RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
DETERMINING THAT THE RELOCATION OF SAND/SOIL FROM THE
COVERED ARENA TO DEVELOPED AREAS OUTSIDE OF AND AROUND
THE PERIMETER OF THE COVERED ARENA ON THE PROPERTY IS NOT
CONSIDERED DEVELOPMENT AND IS NOT SUBJECT TO LEGISLATIVE
OR DEVELOPMENT PERMITS UNDER THE HILLSIDE PRESERVATION
DISTRICT (HPD) PROVISIONS IN ARTICLE 22 AND 22.5 OF TITLE 9, CHAPTER 4 OF THE PACIFICA MUNICIPAL CODE (PMC) 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, any development in the Hillside Preservation District requires a rezone to PD (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 City Council’s adoption of a Development Plan; and
WHEREAS, development in the P-D (Planned Development) Zoning District requires approval of a Specific Plan and the project must demonstrate proper orientation, desirable design character, and compatible land uses, per PMC Section 9-4.2210; and WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on August 4, 2025, to consider the Project, and continued to a date uncertain; and WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on November 17, 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, at that same meeting, the Planning Commission determined that certain findings could not be made to support the Project and adopted Resolution No. 2025-016 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) and negated the needed to make a CEQA determination; and
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WHEREAS, the City Council of the City of Pacifica did hold a duly noticed public hearing on February 23 2026, and gave direction to staff to research and analyze the definition of “development” to determine if the retroactive grading permit to correct the illegal grading is the type of “development” intended to be encompassed within and subject to all of the regulatory standards in Article 22 (Planned Development-PD) and Article 22.5 (Hillside Preservation District) of Title 9, Chapter 4 of the Pacifica Municipal Code and continued to a date uncertain; and WHEREAS, the City Council of the City of Pacifica did hold a duly noticed public hearing on April 27 2026, at which time it considered all oral and documentary evidence presented, and incorporates all testimony and documents into the record by reference; and WHEREAS, at that same meeting, the City Council of the City of Pacifica determined that the application to rezone and reclassify the existing HPD overlay through the Development Plan and Specific Plan to permit land disturbance is not considered “development” and therefore does not require 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 nor is the approval of a Development or a Specific Plan required; and WHEREAS, because no discretionary action is being taken on the application to rezone and reclassify the existing HPD overlay through the Development Plan and Specific Plan, no review under the California Environmental Quality Act (CEQA) is necessary pursuant to CEQA Guidelines sections 15268, 15270, 15378(c).
NOW, THEREFORE BE IT RESOLVED by the City Council 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 City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
BE IT FURTHER RESOLVED that the City Council hereby determines that the application for the Project does not require the application of Rezoning (RZ-211-22), Development Plan (DP-87-22) and Specific Plan SP-180-22 because the relocation of soil/sand from the Covered Arena does not constitute “development” that would be subject to the requirements the Hillside Preservation District (HPD) in Articles 22 and 22.5 of Chapter 4, Title 9 of the Municipal Code as it does not involve any residential or structural development and would not have any detrimental effect on the land within the HPD or create any potentially hazardous conditions particular to hillsides.
BE IT FURTHER RESOLVED that this determination is specific to this project and the City Council reserves its right to analyze future projects located within the HPD based on the specific facts and determinations relative to each project. * * * * *
PASSED AND ADOPTED this 27th day of April, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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______________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney