable housing in the City. The Affordable Housing Contribution shall be paid to City prior to the issuance of the first building permit for the Project.

5.2 Driveway Lease. Prior to issuance of a certificate of occupancy for any portion of the Project, Developer shall enter into a license agreement with the City, in a form approved by the City in its discretion, for the use of the City’s driveway located on the Community Center Property. Among other things, the license agreement shall set forth the financial terms, with Developer’s, or its successor-in-interest, payment to City in the amount of $7,700 per year, increased annually as of the Effective Date of this Agreement pursuant to the Engineering News Record Construction Cost Index for the San Francisco Bay Area.

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Packet Pg. 1037 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 11 5.3 Community Center Improvements. Developer shall make the following improvements to the Community Center: (1) add a total of 14 parking spaces to the Communitty Center parcel in locations to bed determined by the City; (2) construct a drop-off location in front of the Community Center; and (3) improve the landscaping along Crespi Drive; (“Community Center Improvements”). The Community Center Improvements shall be completed in a good and workmanlike manner according to plans and specifications to be approved by City. The Community Center Improvements must be completed to the satisfaction of City prior to the issuance of the first certificate of occupancy.

5.4 Wetlands Interpretive Signage. Prior to the issuance of the first certificate of occupancy, Developer shall install educational/interpretative signage on the portion of the Developer Property on which wetlands are located. The location, content and materials of the signage must be approved by City prior to installation.

5.5 City of Pacifica Business License. Developer, at its expense, shall obtain and maintain a City of Pacifica business license at all times during the Term, and shall include a provision in all general contractor agreements for the Project requiring each such general contractor to obtain and maintain a City of Pacifica business license during performance of the work of construction.

5.6 Sales Tax Point of Sale Designation. Developer shall use good faith, diligent efforts to the extent allowed by law to require 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. Developer 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, Developer 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 Developer 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 Developer with its

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Packet Pg. 1038 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 12 obligations under this Agreement. Each annual review shall also document: (a) the status of the Project development, and (b) any extension of the Initial Term of this Agreement pursuant to Section 2.2.

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, Developer 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 Developer with the terms of this Agreement, Developer shall be notified in writing and the review for that period shall be concluded. If the Planning Director is not satisfied that Developer is performing in accordance with the terms and conditions of this Agreement, the Planning Director shall prepare a written report specifying why the Developer may not be in good faith compliance with this Agreement, refer the matter to the City Council, and notify Developer in writing at least fifteen (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 Developer of the nature of the proceeding. The City Council shall conduct a public hearing at which Developer must submit evidence that it has complied in good faith with the terms and conditions of this Agreement. Developer shall be given an opportunity to be heard at the hearing. The findings of the City Council on whether Developer 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 Developer 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 Developer has not complied in good faith with the terms and conditions of this Agreement, or there are significant questions as to whether Developer has complied with the terms and conditions of this Agreement, the City Council, at its option, may continue the hearing and may notify Developer of the City’s intent to meet and confer with Developer within thirty (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 Developer’s good faith compliance with the terms and conditions of this Agreement.

In the event City determines Developer is not in good faith compliance with the terms and conditions of this Agreement, City may give the Developer 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 Developer 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,

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Packet Pg. 1039 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 13 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.

7.2 Processing Applications for Subsequent Approvals.

7.2.1 Timely Submittals by Developer. Developer acknowledges that City cannot begin processing applications for Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use diligent good faith efforts to (a) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (b) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals.

7.2.2 Timely Processing by City. Upon submission by Developer of all appropriate applications and Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently, subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer’s currently pending Subsequent Approval applications including: (a) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance, additional staff and/or staff consultants for concurrent, expedited planning and processing of each pending Subsequent Approval application (Developer shall pay such costs at cost plus 10% for administrative costs incurred); (b) if legally required, providing notice and holding public hearings; and (c) acting on any such pending Subsequent Approval application.

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 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) monetary contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning

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Packet Pg. 1040 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 14 Commission and City Council. 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. The City Manager or his or her designee shall have the authority to determine if an amendment is a Major Amendment or a Minor Amendment.

8.3 Minor Amendment. The City Manager or his or her designee 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 Developer’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. Developer shall procure and maintain, or cause its contractor(s) to procure and maintain, until the earlier of (a) the expiration of this Agreement; or (b) the completion of the Project, 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. Developer’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. Developer 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 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 Developer. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, selfinsurance 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.

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Packet Pg. 1041 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 15 9.2 Indemnity and Hold Harmless. Developer 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 Developer, and/or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer’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 Developer 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 Developer desires to contest or defend such Litigation Challenge, (a) Developer 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 Developer; (c) Developer 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) Developer 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 Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so.

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, particularly with respect to the provision of on- and off-site public improvements and public services and benefits, certain restrictions on the right of Developer 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. Developer 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. Developer 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

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Packet Pg. 1042 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 16 venture, firm, company, corporation or other entity (any of the foregoing, an “Assignee”) subject to the written consent of City, which consent shall not be unreasonably withheld, provided that Developer may assign its rights under this Agreement without the consent of City to any corporation, limited liability company, partnership or other entity which is controlling of, controlled by, or under common control with Developer, and “control,” for purposes of this definition, means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other owners of such entity (“Affiliated Party”).

Developer shall provide the City with written notice of any proposed transfer or assignment of Developer’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 Developer’s obligations hereunder. Developer 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 Developer only with respect to the parcel or parcels, or portion of the Property so purchased, transferred, ground leased or assigned, and Developer shall continue to be obligated under this Agreement with respect to any remaining portions of the Property retained by Developer 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 sale and/or rental of the residential units or the Commercial Space.

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 Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a portion of Developer’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. Developer 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 Developer’s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.

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

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Packet Pg. 1043 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 17 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 Developer 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 Developer, any Notice of Default given to Developer. Each Mortgagee shall have the right during the same period available to Developer 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 Developer.

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 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 Developer, or following notice of breach to Developer pursuant to Section 12.1 above and during the cure period provided therein, upon a finding by the Planning Director that Developer is in breach, City shall have the right to refuse to issue any permit or other Subsequent Approvals to which Developer would otherwise

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Packet Pg. 1044 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 18 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 Developer in the future, and if Developer then fails to satisfy such condition, City shall be entitled to specific performance for the purpose of causing Developer 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 Developer 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 Developer, service of process on Developer shall be made by personal service upon John R. Hansen, Developer’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 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

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Packet Pg. 1045 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 19 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 Developer, 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 Developer 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 Developer set forth in 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.

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 Developer as follows:

If to the City: City Clerk
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Telephone: 650-738-7300

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Packet Pg. 1046 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 20 with a copy to: City Attorney
City of Pacifica
1901 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: 510-273-8780
If to Developer: Crespi Breakwater, LLC
Attn: Eamon Murphy and Brendan Murphy
Telephone:
with a copy to: Michael K. Brown
200 Pringle Ave, Suite 400
Walnut Creek, Ca 94596
Telephone: 925-943-5000
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 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

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Packet Pg. 1047 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 21 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 on behalf of the respective legal entities of Developer and the City. Each Developer Party shall be jointly and severally liable for the obligations of the other Developer 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. Developer 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

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Packet Pg. 1048 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 22 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) Developer 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. Developer 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 Developer 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 Developer’s request therefor. Developer 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 Developer, 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 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 Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF PACIFICA, a municipal corporation

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Packet Pg. 1049 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 23 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
DEVELOPER:

Crespi Breakwater, LLC,
a California limited liability company
By: ________________________________
Name: ______________________________
Its: _________________________________ [Signature must be notarized] By: ________________________________
Name: ______________________________
Its: _________________________________
[Signature must be notarized]

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Packet Pg. 1050 Attachment: ATT D_Draft Crespi Development Agreement Ordinance+Exhibit (6098 : Crespi Drive Mixed Use Project Considerations) 4924-6914-0604 v1 1

ATTACHMENT E
RESOLUTION NO. xx-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE PLANNING COMMISSION’S DECISION AND APPROVING SITE
DEVELOPMENT PERMIT PSD-811-16, USE PERMIT UP-76-16, PARKING EXCEPTION PE-183-19, SIGN PERMIT S-129-19, VESTING TENTATIVE SUBDIVISION MAP SUB-233-16, AND TREE REMOVAL PERMIT TP-13-25 TO

ALLOW CONSTRUCTION OF A MIXED-USE COMMERCIAL AND RESIDENTIAL PROJECT CONSISITING OF 3,165 SQUARE FEET OF COMMERCIAL AREA AND 19 RESIDENTIAL CONDOMINIUMS AT 570 CRESPI DRIVE (APN 022-162-310) AND THE WEST 55 FEET OF 540 CRESPI DRIVE (APN 022-162-420.
________________________________________________________________ Initiated by: Brendan Murphy (“Applicant”)
WHEREAS, an application has been submitted for construction of a 43,696-square foot (sf) mixed-use development including one two-story mixed-use building with three residential units and 3,165 sf of commercial space, two three-story residential buildings behind the street-facing mixed-use building consisting of 16 townhouse residential units; construction of a freestanding sign; merger of two parcels located at 540 and 570 Crespi Drive (APNs 022-162-420 and 022-162-310); removal of five protected trees; a condominium subdivision; construction of off-site parking, circulation and landscaping improvements at 540 Crespi Drive; construction of a wetlands interpretive sign; a development agreement with certain public and developer benefits; a general plan amendment to designate portions of the site as C (Conservation); a zoning text amendment to revise the list of conditional uses in the C-2 (Community Commercial) zoning district; and a rezoning to change the zoning classification to the C-2 zoning district the areas to be designated as Conservation to OS (Open Space) (“Project”); and WHEREAS, the Project requires approval of a Site Development Permit because it would involve new construction in a commercial zoning district pursuant to PMC section 9-4.3201(a) and because it would include construction of a clustered housing development pursuant to PMC section 9-4.2403(a); and
WHEREAS, the Project requires approval of a Use Permit because it would include a mixed use development with residential uses on the ground floor pursuant to the proposed zoning text amendment to PMC section 9-4.1101(b), because the use would abut an R district pursuant to PMC section 9-4.1102(i), and because it would include a residential clustered housing development pursuant to PMC section 9-4.2403(a); and WHEREAS, the Project requires approval of a Parking Exception because the Applicant requests an exception to off-street parking requirements pursuant to PMC section 9-4.2824(a); and

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Packet Pg. 1051 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project 4924-6914-0604 v1 2
WHEREAS, the Project requires approval of a Sign Permit because it would construct a freestanding sign and Master Sign Program (MSP) pursuant to PMC section 9-4.2906(b); and
WHEREAS, the Project requires approval of a Vesting Tentative Subdivision Map because it would subdivide airspace into five or more parcels (i.e., condominiums) pursuant to PMC section 10-1.302; and
WHEREAS, the Project requires approval of a Tree Removal Permit because it would remove protected trees pursuant to section 4-12.04(a); and WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on March 7, 2022, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference, and adopted Resolution No. 2022-006 by a vote of 6-0 with one abstention to adopt an Initial Study/Mitigated Negative Declaration, approve Site Development Permit PSD-811- 16, Use Permit UP-76-16, Tentative Subdivision Map SUB-233-16, Sign Permit S-129- 19, Parking Exception PE-183-19, and Heritage Tree Authorization to approve the Project, and to initiate and recommend City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and
WHEREAS, a timely appeal of the Planning Commission's adoption of Resolution No. 2022-006 was filed on March 17, 2022 ("Appeal"); and WHEREAS, on October 19, 2022, the City Council remanded the matter back to the Planning Commission pending preparation of an Environmental Impact report (EIR) in accordance with the CEQA; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was released for public and agency review on April 11, 2025. The Draft EIR assesses the potential environmental effects of implementation of the Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives to the Project; and
WHEREAS, a Partially Recirculated Draft Environmental Impact Report (“Partially Recirculated Draft EIR”) was released for public and agency review on August 1, 2025.

Based on the comments received regarding the Draft EIR, the Partially Recirculated Draft EIR recirculated Chapter 4.1, Biological Resources, of the Draft EIR, in order to comply with CEQA Guidelines Section 15088.5; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 3, 2025, and adopted Resolution No. 2025-014 certifying the Final EIR and adopting Findings of Fact and a Statement of Overriding Considerations and the Mitigation, Monitoring, and Reporting Program for the Project (State Clearinghouse No. 2021120126); and

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WHEREAS, the Planning Commission also adopted Resolution No. 2025-015 recommending City Council approval of General Plan Amendment GP-96-19, Rezoning RZ-194-16, Zoning Text Amendment TA-116-19, and Development Agreement DA-4-21; and approving Site Development Permit PSD-811-16, Use Permit UP-076-16, Subdivision Permit SUB-233-16, Sign Permit S-129-19, Parking Exception PE-183-19, and Protected Tree Removal TP-13-25 (“Development Permits”) subject to the conditions of approval; and making Government Code section 65402 findings; and WHEREAS, a member of the City Council called-up the decisions made by Planning Commission on November 12, 2025, during the 10-day statutory period, pursuant to Pacifica Municipal Code (PMC) Section 2-1.105; and WHEREAS, the City Council held a duly noticed hearing on the Project at a special meeting of the City Council on December 2, 2025 and adopted Resolution No. xx-2025 certifying the Final EIR and adopting the CEQA Findings, a Statement of Overriding Considerations (SOC), and Mitigation and Monitoring Program (MMRP) for the Project.

The Final EIR, Findings, SOC, and MMRP are herein incorporated into this Resolution by reference; and
WHEREAS, at that same hearing, the City Council adopted Resolution No. xx2025 approving the General Plan Amendment GP-96-19 to reclassify portions of the Project site to remain undeveloped as Conservation; and WHEREAS, at that same hearing, the City Council adopted Ordinance No. xxxC.S. approving Rezoning RZ-194-16 to rezone portions of the property to be developed as C-2 to allow residential uses and portions to remain undeveloped as Open Space, and Zoning Text Amendment TA-116-19 to allow horizontal mixed use as a conditional use in C-2; and
WHEREAS, at that same hearing, the City Council adopted Ordinance No. xxxC.S. approving Development Agreement DA-4-21 to approve and authorize execution of a Development Agreement between Crespi Breakwater, LLC and City of Pacifica to provide certain public and private benefits in conjunction with the Project.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica 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, oral and written staff reports, and other related materials.

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BE IT FURTHER RESOLVED that the City Council finds that for Site Development Permit PSD-811-16, none of the findings that would preclude issuance of a site development permit under PMC Section 9-4.3204 can be made, as set forth below:
i. That the location, size, and intensity of the proposed operation will create a hazardous or inconvenient vehicular or pedestrian traffic pattern, taking into account the proposed use as compared with the general character and intensity of the neighborhood.

The Project is located on Crespi Drive, which contains public facilities, commercial, multi-family residential, single-family residential, and mixed-use land uses in the vicinity of the project. As such, the location, size, intensity, and general character of the proposed mixed-use building will be compatible with the development in the vicinity. Similarly, the location, size, intensity, and general character of the two residential buildings are consistent with the existing multi-family residential buildings located on the north side of Crespi Drive in the vicinity. The number of residential units proposed on the site meets the density standard specified for the site. A traffic impact analysis prepared for the project concluded that the project would not result in adverse impacts related to traffic or parking. Therefore, the Project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern.
ii. That the accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will create a hazardous or inconvenient condition to adjacent or surrounding uses.

The parking for the project will be located in covered and uncovered parking areas located away from the traffic along Crespi Drive. All off-street parking spaces will be accessed from driveways interior to the project site. Therefore, the project will not create a hazardous or inconvenient condition to adjacent or surrounding uses with respect to traffic on the street.
iii. That insufficient landscaped areas have been reserved for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, and separating or screening parking lots from the street and adjoining building areas from paved areas to provide access from buildings to open areas.

A total of 11 percent of the site area will be planted with landscaping, in excess of the 10 percent requirement in PMC section 9-4.1102(d), which does not include the large area of the lot that is to remain undeveloped. Only one off-street parking area, located to the east of Building A, will be directly visible from the public rightof-way. A planter area will be located immediately north of this parking area to provide screening from the street. Other service areas, such as the trash enclosure for the project located at the north end of Building B, will not be directly visible from the public right-of-way and will be substantially screened from public view by solid

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gates integrated into the enclosure’s design and by placement of Building A. The project does not feature large expanses of paving as the paved driveways and offstreet parking areas are broken into three segments that limits the aggregate size of paving visible from any single vantage point.

Based on the foregoing, the project will not reserve insufficient landscaped areas for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, and separating or screening parking lots from the street and adjoining building areas from paved areas to provide access from buildings to open areas iv. That the proposed development, as set forth on the plans, will unreasonably restrict or cut out light and air on the property and on other property in the neighborhood, or will hinder or discourage the appropriate development and use of land and buildings in the neighborhood, or impair the value thereof.

The maximum height of the proposed buildings will not exceed the maximum height allowance of 35 feet. The mixed-use building along Crespi Drive is only two stories, with the two, three-story building located behind. Development regulations for the C-2 (Community Commercial) zoning district do not require setbacks; however, the project does provide 10-foot front and side setbacks (excluding balcony areas), and a 235-foot rear setback. Additionally, the minimum distance between buildings internal to the site is 25 feet, which will prevent crowding. The project also consists of three buildings as opposed to a single, larger building because of the proposed zoning text amendment, which serves to provide more open area on the site which in turn increases open access to light and air on the project site and other property in the neighborhood. As it relates to the adjacent properties closest to the project site – the property to the east at 580 Crespi Drive does not have any windows on the side of the building facing the project site and will not be impacted by reduced access to light or area; and the property to the west at 540 Crespi Drive is located more than 60 feet away which will prevent the project from impacting access to light or air based on the 35-foot maximum height of the project. Therefore, the proposed development will not unreasonably restrict or cut out light and air on the property and on other properties in the neighborhood. v. That the improvement of any commercial or industrial structure, as shown on the elevations as submitted, is substantially detrimental to the character or value of an adjacent R District area.

The closest R-zoned district to the commercial building of the proposed project is the Ocean View Senior Apartments at 555 Crespi Drive. The property at 555 Crespi Drive is located approximately 120 feet northwest of the project site in the R-3 (Multiple-Family Residential) zoning district. The design of the commercial and residential mixed-use building is high-quality, and uses an aesthetically appealing combination of materials, colors, and architectural design features.

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Therefore, the proposed development will not be detrimental to the character of the R District area in the vicinity of the site
vi. That proposed development will excessively damage or destroy natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site, except as provided in the subdivision regulations as set forth in Chapter 1 of Title 10 of the Municipal Code.

There are 13 Protected trees identified in the project plans. The project proposes to remove five of the protected trees, including pine and Monterey cypress trees, to facilitate construction of the proposed project. There are eight protected trees that will be maintained within the project area. An arborist report was prepared evaluating the condition of the protected trees.

The landscape plan also includes the maintenance of an existing Arroyo Willow grove, a California native tree-like shrub endemic to Pacifica, and will plant 11 additional Arroyo Willows along the western and southern perimeter of the developed area. The landscape plan also includes planting shrubs, vines, and perennials and 15 trees throughout the site.

Given the landscaping plan adds substantive vegetation including 15 new trees and 11 Arroyo Willows, and given that the project has proposed to remove only those trees essential to development of the project while preserving more than half the site in an undeveloped condition, the proposed removal of the trees on the site is not excessive for purposes of this finding. The PMC contemplates removal of protected trees based on the economic viability of the site with the trees removed and the number of healthy trees the parcel can support. As a general matter, only as many trees are being removed as necessary to construct the project, which results in tree removal which is not excessive.

The project will include the import of approximately 3,000 cubic yards of fill.

However, given the existing flat topography of the site, and the purpose of the fill being primarily to carry the existing grade at the front (north) of the site to the rear of the developed area (south), the project will not damage or destroy natural grade of the site for purposes of this finding.

Based on the foregoing, the project will not excessively damage or destroy natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site, except as provided in the subdivision regulations as set forth in Chapter 1 of Title 10 of the Municipal Code.
vii. That there is insufficient variety in the design of the structure and grounds to avoid monotony in the external appearance.

The proposed project incorporates several elements in the design of the structure to avoid monotony in external appearance across its three buildings. These

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elements include varied roof lines and building profile due to the variation in height and levels between the street-facing mixed-use building and the internal residential buildings. The project also utilizes different exterior materials including stucco, metal, aluminum, and cedar-colored fiber cement board, opaque glass to define balconies, and incorporates a mixture of complementary colors such as bronze, green, cedar, grey, and black which work well to enhance the design of the buildings. The project includes plantings consisting of shrubs, perennials, and vines to lend interest to the site. Therefore, the project will not include an insufficient variety in the design of the structure and grounds to avoid monotony in the external appearance.
viii. That the proposed development is inconsistent with the City's adopted Design Guidelines.

As conditioned, the proposed improvements are consistent with the City’s adopted Design Guidelines.
a. Site Planning – Design Guidelines
Site Improvements. Locate site improvements such as buildings, parking areas, and walkways to take advantage of desirable site features. For example, existing healthy trees and distinctive berms or rock outcroppings should be incorporated into site design.

Buildings should be oriented to capitalize on views of hills and ocean.

Site improvements should be designed to work with site features, not against them. Lot grading should be minimized, and disruption of natural features such as trees, ground forms, rocks, and water courses should be avoided.

The site is a 135-foot wide parcel oriented in a north to south direction adjacent to Crespi Drive one block east of the Highway 1.

The City’s General Plan envisions the area opposite Roberts Road on Crespi Drive to be developed for commercial use and
strengthening commercial uses in the area.

The proposed mixed-use development furthers that objective by adding commercial space and additional foot-traffic by way of adding 19 residential dwelling units. The proposed development is laid out to complement the rectangular shape and orientation of the site but seeks to draw focus to the street-facing mixed-use building with most residential units constructed behind the mixed-use building. Additionally, vacant open space land will be retained to the rear of the site.

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No distinctive natural features are present on-site except for clusters of Arroyo Willow shrubs, Monterey cypress trees and a Monterey pine tree. The Arroyo Willow shrubs located along the western perimeter and Monterrey cypress and pine trees located to the rear of the site will be maintained and additional Arroyo Willow plantings will reinforce the site’s natural character.

Lighting. Exterior lighting should be subdued, and should enhance building design as well as provide for safety and security. Lighting which creates glare for occupants or neighbors should not be used.

In general, large areas should be illuminated with a few low shielded fixtures. Tall fixtures which illuminate large areas should be avoided.

The proposed development will include exterior lighting for pedestrian areas and five lights on 18-foot poles for vehicles. The lighting fixtures proposed downlights, as shown on Sheet A-1.18 of the Project Plans (Attachment D of staff report). As such, the proposed lighting will not create glare for occupants and neighbors.

The Planning Director will review any revisions to the lighting plans, in the event the applicant proposes additional exterior lighting during the building permit stage.

Parking. The visual impact of parking areas should be minimized when appropriate to the site by locating parking areas to the rear or side of the property, rather than along street frontages. Ample landscaping should be used to help screen parking areas from both exterior and interior views.

The project will provide on-site parking for the townhouse units in grade level garages and additional uncovered parking for townhouses, commercial use, visitors and one-bedroom flats. The parking areas are located primarily on the interior of the project site and the majority of parking areas will not be visible from the street.

Additionally, the area will be landscaped to provide visual breaks between asphalt and building structures, and to screen parking areas.
b. Building Design – Design Guidelines
Design. The style and design of new buildings should be in character with that of the surrounding neighborhood. This does not mean that new buildings should be identical to existing buildings on neighboring lots, but that new buildings should complement, enhance, and reinforce the positive characteristics of surrounding development. This can be accomplished by incorporating the

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dominant architectural features of an area into the design of new development. Such features may include bay windows, chimneys, balconies, porches, roof shapes, and other architectural details and materials.

The Crespi Drive area was developed over different periods and includes various architectural styles. Buildings along this street range from one- to three-stories and include Victorian revival, traditional, and contemporary architecture. There are community facilities, commercial structures, and residential structures.

The proposed buildings will be located at the southwest section of the Crespi Drive-Roberts Road intersection. They will be flanked by a one-story stucco commercial structure to the east and the Pacifica Community Center, with concrete as the primary exterior material, to the west. Immediately across Crespi Drive, there are three-story multi-family residential and single-story commercial wood-paneled structures. To the rear of the project site are a mix of one- and two-story single-family residences. Most structures in the immediate area employ flat roofs, with one pitched-roof structure at the corner of Crespi Drive and Roberts Road.

The proposed building is contemporary in its style and consists of one two-story pitched roof building abutting Crespi Drive. Similar to other commercial structures on Crespi Drive, the commercial ground floor will have large windows and glass doors. The internal residential buildings have roof top decks with half pitched roofs above the third story. The buildings feature a mixture of stucco, metal, aluminum, and cedar-colored fiber cement board siding exteriors. Overall, the proposed building will complement, enhance, and reinforce the positive characteristics of surrounding buildings.

Scale. An important aspect of design compatibility is scale. Scale is the measure of the relationship of the relative overall size of one structure with one or more other structures. Scale is also used to refer to a group of buildings, a neighborhood, or an entire city. A development can be “out of scale” with its surroundings due to its relative height, bulk, mass, or density.

A structure which is out of scale with its site and neighborhood threatens the integrity of the overall streetscape, and residential projects, particularly single-family dwellings, which are much larger than neighboring structures are therefore discouraged. The City’s height limitation is a maximum only, and the maximum height may often be inappropriate when considered in the context of surrounding development and topography. The “carrying capacity”

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of a given site is also an important factor in determining appropriate scale and lot coverage. As with the height limitation, the City’s lot coverage limitation is a maximum.

The proposed development is in a neighborhood that includes oneto three-story structures. The developments immediately adjacent to the north are one- or two-stories. The developments to the east and west are single story, while to the south of the site are one- or two-stories. The proposed building is two stories along Crespi Drive and to the interior of the site the buildings increase to three stories.

The proposed interior residential buildings include a third-story deck on the west side that scales down the building on this side and is adjacent to the proposed two-story structure facing Crespi Drive.

This feature of the building’s design helps reduces the scale of the overall development for compatibility with the scale of the surrounding buildings.

Details. Use architectural features and details to help create a sense of human scale. Wall insets, balconies, window projections, etc., are examples of building elements which may help reduce the scale of larger buildings.

The proposed building includes several architectural features and details that further help create a sense of human scale. These features and details include a distinct base, balconies, and various sized windows to break up the massing, and different colors, materials, and textures providing articulation.

Materials. Compatibility of materials is an essential ingredient in design quality. In areas with either historic or architecturally significant structures, the use of similar exterior construction materials should be used in new construction in order to maintain neighborhood character. Consistency and congruity of materials and design elements on individual structures is also important.

The proposed material palette draws upon the surrounding neighborhood. The street-facing façade is characterized by large glass windows and doors articulated with metal glazing, corrugated metal sidings, and aluminum columns on the first floor, and balconies accentuated with metal siding and opaque glass contrasted with stucco and wood wall siding and a standing seam metal roof. The interior residential buildings include slate greycolored and cedar-colored fiber cement boards, and stucco for siding with standing seam metal roofs. The materials bring variety to the appearance of the building, and do not appear incongruous with surrounding buildings. Individual buildings along Crespi Drive

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utilize concrete, stucco, and cedar-colored fiber cement board sidings. The proposed Project takes these materials and incorporates them in a cohesive way.

Color. Building color should be compatible with the neighborhood and should reinforce and complement the visual character of the building’s environment. Multiple colors applied to a single building should relate to changes of material or form.

As shown on Sheets A-3.5, A-3.6, A-4.3, and A-4.4 of the Project Plans, the proposed color palette consists predominately of three neutral colors: grey, brown, and white consistent with the color schemes of buildings immediately nearby. Darker greys are used as an accent and provide contrast and are used through the standing seam metal roof, corrugated metal siding, columns, metal balconies, and window glazing.

Privacy. Consideration should be given to the impact of development on the privacy of surrounding properties. Use judicious windows placement and appropriate landscaping to help minimize the potential for loss of privacy.

The building to the east does not contain any windows that face the project site. To the west, the Pacifica Community Center has limited windows that will face the residential buildings. There is a 235 foot rear setback from adjacent property lines providing sufficient distance and privacy to the single-family residences along Anza Drive. The project site is also across Crespi Drive and is downhill from residential buildings to the north which contributes to maintaining the privacy of these buildings. The nearest distance between the proposed project and a residential building on the north side of Crespi Drive is approximately the property at 555 Crespi Drive, located approximately 120 feet northwest of the project site in the R-3 (Multiple-Family Residential) zoning district.

As a result, privacy of the surrounding properties will not be impacted because of the proposed building.

Consistency. There should be architectural consistency among all building elevations. All elevations need not be identical, but a sense of overall design continuity must occur. Window treatment and trim, for example, should be carried out around the entire building, not just on the most visible sides.

The proposed buildings are architecturally consistent on all four elevations. The number of openings and size of windows on the different façades of the buildings vary but are consistent across the

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buildings. Additionally, the applicant has carried the same materials, trim, architectural detailing, and similar shapes of window openings on all sides of the proposed buildings.
c. Landscaping – Design Guidelines
Purpose. Landscaping should not be used to screen or hide an otherwise unacceptable building. Building architecture should stand on its own, with landscaping incorporated as an integral element of overall project design.

The building architecture is visually pleasing and can stand on its own. The landscaping and plant selection complements the architecture and neutral building color palette. Building A adjacent to Crespi Drive includes living walls on the south, east, and west façades. The proposed development includes native bioswale grass along much of the perimeter of the site. To the west of the site, between the proposed development and the Pacifica Community Center, there is a mixture of shrubs, perennials, and native grasses. Shrubs and perennials are used in planters to help provide visual breaks to the asphalt and pedestrian walkways. The project will add 15 trees situated throughout the site to complement pedestrian and vehicle circulation.

Amount and variety. Applicants are encouraged to exceed the minimum amount of landscaping required by the zoning ordinance and landscaping plans should incorporate a variety of plant species. The amount, scale, and nature of landscape materials should be appropriate to the site and/or structure. Large-scale buildings should be complemented by large-scale landscaping.

Development along major streets should also include large scale trees.

The project proposes approximately 7,953 sf of area in
landscaping, which constitutes 11 percent of the site area and exceeds the minimum required 10 percent of project site in landscaping. The proposed planting palette includes 19 different perennial, shrub, grass, groundcover, tree and vine and vine species many of which are native to the area or California. For example, Arroyo Willow is a dominant plant species existing on-site which is native to California. The proposed Project draws upon this natural condition and plants 11 additional Arroyo Willows throughout the site. The proposed Project will also add a Crape Myrtle tree onsite adjacent to Crespi Drive. Crape Myrtle trees typically grow to 15-25 feet in height

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ix. That the proposed development is inconsistent with the General Plan, Local Coastal Plan, or other applicable laws of the City.

The proposed mixed-use (commercial/residential) development, as conditioned, will be consistent with the General Plan and other applicable laws of the City.

General Plan consistency includes, but is not limited to, the following policies:
1980 General Plan
Circulation Element
• Policy No. 4: Provide safe and consistent access for the development.

Access to the site will be provided through two driveways along Crespi Drive. The first driveway, nearest to Highway 1, will take advantage of an existing driveway, will not create an additional curb cut, will be shared with the Pacifica Community Center and is 30’-0” wide. This driveway will serve as an exit driveway for the project and benefit from the existing line-of-sight.

The second driveway, nearest Roberts Road, is 20’-0” wide but will be only an entry way for the project. Since this second driveway is near the Crespi Drive-Roberts Road intersection, this will limit conflicts at the intersection from vehicles leaving the project site. The City’s Engineering Division staff has reviewed the development proposal to ensure the new development will be constructed in a safe manner. Land use and development shall protect and enhance the individual character of each neighborhood (Land Use Element #8);
• Policy No. 15: Promote orderly growth in land uses and circulation.

The project promotes orderly growth by complying with the City’s policies as set forth herein, and provides 19 residential units, incluidng three BMRs, in an area designated for a mix of residential and commercial uses. The 3,165 square feet of commercial use is also appropriate for the site. The size of the project, combined with its infill between existing developed properties in an established neighborhood, will promote orderly growth in land uses and circulation.

Conservation Element
• Policy No. 1: Conserve trees and encourage native forestation.

The landscaping plan for the project will maintain eight of the thirteen existing trees and a significant Arroyo Willow grove, a California native tree-like shrub endemic to Pacifica. The proposed Project draws upon this natural condition and plants 11 additional Arroyo Willows throughout the site. The proposed Project will also add a Crape Myrtle tree onsite adjacent to Crespi Drive. Crape Myrtle trees typically grow to 15-25 feet in height. The tree preservation and planting of the project will conserve trees and encourage native forestation.

Community Design Element

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• Policy No. 1: Encourage the upgrading and maintenance of existing neighborhoods.

The project will improve the Crespi Drive area through the proposed commercial space which will be of interest to visitors and community members. The project will also construct 16 townhouses and 3 onebedroom flats, creating additional housing opportunities and foot traffic for nearby commercial uses. The off-site improvements proposed at the Pacifica Community Center including the new off-street parking, new dropoff area, and new landscaping, will also contribute to the other project elements and upgrade and maintain the existing neighborhood.

Community Facilities Element
• Policy No. 2: Maintain and improve the present level of City services.

Through a development agreement with the City of Pacifica, the project will enhance accessibility to the Pacifica Community Center by constructing a new passenger drop-off point by the Center’s front door and add 14 new off-street parking spaces. Additionally, the proposed project will add new landscaping for the Community Center improving the exterior appearance.

Housing Element
• Policy No. 4.D.i: Prioritize in-fill residential development. • Policy No. 8.A: Prioritize mixed-use residential development on in-fill sites.

The proposed project will be an infill development to add 19 total units to an undeveloped lot situated among other developed properties along Crespi Drive. The proposed project will include 16 townhouses and three one-bedroom flats.

Land Use Element
• Policy No. 8: Land use and development shall protect and enhance the individual character of each neighborhood.

The proposed mixed-use (commercial/residential) development is consistent with the commercial and residential uses in this section of Crespi Drive. The nearby land-uses consist of a mixture of residential, commercial and public facility developments including a mixed-use development across the street from the project site and a 100-unit senior housing apartment complex between two commercial developments. 2040 General Plan
Economic Sustainability Element (ES)
• ES-G-2: Maintain Fiscal Sustainability.

The proposed project will support long-term fiscal sustainability by creating 3,165 square feet of new commercial space and 19 residential condominium units that will generate ongoing property, and sales tax

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revenues. The project will be located on a site where public services already exist, avoiding the need for new infrastructure. The Development Agreement will also secure financial contributions to the City’s affordable housing fund and includes public improvements that benefit the Pacifica Community Center.
• ES-G-3: Promote a Positive Image.

Through architecture, landscaping, and pedestrian-oriented design, the project will enhance the appearance of Crespi Drive near the Community Center. The mixed-use building’s contemporary coastal design, varied rooflines, and material palette of stucco, fiber-cement board, and aluminum detailing will establish an attractive street commercial frontage that contributes to a positive image of Pacifica, and will promote additional housing commercial and job opportunities.
• ES-G-5: Attract New Businesses and Jobs.

The project’s street-facing, ground-floor commercial component will create new opportunities for small business tenants serving both nearby residents and visitors to nearby shopping centers and recreational opportunities. The new commercial use, along with the increased foot traffic from 19 new housing units, will help strengthen the local economy and expand employment opportunities for Pacifica residents. • ES-G-6: Ensure Environmental Protection.

The project will protect nearly half of the site in its natural state for conservation and retain the Arroyo Willow grove along the southern edge.

Through incorporation and implementation of the Project’s MMRP, the project will further ensure environmental protection.
• ES-I-7: Mixed Land Uses.

The project will support the City’s goal of promoting mixed-use development by combining residential and commercial uses within a compact footprint. Building A integrates three residential units above 3,165 square feet of commercial space, and Buildings B and C provide attached townhomes to the rear of the site, resulting in a more diverse, horizontal mixed use land pattern.
• ES-I-11: Development Pays its Fair Share.

The Development Agreement for this project will require the applicant to construct public improvements at the Pacifica Community Center, including new parking spaces, a drop-off area, and landscaping and to make an affordable housing contribution to the City. These provisions ensure the project pays its fair share toward community needs and infrastructure.
• ES-I-18 Public Realm Improvements.

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Lower Crespi drive is a public realm priority area. Public-facing improvements will include widened sidewalks, new landscaping along Crespi Drive, and enhancements to the Community Center frontage.

These improvements will strengthen the character of the public realm and encourage pedestrian activity along Crespi Drive. The project will propose street facing commercial land uses oriented to residents and visitors of Pacifica.
• ES-I-32: Investment in Infrastructure.

Public-facing improvements will include widened sidewalks, new landscaping along Crespi Drive, and enhancements to the Community Center property frontage.
• ES-I-35: Preserve the Experience of the Natural Environment.

By clustering the buildings on the northern portion of the site and maintaining the southern half in its natural condition, the project will preserve the existing on site natural environment, further the project will not disrupt view of surrounding hillsides and will maintain the visual and environmental experience of the surrounding natural areas. • ES-I-36: Appropriate Site Design.

The site layout and landscape plan minimize grading and impervious surfaces. New bioretention planters, permeable paving, and native landscaping reduce runoff and protect the adjacent natural area, consistent with low-impact development practices.

Community Design Element (CS)
• CD-G-2: Distinct Activity Centers.

Located along Crespi Drive within the Linda Mar area, the project will contribute to the creation of a distinct activity center by introducing a more walkable, mixed-use development adjacent to existing community and recreational uses, including the Pacifica Community Center and Skate Park. • CD-G-4: Enhanced Mixed Use Areas.

The design of the street-facing mixed-use building will provide a strong pedestrian interface through large storefront windows, street trees, and direct access from Crespi Drive. The project’s architecture and site plan will be consistent with the City’s goal for enhanced mixed-use areas. • CD-I-1: Primary Activity Centers.

Crespi Drive is identified as a key corridor for a community center in the Linda Mar area. The project will reinforce this role by integrating commercial and residential uses with nearby improvements at the adjacent Community Center.
• CD-I-4: Support Infill and Redevelopment.

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The project will redevelop two long-vacant infill sites surrounded by established residential, commercial, and public facility uses, and will utilize existing infrastructure and helping to revitalize a key corridor consistent with this policy.
• CD-I-5: High-Quality Multi-Family and Senior Housing for All Income Levels.

The project will provide 19 condominium units, including three belowmarket-rate homes, within walking distance of schools, shopping, and recreation. Varied building forms, materials, and setbacks will create visual interest while maintaining neighborhood compatibility.
• CD-I-7: Commercial and Mixed Use Building Form.

The mixed-use building faces the front of the site and features transparent glazing at the ground level and articulated façades will provide visual interest and will promote pedestrian activity. The scale and design respond to surrounding lower-scale development while establishing a cohesive architectural theme.

Land Use Element (LU)
• LU-G-2: Concentrated Development
The project proposes new development within an already urbanized area of Pacifica, adjacent to existing infrastructure and services, and will concentrate development to the northern half of the project site to conserve on site natural environment features.
• LU-G-3: Future Residential Development.

The project proposes new development within an already urbanized area of Pacifica, adjacent to existing infrastructure and services, and will concentrate development to the northern half of the project site to conserve on site natural environment features.
• LU-G-6: Compact Mixed Use Development.

The combination of commercial and residential uses in a concentrated horizontal mixed-use pattern will demonstrate efficient land use and supports transit-oriented growth near Highway 1.
• LU-G-7: Open Space Conservation and Habitat Protection.

Nearly half of the site will remain undisturbed, maintaining natural vegetation and habitat value. The project’s tree preservation plan will retains eight protected trees and will enhance the site with additional native plantings.
• LU-I-38: Lower Crespi Drive.

The proposed project will redevelop an underutilized property adjacent to the Community Center into a concentrated, mixed-use development that will

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provide housing for different income levels, and a street facing commercial area adjacent to the Community Center and Skate Park.
• LU-I-39: Crespi Business Center.

The proposed project is located adjacent to the Crespi Business Center and will consists of Mixed Use Neighborhood development that has been envisioned by the General Plan for anticipated surrounding land uses.

Circulation Element (CI)
• CI-I-2 Complete Streets:

Frontage improvements will include new sidewalks, landscaping, and clearly defined driveway access points that will enhance pedestrian and vehicular safety along Crespi Drive consistent with Complete Streets principles.
• CI-I-3 Complete Streets in the Project Development Process:

The site design will incorporates Complete Streets concepts by separating entry and exit driveways, integrating pedestrian connections to the sidewalk, and improving visibility at intersections, while also minimizing exits to Crespi drive by proposing a shared exit driveway with the Community Center.
• CI-I-4 Roadway Retrofits:

By reusing an existing driveway shared with the Community Center and avoiding new curb cuts near Highway 1, the project will minimize traffic disruption and supports safe circulation.
• CI-I-6 Support Multimodal Access:

The site’s proximity to bus service, schools, and local shops will promote non-vehicular travel. Bicycle parking and pedestrian pathways will further support multimodal access.

Open Space and Community Uses Element (OC)
• OC-G-11 Optimize Public Facilities:

The Development Agreement for the proposed project will include improvements to the City-owned Pacifica Community Center parking lot and drop-off area, and will enhance functionality and accessibility of a key public facility.
• OC-I-21 Development Strategies to Preserve Open Space:

By clustering all buildings on the northern half of the site and preserving the southern half in natural condition, the project achieves a density-openspace trade-off that protects sensitive natural features while accommodating housing.

Conservation Element (CO)

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• CO-G-4: Retain Natural Processes.

The project’s grading plan maintains existing drainage patterns and incorporates LID stormwater features that enable natural infiltration and preserve on-site ecological processes.
• CO-I-4: Wetlands Preservation.

A formal biological assessment confirmed there will not be any anticipated direct disturbance to jurisdictional wetlands. Mitigation measures and best management practices will further ensure that the nearby/onsite wetland areas will not be impacted in accordance with state and federal standards. • CO-I-14: Minimize Site Disturbance.

Grading will be limited to the developed northern portion of the site, with approximately 3,000 cubic yards of fill primarily to balance existing grades.

The southern portion of site will be conserved and not developed.

Housing Element
• HE-G-1. Maintain, Improve, and Develop Housing: Encourage the development and retention of housing in a variety of types for all income levels with priority given to low-income households and projects that foster sustainable urban development.

The project will provide 19 new ownership-based housing opportunities, including three affordable units, and will help the City meet its RHNA allocation and diversify its housing supply. The project development agreement will also make a financial contribution for affordable housing to the City.
• HE-P-7 Expand affordable rental and homeownership housing choices in areas of opportunity and higher homeownership among resources and promote communities that are opportunities for disproportionately underrepresented in homeownership to foster intergenerational wealth;
The inclusion of three below-market-rate units and an affordable housing financial contribution expands housing opportunities for lower-income households in an amenity-rich location.

Other Applicable Laws of the City
The project will also be consistent with other applicable laws of the City, including the following:
x. Below Market Rate Program. Pursuant to PMC Title 9, Chapter 4, Article 47, it is the intent of the City to provide housing units for very low, lower, and moderateincome households in residential development projects with eight or more units.

No less than 15 percent of all units shall be BMR units. The proposed project will provide 19 total residential units and will provide no less than three BMR units on1.f Packet Pg. 1069 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project 4924-6914-0604 v1 20
site. The proposed project will meet this requirement by making two townhouses and one of the one-bedroom flats BMR units. Through the Development Agreement, the project will also make a $272,000 affordable housing contribution to support other affordable housing efforts of the City. xi. C-2 (Community Commercial) Zoning Standards. The proposed development will be located in the C-2 (Community Commercial) zoning district. The project will be consistent with the applicable C-2 zoning regulations pertaining to use (upon approval of a use permit), height, minimum building site, landscaping, and setbacks. With the text amendment to allow horizontal mixed use in addition to vertical mixed use, the project will also be consistent with the MUC Land Use designation. The only zoning standards the project will not be consistent with are related to off-street parking. However, the applicant has requested a parking exception to address this issue and, if approved by the City Council, the parking exception will address compliance with off-street parking standards. xii. Residential Clustered Housing Development Standards. The proposed development will be subject to the Residential Clustered Housing Development Standards pursuant to PMC section 9-4.2402. The project will be consistent with the applicable development standards in providing usable and private open space, separation from structures, side setbacks of residential standards, trash storage area, and laundry facilities.

The project will be consistent with the General Plan and other applicable laws of the City, and there is not evidence to make this finding.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby make the following findings required by PMC section 9-4.3303(a) pertaining to Use Permit UP-76-16:
i. That the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and welfare of the persons residing or working in the neighborhood or to the general welfare of the City.

The proposed Project is a mixed-use development including 3,165 square feet of commercial space, 19 residential units, and off-street parking, circulation, and landscape improvements to the adjacent Pacifica Community Center at 540 Crespi Drive. The residential use of the subject site, which is a conditional use in the proposed C-2 (Community Commercial) zoning district, would serve to reinforce the commercial areas of Crespi Drive and Lower Linda Mar as called for in the General Plan neighborhood narrative for the project area by increasing the number of potential customers living in the proposed residential units. The belowmarket rate (BMR) housing units and additional $272,000 affordable housing contribution would provide much-needed affordable housing that would be beneficial to the broader Pacifica community.

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The proposed zoning text amendment would allow the project’s building mass to be split into multiple buildings, instead of one large building under the current regulations. The three proposed buildings of the project would result in a project massing that is consistent with that of the varied uses in the project vicinity including the multi-family residential projects located on the north side of Crespi Drive. While the project site is adjacent to an R-1 (Single-Family Residential) zoned area to the south, the developed portion of the site would be located well over 250 feet from the property lines of the R-1 zoned areas. This significant distance from single-family residences would serve to provide sufficient buffer from the project to those areas, and would ensure no adverse impacts result to the residential area. Moreover, the project components most closely located to the R-1 zoned area to the south are themselves residential uses in Buildings B and C. The commercial component of the project would be an additional approximately 220 feet from the R-1 zoned area which would provide further buffer and minimization of any potentially adverse impacts to the residential area.

The existing commercial building at 580 Crespi Drive to the east of the project site is located much closer, however. The proposed setback from Building C to the 580 Crespi Drive building would be approximately 10 feet to the Building C wall and 4 foot 4 inches to the proposed balconies. Therefore, significant construction activities to build the nine residential units in Building C would occur within close proximity to 580 Crespi Drive. A noise analysis performed for the Project identified an interior noise level of 50 dB(A) which is the identified maximum noise level for new commercial buildings pursuant to the California Green Building Code. The analysis estimated a reduction of 27 dB(A) based on the materials of the existing building, resulting in a required additional noise reduction of 2 dB(A). The noise analysis recommended installation of a 10‐foot‐ tall temporary sound wall on the project site along the 580 Crespi Drive building façade. The sound wall would consist of stacked hay bales, ¾” plywood, or acoustical curtains with a minimum sound transmission class (STC) rating of 22.

This would be expected to reduce construction noise within 580 Crespi down to 39 dBA Leq for regular construction activities and should substantially reduce the potential for disturbance to these uses during the project construction. A condition of approval has been included to require the sound wall installation prior to commencement of construction activities.

With the aforementioned condition of approval addressing construction noise and other conditions of approval, the establishment, maintenance, or operation of the proposed project will not, under the circumstances of the particular case, be detrimental to the health, safety, and welfare of the persons residing or working in the neighborhood or to the general welfare of the City. ii. That the use or building applied for is consistent with the applicable provisions of the General Plan and other applicable laws of the City and, where applicable, the local Coastal Plan.

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As described above in further detail the project is consistent with the applicable provisions of the General Plan. The Project site is not located in the coastal zone, therefore, the Local Coastal Plan is not applicable to this Project. iii. Where applicable, that the use or building applied for is consistent with the City's adopted Design Guidelines.

As described in further detail above, as conditioned, the project will be consistent with the City’s adopted Design Guidelines. In particular, the project will be consistent with guidelines related to Site Planning, Building Design, and Landscaping.

PMC section 9-4.2403(c) requires the following additional findings for approval of a residential clustered housing development:
iv. For projects in low density areas, that the privacy of nearby residences will not be reduced to an extent which exceeds that which would normally be reduced by conventional single-family dwellings.

The above, identical finding for approval of a site development permit is hereby incorporated by reference.
v. That the architectural features of proposed structures will be integrated harmoniously into the design character of the immediate neighborhood.

The above, identical finding for approval of a site development permit is hereby incorporated by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby make the following findings required by Section 9-4.2824(a) of the PMC pertaining to Parking Exception PE-183-19, which states that a parking exception shall be granted in the event of practical difficulties and unusual hardship upon making the following finding:
i. That the establishment, maintenance, and/or conducting of the off-street parking facilities as proposed are as nearly in compliance with the requirements set forth in this article as are reasonably possible.
the applicant faces a practical difficulty and unusual hardship that prevents full compliance with the off-street parking standards in PMC Title 9, Chapter 4, Article 28, and that the off-street parking facilities as proposed are as nearly in compliance with the standards as is reasonably possible

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The project will provide 47 of the 53 total required off-street parking spaces, comprised of 32 covered parking spaces (two garage spaces per townhouse unit in a tandem configuration) and 15 uncovered spaces.

The project requires a parking exception from the following standards in PMC Title 9, Chapter 4, Article 28:
• Non-tandem parking spaces pursuant to PMC section 9-4.2813(a); • One covered parking space per unit pursuant to PMC section 9-

4.2818(a)(2); and
• Number of off-street parking spaces for commercial retail uses pursuant to PMC section 9-4.2818(b)(2).

The primary constraint to provision of off-street parking facilities on the subject site is suitable development area. The applicant has designed the project to protect the biological resources that exist roughly in the southern half of the project site. The project as proposed is modest in scale relative to allowable maximums and faces a practical difficulty and unusual hardship from its attempts to leave the southern half of the project site undisturbed by development.

The applicant has provided off-street parking where feasible on the project site while balancing the need for landscaping, zoning-compliant drive aisles, and other mandatory requirements for the project. The tandem parking configuration within the garages of the two-bedroom townhouse units is a reasonable alternative to the standards side-by-side garage requirement.

The constrained development area of the project site generally limits potential locations for uncovered parking spaces, and these spaces will be located in a manner that facilities Project compliance with site development permit findings and Design Guidelines. The site constraints and site planning challenges on the project site compound to provide specific challenges to providing the total number of off-street parking spaces required for the commercial component of the project.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby make the following findings required by PMC section 9-4.2906(b) pertaining to Sign Permit S-129-19:
i. A freestanding sign is necessary for the business or businesses located on the premises to achieve a reasonable degree of identification.

The proposed project is located along a substantially developed segment of Crespi Drive. The properties adjacent to the project site at 540 Crespi Drive and 580 Crespi Drive both have freestanding signs to identify those developments. A freestanding sign is necessary to distinguish the project site from these adjacent properties on this basis. Additionally, with much of the project located behind Building A at the rear of the project site, a freestanding sign that identifies the name of the development will provide a ready means for businesses and residents to

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direct visitors to the project site with a simple point of reference to the freestanding sign.
ii. The sign is consistent with the intent and provisions of this article.

PMC section 9-4.2901 states that the purpose of the City’s sign regulations is as follows: The purpose of this article is to permit such signs that will not, by their reason, size, location, construction, or manner of display, endanger the public safety, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger the public health, safety, and welfare; and to permit and regulate signs in such a way as to support and complement the land use objectives set forth in the General Plan and the other sections of this chapter to assist in the continuation of existing, and the introduction of new, commercial activities in architectural harmony with the existing and planned City, to provide that signs be tailored to individual businesses, and to encourage excellence in design which will provide signing compatible with the atmosphere of the City which attracts both residents and visitors.

The proposed freestanding sign will be consistent with the intent of PMC Title 9, Chapter 4, Article 29. The project proposes one freestanding sign located at the front edge of the project site and will not result in sign clutter. The well-designed sign and high-quality materials will not lead to confusion, misleading impressions, obstruction of vision necessary for traffic safety, or otherwise endanger the public safety and welfare. Installation of a freestanding sign, as noted in the preceding finding, will complement efficient operation of the proposed project by improving convenient identification of the project in a manner that will enhance the new commercial activities on the site. Therefore, the proposed freestanding sign will be consistent with the intent of PMC Title 9, Chapter 4, Article 29. Upon obtaining approval of a sign permit, the proposed freestanding sign will also comply with the provisions of same.

Based on the foregoing, the proposed freestanding sign is consistent with the intent and provisions of PMC Title 9, Chapter 4, Article 29. iii. The sign does not exceed the square footage set forth in PMC section 9-

4.2906(a)(3).

The maximum square footage for a freestanding sign in PMC section 9-

4.2906(a)(3) is 0.75 sf of sign area per linear foot of site frontage. The project site’s frontage is 135 feet, yielding a maximum sign area of 101.25 sf.

The freestanding sign as proposed will have a sign area of 4 feet, 8 inches tall by 12 feet wide for a total of 56 square feet. As a single-sided freestanding sign, as proposed, the freestanding sign will comply with the sign area limits in PMC section 9-4.2906(a)(3). In the event the applicant should propose to make the sign two1.f Packet Pg. 1074 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project 4924-6914-0604 v1 25
sided at any point, the sign area will be 112 square feet, in excess of the maximum sign area in PMC section 9-4.2906(a)(3). In such instance, the sign area will need to be reduced to not more than 56 sf per side. Staff has included a condition of approval to establish this sign area limitation in the event the sign is ever revised to be a two-sided sign.

Based on the foregoing, as conditioned, the proposed freestanding sign will not exceed the maximum square footage set forth in PMC section 9-4.2906(a)(3). iv. The sign does not exceed a height of twenty (20′) feet above the sidewalk or paved area over which it is erected.

The freestanding sign, as proposed, will have a height of 7 feet, 4 inches tall.

Therefore, the proposed freestanding sign will not exceed a height of 20 feet above the sidewalk or paved area over which it will be erected.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby find that for Vesting Tentative Subdivision Map SUB-233-16 none of the findings that would preclude approval of subdivision map under PMC Section 10-1.407(c) can be made, as set forth below:
i. That the proposed, subdivision is not consistent with applicable General, any Specific Plan, the Local Coastal Program, and the zoning provisions; The discussion of General Plan consistency and zoning provisions compliance contained in the findings for approval of a site development permit, above, are hereby incorporated by reference.

Because the project is primarily a condominium subdivision of airspace, many of the subdivision standards in PMC Title 10, Chapter 1 that are designed for subdivisions of land are not applicable to the proposed subdivision. However, the proposed subdivision would meet the lot design standards required by Table 4 of PMC section 10-1.912(c); and, PMC section 10-1.909 related to the preservation of existing vegetation by preserving the southern half of the project site. The proposed subdivision would also comply with the specific requirements applicable to a vesting tentative subdivision map in PMC section 10-1.706. These include, but are not limited to, a conspicuous printing on its face the words “vesting tentative map”; and, a concurrent application for all other required discretionary project approvals which include a site development permit, use permit, parking exception, sign permit, protected tree removal authorization, rezoning, and zoning text amendment.

Based on the foregoing, the proposed vesting tentative subdivision map, together with the provisions for its design and improvement, is consistent with the General Plan, any Specific Plan, the Local Coastal Program, and the zoning provisions.

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ii. That the proposed map is not consistent with applicable General or Specific plans, the Local Coastal Program, or the zoning provisions:

The discussion of General Plan consistency and zoning compliance contained in the findings for approval of the Site Development Permit is hereby incorporated by reference.

Because the proposed subdivision is primarily a condominium subdivision of airspace, many of the subdivision standards designed for subdivisions of land are not applicable. Nevertheless, the proposed subdivision would meet the lot design standards required by Table 4 of PMC § 10-1.912(c) and would preserve the southern half of the site as required by PMC § 10-1.909, thereby protecting existing vegetation. The subdivision also complies with PMC § 10-1.706 requirements for vesting tentative maps, including the required legend on the map face and the concurrent processing of all other necessary discretionary project approvals.

Based on the foregoing, there is sufficient evidence to support the finding that the proposed vesting tentative subdivision map, together with its design and improvements, is consistent with the General Plan, the Local Coastal Program, and the zoning provisions.
iii. That the design or improvement of the proposed subdivision is not consistent with applicable General or Specific Plans, the Local Coastal Land Use Plan, or the zoning provisions:

The design and improvements of the proposed subdivision are consistent with the applicable plans and zoning provisions. The project provides adequate access, circulation, parking, utilities, and drainage improvements meeting City standards.

The subdivision layout clusters buildings to minimize grading and preserve open space while providing logical lot configuration, and it is designed to integrate with the surrounding neighborhood and street network.
iv. That the site is not physically suitable for the type of development; The site is physically suitable for the type of development proposed. The property is located within an urbanized area and is served by existing infrastructure and transit. The project’s clustered design accommodates townhouse units and commercial space while avoiding sensitive areas and preserving significant portions of the site in their natural condition.
v. That the site is not physically suitable for the proposed density of development; The site is physically suitable for the proposed density of development. The number of units is consistent with the General Plan land use designation and the zoning district that would apply upon adoption of the rezoning ordinance. The

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subdivision layout provides appropriate distribution of buildings, open space, parking, and circulation areas to support the proposed development and ensure compatibility with adjacent land uses.
vi. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Focused Environmental Impact Report (FEIR), including the recirculated Chapter 4.1 for Biological Resources, fully evaluated potential impacts and identified mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP). Implementation of these measures will reduce biological impacts to less-than-significant levels. vii. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; or The design of the subdivision and proposed improvements are not likely to cause serious public health problems. The project will comply with all applicable building, fire, and life safety codes, and will construct infrastructure improvements to ensure adequate water supply, wastewater conveyance, storm drainage, and emergency access to serve the development. viii. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision. In this connection, the Planning Commission may approve a map if the Planning Commission finds that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or the use of property within the proposed subdivision.

The design of the subdivision and proposed improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the subdivision. If any utility or access easements require relocation, equivalent easements providing substantially the same access or use will be provided as part of the final map, consistent with PMC § 10-1.407(c).

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica hereby authorizes Tree Removal Permit TP-13-25 for the removal of five protected trees based on the following criteria as required by PMC Section 4-12.05(c):
• The condition of the tree, presence of disease, pest infestation, damage,

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public nuisance, risk, proximity to existing or proposed structures, and/or interference with utility services;
• Whether the requested action is necessary for the economically viable use of the property;
• The topography of the land and effect of the requested action on it; • The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, scenic beauty and upon the health, safety, and general welfare of the area and the City as a whole; and • The number of healthy trees the parcel is able to support.

The applicant has submitted an arborist report that assesses the condition of 13 protected trees within the project vicinity (Attachment G of the staff report). Of the 13 protected trees, five trees are proposed for removal (trees #1, 2, 5, 6, and 7) by the applicant so development may occur at the front of the site in order to maintain the rear of the property in a natural state. Trees 1, 5 6 and 7 are justified for removal based in criteria #2 as each of the trees are located within the footprint of the proposed buildings, and given the limitations of the identified biological resources at the rear of the property removal of the trees is necessary to preserve the natural portions of the property at the rear of the site and while allowing for the economically viable use of the property. The removal of Tree #2 is justified for removal based on Criterion No. 1 because the tree is dead. Due to the constraints on the project site discussed in the findings for approval of a parking exception, hereby incorporated by reference, development must be clustered in the front half of the project site in order to preserve existing resources in the rear half of the project site.

Based on the foregoing, there is sufficient information to support a conclusion that protected tree removal is justified based on the criteria in PMC section 4-

12.04(c).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pacifica hereby:

Approves the Planning Commission decision and approves Site Development Permit PSD-811-16, Use Permit UP-76-16, Parking Exception PE-183-19, Sign Permit S-129- 19, Vesting Tentative Subdivision Map SUB-233-16, and Tree Permit TP-13-25 (“Development Permits”), subject to conditions of approval included as Exhibit A to this resolution and the mitigation measures set forth in Exhibit B to this resolution. As set forth in the conditions, the Development Permits shall have no force or effect until, and their terms of approval shall begin on, latest effective date of the Legislative Approvals. * * * * *

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PASSED AND ADOPTED at a special meeting of the City Council of the City of Pacifica, California, held on the 2nd of December.

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, Michelle Kenyon, City Attorney
City Clerk

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570 Crespi Drive and 540 Crespi Drive
City Council Meeting December 2, 2025
4924-6914-0604 v1

EXHIBIT A
Conditions of Approval: File No. 2016-004 – Site Development Permit PSD-811-16, Use Permit UP-76-16, Parking Exception PE-183-19, Sign Permit S-129-19, Vesting Tentative Subdivision Map SUB-233-16, and Tree Removal Permit TP-13-25 for construction of a new mixed-use development consisting of 3,165 square feet (sf) of ground floor commercial space in Building A, three one-bedroom residential units in Building A, seven two-bedroom townhouses in Building B, and nine two-bedroom town houses in Building C on a 72,984 sf undeveloped lot at 570 Crespi Drive (APN 022-162-310) and 540 Crespi Drive (APN 022-162-420).

Planning Division of the Community Development Department

1. Development shall be substantially in accord with the plans entitled “540 & 570 Crespi Drive, Pacifica, CA 94044” dated October 27, 2023, except as modified by the following conditions.

2. The Applicant shall incorporate all mitigation measures as detailed in the Mitigation Monitoring and Reporting Program (MMRP).

3. The Site Development Permit PSD-811-16, Use Permit UP-76-16, Parking Exception PE-183-19, Sign Permit S-129-19, Vesting Tentative Subdivision Map SUB-233-16, and Tree Removal Permit TP-13-25 (the “Development Permits”) shall not be effective until the date the resolution approving GPA-96-19, and the ordinances approving Development Agreement DA-4-21, Rezoning RZ-194-16, and Zoning Text Amendment TA-116-19 (collectively the “Legislative Approvals”)are all in force and effect. The Development Permits shall have no force or effect until, and their terms of approval shall begin on, latest effective date of any of the Legislative Approvals.

4. Except as otherwise provided in Development Agreement DA-4-21, consistent with section 65863.9 of the Government Code regulating expiration dates of local agency permits issued in conjunction with a vesting tentative subdivision map, and consistent with section 10-1.411 of the Pacifica Municipal Code governing expiration of vesting tentative subdivision maps for five or more parcels, the vesting tentative subdivision map and related development permits are valid for a period of 24 months from the date of final determination. If the final subdivision map is not recorded within such period of time, the approvals shall expire unless Applicant submits a written request for an extension and applicable fee not less than 30 days prior to the expiration date of the vesting tentative map in the manner required by section 10-

1.412 of the Pacifica Municipal Code. Any extension of the term of the vesting tentative map shall be deemed also to extend the term of the related development permits.

5. Except as otherwise provided in Development Agreement DA-4-21, the development permits approved in conjunction with the vesting tentative subdivision map shall be valid for a period of two years from the date of recordation of the final

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Packet Pg. 1080 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project subdivision map. If the use or uses approved is/are not established within such period of time, the approval(s) shall expire unless Applicant submits a written request for an extension and applicable fee prior to the expiration date, and the Planning Director or Planning Commission approves the extension request as provided below. The Planning Director may administratively grant a single, one year extension provided, in the Planning Director’s

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Packet Pg. 1081 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project 4924-6914-0604 v1

6. sole discretion, the circumstances considered during the initial Project approval have not materially changed. Otherwise, the Planning Commission shall consider a request for a single, one year extension.

In the event of litigation filed to overturn the City’s determination on the vesting tentative subdivision map or development permits, the expiration of the vesting tentative subdivision map and related development permits may be tolled during the pendency of such litigation as provided in state law, including but not limited to section 66452.6(c) of the Government Code.

7. The Applicant shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents (hereinafter “City”) from any claim, action or proceeding (hereinafter “Proceeding”) brought against the City to attack, set aside, void or annul the City‘s actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to the California Environmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to actions or omissions in any way connected to the Applicant’s Project (“Challenge”). City may, but is not obligated to, defend such Challenge as City, in its sole discretion, determines appropriate, all at Applicant’s sole cost and expense. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Applicant, City, and/or parties initiating or bringing such Proceeding. If the Applicant is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City. Per Government Code Section 66474.9, the City shall promptly notify Applicant of any Proceeding and shall cooperate fully in the defense.

8. The approval letter issued by the City, all conditions of approval attached thereto, and the Mitigation Monitoring and Reporting Program (MMRP) shall be included as plan sheets within all plan sets submitted to the City as part of any building permit or grading permit application.

9. Prior to issuance of a building permit, Applicant shall clearly indicate compliance with all conditions of approval on the plans and/or provide written explanations to the Planning Director’s satisfaction.

10. Prior to issuance of a building permit for any commercial or residential unit on the site, Applicant shall apply for and obtain approval of a master sign program (MSP) from the Community Development Director which master sign program shall include all signage proposed on the Project site. The MSP shall include all types of signs to be installed on the Project site, including but not limited to the freestanding sign, individual commercial tenant signs, address and unit

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Packet Pg. 1082 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project numbering.

11. Exterior lighting shall include buffering techniques to reduce light and glare impacts to adjacent properties to the satisfaction of the Planning Director.

12. Prior to issuance of a building permit, Applicant shall revise its Project to include no less than five bicycle parking spaces onsite designed to comply with the standards contained in PMC section 9-4.2822, and further subject to the review and approval of the Planning Director.

13. Prior to the issuance of a building permit the applicant is to prepare Tree Protection and Preservation Plan, consistent with PMC Sec. 4-12.11. Each protected tree removed must be replaced at a ratio of 3:1, for a total of nine minimum trees with at least 20 percent of those to be a minimum 24-inch box size.

14. Prior to issuance of a building permit, Applicant shall ensure the Project complies with all requirements of the Residential Clustered Housing Development Standards contained in Article 24 of Chapter 4 of Title 9 of the Pacifica Municipal Code, to the satisfaction of the Planning Director, including but not limited to, the following:

A. The interior layout of each garage in Building B and Building C shall be modified to provide a storage with a minimum interior dimension of 3’-6” by 6’-0”; and
B. Building A shall be modified to provide an enclosed, weatherproofed and lockable private storage space of at least 200 cubic feet for each of the three one-bedroom units.

15. All trash and recycling materials, if stored outdoors, shall be fully contained, and screened from public view within an approved enclosure. The enclosure design shall be consistent with the adjacent and/or surrounding building materials, and shall be sufficient in size to contain all trash and recycling materials, as may be recommended by Recology of the Coast. Trash enclosure and dumpster areas shall be covered and protected from roof and surface drainage. Prior to the issuance of a building permit, Applicant shall provide construction details for the enclosure for review and approval by the Planning Director.

16. All transformers, HVAC units, backflow preventers and other ground-mounted utility equipment shall be shown on the landscape and irrigation plans and shall be located out of public view and/or adequately screened through the use or combination of walls or fencing, berming, painting, and/or landscaping, to the satisfaction of the Planning Director.

17. Prior to issuance of a building permit, Applicant shall demonstrate that the two lots on the Project site have been merged into a single lot to the satisfaction of the Planning Director.

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Packet Pg. 1083 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project

18. All vents, gutters, downspouts, flashing, and conduits shall be painted to match the colors of adjacent building surfaces. In addition, any mechanical or other equipment such as HVAC attached to or protruding from the building shall be appropriately housed and/or screened to the Planning Director’s satisfaction.

19. Applicant shall maintain its site in a fashion that does not constitute a public nuisance and that does not violate any provision of the Pacifica Municipal Code.

20. Prior to the issuance of a building permit, Applicant shall submit a final landscape plan for approval by the Planning Director. The landscape plan shall show each type, size, and location of plant materials, as well as the irrigation system.

Landscaping materials included on the plan shall be coastal compatible, drought tolerant and shall be predominantly native, and shall include an appropriate mix of plantings including. All landscaping shall be completed consistent with the final landscape plans prior to occupancy. In addition, the landscaping shall be maintained as shown on the landscape plan and shall be designed to incorporate efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides, and pesticides. Landscaping on the site shall be adequately maintained in a healthful condition and replaced when necessary as determined by the Planning Director.

21. Declaration of Covenants, Conditions & Restrictions (CC&Rs). Prior to issuance of a certificate of occupancy for any component of the Project, the Applicant shall prepare and record with the San Mateo County Recorder’s Office a Declaration of Covenants, Conditions and Restrictions and Equitable Servitudes which shall run with the land and be binding on all future owners and occupants of each of the residential units within the subject property and their successors, heirs, and assigns, and shall be approved as to form and content by the City Attorney and Planning Director, which accomplishes the following:

A. The Declaration shall be binding upon each of the owners of each of the residential units on the subject property and their heirs, successors and assigns.

B. There shall be an Owners Association to manage the Project. The Declaration shall specify that the Owners Association shall be responsible for the repair, maintenance and replacement of exterior lighting, parks, common areas, utility areas within common areas, parking, landscaping, building signage, sanitary sewer, stormwater facilities, open space, and other features of the Project.

C. The Declaration shall establish standards and guidelines for the maintenance, repair and replacement, where applicable, exterior lighting, park, parking, landscaping, signage, sanitary sewer, stormwater facilities, and other features and utility facilities within the common areas, to the satisfaction of the City of Pacifica. Maintenance of the stormwater facilities located within the property shall be the responsibility of the applicant and

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Packet Pg. 1084 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project property owners.

D. The Declaration shall establish a mechanism for placing assessments against the owners of all condominium units within the subject property for the purpose of financing the maintenance, repair and replacement of the common areas, parking, landscaping and building signage. The assessments shall be apportioned in an equitable manner.

E. The assessments shall be made, work shall be contracted for, and funds shall be disbursed by such person (“Agent”) as may be delegated from time to time, by the Owners Association. The applicant or his/her successor in interest shall act as the Agent as long as he/she owns at least two of the units on the subject property.

F. Any assessment not paid when due shall become a lien against the unit of the nonpaying owner, which lien may be foreclosed by the Agent.

G. Communication. Each owner is responsible for, and shall agree to, furnish to each new tenant a copy of the CC&Rs prior to execution of the lease or purchase agreement for each unit.

H. The Declaration shall include procedures for designating a Project “Manager” if different than the “Agent” who shall at all times be responsible for security and/or maintenance of the overall Project. At all times the Manager shall provide his/her name and current phone number to the Planning Director, including any changes thereto.

I. The Declaration shall include a provision that the provisions relating to this condition shall not be amended without prior approval in writing from the City of Pacifica.

J. The Declaration shall specify that the owners of each of the condominium units on the property shall comply with all other applicable conditions of approval for the Project.

K. The Declaration shall specify that in no way shall the appearance of any building or premises be so altered, or the conduct of the occupancy within the building or premises be such that the residential units may be reasonably recognized as serving other than a purely residential use by virtue of color, materials, construction, lighting, noise, vibration, or the like, without prior written approval of the Planning Director.

L. The Declaration shall include the provisions required to be included in the CC&Rs by the MMRP. The MMRP requires provisions to be included in the CC&Rs whenever a mitigation measure requires the owners, Owners Association or other similar entity to undertake maintenance or other obligations after occupancy of the Project.

M. The Declaration shall name the City of Pacifica as a third-party beneficiary with the right (but not the obligation) to enforce the provisions required to be included in the CC&Rs by the MMRP or these conditions of approval.

22. Prior to the recordation of the Final Map, Applicant shall enter into a Below Market Rate (BMR) Housing Unit Affordability Agreement (“Affordability Agreement”) with City, in a form approved by the Planning Director and City Attorney. The Affordability Agreement shall provide, among other things that: (1) Applicant will

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Packet Pg. 1085 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project develop and sell three of its units as BMR units at an affordable housing cost to eligible households; (2) the BMR units shall meet the size and design requirements set forth in Pacifica Municipal Code Section 9-4.4705; (3) construction and sale of the BMR units shall be phased with the development of the market rate units to ensure that the BMR units are timely developed and sold; (4) purchasers of the BMR units will be required to enter into and execute Resale Restriction Agreements and other documents ensuring the long-term affordability of the BMR units for no less than 45 years; (5) the development and sale of the BMR units otherwise meets the requirements of Article 47 of Chapter 4 of Title 9 of the Pacifica Municipal Code (“City of Pacifica Below Market Rate (Inclusionary) Program”) and the terms of the Development Agreement; and (6) Applicant will be responsible for the City’s administrative costs associated with compliance with the Affordability Agreement. The Affordability Agreement must be recorded against the property prior to or concurrently with the recordation of the Final Map.

23. Prior to commencement of any grading, building, or other construction activity, the Applicant shall install a 10‐foot‐tall temporary sound wall on the Project site along the 580 Crespi Drive building façade. The sound wall would consist of stacked hay bales, ¾” plywood, or acoustical curtains with a minimum sound transmission class (STC) rating of 22. The Applicant shall submit the details of the proposed sound wall in conjunction with any application for a building or grading permit, and the details of the proposed sound wall shall be subject to review and approval of the Planning Director.

24. In the event the Applicant should desire to construct the proposed freestanding sign with two sign faces as opposed to the currently proposed single sign face, the freestanding sign shall be revised to comply with the maximum sign area limits in PMC section 9-4.2906(a)(3). Based on the 135-foot frontage of the Project site, the maximum sign area for the freestanding sign shall be 101.25 sf. Consistent with PMC section 9-4.2908(c), both sides of the freestanding sign shall count towards the maximum allowed sign area. The final design of the freestanding sign shall be indicated in the master sign program submitted for review and approval by the Planning Director and shall be approved by the Planning Director prior to issuance of a building permit for the freestanding sign.

25. All outstanding and applicable fees associated with the processing of this Project shall be paid prior to the issuance of a building or grading permit.

26. Prior to the issuance of a building permit, the layout and configuration of the 14 new off-street additional parking spaces at the Community Center shall be approved to the satisfaction of the City Engineer.

27. Prior to issuance of a building permit, Applicant shall revise the Project plans to include a raised walkway structure along the southern boundary of the developed portion of the Project site that projects into the wetlands area at the southern half of the site. The additional raised walkway structure shall connect to the proposed

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Packet Pg. 1086 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project deck walkway included on Sheet A-1.14 of the Project plans in order to provide additional wetlands interpretive opportunities and usable open space for Project occupants. The design and materials of this additional raised walkway shall be consistent with the design and materials of the deck walkway included on Sheet A-1.14 of the Project plans, and shall further be a raised and restricted boardwalk path that prevents pedestrians from existing into the wetlands. The precise location, extent, design, and materials of the additional raised walkway structure shall be subject to review and approval of the Planning Director.

Building Division of the Community Development Department

28. The Project shall require review and approval of a grading permit and a building permit prior to commencement of any construction activities.

29. Each unit shall be required to provide separate energy calculations and independent solar systems.

Engineering Division of Public Works Department

30. The City Council of the City of Pacifica will need to accept offer of easements for Emergency Vehicle Access and Public Use Access prior to the filling of a final subdivision map.

31. Should the Applicant desire to record the final map prior to completion and acceptance of improvements, Applicant may enter into a Subdivision Improvement Agreement with the City of Pacifica to construct all on-site and off-site improvements, as depicted on the approved Tentative Map and any conditions and mitigations imposed on this Project, prior to approval of the final map and all necessary fees and bonds associated with this agreement, including applicable Park Land Dedication fees as determined by the Planning Director, shall be paid by the applicant.

32. Should the Applicant desire to record the final map prior to completion and acceptance of improvements, a bond in an amount determined by the City Engineer must be provided. The bond maybe in the form of cash, instrument of credit or surety bond. In addition, an improvement agreement shall be executed to guarantee that the work will be done in accordance with the approved plans.

33. Prior to the execution of the Subdivision Improvement Agreement, Applicant shall submit to Engineering Division the construction plans and necessary reports and engineering calculations for all on-site and off-site improvements to the satisfaction of the City Engineer. Such plans and reports shall include but not limited to:

A. All plans and reports must be signed and stamped by a California licensed professional.

B. Plan, profile and cross sections of the proposed driveways. The proposed driveway shall not exceed the maximum grade of 18 percent.

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Packet Pg. 1087 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project C. Curb ramps on both sides of the driveways.

D. Design Geotechnical Report analyzing the proposed on-site and off-site improvements including but not limited to the driveways and retaining wall.

E. All site improvements including utilities and connections to existing mains must be designed according to the City Standards and to the satisfaction of the City Engineer.

34. Prior to approval of the final map, the Applicant shall verify that all public and private utilities have been provided to serve the subdivision. Approvals and/or agreements shall be obtained from all utilities.

35. The form, contents, submittal, approval, and filling of a final subdivision map (or final parcel map) shall conform to the following:

A. Surveys required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, and center lines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

B. Forms and contents. The form and contents of the parcel map shall conform to the final map form and contents requirements of Pacifica Municipal Code Section 10-1.504 and Pacifica Municipal Code Section 10-1.505 of, except for subsection (6) of subsection (c).

C. Preliminary submittal. The subdivider shall submit prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports, and documents required for final maps by Pacifica Municipal Code Section 10-1.506.

D. Review and approval by the City Engineer. The City Engineer shall review the parcel map, and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the City Engineer. The subdivider's engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the City Engineer. The City Clerk or his or her authorized agent shall transmit the approved parcel map directly to the County Clerk for transmittal to the County Recorder.

36. City Council approval shall be required prior to recording a final map.

37. Upon final map approval, the Applicant shall provide written notice to the adjacent single-family residential property owner at the point of connection for the emergency overflow shown on Sheet TM-3 not less than 90 days prior to commencing the improvement located in the City’s stormdrain easement, and an additional written follow-up notification not less than 48 hours prior to commencement of the work. The improvement may proceed with the improvement design as reviewed and approved by the City Engineer upon the Applicant’s

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Packet Pg. 1088 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project fulfillment of this obligation.

Wastewater Division of Public Works Department

38. Irrigation and sprinkler systems shall not drain into sanitary sewer system.

39. Trash enclosure shall be shown on plans to have a roof and berm around enclosure to prevent rainwater from entering the sanitary sewer system.

40. All sanitary sewer system connections shall be shown on the building permit plans to connect to the main line sewer on Crespi Drive.

North County Fire Authority (NCFA)

41. Fire sprinkler system is required. Submit plans to NCFA under separate fire permit.

42. Approval of Alternative Methods and Materials shall be required for the Project.

Applicant shall submit a request form and fee for NCFA review and approval prior to issuance of a building permit.

43. Prior to issuance of a building permit, Applicant shall provide fire flow information per California Fire Code (CFC), Appendix B.

44. Fire extinguishing/hood system is required. Submit plans to NCFA under separate fire permit.

45. Fire alarm system is required. Submit plans to NCFA under separate fire permit.

46. Fire alarm system shall be monitored, per CFC.

47. Key Box is required. Apply for approved hardware at NCFA Administration.

48. Portable fire extinguishers(s) are required. Mount fire extinguishers 3-5 feet above floor.

49. Illuminated address identification is required.

50. Utility identification is required.

51. Doors shall be easily openable in one motion without special knowledge, key or effort per California Building Code (CBC). Use of thumb operated deadbolts prohibited unless integrated with latch.

52. Illuminated exit signs and emergency egress illumination is required.

53. Prior to issuance of a certificate of occupancy, Applicant shall demonstrate to the satisfaction of the Fire Chief that Emergency Responder Radio Coverage is

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Packet Pg. 1089 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project provided as required by CFC Section 510.
***END***

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Packet Pg. 1090 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project

EXHIBIT B
Mitigation Monitoring and Reporting Program

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Packet Pg. 1091 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

3.3 MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the mitigation measure number, the impact the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.

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Packet Pg. 1092 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 : Crespi Drive Mixed Use Project Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
Chapter 4.1 – Biological Resources

4.1-1 Have a substantial
adverse effect, either
directly (e.g., threaten to
eliminate a plant
community) or through
habitat modifications, on
any plant species
identified as a candidate,
sensitive, or specialstatus species.

4.1-1(a) Prior to the commencement of
construction associated with the
proposed project, focused plant
preconstruction surveys shall be
conducted by a qualified biologist
during the documented bloom periods
of San Francisco Bay spineflower. Two
site visits, including one early-season
(April) and one late-season (July) shall
be sufficient to cover the blooming
periods. If San Francisco Bay
spineflower are not observed during the
focused plant surveys, impact to
special-status plant species would not
occur, and mitigation would not be
required. The results of the surveys
shall be submitted to the City’s
Planning Department.

4.1-1(b) If San Francisco Bay spineflower are
identified on-site during the focused
plant surveys, the project applicant
shall be responsible for ensuring
construction activities avoid specialstatus plants through preparation and submittal to the City’s Planning
Department of an Avoidance Plan
Report detailing protection and
avoidance criteria, measures, and the
extent to which special-status plants
were successfully avoided. The
Avoidance Plan Report shall be subject
City of Pacifica
Planning
Division
City of Pacifica
Planning
Division
USFWS
CDFW
Prior to issuance of
any grading or
building permits and
prior to any ground
disturbing activities
After survey results
and prior to the
commencement of
construction
activities, if San
Francisco Bay
spineflower are
identified on-site

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Packet Pg. 1093 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
to approval by the City’s Planning
Department and CDFW.

If avoidance is infeasible, the qualified
biologist shall ensure seed collection
for affected special-status plants is
completed and plants are reestablished at a minimum of a one-toone ratio (number of newly established plants relative to the number of plants
impacted) in a preserved, suitable
habitat approved by the City and
CDFW. The project applicant shall
document and submit proof of
compliance to the City’s Planning
Department and CDFW.

Re-established special-status plant
populations shall be monitored annually
by the project applicant in accordance
with an approved Habitat Mitigation and
Monitoring Plan prepared in
consultation with the City’s Planning
Department, with annual monitoring
taking place for a minimum of five
years. The Habitat Mitigation and
Monitoring Plan shall include criteria,
subject to approval by all applicable
agencies, including the City’s Planning
Department, USFWS, and CDFW,
detailing the survival ratio required of
re-established populations and
performance standards for further
replanting for any re-established
During construction
activities
Annually for a
minimum of five
years after reestablishment of
plants

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Packet Pg. 1094 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
special-status plant species that do not
survive. Reports describing
performance results shall be prepared
by a qualified biologist and shall be
submitted to the City’s Planning
Department for years one, three, and
five of the monitoring period.

4.1-2 Have a substantial
adverse effect, either
directly (e.g., cause a
wildlife population to
drop below selfsustaining levels,
threaten to eliminate an
animal community) or
through habitat
modifications, on
migratory birds and
raptors protected under
the MBTA.

4.1-2 To ensure compliance with protections
for migratory birds under the MBTA and
the CFGC, the measures outlined
below shall be implemented prior to the
commencement of construction
activities. Evidence of compliance shall
be submitted to the City’s Planning
Department for review and approval
prior to the commencement of
construction activities.

1. If construction activities are
scheduled to occur outside of
the breeding season (i.e.,
September 15 through January
15), pre-construction surveys
or other mitigation measures
are not necessary.

2. If construction activities are
scheduled to occur during the
breeding season (i.e., January
15 through September 15), a
preconstruction nesting bird
survey shall be conducted on
the identified work area and a
buffer zone (see #3, below).

City of Pacifica
Planning
Division
Prior to the
issuance of grading
or building permits
and at least seven
days prior to start of
construction (if in
nesting season)

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Packet Pg. 1095 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
The survey shall be performed
by a qualified biologist
experienced with nesting
behavior of birds of the region
no more than seven days prior
to the initiation of work. A
second focused survey shall
be conducted within 48 hours
prior to construction activities
that would occur during the
nesting/breeding season. If
ground disturbance activities
are delayed following a survey,
then an additional
preconstruction survey shall be
conducted such that no more
than two weeks will have
elapsed between the last
survey and the
commencement of ground
disturbance activities. If a lapse
of project-related activities of
seven days or longer occurs,
another focused survey shall
be conducted before project
activities can be reinitiated. If
nesting or breeding activity is
not observed, work may
proceed without restrictions.

To the extent allowed by
access, all active nests
identified within 250 feet of
construction activities,
including equipment staging,
Immediately prior to
and during initial
grading/construction

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Packet Pg. 1096 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
for raptors and 100 feet for
other protected bird species
shall be mapped.

3. For any active nests found
near the construction limits (76
m [250 ft] for raptors and 33 m
[100 ft] for other protected bird
species), the project biologist
shall make a determination as
to whether or not construction
activities are likely to disrupt
reproductive behavior. If
construction is determined
unlikely to disrupt breeding
behavior, construction may
proceed. If construction is
determined to potentially
disrupt breeding, the
construction-free buffer zone
shall be expanded; avoidance
is the only mitigation available.

The ultimate size of the
construction-free buffer zone
may be adjusted by the project
biologist based on the species
involved, topography, lines of
site between the work area and
the nest, physical barriers, and
the ambient level of human
activity. For raptors, the project
biologist shall contact CDFW
and/or the USFWS Division of
Migratory Bird Management for
Throughout
construction near
active nests

1.f
Packet Pg. 1097 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Impact
Number Impact Mitigation Measures
Monitoring
Agency
Implementation
Schedule Sign-off
guidance regarding site
evaluations and buffer
adjustments.

If construction activities are
determined likely to disrupt
raptor breeding, construction
activities within the
construction-free buffer zone
may not proceed and project
personnel or equipment shall
not be allowed to enter the
protective buffer until the
project biologist determines
that the nest is unoccupied and
the young have fully fledged.

4. If the project contractor, in
consultation with the City,
determines that maintenance
of a construction-free buffer
zone is not practicable, active
nests shall be monitored by a
qualified biologist to document
breeding and rearing behavior
of the adult birds. The qualified
biologist shall observe any
identified active nests prior to
the start of any constructionrelated activities to establish a behavioral baseline of the
adults and any nestlings, and
the nest site(s) shall be
monitored by the biologist
After fledging or
nest inactivity is
confirmed

1.f
Packet Pg. 1098 Attachment: ATT E_Draft Dev Permit Approvals Resolution+COA+MMRP_570 Crespi Drive (1) (6098 :

Final EIR
570 Crespi Drive Project
September 2025
Chapter 3 – Mitigation Monitoring and Reporting Program