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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 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 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. 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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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 4930-2711-2572 v1
Exhibit A – Zoning Map