RESOLUTION NO. 2025-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PACIFICA RECOMMENDING THAT THE CITY COUNCIL DENY
ENACTMENT OF AN ORDINANCE REZONING RZ-211-22 AND
DISAPPROVAL OF THE DEVELOPMENT PLAN DP-87-22; AND
RECOMMENDING DISAPPROVAL OF THE SPECIFIC PLAN SP-180-22, TO
DENY RECLASSIFICATION OF THE EXISTING HILLSIDE PRESERVATION
DISTRICT (HPD) OVERLAY TO PERMIT LAND DISTURBANCE
CONSISTENT WITH PACIFICA MUNICIPAL CODE (PMC) SECTION 9-4.2256 AT 650 CAPE BRETON DRIVE (APN 018-170-060, 022-320-200)(FILE NO. 2022- 037)
______________________________________________________________________ Initiated by: Patrick Lam, ENGO Incorporated (“Applicant”) WHEREAS, an application has been submitted to allow for continued single family residential use through a rezone from R-1(Single-Family Residential)/Hillside Preservation District (HPD) and C-R (Commercial Recreation)/HPD to P-D/HPD and reclassification of the existing HPD overlay to permit land disturbance consistent with Pacifica Municipal Code (PMC) Section 9-4.2256 at 650 Cape Breton Drive (APN 018-170-060, 022-320-200) in Pacifica (File No. 2022- 037)(“Project”); and
WHEREAS, the Project site is located in the R-1/HPD (Single-Family Residential/ Hillside Preservation District) and C-R/HPD (Commercial Recreation/Hillside Preservation District) Zoning District; and
WHEREAS, development in the Hillside Preservation District requires a rezone to P-D (Planned Development) Zoning District from R-1/HPD and C-R/HPD Zoning District per Pacifica Municipal Code (PMC) Section 9-4.2256, and a reclassification of the existing HPD overlay through the Development Plan per PMC Section 9-4.2256, which requires the Commission’s recommendation of Council’s adoption of a Development Plan; and WHEREAS, the Project’s location in the P-D (Planned Development) Zoning District requires approval of a Specific Plan prior to issuance of a retroactive grading permit because development in the P-D district must demonstrate proper orientation, desirable design character, and compatible land uses, per PMC Section 9-4.2210; and WHEREAS, once the Project is approved, issuance of a building permit for installation of a prefabricated carport in front of the existing single-family residence would be required to comply with PMC Section 9-4.2259(a); and
WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on August 4, 2025, at which time it considered all oral and documentary evidence presented and incorporated all testimony and documents into the record by reference; and WHEREAS, the Planning Commission was unable to make findings for recommending the City Council to enact an ordinance approving Rezoning (RZ-211-22) and Development Plan (DP-87-22) and approving Specific Plan (SP-180-22) during the August 4, 2025 meeting and continued the item to date uncertain; and
WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on November 17, 2025 (continued from the August 4, 2025, meeting), at which time A-2
it considered all oral and documentary evidence presented and incorporated all testimony and documents into the record by reference; and
WHEREAS, the Planning Commission determined that certain findings could not be made to support the Project and a recommendation of denial of enactment of the Rezoning (RZ-211-22), and recommendation of disapproval of the Development Plan (DP-87-22), which negated the need to make findings for disapproval of the Specific Plan (SP-180-22) was made by the Planning Commission; and
WHEREAS, because the Planning Commission could not make certain findings to support the Project, no determination under the California Environmental Quality Act (CEQA) is necessary, as CEQA does not apply to projects in which a public agency rejects or disapproves per Cal. Code Regs., tit. 14, § 15270(a).
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Pacifica as follows:
A. The above recitals are true and correct and material to this Resolution.
B. In making its findings, the Planning Commission relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does not need any review under the California Environmental Quality Act (CEQA) as CEQA does not apply to projects in which a public agency rejects or disapproves per Cal. Code Regs., tit. 14, § 15270(a), “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, this action recommending denial of the Project approvals is exempt from CEQA.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica recommends that the City Council deny approval of Rezoning RZ-211-22 to the City Council to change the zoning classification of the site from R-1/HPD and C-R/HPD to P-D/HPD (Planned Development with Hillside Preservation District Overlay) from the existing zoning classifications, and further recommends disapproval of Development Plan DP-87-22, because the Planning Commission was unable to make the following findings required by PMC Section 9-4.2206 for the reasons set forth below:
(1) Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.
The proposed project does not create an environment of sustained desirability and stability and does not provide adequate assurance that objectives for development would be attained. The benefit of the corrective grading action does not equate to a sustained outcome.
(2) The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.
The grading has had detrimental effects to surrounding uses, has altered the land and altered the drainage on the property, and has created potential hazardous A-3
effects. The rezoning to P-D would not have a beneficial effect which would not be achieved through other districts.
(3) The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified.
The proposed development does not align with the intent of the P-D District in PMC section 9-4.2202 because the project is not substantially compatible with the surrounding uses.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica was unable to make the following findings pertaining to Specific Plan SP-180-22:
(1) That the specific plan is consistent with the approved development plan.
Because the findings for the Development Plan cannot be made, the Specific Plan cannot be approved and this finding cannot be made.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica hereby recommends that the City Council deny enactment of an ordinance rezoning RZ-211-22 and recommends disapproval of Development Plan DP-87-22; and recommends disapproval of the Specific Plan SP-180-22 to deny reclassification of the existing Hillside Preservation District (HPD) Overlay to permit land disturbance consistent with PMC Section 9-4.2256.
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Passed and adopted at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 17th day of November 2025.
AYES, Commissioner Hauser, Devine, Godwin, Redfield, Davis NOES, None
ABSENT, Commissioner Berman, Ferguson
ABSTAIN, None
______________________________
Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Samantha Updegrave, Michelle Kenyon, City Attorney
Community Development Director