Chapter 4 — ZONING

Article 1. - Title, Adoption, and Purpose

Sec. 9-4.101. - Title.

This chapter shall be known and cited as "The City of Pacifica Zoning Regulations".

(§ 22.02, Ord. 363)

Sec. 9-4.102. - Adoption.

There is hereby adopted a zoning plan for the City, said zoning plan being a districting plan as provided by law.

(§ 1.01, Ord. 363)

Sec. 9-4.103. - Purpose.

The purpose of this chapter is to promote the growth of the City in an orderly manner and to promote the public health, safety, comfort, and general welfare.

The zoning or districting plan effectuated by the provisions of this chapter is a specific plan based upon the general plan and consists of the establishment of various districts, including all the territory within the boundaries of the City, within which the use of land and buildings, the space of buildings, and the height and bulk of buildings are regulated.

No buildings or structures shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose other than as permitted by, and in conformance with, the provisions of this chapter and all other laws and maps referred to in this chapter.

(§§ 2.01, 2.02, and 2.03, Ord. 363)

Article 2. - Definitions

Sec. 9-4.201. - Scope.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article.

(§ 19.01, Ord. 363)

Sec. 9-4.202. - Advertising structure.

(§ 19.02, Ord. 363; repealed by § I (A), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.202.1. - Access.

"Access" shall mean an opening in a fence, wall or structure or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use.

(§ I (B), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.202.2. - Access, lateral.

(§ I (C), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.202.3. - Access, vertical.

(§ I (D), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.202.4. - (Not used). Sec. 9-4.202.5. - Accessory use.

"Accessory use" shall mean a use of a building or site, or a portion of a building or site, which use is incidental or subordinate to the principal use conducted on or occupying a site.

(§ I (E), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.202.6. - Adult business.

"Adult business" shall mean any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, such as adult book stores, adult motion pictures, theaters, adult entertainment, or similar adult activities, but not including bars or liquor stores.

(§ I (F), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.203. - Aerial.

"Aerial" shall mean a radio or television transmitting or receiving device consisting of one, or any combination, of the following elements:

(a)

A tower (a vertical framework which supports either an antenna or a mast);

(b)

A mast (a vertical element consisting of a tube or rod which supports an antenna);

(c)

An antenna (a horizontal or vertical element or array attached to a mast or to a tower);

(d)

Guy wires necessary to insure safety and stability; and

(e)

A dish (a broadcast device which receives microwave signals from a satellite).

(§ 19.023, Ord. 363, as added by § 3, Ord. 463, as amended by § II, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.204. - Agriculture.

"Agriculture" shall mean the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock, farming, dairying, or animal husbandry.

(§ 19.03, Ord. 363)

Sec. 9-4.205. - Alley.

"Alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.

(§ 19.04, Ord. 363)

Sec. 9-4.205.1. - Alternative financial services.

"Alternative financial services" shall mean the use defined in Section 9-4.2317(a).

(§ 3, Ord. 830-C.S., eff. January 1, 2018)

Sec. 9-4.206. - Apartment.

"Apartment" shall mean a room or suite of two (2) or more rooms which room or suite is designed for, intended for, or occupied by one family for living or sleeping purposes and doing its cooking therein.

(§ 19.05, Ord. 363)

Sec. 9-4.207. - Apartment house.

"Apartment house" shall mean any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building. This shall include flats and apartments. (Also see "Dwelling, multiple", Section 9-4.235 of this article.)

(§ 19.06, Ord. 363)

Sec. 9-4.208. - Automobile court or motel.

"Automobile court or motel" shall mean a building, or group of two (2), or more detached or semidetached buildings, containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which building or group of buildings is designed and used for the accommodation of transient automobile travelers.

(§ 19.07, Ord. 363)

Sec. 9-4.208.1. - Bank.

"Bank" shall mean a federally or state chartered bank.

(§ 3, Ord. 830-C.S., eff. January 1, 2018)

Sec. 9-4.209. - Basement.

"Basement" shall mean a story partly underground and having at least one-half (½) of its height above grade. A basement shall be counted as a story if the vertical distance from the grade to the ceiling is over five (5′) feet, or if used for business purposes, or if used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same. A basement shall not be counted as a story or in the prescribed height limit when in an apartment house and the majority of its space is used for meeting the parking requirements of such building.

(§ 19.08, Ord. 363)

Sec. 9-4.209.1. - Bay windows.

"Bay window" shall mean a window, or set of windows, which projects from the exterior wall of the building exclusive of floor area.

(§ V (B), Ord. 613-C.S., eff. April 13, 1994)

Sec. 9-4.210. - Block.

"Block" shall mean that property abutting one side of a street and lying between the two (2) nearest intersecting streets or between the nearest intersecting street and railroad right-of-way, unsubdivided acreage, or a watercourse.

(§ 19.09, Ord. 363)

Sec. 9-4.211. - Boardinghouse.

"Boardinghouse" shall mean a dwelling other than a hotel where lodging and meals for five (5) or more persons are provided for compensation.

(§ 19.10, Ord. 363)

Sec. 9-4.212. - Building.

"Building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or chattel.

(§ 19.11, Ord. 363)

Sec. 9-4.213. - Building, accessory.

"Accessory building" shall mean a subordinate building the use of which is incidental to that of the main building on the same lot and/or building site.

(§ 19.12, Ord. 363)

Sec. 9-4.214. - Building, conforming.

"Conforming building" shall mean a building which is designed, or which is adaptable without alteration, for a use allowable in the district in which the building is situated.

(§ 19.13, Ord. 363)

Sec. 9-4.215. - Building coverage.

"Building coverage" shall mean all enclosed floor area which occupies a building site. This definition shall include second story cantilevered floor area. Balconies, if not enclosed, roof overhangs, eaves, and similar architectural features shall not be included.

(§ 19.14, Ord. 363, as amended by § II, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.216. - Building, main.

"Main building" shall mean a building in which is conducted the principal use of the lot and/or building site on which the building is situated.

(§ 19.15, Ord. 363)

Sec. 9-4.217. - Building, nonconforming.

"Nonconforming building" shall mean a building which is designed or so arranged in such a manner that it is not suited to a use allowable in the district in which the building is situated.

(§ 19.16, Ord. 363)

Sec. 9-4.218. - Building site.

"Building site" shall mean a lot or parcel of land which meets all of the requirements of this chapter with respect to area and dimensions in the district in which such lot or parcel is located and having its principal frontage on a public street, road, highway, or private road approved by the City.

(§ 19.17, Ord. 363)

Sec. 9-4.219. - Business, retail.

"Retail business" shall mean the retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.

(§ 19.18, Ord. 363)

Sec. 9-4.220. - Business, wholesale.

"Wholesale business" shall mean the wholesale handling of any article, substance, or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacturing of any product or substance.

(§ 19.19, Ord. 363)

Sec. 9-4.220.1. - Camper.

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.221. - Carport.

"Carport" shall mean a covered structure open on one or more sides and used for the parking of one or more automobiles.

(§ 19.20, Ord. 363)

Sec. 9-4.222. - Car wash, automatic.

"Automatic car wash" shall mean an area of land or structure with machinery and/or employee operated facilities used principally for the cleaning, washing, drying, polishing, or waxing of motor vehicles.

(§ 19.201, Ord. 363, as added by § 3, Ord. 382)

Sec. 9-4.223. - Car wash, self-service.

"Self-service car wash" shall mean an area of land or structure maintained and operated for the use of private individuals to clean, wash, polish, and wax their own motor vehicles.

(§ 19.202, Ord. 363, as added by § 3, Ord. 382)

Sec. 9-4.224. - Car wash, self-service portable.

"Portable self-service car wash" shall mean removable car cleaning and waxing equipment which is physically located on service station property and is maintained and operated for the use of private individuals to clean, wash, polish, and wax their own motor vehicles.

(§ 19.203, Ord. 363, as added by § 3, Ord. 425)

Sec. 9-4.225. - (Repealed)

(§ 19.21, Ord. 363; § 3, Ord. 453, § II, Ord. 440-85, eff. March 13, 1985; § I(G), Ord. 491-C.S., eff. October 28, 1987; § 4C, Ord. No. 894-C.S., eff. January 10, 2024; repealed by Ord. No. 902-C.S., § 6(Exh. A, § 2), eff. September 24, 2025)

Sec. 9-4.226. - Club.

"Club" shall mean premises occupied by a group of associated persons or an organization organized for social, charitable service, fraternal, professional, or trade purposes, except where the chief activity of which is a service customarily carried on as a business.

(§ 19.22, Ord. 363)

Sec. 9-4.226.1. - Coastal Appeals Zone.

(§ I (H), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.226.2. - Coastal development permit.

(§ I (I), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994) Sec. 9-4.226.3. - Coastal scenic view corridor.

(§ I (J), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994) Sec. 9-4.226.4. - Coastal Zone.

(§ I (K), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.227. - Combining district.

"Combining district" shall mean any district which can be combined with another district pursuant to the provisions of this chapter for the purpose of adding additional special regulations or regulations in place of the normal regulations effective in said districts.

(§ 19.23, Ord. 363)

Sec. 9-4.228. - Commission.

"Commission" shall mean the Planning Commission of the City.

Sec. 9-4.229. - Communications equipment building.

"Communications equipment building" shall mean a structure housing operating electrical and mechanical equipment necessary for the conduct of a public utility communications business, with or without personnel.

(§ 19.24, Ord. 363)

Sec. 9-4.229.1. - Community care facilities.

"Community care facility" shall mean any facility, place, or building that is maintained and operated to provide non-medical residential care, treatment, adult daycare, or foster family agency services, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes uses listed in Section 1502(a) of the California Health and Safety Code, as may be amended from time to time. A "community care facility" shall not include a "family daycare home."

(§ 4C, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.230. - Condominium.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment house, office, or store. "Condominium" may include, in addition, a separate interest in any other portion of such real property.

(§ 19.25, Ord. 363)

Sec. 9-4.231. - Crop and tree farming.

"Crop and tree farming" shall mean the raising of, but not the sale on the premises of, any form of vegetation for profit.

(§ 19.26, Ord. 363)

Sec. 9-4.231.05. - Development.

(§ I (L), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.231.1. - Dimensional standards.

"Dimensional standards" shall mean all setbacks, height requirements, lot area requirements, and lot coverage requirements specified in the applicable zoning district at the time of the adoption of this Code.

(Ord. 184-C.S., eff. November 11, 1976)

Sec. 9-4.232. - District.

"District" shall mean a portion of the City within which certain uses of land and buildings are permitted or prohibited, certain yards and other open spaces are required, certain height limits are established for buildings, and other regulations are set forth, all as specified in this chapter.

(§ 19.27, Ord. 363)

Sec. 9-4.233. - Dwelling.

"Dwelling" shall mean a building, or portion thereof, used or designed and intended to be used for human habitation, including sleeping purposes.

(§ 19.28, Ord. 363)

Sec. 9-4.234. - Dwelling group.

"Dwelling group" shall mean a group of two (2) or more detached single-family, two-family, or multiplefamily dwellings occupying a parcel or parcels of land in one ownership and/or having any yard or court in common.

(§ 19.31, Ord. 363, as amended by § 3, Ord. 585-C.S., eff. February 12, 1992)

Sec. 9-4.235. - Dwelling, multiple.

"Dwelling, multiple" shall mean a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.

(§ 19.30, Ord. 363)

Sec. 9-4.236. - Dwelling, one-family.

(§ 19.29, Ord. 363; repealed by § I (M), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.237. - Dwelling, single-family.

"Single-family dwelling" shall mean a building designed for, or used to house, not more than one family, including all necessary employees of such family.

(§ 19.32, Ord. 363)

Sec. 9-4.238. - Dwelling unit.

"Dwelling unit" shall mean a room or suite of two (2) or more rooms which room or suite is designed for, intended for, or occupied by one family doing its own cooking therein and having only one kitchen.

(§ 19.33, Ord. 363)

Sec. 9-4.239. - Family.

"Family" shall mean a group of individuals living together in a dwelling unit as a single housekeeping unit. Nothing in the definition of family shall be construed to require persons with disabilities be subject to any potential special regulations such as the number of persons, population types, licenses, higher discretionary standards or other requirements that do not apply to other residential uses in the same zoning district.

(§ 19.34, Ord. 363; § 6(Exh. A, § 2), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.239.1 - Family daycare homes.

"Family daycare homes" shall mean establishments providing day care for fourteen (14) or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care home is considered an activity allowed as part of residential use in any zoning district in which residential uses are either permitted or conditionally permitted.

(§ 6(Exh. A, § 3), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.239.2 - Financial institution.

"Financial institution" shall mean a federally or state chartered credit union, mortgage lender, savings and loan association, industrial loan company, or a non-profit financial institution or other provider of financial services, but specifically excluding any provider of alternative financial services.

(§ 3, Ord. 830-C.S., eff. January 1, 2018; § 6(Exh. A, § 3), Ord. No. 902-C.S., eff. September 24, 2025)

Editor's note— Ord. No. 902-C.S., § 6(Exh. A, § 3), effective September 24, 2025, renumbered § 9-4.239.1 as § 9-4.239.2.

Sec. 9-4.239.3 - Floor area.

"Floor area" shall mean the gross measurement of all enclosed floor area from outside wall to outside wall with the following exceptions:

(a)

Garages;

(b)

Areas where there is no floor (i.e. "open-to-below" areas);

(c)

Outdoor decks and patios, whether covered or uncovered.

(§ 1, Ord. 585-C.S., eff. February 12, 1992; § 2, Ord. 830-C.S., eff. January 1, 2018; § 6(Exh. A, § 4), Ord. No. 902-C.S., eff. September 24, 2025)

Editor's note— Ord. No. 902-C.S., § 6(Exh. A, § 4), effective September 24, 2025, renumbered § 9-4.239.2 as § 9-4.239.3.

Sec. 9-4.239.4. - Floor area, gross leasable.

"Gross leasable floor area" shall mean the total area that is designed for use by a commercial tenant plus common areas, common bathrooms, and other parts of the building not directly occupied by a tenant.

(§ 6(Exh. A, § 4), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.240. - Guest house.

"Guest house" shall mean an accessory building, with no cooking facilities, designed and/or used for overnight occupancy only and not as a living unit.

(§ 19.35, Ord. 363)

Sec. 9-4.241. - Garage.

"Garage" shall mean an individually accessible and usable enclosed and covered space used for the parking of one or more automobiles.

(§ 19.36, Ord. 363)

Sec. 9-4.242. - Garage, public.

"Public garage" shall mean any building or premises used for the storage and/or repair of self propelled vehicles.

(§ 19.37, Ord. 363)

Sec. 9-4.242.1. - Greenhouse/solarium.

"Greenhouse/solarium" shall mean a glassed enclosure, either attached or detached to the main unit. If attached to the main unit, the structure shall be separated by walls and/or a door from the main unit.

(§ V (A), Ord. 613-C.S., eff. April 13, 1994)

Sec. 9-4.242.2. - Health/fitness club.

"Health/fitness club" shall mean a privately owned facility used primarily for the conduct of any one or more of the following uses: exercise classes, tennis, handball, weightlifting, personal training, stationary or nonstationary cycling, boxing, martial arts, gymnastics, wrestling, cross-functional training, indoor rock climbing, yoga, Pilates, swimming, or any other form of exercise or sports use similar in nature as determined by the Planning Director. This land use may also include massage therapy, saunas, and limited retail including, but not limited to, retail restaurants, as accessory uses to the primary fitness use(s) enumerated above. Any massage therapy use that is associated with health/fitness club uses, as described

above, must comply with the floor area standards contained in Pacifica Municipal Code Section 9-4.1001(a) (2) or 9-4.1001(b)(10), whichever is applicable.

(§ 2, Ord. 846-C.S., eff. September 11, 2019)

Sec. 9-4.243. - Height of buildings.

See Height Limits (Article 25).

(§ 19.38, Ord. 363, as amended by § 1, Ord. 451-85, eff. October 10, 1985; § 6(Exh. A, § 5), Ord. No. 902C.S., eff. September 24, 2025)

Sec. 9-4.244. - Home occupation.

"Home occupation" shall mean an occupation for compensation, which occupation is carried on by the occupants of a dwelling in accordance with the provisions of Article 31 of this chapter.

(§ 19.39, Ord. 363)

Sec. 9-4.245. - Hotel.

"Hotel" shall mean a building, or portion thereof, containing six (6) or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied, or which are occupied, by six (6) or more individuals for compensation, whether the compensation for hire shall be paid directly or indirectly.

(§ 19.40, Ord. 363)

Sec. 9-4.245.1. - House car.

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.246. - Household appliance.

"Household appliance" shall mean and include articles normally found and/or associated with a household, such as a refrigerator or stove, which is operated by gas, electric, current, or a small motor.

(§ 19.40.1, Ord. 363, as added by § 3, Ord. 453)

Sec. 9-4.247. - Household furniture and goods.

"Household furniture and goods" shall mean personal property normally associated with goods in a household.

(§ 19.40.2, Ord. 363, as added by § 3, Ord. 453)

Sec. 9-4.248. - Junk yard.

"Junk yard" shall mean the use of more than 100 square feet of the area of any lot for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or wrecking of automobiles, or other vehicles, or machinery, whether for sale or storage.

(§ 19.41, Ord. 363)

Sec. 9-4.249. - Kennel.

"Kennel" shall mean a place, building, or area used to keep, board, or train animals for commercial purposes.

(§ 19.42, Ord. 363, as amended by § I (N), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.250. - Kitchen.

"Kitchen" shall mean any room used, or intended or designed to be used, for cooking and preparing food.

(§ 19.43, Ord. 363)

Sec. 9-4.251. - Landscaping.

"Landscaping" shall mean plant and inorganic materials installed on the site to produce a pleasant aesthetic effect and to complement the structures constructed upon the site.

(§ 19.44, Ord. 363)

Sec. 9-4.252. - Loading space.

"Loading space" shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which space or berth abuts upon a street, alley, or other appropriate means of access.

(§ 19.45, Ord. 363)

Sec. 9-4.252.1. - Local Coastal Implementation Plan (LCIP).

(§ I (O), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.252.2. - Local Coastal Land Use Plan (LCLUP).

(§ I (P), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994) Sec. 9-4.252.3. - Local Coastal Program (LCP).

(§ I (Q), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994) Sec. 9-4.253. - Lot.

(See "Building site", Section 9-4.218 of this article.)

(§ 19.46, Ord. 363)

Sec. 9-4.254. - Lot line, front.

"Front lot line" shall mean, in the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street.

(§ 19.47, Ord. 363)

Sec. 9-4.255. - Lot line, rear.

"Rear lot line" shall mean, ordinarily, that line of a lot which is generally opposite and most distant from the front line of such lot and, in the case of a triangular or gore-shaped lot, a line ten (10′) feet in length within the lot parallel to, and at the maximum distance from, the front line of the lot. In cases in which the provisions of this section are not applicable, the Zoning Administrator shall designate the rear lot line.

(§ 19.48, Ord. 363)

Sec. 9-4.256. - Lot line, side.

"Side lot line" shall mean any lot boundary not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.

(§ 19.49, Ord. 363)

Sec. 9-4.257. - Lot width.

"Lot width" shall mean the horizontal distance between the side lot lines measured at the required front setback line.

(§ 19.50, Ord. 363)

Sec. 9-4.257.1. - Lot depth.

"Lot depth" shall mean the horizontal length of a straight line connecting the midpoint of the front lot line and the midpoint of the rear lot line.

(§ I (R), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.257.2. - Mixed use residential.

"Mixed use residential" shall mean a development project with both residential and non-residential uses which are either located together in a single building, or in separate buildings on a single site.

(§ 6(Exh. A, § 6), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.258. - Mobile home park.

"Mobile home park" shall mean any place, area, or tract of land offered to the public for the accommodation of any trailer or any place, area, or tract of land used for the accommodation of two (2) or more trailers, whether or not offered to the public for such use, but excluding any place, area, or tract of land used for the accommodation of two (2) or more trailers for the purpose of their sale only.

(§ 19.51, Ord. 363)

Sec. 9-4.258.1. - Motor vehicle.

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.259. - Nonconforming.

"Nonconforming" shall mean not meeting the standards of the current zoning regulations.

(a)

"Nonconforming lot" shall mean a lot which does not meet the minimum lot area or dimensional standards of the zoning district in which such lot is located.

(b)

"Nonconforming use of land" shall mean the operation taking place on the land which operation, if presently initiated, would not be allowed or would be permitted only with a use permit.

(c)

"Nonconforming use of a conforming building" shall mean any use, as set forth in subsection (b) of this section, existing in a building which itself conforms to the current zoning requirements of the district.

(d)

"Use of a nonconforming building" shall mean a use, either conforming or nonconforming, of a building which does not meet the current zoning district requirements.

(e)

"Nonconforming structure" shall mean a structure, as defined in Section 9-4.278 of this article, which does not meet the setback or height standards, minimum dwelling space standards, or parking standards in force in the zoning district in which such structure is located.

(§ 19.52, Ord. 363, as amended by Ord. 184-C.S., eff. November 11, 1976, and § XI, Ord. 641-C.S., eff. May 8, 1996)

Sec. 9-4.260. - Open ground area.

"Open ground area" shall mean all landscaped and recreation areas, walks, and open patios but shall not include driveways or parking areas.

(§ 19.53, Ord. 363)

Sec. 9-4.260.1. - Open space, required.

"Required open space" shall mean a front, side, or rear yard provided on the same parcel as a building to meet the requirements of this chapter.

(§ 1, Ord. 23-C.S., eff. June 23, 1971)

"Usable open space" shall mean common or private outdoor living, recreation, domestic use, or landscaping. Such area may be on the ground or on a roof, porch, deck, court, or balcony. Off-street parking areas or driveway and/or exit corridors shall not be included as usable open space. Any separate area to qualify under this definition shall be a minimum of four (4′) feet by ten (10′) feet. Usable open space shall not have a slope of more than ten (10%) percent.

(§ 1, Ord. 23-C.S., eff. June 23, 1971, as amended by § I (S), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.260.3. - Organized off-road vehicle park.

(§ 1, Ord. 197-C.S., eff. April 13, 1977; repealed by § 2, Ord. 862-C.S., eff. May 25, 2021)

Sec. 9-4.260.4. - Outdoor common area.

"Outdoor common area" shall mean that area surrounding buildings which area is either held as a permanent common or a private outdoor area which use is intended for outdoor living or recreation or maintained in permanent landscaping. Such area shall be unoccupied or unobstructed by buildings or structures from the ground upward, except that recreational facilities, such as swimming pools and club or recreational buildings, may be included.

(§ 1, Ord. 23-C.S., eff. June 23, 1971, as renumbered by § 1, Ord. 197-C.S., eff. April 13, 1977)

Sec. 9-4.261. - Parking space.

"Parking space" shall mean an individually accessible and usable space used for the parking of one automobile and meeting the provisions of this chapter.

(§ 19.54, Ord. 363)

Sec. 9-4.262. - Paved area.

"Paved area" shall mean an area which is graded for proper drainage covered with a dustproof all-weather surfacing.

(§ 19.55, Ord. 363)

Sec. 9-4.263. - Personal appliance.

"Personal appliance" shall mean an item of personal property and intimate belonging related to or affecting a person, which appliance is of a mechanical nature.

(§ 19.55.1, Ord. 363, as added by § 3, Ord. 453)

Sec. 9-4.263.1. - Primary frontage street.

"Primary frontage street" shall mean the street that the main façade of a building fronts onto, typically containing the primary public entrance and oriented toward the public space.

(§ 6(Exh. A, § 7), Ord. No. 902-C.S., eff. September 24, 2025

Sec. 9-4.264. - Professional office.

"Professional office" shall mean an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, engineering, surveying, physician, dentist, photographer, real estate, insurance, collection agent, social work, private detective, medical or dental laboratory, city planning, prescription pharmacy, or mortician, but not including the following uses: barber or beauty shop, contractor (equipment involved or not), pest control, or drugstore.

(§ 19.56, Ord. 363)

Sec. 9-4.265. - Recreational facilities.

"Recreational facilities" shall mean facilities installed on the site, either inside or outside of structures, for the active and/or passive enjoyment of persons residing on or visiting the site.

(§ 19.57, Ord. 363)

Sec. 9-4.265.1 - Restaurant.

"Restaurant" shall mean an eating establishment that sells food primarily for consumption on-site and has more than one seat per one hundred fifty (150′) square feet gross leasable floor area. Such establishments serve food cooked-to-order and provide table service. Typical restaurants include, but are not limited to, diners and dinner houses.

(§ III, Ord. 641-C.S., eff. May 8, 1996)

Sec. 9-4.265.2 - Restaurant, fast food.

"Fast food restaurant" shall mean an eating establishment whose primary use is the quick selling of food in ready-to-consume individual servings. Such food is typically served over-the-counter in pre-packaged disposable containers. Fast food restaurants have more than one seat per one hundred fifty (150′) square feet gross leasable floor area.

(§ IV, Ord. 641-C.S., eff. May 8, 1996)

Sec. 9-4.265.3 - Restaurant, retail.

"Retail restaurant" shall mean an eating establishment that serves food primarily for consumption off-site, has less than or equal to one seat per one hundred fifty (150′) square feet gross leasable floor area, and is located in a commercial space having less than or equal to 2,000 square feet gross leasable floor area. Such establishments include, but are not limited to, bakeries, delicatessens, and take-out restaurants.

(§ V, Ord. 641-C.S., eff. May 8, 1996)

Sec. 9-4.266. - Rooming house.

(See "Boardinghouse", Section 9-4.211 of this article.)

(§ 19.58, Ord. 363)

Sec. 9-4.267. - School.

"School" shall mean a public, private, or parochial educational institution offering a full curriculum as required by State law.

(§ 19.59, Ord. 363)

Sec. 9-4.267.1. - Sensitive habitat.

(§ I (T), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.268. - Service station.

"Service station" shall mean an occupancy which provides for the retail sale of motor vehicle fuel. In addition to the retail sale of motor vehicle fuel, "service station" may also include the retail sale of petroleum products and automotive accessories; the servicing of motor vehicles and operations incidental thereto; automobile washing by hand or by portable car-washing equipment; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; lubrication of motor vehicles; brake servicing (limited to the servicing and replacement of brake cylinders and brake shoes and drum turning); wheel balancing; and the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring.

(§ 19.60, Ord. 363, as amended by § 3, Ord. 425, § VI, Ord. 440-85, eff. March 13, 1985, and § 1, Ord. 538C.S., eff. December 27, 1989)

Sec. 9-4.268.1. - Service station, full-service.

"Full-service service station" shall mean a service station where motor vehicle fuel dispensing is performed by an attendant.

(§ 2, Ord. 538-C.S., eff. December 27, 1989)

Sec. 9-4.268.2. - Service station, self-service.

"Self-service service station" shall mean a service station where customers must dispense motor vehicle fuel themselves. A service station with at least one island where motor vehicle fuel is dispensed by an attendant shall not be considered self-service.

(§ 2, Ord. 538-C.S., eff. December 27, 1989)

Sec. 9-4.269. - Setback, front.

"Front setback" shall mean a clear distance from the front of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter.

(§ 19.61, Ord. 363)

Sec. 9-4.270. - Setback, rear.

"Rear setback" shall mean a clear distance from the rear of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter; provided, however, nondwelling buildings may be permitted therein.

(§ 19.62, Ord. 363, as amended by § 10, Ord 538-C.S., eff. December 27, 1989)

Sec. 9-4.271. - Setback, side.

"Side setback" shall mean a clear distance from the side of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter; provided, however, accessory buildings named therein.

(§ 19.63, Ord. 363)

Sec. 9-4.271.1. - Shore line structure.

"Shore line structure" shall mean a man-made structure designed to protect bluffs and shore line from erosion.

(§ I(U), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.271.2. - Single housekeeping unit.

"Single housekeeping unit" shall mean a residential unit where residents share the same facilities and appliances for cooking and the preparation of food, including stoves and other cooking appliances, refrigeration, and the storage or cleaning of food items.

(§ I (V), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.272. - Small animal hospital or veterinary clinic.

"Small animal hospital" or "veterinary clinic" shall mean a place where small animals, such as dogs, cats, birds, and the like, are given medical or surgical treatment. Use as a kennel shall be incidental to short-term boarding and shall be only incidental to such hospital or clinic use.

(§ 19.64, Ord. 363)

Sec. 9-4.273. - Small livestock.

"Small livestock" shall mean and include chicken hens, pigeons, pheasant or similar fowl, rabbits, chinchillas, hamsters, guinea pigs, or similar animals.

(§ 19.65, Ord. 363)

Sec. 9-4.273.1. - Special care facility.

(§ ll, Ord. 440-85, eff. March 13, 1985, as amended by § I (W), Ord. 491-C.S., eff. October 28, 1987; repealed by § 4C, Ord. No. 894-C.S., § 4C, eff. January 10, 2024)

Sec. 9-4.273.2. - Stepback.

"Stepback" shall mean a step-like recession in the profile of a building.

(§ 6(Exh. A, § 8), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.273.3. - Stoop.

"Stoop" shall mean a raised platform, approached by steps and sometimes having a roof, at the entrance of a building.

(§ 6(Exh. A, § 8), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.274. - Story.

"Story" shall mean the space between a floor and the ceiling above it used for residential purposes, or as a garage or working space, or for the purpose of selling or exhibiting merchandise or services. The number of stories of a building shall be considered equal to the highest number of stories in any vertical section of the building. The restriction of the number of stories shall not exclude additional basement or attic space used exclusively for storage or for machinery servicing the building.

(§ 19.651, Ord. 363, as added by § 3, Ord. 463)

Sec. 9-4.275. - Street.

"Street" shall mean a public thoroughfare accepted by the City, which thoroughfare affords the principal means of access to abutting property, and shall include avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

(§ 19.66, Ord. 363)

Sec. 9-4.276. - Street line.

"Street line" shall mean the boundary between a street and private property.

(§ 19.67, Ord. 363)

Sec. 9-4.277. - Structural alteration.

"Structural alteration" shall mean any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

(§ 19.69, Ord. 363)

Sec. 9-4.278. - Structure.

"Structure" shall mean anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.

(§ 19.68, Ord. 363)

Sec. 9-4.278.1. - Townhouse.

"Townhouse" shall mean an attached building containing a single dwelling unit having no other dwelling unit located above or below it.

(§ II, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.278.2. - Trailer.

(§ 2, Ord. 13-C.S., eff. April 16, 1971, as renumbered by § II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.278.3. - Trailer coach.

(§ 2, Ord. 13-C.S., eff. April 16, 1971, as renumbered by § II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.279. - Trailer court.

(See "Mobile home park", Section 9-4.258 of this article.)

(§ 19.70 Ord. 363)

Sec. 9-4.280. - Usable open space.

(§ 19.72, Ord. 363; repealed by § I, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.281. - Use.

"Use" shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is, or may be, occupied or maintained.

(§ 19.71, Ord. 363)

Sec. 9-4.282. - Use, accessory.

"Accessory use" shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot.

(§ 19.73, Ord. 363)

Sec. 9-4.282.1. - Vehicle.

"Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails.

(§ 2, Ord. 13-C.S., eff. April 16, 1971)

Sec. 9-4.282.2. - Visitor-serving commercial use.

(§ II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.283. - Yard.

"Yard" shall mean an open space, other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as set forth in Article 27 of this chapter, and except that there shall be no parking of vehicles or trailers except in a garage or on driveway aprons constructed in such yard.

(§ 19.74, Ord. 363)

Sec. 9-4.284. - Yard, front.

"Front yard" shall mean a yard extending across the full width of the lot, the depth of which is measured from the street line to the foundation line of the main building; provided, however, if any Official Plan Line has been established for such street, then such yard shall be measured from the Official Plan Line to the foundation line of the main building.

(§ 19.75, Ord. 363)

Sec. 9-4.285. - Yard, rear.

"Rear yard" shall mean a yard extending across the full width of the lot measured between the rear line of the lot and the foundation line of the main building.

(§ 19.76, Ord. 363)

Sec. 9-4.286. - Yard, side.

"Side yard" shall mean a yard between the side line of a lot and the foundation line of the building and extending from the front yard to the rear yard.

(§ 19.77, Ord. 363)

Sec. 9-4.287. - Zoning plot.

"Zoning plot" shall mean building site. (See "Building site", Section 9-4.218 of this article.)

(§ 19.78, Ord. 363, as added by § 3, Ord. 419)

Article 3. - Establishment of Districts

Sec. 9-4.301. - Established.

The districts established by the provisions of this chapter are hereby designated as follows:

(a)

Single-Family Residential District R-1

(b)

Two-Family Residential District R-2

(c)

Multiple-Family Residential District R-3

(d)

Multiple-Family Residential District R-3.1

(e)

Multiple-Family Residential Garden District R-3-G

(f)

High Rise Apartment District R-5

(g)

Multiple-Family Residential District R-30

(h)

Multiple-Family Residential District R-40

(i)

Multiple-Family Residential District R-50

(j)

Multiple-Family Residential District R-60

(k)

Neighborhood Commercial District C-1

(l)

Commercial Apartment District C-1-A

(m)

Community Commercial District C-2

(n)

Service Commercial District C-3

(o)

Professional Office District O

(p)

Commercial Recreation District C-R

(q)

Controlled Manufacturing District M-1

(r)

Industrial District M-2

(s)

Mixed-Use District MU-30

(t)

Mixed-Use District MU-40

(u)

Mixed-Use District MU-50

(v)

Mixed-Use District MU-60

(w)

Mixed-Use Institutional District MU-I-30

(x)

Mixed-Use Institutional District MU-I-40

(y)

Mixed-Use Institutional District MU-I-50

(z)

Mixed-Use Institutional District MU-I-60

(aa)

Parking District P

(bb)

Agricultural District A

(cc)

Lot Size Overlay District B-

(dd)

Public Facilities District P-F

(ee)

Planned Development District P-D

(ff)

Resource Management District R-M

(gg)

Open Space District O-S

(hh)

Multiple-Family/Low Density Residential District R-3/L.D

(ii)

Single-Family Residential Hillside District R-1-H

(jj)

Coastal Zone Combining District CZ

(kk)

Special Area Combining District SA

(ll)

Cannabis Operation Overlay District (CO)

(mm)

Multi-Family Housing Combining District (MFH-PY)

(§ 3.01, Ord. 363, as amended by § I, Ord. 412-C.S., eff. July 25, 1984, § 11, Ord. 538-C.S., eff. December 12, 1989, § 2, Ord. 541-C.S., eff. January 10, 1990, § 2, Ord. 582-C.S., eff. January 8, 1992 and § 11(A), Ord. 610-C.S., eff. March 16, 1994; § 2, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 6(Exh. A, § 9), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.302. - Zoning map.

The designations, locations, and boundaries of the districts established are delineated upon the zoning map of the City of Pacifica, California, as amended, which map and all notations and information thereon are hereby made a part of this chapter. Any land within the City limits, now or in the future, not designated or indicated as any district on the zoning map shall be immediately zoned pursuant to the Land Use Plan of the City.

The zoning map, for convenience, may be divided into section maps, and each such section map may be separately referred to or amended for the purposes of amending the zoning map. The zoning map and each of its section maps, and the notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such maps were all fully described in this chapter.

(§ 3.03, Ord. 363)

Sec. 9-4.303. - Unclassified land.

Any land within the City limits, now or in the future, not otherwise classified on the zoning map shall be in the Unclassified or U District.

(§ 3.02, Ord. 363)

Article 4. - R-1 Single-Family Residential District

Sec. 9-4.401. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-1 District:

(1)

One (1) single-family dwelling per lot;

(2)

Accessory buildings and uses;

(3)

Family daycare homes for fourteen (14) children or less;

(4)

Community care facilities for six (6) or fewer persons;

(5)

Manufactured homes consistent with Chapter 14 of Title 8 of this Code;

(6)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and

(7)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.

(b)

Conditional uses. Conditional uses allowed in the R-1 District, subject to obtaining a use permit, shall be as follows:

(1)

Churches and schools;

(2)

Parks and playgrounds;

(3)

Landscaped public or private parking lots when adjacent to any C District;

(4)

Crop and tree farming;

(5)

Mobile home parks;

(6)

(Repealed by Ord. 825-C.S., eff. November 8, 2017);

(7)

Bed and breakfast inns with no more than three (3) guest rooms;

(8)

Clustered housing pursuant to Article 24 of this chapter; and

(9)

Community care facilities for more than six (6) persons consistent with the use criteria described in Section 9-4.2315.

(§ 4.01, Ord. 363, as amended by § 2, Ord. 419, §§ I and II, Ord. 355-C.S., eff. December 8, 1982, § 1, Ord. 405-C.S., eff. May 23, 1984, and § II (A) and (B), Ord. 491-C.S., eff. October 28, 1987, § 1, Ord. 560-C.S., eff. November 7, 1990, § 1, Ord. 657-C.S., eff. December 24, 1997; § 3, Ord. 819-C.S., eff. November 7, 2017; § 5, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 2, Ord. 844C.S., eff. June 12, 2019; § 2, Ord. 854-C.S., eff. February 26, 2020; § 4D, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.402. - Development regulations.

Development regulations in the R-1 District shall be as follows:

(a)

Minimum building site area: 5,000 square feet;

(b)

Minimum lot area per dwelling unit: 5,000 square feet;

(c)

Minimum lot width: fifty (50′) feet;

(d)

Minimum front setback: fifteen (15′) feet; however, the minimum front setback to a garage entrance shall be twenty (20′) feet. The minimum setback entrance on the street side of a corner lot shall be twenty (20′) feet. (For nonconforming lots, see Section 9-4.3002 and for garages as accessory buildings, see Section 9- 4.2704).

(e)

Minimum side setback: five (5′) feet; however, the minimum exterior side yard for corner lots shall be ten (10′) feet. (For nonconforming lots, see Sec. 9-4.3002);

(f)

Minimum rear setback: twenty (20′) feet;

(g)

Minimum setback for nondwelling accessory buildings: one and a half (1½′) feet from the side or rear lot line within the rear setback, (See Sec. 9-4.2704, Accessory Buildings);

(h)

Maximum lot coverage by all structures: forty (40%) percent;

(i)

Minimum landscaped area: twenty (20%) percent. In addition, the front yard setback shall be landscaped and adequately maintained. Concrete and asphalt paving shall only be allowed on the driveways and pathways;

(j)

Maximum height: thirty-five (35′) feet; however, the maximum height for a detached accessory building shall be twelve (12′) feet;

(k)

In the case of conditional uses, additional regulations may be required;

(l)

Parking: as set forth in Article 28 of this chapter; and

(m)

Permits for site development: as set forth in Article 32 of this chapter.

(n)

Cannabis cultivation for personal use: as set forth in Article 48 of this chapter, including without limitation the prohibition on outdoor cultivation on any parcel directly abutting any School, Day Care Center, or Youth Center as those terms are defined.

(o)

Notwithstanding the provisions of this section, the development regulations for accessory dwelling units and junior accessory dwelling units shall be those set forth in Article 4.5.

(§ II, Ord. 355-C.S., eff. December 8, 1982, as amended by § II (C) and (D), Ord. 491-C.S., eff. October 28, 1987, § 2 Ord. 586-C.S., eff. February 12, 1992, § VIII (A)—(E), Ord. 613-C.S., eff. April 13, 1994, and § I, Ord. 641-C.S., eff. May 8, 1996; Ord. No. 769-C.S., § 3, eff. December 23, 2009; § 3, Ord. 819-C.S., eff. November 7, 2017; § 5, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 2, Ord. 854-C.S., eff. February 26, 2020)

Article 4.5 - Accessory Dwelling Units[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— §§ 6, 7, Ord. 825-C.S., effective November 8, 2017, repealed Art. 4.5 and enacted a new Art. 4.5 to read as set out herein. Former Art. 4.5, §§ 4.5.451—9-456, pertained the second residential units and derived from § I, Ord. 357-C.S., effective December 8, 1982; §§ I, II, Ord. 452-85, effective October 23, 1985; §§ III(A)—(C), Ord. 491-C.S., effective October 28, 1987; §§ 1—6, Ord. 584-C.S., effective February 12, 1992; and § I(A)—(F), Ord. 613-C.S., effective April 13, 1994.

Sec. 9-4.451. - Purpose.

The City Council finds and declares its intent as follows:

(a)

To enact regulations governing accessory dwelling unit and junior accessory dwelling unit construction in compliance with Section 65852.2 and Section 65852.22 of the Government Code. The provisions of this article shall be liberally construed in order to accomplish development of accessory dwelling units and junior accessory dwelling units. In the event of a conflict between the provisions of this article and any

other ordinance of the City of Pacifica regulating accessory dwelling units or junior accessory dwelling units, the provisions of this article shall prevail.

(b)

To establish a process for ministerial review and approval of accessory dwelling units and junior accessory dwelling units. No local ordinance, policy, or regulation other than this article and regulations referenced therein shall be the basis for the denial or delay of a building permit for an accessory dwelling unit or junior accessory dwelling unit.

(c)

To mitigate a widespread and ongoing shortage of affordable housing within the City. The United States Census Bureau's 2013—2017 American Community Survey estimates that forty-four (44%) percent of renter households in Pacifica pay thirty (30%) percent or more of their household income for housingrelated expenses. The Census Bureau considers households that pay thirty (30%) percent or more of their household income for housing-related expenses as "cost burdened";

(d)

To provide for additional housing supply without converting Pacifica's open space areas into developed sites. More than thirty (30%) percent of the City of Pacifica's twelve and six-tenths (12.6) square mile land area is preserved as permanent open space, resulting in a limited supply of developable vacant sites for the construction of new housing units in the City. Accessory dwelling unit and junior accessory dwelling unit construction, by creating new housing units within existing neighborhoods, can expand access to affordable housing while avoiding significant environmental impacts associated with traditional residential development on vacant sites;

(e)

To provide for additional affordable housing opportunities without a commitment of public funds which are usually necessary to subsidize large-scale affordable housing development projects;

(f)

To provide for convenient child care opportunities within residential neighborhoods. For working-age residents with children, accessory dwelling units allow family members or other child care providers to reside in close proximity to the household requiring child care. The nearby availability of child care for their children offers working-age residents convenience, and more importantly, may enable them to work and support their families without the burden of commercial child care costs;

(g)

To provide for convenient elder care opportunities within residential neighborhoods. Accessory dwelling units and junior accessory dwelling units enable multi-generational living on a common site. The United States Census Bureau's 2013—2017 American Community Survey estimates that thirteen (13%) percent of Pacifica's population is sixty-five (65) years or older, an increase from eleven (11%) percent in 2010. As Pacifica's population ages, accessory dwelling units and junior accessory dwelling units allow family

members or other caregivers to reside in close proximity to those receiving care while affording them the privacy of their own living space. For those receiving care, accessory dwelling units and junior accessory dwelling units will enable many to remain in their homes longer than would otherwise be possible without needing to relocate to an assisted living or other facility;

(h)

To provide supplemental income opportunities to those living on fixed incomes in retirement. Accessory dwelling units and junior accessory dwelling units may provide an important source of rental income to many property owners, especially those who are retired. The United States Government Accountability Office, in its report "Retirement Security: Most Households Approaching Retirement Have Low Savings" (Report No. GAO-15-419), estimated that in 2013, fifty-two (52%) percent of households age fifty-five (55) years and older had no retirement savings in a defined contribution plan or individual retirement account, and that Social Security provides most of the retirement income for about half of households age sixty-five (65) years and older. The report also found that among the forty-eight (48%) percent of households age fifty-five (55) years and older with some retirement savings, the median amount is approximately One Hundred and no/100ths ($109,000.00) Dollars, or equivalent to an inflation-protected annuity of Four Hundred Five and no/100ths ($405.00) Dollars per month at current rates for a sixty-five-year old. The report further found that nearly thirty (30%) percent of households age fifty-five (55) years and older have neither retirement savings nor a defined benefit plan, and that Social Security is the largest component of household income in retirement, making up an average of fifty-two (52%) percent of household income for those age sixty-five (65) years and older. Based on United States Census Bureau 2013—2017 American Community Survey estimates, the median rent in Pacifica in 2017 was Two Thousand One Hundred Ten and no/100ths ($2,110.00) Dollars per month. The addition of income from the long-term rental of an accessory dwelling unit or a junior accessory dwelling unit could meaningfully strengthen the finances of retired persons or those nearing retirement;

(i)

To preserve affordable housing opportunities within accessory dwelling units and junior accessory dwelling units. An analysis of listings on the short-term rental site Airbnb in November 2019 found two hundred sixty-nine (269) accommodations listed within the City of Pacifica, sixty-two (62%) percent of which offered for rent an entire house. The average price per night for the listed accommodations was One Hundred FiftySeven and no/100ths ($157.00) Dollars per night, equivalent to a monthly rent of Four Thousand Seven Hundred Ten and no/100ths ($4,710.00) Dollars. According to the United States Census Bureau's 2013— 2017 American Community Survey estimates, median monthly rent during 2017 was Two Thousand One Hundred Ten and no/100ths ($2,110.00) Dollars, equivalent to Seventy and 33/100ths ($70.33) Dollars per night. Even if rented fewer than thirty (30) days per month, the potential to yield significantly greater rents from short-term rentals of residential property than from long-term rental provides a strong financial incentive to remove housing from the long-term rental market in favor of offering it for rent in the short-term rental market. In order to conform to state law and preserve public health, safety, and welfare by increasing access to affordable housing, the City Council desires to impose a prohibition on the short-term rental of accessory dwelling units and junior accessory dwelling units for periods less than thirty (30) days in order to preserve their use for long-term residential occupancy.

(j)

To preserve public health and safety by prohibiting attached and detached accessory dwelling units at sites fronted by unpaved streets or streets with widths of twenty-six (26') feet or less. Appendix D of the 2016 California Fire Code, adopted by ordinance by the City Council, establishes minimum street width and construction-type standards to ensure safe access by fire apparatus. Among other standards, Appendix D requires streets to be paved with asphalt, concrete, or another approved surface capable of supporting the load of fire apparatus weighing at least seventy-five thousand (75,000) pounds. It further requires streets to be at least twenty (20') feet in width and prohibits on-street parking on streets twenty-six (26') feet or less in width. Appendix D allows on-street parking on one side of streets greater than twenty-six (26') feet but less than thirty-two (32') feet in width. In order to preserve public safety, it is necessary to prohibit attached and detached accessory dwelling unit construction on unpaved streets and on streets where Appendix D of the 2016 California Fire Code prohibits on-street parking. Such a prohibition is necessary because accessory dwelling unit construction will generate intensified demand for on-street parking. Increased demand for onstreet parking may result because off-street parking facilities may be unavailable to offset the demand, and because no mechanism exists to limit the number of automobiles owned by households occupying accessory dwelling units. In particular, accessory dwelling units located within one-half (½) mile of transit generally will not have sufficient off-street parking facilities because the City is prohibited under state law from requiring off-street parking for such accessory dwelling units (see Gov. Code §§ 65852.2(d), (e)). Additionally, households occupying accessory dwelling units located elsewhere may own more vehicles than can be accommodated in the off-street parking facilities the City is permitted to require for accessory dwelling units under state law (not more than one space per bedroom or per unit, whichever is less; see Gov. Code § 65852.2(a)(1)(D)(x)(I)). Therefore, it is possible and likely that accessory dwelling unit construction on streets twenty-six (26') feet or less in width could result in increased on-street parking demand. On-street parking on streets of inadequate width has the potential to narrow or obstruct the path of travel of fire apparatus and other emergency vehicles, delaying response time and endangering public safety.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.452. - Definitions.

For the purposes of this article, certain words and terms are hereby defined as follows:

(a)

"Accessory dwelling unit" or "ADU" shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(2)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

The definition of an accessory dwelling unit is distinct from the definition of a junior accessory dwelling unit.

(b)

"Accessory structure" shall mean a structure that is accessory and incidental to a dwelling located on the same site.

(c)

"Car share vehicle" shall mean a fixed location identified in a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use.

(d)

"Coastal access parking area" shall mean the area identified on the IP's Coastal Access Parking Map.

(e)

"Cooking facilities" shall mean an area containing all of the following: a refrigeration appliance; a kitchen sink; a food preparation counter and storage cabinets; and a cooking appliance, each having a clear working space of not less than thirty (30") inches in front. For purposes of this article, "cooking appliance" shall include any appliance capable of cooking food, including, without limitation, a range, stove, oven, toaster oven, microwave, or hot plate.

(f)

"Efficiency unit" shall have the meaning as defined in Section 17958.1 of Health and Safety Code.

(g)

"Existing space" shall mean all enclosed areas in existence that are contained within the exterior walls and roof of a dwelling unit or accessory structure.

(h)

"Independent living facilities" shall mean all of the following facilities within a single accessory dwelling unit or junior accessory dwelling unit: permanent provisions for sleeping, eating, cooking, and sanitation.

(i)

"Junior accessory dwelling unit" or "JADU" shall mean a unit that is contained entirely within a single-family dwelling, or which is combined with a newly-constructed detached accessory dwelling unit, and which provides complete independent living facilities for one or more persons. However, sanitation facilities may be shared with the associated single-family dwelling unit.

(j)

"Multi-family dwelling" shall have the same meaning set forth for "Multiple dwelling" in Article 2 of this chapter, and shall also include a two-family dwelling and any mixed use structure containing commercial floor area and one or more dwelling units.

(k)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(l)

"Primary dwelling unit" means the first lawfully constructed single-family dwelling unit or multi-family dwelling unit that exists on a site.

(m)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(n)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public.

(1)

If Section 65852.2 of the Government Code is amended subsequent to the effective date of this article to expressly permit the City to define "public transit" inclusive of a minimum level of transit service, then the following definition shall replace the preceding definition in subsection (n): "Public transit" shall mean a defined transit station or stop, with a regular service interval no longer than thirty (30) minutes during peak commute hours from 6:00—9:00 a.m. and 3:00—6:00 p.m. Monday through Friday, identified in a publicly available map where passengers, without a reservation, may board and disembark from a vehicle used in the public transit system, including, without limitation, a motor vehicle, streetcar, trackless trolley, bus, light rail system, rapid transit system, subway, train, or jitney, that transports members of the public for hire.

(o)

"Sanitation facilities" shall mean a separate room containing a water closet (i.e., toilet), lavatory (i.e., sink), and bathtub or shower.

(p)

"Site" shall mean a lawfully-created lot or parcel.

(q)

"Sleeping facilities" shall mean an area dedicated to sleeping.

(r)

"Tandem parking" shall mean that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(s)

"Two-family dwelling" shall mean a building, or portion thereof, used and designed as a residence for two (2) families living independently of each other and doing their own cooking in such building, including duplexes.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

Sec. 9-4.453. - Development standards for accessory dwelling units.

(a)

General provisions. The following provisions shall apply to all accessory dwelling units:

(1)

An accessory dwelling unit shall not be constructed unless a primary dwelling unit exists on a site and such primary dwelling unit has been constructed lawfully, or the accessory dwelling unit is proposed as part of the construction of the primary dwelling unit.

(i)

A certificate of occupancy for an accessory dwelling unit shall not be issued before the certificate of occupancy for the primary dwelling unit is issued.

(2)

The maximum number of accessory dwelling units permitted on a site shall be as follows:

(i)

One accessory dwelling unit is permitted on a site with a proposed or existing single-family dwelling. A site with a proposed or existing single-family dwelling may also contain one junior accessory dwelling unit pursuant to Section 9-4.454 in addition to the one accessory dwelling unit.

(ii)

On a site with an existing multi-family dwelling, the maximum number of accessory dwelling units shall be as follows:

(aa)

One accessory dwelling unit or the equivalent number of twenty-five (25%) percent of the existing multifamily dwelling units, whichever is greater, for accessory dwelling units described in subsection (f); and

(ab)

Two (2) accessory dwelling units as described in subsection (g).

(iii)

For purposes of this article, a "second unit," "granny flat," "in-law apartment," or similar structure or improvement permitted and constructed in accordance with applicable laws in effect at the time of its construction shall be considered an "accessory dwelling unit" for all purposes. If an accessory dwelling unit permitted and constructed prior to the effective date of this article does not conform to all standards prescribed in this article, the accessory dwelling unit shall be considered nonconforming but lawful, and shall be subject to the provisions of Section 9-4.453(k) governing nonconforming accessory dwelling units.

(3)

An accessory dwelling unit may be constructed between a primary dwelling unit and a site's front property line, or in any other location on a site, subject to the standards in this article.

(4)

An accessory dwelling unit shall become the primary dwelling unit on a site if the original primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or made habitable within one year of its demolition or the determination that it is uninhabitable, or if the primary dwelling unit proposed for construction concurrently with an accessory dwelling unit is not constructed.

(i)

In such case where an accessory dwelling unit becomes the primary dwelling unit, it shall remain so, and be considered a nonconforming but lawful structure if it fails to comply with any zoning standards applicable to a primary dwelling unit in the underlying zoning district, until such time as a new structure compliant with all zoning standards applicable to a primary dwelling unit in the underlying zoning district, is lawfully constructed or otherwise created on the site. Except, however, that in the case where a primary dwelling unit proposed for construction concurrently with an accessory dwelling unit is not constructed, a certificate of occupancy shall not be issued for the accessory dwelling unit until such time as it complies with all requirements for a primary dwelling unit.

(5)

The site's owner may at any time offer for rent either the primary dwelling unit or the accessory dwelling unit or both.

(6)

If any accessory dwelling unit is rented, terms of rental shall not be less than thirty (30) consecutive days.

(7)

An accessory dwelling unit shall not be sold or otherwise conveyed separate from the primary dwelling unit.

(i)

No subdivision of a site containing an accessory dwelling unit may be approved unless all of the following conditions are met: the lots proposed by the subdivision comply with all applicable development standards of the underlying zoning district for a lot containing a primary dwelling unit, including, without limitation, minimum lot area per dwelling unit and setbacks, or a deviation from the standards is granted; if a condominium subdivision, the zoning designation of the site allows two (2) or more primary dwelling units as a permitted use, or if a conditional use, a use permit is granted prior to or in conjunction with the subdivision; and the accessory dwelling unit on the site complies, or provisions are made to bring the accessory dwelling unit into compliance, with all development standards applicable to a primary dwelling unit in the underlying zoning district, including, without limitation, dwelling unit size, setbacks and off-street parking.

(8)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect of any other provision of this chapter requiring issuance of a discretionary permit for construction of the primary dwelling unit prior to issuance of a building permit. The discretionary review of the primary dwelling unit shall not include consideration of the propriety of an accessory dwelling unit use at the site in the future.

(9)

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(10)

Any accessory dwelling unit may have an interior point of access connecting the primary dwelling unit and accessory dwelling unit provided it is possible for the occupants of both the primary dwelling unit and the accessory dwelling unit to independently secure the point of access to prevent unauthorized entry by occupants of the other dwelling unit.

(11)

A building permit shall be required to construct an accessory dwelling unit or to establish an accessory dwelling unit within the existing space of a primary dwelling unit or accessory structure. Occupancy of an accessory dwelling unit shall be prohibited until the accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection.

(12)

Occupancy of an accessory dwelling unit shall be prohibited until the accessory dwelling unit receives a separate and independent address assignment. Address assignment shall not delay issuance of a building permit.

(b)

Zoning districts where permitted. An accessory dwelling unit shall be a permitted use, subject to the standards contained in this article, on any site zoned for residential use as a permitted use, or any site zoned for commercial use which authorizes residential use as a permitted use or for which a permit has

been issued to authorize a residential use, and which site includes a proposed or existing single-family dwelling or an existing multi-family dwelling. An accessory dwelling unit shall be prohibited on any other site.

(1)

Sites zoned P-D (Planned Development). The provisions of subsection (b) shall apply to sites zoned P-D (Planned Development) where the approved development plan indicates residential use as a permitted use, including mixed use. In cases where the details of the original development plan are not available, the Planning Administrator may determine that a site was intended for residential use as a permitted use by considering the use of any existing structures on the site in addition to the uses of structures and the development pattern of the area immediately surrounding the site.

(c)

Detached accessory dwelling units from single-family dwelling units. The provisions of this subsection shall apply to a newly constructed accessory dwelling unit that is detached from a primary single-family dwelling unit and all accessory structures including, without limitation, garages and storage areas. The provisions of this subsection shall not apply to new construction of a detached accessory dwelling unit replacing an

existing accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing accessory structure.

(1)

Floor area. The minimum and maximum floor area of a detached accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area shall not exceed one thousand two hundred (1,200) square feet.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4') feet.

(iii)

Rear. Minimum rear setback shall be four (4') feet.

(3)

Distance between structures. A detached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be located at least ten (10′) feet from any other building existing or under construction on the same site or an adjacent site. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less shall require no minimum distance between structures. An accessory dwelling unit shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30") inches above grade such as a deck. Retaining walls and/or decking between an accessory dwelling unit and the primary dwelling unit or any other building that are less than thirty (30") inches above grade are not considered a connection.

(4)

Height. Maximum height shall be twenty-five (25') feet or the height of the primary dwelling unit, whichever is less. However, the maximum height shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; i any portion of a detached accessory dwelling unit is located between a primary dwelling unit and a site's front property line; or any portion of a detached accessory dwelling unit is located less than five (5') from the side lot line or less than ten (10') feet from the street-side lot line or less than twenty (20') feet from the rear lot line.

(5)

Lot coverage. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for a detached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

(6)

Landscaping. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for a detached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. Paving shall only be allowed on a driveway and pathways, except that paving may be allowed to the minimum extent necessary to create a required off-street parking space for an accessory dwelling unit area as provided in subsection (h) of this section.

(7)

Prohibited. A detached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be prohibited on any site where, at any point along its frontage, including any secondary frontage on a corner lot, the street is unpaved or the street is twenty-six (26') feet or less in width. This standard shall not apply to a detached accessory dwelling unit eight hundred (800) square feet in floor area or less.

(d)

Attached accessory dwelling units to single-family dwelling units. The provisions of this subsection shall only apply to an accessory dwelling unit attached horizontally or vertically to a single-family dwelling

structure or accessory structure, including, without limitation, a garage or storage areas. The provisions of this subsection shall not apply to new construction of an attached accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling or accessory structure.

(1)

Floor area. The minimum and maximum floor area of an attached accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area for a studio or one bedroom accessory dwelling unit shall be eight hundred and fifty (850) square feet or not more than fifty (50%) percent of the floor area of the primary dwelling unit, whichever is greater. Total floor area for an accessory dwelling unit that provides two (2) or more bedrooms shall be one thousand (1,000) square feet or not more than fifty (50%) percent of the floor area of the primary dwelling unit, whichever is greater.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet; except, where an accessory dwelling unit is constructed above a garage, the minimum front setback shall be twenty (20′) feet.

(ii)

Side. Minimum side setback shall be four (4') feet.

(iii)

Rear. Minimum rear setback shall be four (4') feet.

(3)

Distance between structures. An attached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be located at least ten (10′) feet from any other building existing or under construction on the same site or an adjacent site. A attached accessory dwelling unit eight hundred (800) square feet in floor area or less shall require no minimum distance between structures. An accessory dwelling unit shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30") inches above grade such as a deck. Retaining walls and/or decking between an accessory dwelling unit and the primary dwelling unit or any other building that are less than thirty (30") inches above grade are not considered a connection.

(4)

Height. Maximum height shall be thirty-five (35') feet if attached to a primary dwelling unit; or the lesser of twenty-five (25') feet or the height of the primary dwelling unit if attached to an accessory structure. However, the maximum height shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; if any portion of an attached accessory dwelling unit that is attached to an accessory structure would be located between a primary dwelling unit and a site's front property line; or any portion of an attached accessory dwelling unit is located less than five (5') from the side lot line or less than ten (10') feet from the street-side lot line or less than twenty (20') feet from the rear lot line.

(5)

Lot coverage. An attached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for an attached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

(6)

Landscaping. An attached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for an attached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. In addition, the front setback shall be landscaped and adequately maintained. Paving shall only be allowed on a driveway and pathways, except that paving may be allowed to the minimum extent necessary to create a required off-street parking space for an accessory dwelling unit area as provided in subsection (h) of this section.

(7)

Prohibited. An attached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be prohibited on any site where, at any point along its frontage, including any secondary frontage on a corner lot, the street is unpaved or the street is twenty-six (26') feet or less in width. This standard shall not apply to an attached accessory dwelling unit eight hundred (800) square feet in floor area or less.

(e)

Accessory dwelling units contained within the existing space of a single-family dwelling structure or accessory structure. The provisions of this subsection shall apply to accessory dwelling units established within the existing space of an existing single-family dwelling unit or an existing accessory structure, including without limitation an existing attached or detached garage, studio, pool house, or other similar structure, or accessory dwelling units established within a structure constructed in the same location and to the same dimensions as an existing structure. The provisions of this subsection shall apply to new construction of a detached or attached accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred and fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling or accessory structure. An expansion beyond the physical dimensions of an existing accessory structure shall be limited to accommodating ingress and egress. A primary dwelling

unit or accessory building shall not be considered to be "existing" if it was constructed unlawfully; or if it has yet to receive a successful final inspection pursuant to a valid building permit.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. For an accessory dwelling unit established within the existing space of an existing primary dwelling unit: The establishment of the accessory dwelling unit shall not result in a reduction of the primary dwelling unit's floor area below the minimum dwelling unit size for a single-family dwelling provided in Section 9-4.2313. For an accessory dwelling unit established within the existing space of an existing accessory structure: None.

(2)

Setbacks. No setback shall be required for an accessory dwelling unit contained within the existing space of a single-family dwelling unit or accessory structure. However, as permitted in this subsection, an expansion to the existing space of a single-family dwelling or accessory structure may only be established where the following setbacks have been satisfied:

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet, except on the street-side of a corner lot where no side setback shall be required.

(iii)

Rear. Minimum rear setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(6)

Exterior access. An exterior point of access that is separate and independent from the primary dwelling unit shall be provided.

(f)

Accessory dwelling units contained within the portion of existing multi-family dwelling structures that are not used as livable space. The following provisions of this subsection shall apply to accessory dwelling units contained within the portion of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit contained within the portion of existing multi-family dwelling structures that are not used as livable space shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. None.

(2)

Setbacks. None.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(g)

Detached accessory dwelling units detached from existing multi-family dwelling structures. The provisions of this subsection shall apply to a newly-constructed accessory dwelling unit that is detached from an existing multi-family dwelling structure and all accessory structures including, without limitation, garages and storage areas on the same site.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit detached from an existing multi-family dwelling structures ton the same site shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area shall not exceed one thousand two hundred (1,200) square feet.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet.

(iii)

Rear. Minimum side setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None

(5)

Height. Maximum height shall be twenty-five (25') feet or the height of the primary dwelling unit, whichever is less. However, the maximum height of the accessory dwelling unit shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; any portion of a detached accessory dwelling unit is located between the primary dwelling unit and a site's front property line; or any portion of a detached accessory dwelling unit is located less than twenty (20') feet from the rear lot line.

(h)

Parking.

(1)

Parking for an accessory dwelling unit shall be provided as follows:

(i)

Outside of the coastal access parking area, an accessory dwelling unit shall require one off-street parking space per accessory dwelling unit or per bedroom, whichever is less.

(ii)

Within the coastal access parking area, an accessory dwelling unit shall require one off-street parking space per accessory dwelling unit.

(iii)

No parking shall be required for an accessory dwelling unit described in subsection (6) of this subsection.

(2)

Off-street parking provided for an accessory dwelling unit may be covered or uncovered, and shall comply with the minimum dimensional requirements for ninety (90) degree compact parking spaces set forth in Section 9-4.2817 (Design standards for parking areas), including any space or spaces located within a garage. The minimum vertical clearance for any parking space shall be seven (7') feet.

(3)

Off-street parking provided for an accessory dwelling unit shall meet the standards in Section 9-4.2814 (Surfacing of parking areas).

(4)

Off-street parking provided for an accessory dwelling unit may be configured in setback areas except where expressly stated otherwise in this subsection.

(i)

A required off-street parking space for an accessory dwelling unit may be allowed in any configuration provided in this subsection.

(aa)

Within a driveway that conforms to the standards in Section 9-4.2813 (Access to parking facilities), except that parking for an accessory dwelling unit shall not be located within a common driveway serving more than one dwelling unit.

(ab)

Tandem parking, either within a garage or within a driveway conforming to the standards in Section 9- 4.2813 (Access to parking facilities).

(ac)

By the use of a mechanical automobile parking lift. A mechanical automobile parking lift shall be located within a garage, or else shall be located behind the minimum front, side, and rear setbacks for accessory

structures in the underlying zoning district, as long as the mechanical automobile parking lift does not impact coastal views.

(ad)

"Swing" type parking. Approval of a site development permit shall not be required to authorize "swing" type parking for an accessory dwelling unit as permitted by this subsection.

(i)

"Swing" type parking shall mean a type of off-street parking space that abuts and is perpendicular to a driveway conforming to the standards contained in Article 28 of this chapter. The design standards for a "swing" type parking space providing the required off-street parking for an accessory dwelling unit or junior accessory dwelling unit shall be as provided in this article. Approval of a site development permit shall not be required to authorize "swing" type parking for an accessory dwelling unit as permitted by this subsection.

(ii)

A "swing" type parking space shall not be considered part of a driveway for purposes of maximum driveway width standards contained in Article 28 of this chapter.

(iii)

The existing or shared driveway used to access a "swing" type parking space shall comply with the standards in Section 9-4.2813 (Access to parking facilities).

(iv)

A "swing" type parking space shall be accessed from an existing or shared driveway only.

(v)

The driveway approach used to access an existing or shared driveway from the street shall not be widened as part of the creation of a "swing" type parking space in order to preserve the maximum amount of available on-street parking.

(vi)

Within a coastal access parking area, construction of a "swing" type parking space shall include a landscaping strip not less than three (3') feet in width along the entire length of the space. The landscaping strip shall contain plants not less than two (2') feet and not more than three (3') feet in height as measured from the street side. These required plants shall be installed to create a continuous buffer and shall be maintained in a healthful condition.

(vii)

Outside of a coastal access parking area, construction of a "swing" type parking space shall not result in paving within any required front setback comprising more than seventy-five (75%) percent of the front

setback area, including, but not limited to, paving associated with the "swing" type parking space, an existing or proposed driveway, and pathways.

(ae)

Parallel parking space expansion from a driveway.

(i)

"Parallel parking" shall mean a type of off-street parking space that abuts and is parallel to a driveway conforming to the standards contained in Article 28 of this chapter.

(ii)

A parallel parking space shall not be considered part of a driveway for purposes of maximum driveway width standards contained in Article 28 of this chapter.

(iii)

The existing or shared driveway used to access a parallel parking space shall comply with the standards in Section 9-4.2813 (Access to parking facilities).

(iv)

A parallel parking space shall be accessed from an existing or shared driveway only.

(v)

The driveway approach used to access an existing or shared driveway from the street shall not be widened as part of the creation of a parallel parking space in order to preserve the maximum amount of available onstreet parking.

(vi)

Construction of a parallel parking space shall not result in paving within any required front setback comprising more than seventy-five (75%) percent of the front setback area, including, but not limited to, paving associated with the parallel parking space, an existing or proposed driveway, and pathways.

(ii)

An off-street parking space for an accessory dwelling unit that is not required as described in subsection (1) of this subsection may be allowed in any configuration provided in subsection (4)(i), except for the configurations detailed in subsections (ad) and (ae).

(5)

If a garage which provides the required covered off-street parking space or spaces for a primary dwelling unit is converted in whole or in part into an accessory dwelling unit or is demolished to enable construction of an accessory dwelling unit, the required off-street parking space or spaces for the primary dwelling unit are not required to be replaced on site, except for a property located within the coastal access parking area

where all required off-street parking spaces for uses on the site, including those attributable to accessory dwelling units, shall be accommodated on site. Any replacement off-street parking spaces shall conform to the same standards for required off-street parking for an accessory dwelling unit described in subsections (2) through (4) of this subsection, except for the configurations detailed in subsections (ad) and (ae) of subsection (4i), and may be provided in any configuration on the same site as the accessory dwelling unit, including as covered spaces, uncovered spaces, tandem spaces, or by the use of a mechanical automobile parking lift.

(6)

No off-street parking shall be required for an accessory dwelling unit located outside of the coastal access parking area in any of the following circumstances:

(i)

The accessory dwelling unit is located within one-half (½) mile of public transit as measured by a direct line from the location of the public transit to any portion of the lot on which the accessory dwelling unit is located.

(ii)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii)

The accessory dwelling unit is a type described in subsection (d), (e), (f) or (g), or is described in subsection (c) and is eight hundred (800) square feet of floor area or less.

(iv)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(v)

When there is a car share vehicle located within one block of the accessory dwelling unit.

(vi)

The accessory dwelling unit is a studio unit (i.e., a unit without a bedroom).

(i)

Utilities.

(1)

For an accessory dwelling unit described in subdivision (e), the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and the accessory dwelling unit shall not be subject to a related connection fee or capacity charge, unless the accessory dwelling unit is constructed concurrently with a new single-family dwelling.

(2)

For an accessory dwelling unit that is not described in subdivision (e), the accessory dwelling unit may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013 of the Government Code, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.

(j)

Fire sprinklers. Notwithstanding any other provision of the Pacifica Municipal Code, including, without limitation, Chapter 3 of Title 4, installation of fire sprinklers in an accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit.

(1)

Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

(i)

When fire sprinklers are currently installed in the primary dwelling unit;

(ii)

When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit; or

(iii)

When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, including an addition for the purpose of establishing an accessory dwelling unit, which addition triggered a requirement for retroactive installation of fire sprinklers in the primary dwelling unit in accordance with the Pacifica Municipal Code.

(2)

For purposes of this subsection (j), the term "constructed concurrently" shall mean construction of a primary dwelling unit that is performed in reliance on a building permit issued within two (2) years of the date of issuance of a building permit for construction of an accessory dwelling unit.

(3)

The floor area of an accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure or multi-family dwelling shall not be considered an "addition" under any provision of

the Pacifica Municipal Code related to retroactive installation of fire sprinklers in a structure, including, without limitation, Section 4-3.110 of the Pacifica Municipal Code.

(k)

Nonconforming sites and structures. The following standards shall apply to construction of accessory dwelling units on sites that do not comply with all zoning standards or that for any other reason are considered nonconforming.

(1)

Zoning. Construction of an accessory dwelling unit shall be prohibited on any site that is not zoned in accordance with subsection (b) of Section 9-4.453.

(2)

Lot or parcel size and dimensions. An accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, including without limitation sites which contain three thousand nine hundred ninety-nine (3,999) square feet or less of area, provided the accessory dwelling unit is constructed in compliance with all other standards of this article. Approval of a site development permit, specific plan, or any other discretionary permit for the accessory dwelling unit, except a coastal development permit for sites located within the Coastal Zone, shall not be required.

(3)

Nonconforming primary dwelling unit or accessory structure. An accessory dwelling unit may be constructed on a site containing a primary dwelling unit or accessory structure which site does not comply with all zoning standards, including, without limitation, use of the site, off-street parking standards, provided the accessory dwelling unit complies with all standards contained in this article. The existing nonconformities of the primary dwelling unit or accessory structure shall not be considered when evaluating the application.

(4)

Nonconforming accessory dwelling unit. An accessory dwelling unit that does not comply with all standards of this article shall be considered lawful but nonconforming if the accessory dwelling unit was lawfully constructed in accordance with standards in effect at the time of its construction. Such lawful but nonconforming accessory dwelling unit may be altered or expanded only to comply with local building regulations or to eliminate one or more nonconformities with the standards of this article.

(i)

An accessory dwelling unit not lawfully constructed shall be governed by the provisions of Section 9-4.456.

(5)

Creation of nonconformities. Any nonconformity created on an existing site, or within a primary dwelling unit or accessory structure as allowed by the provisions of this section (e.g., reduction or elimination of

required off-street parking for a primary dwelling unit, exceedance of the maximum lot coverage allowed in the underlying zoning district) shall render the primary dwelling unit or accessory structure or site nonconforming but lawful. Any future expansion or alteration of such nonconforming but lawful primary dwelling unit shall be subject to the provisions of Article 30 of this chapter, including, without limitation, any requirement to construct off-street parking spaces in conjunction with the addition of one or more bedrooms to the primary dwelling unit. However, the correction of nonconforming zoning conditions shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

(6)

Change in circumstances. The determination of the applicability of the criteria described in Section 9- 4.453(h)(6) to the site where an accessory dwelling unit is proposed shall be made as of the date of building permit issuance. Any subsequent change in applicability of these criteria to the site after issuance of a building permit shall not render an accessory dwelling unit nonconforming, and the accessory dwelling unit shall not be required to construct or otherwise provide parking.

(7)

Enforcement. Enforcement of notices to correct a violation of any provision of any building standard for any accessory dwelling unit shall comply with Section 17980.12 of the Health and Safety Code.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

Sec. 9-4.454. - Development standards for junior accessory dwelling units.

(a)

General provisions. The following provisions shall apply to junior accessory dwelling units:

(1)

A junior accessory dwelling shall not be constructed unless a single-family dwelling unit exists on a site and such single-family dwelling unit has been constructed lawfully, or the junior accessory dwelling unit is proposed as part of the construction of the single-family dwelling unit.

(2)

A site shall contain no more than one junior accessory dwelling unit.

(3)

A junior accessory dwelling unit shall be constructed within the existing space of the proposed or existing single-family dwelling or accessory structure. The provisions of this section shall apply to new construction of a junior accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-

family dwelling. An expansion beyond the physical dimensions of an existing accessory structure shall be limited to accommodating ingress and egress.

(4)

A site's owner shall record a deed restriction with the County of San Mateo's Recorder Office and file a copy of the recorded deed restriction with the City of Pacifica. The deed restriction shall: prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single-family dwelling; specify that the deed restriction runs with the land and is therefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this section.

(5)

The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as its primary residence at any time while the junior accessory dwelling unit is occupied by a tenant.

(i)

A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization.

(6)

A junior accessory dwelling unit may be rented but shall not be used for rentals of terms less than thirty (30) consecutive days.

(7)

A junior accessory dwelling unit shall not be sold or otherwise conveyed separate from the single-family dwelling unit.

(8)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect of any other provisions of this chapter requiring issuance of a discretionary permit for construction of the single-family dwelling unit prior to issuance of a building permit. The discretionary review of the single-family dwelling unit shall not include consideration of the propriety of a junior accessory dwelling unit use at the site in the future, but may consider the physical characteristics of how the site may accommodate a future junior accessory dwelling unit use as they pertain to objective development standards, other than parking, including, without limitation, lot coverage, floor area ratio, and landscaping.

(9)

A junior accessory dwelling unit shall have an exterior point of access directly into the junior accessory dwelling unit that is separate and independent from the single-family dwelling unit.

(10)

A building permit shall be required to construct a junior accessory dwelling unit or to establish a junior accessory dwelling unit within the existing space of a single-family dwelling. Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection.

(11)

A junior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes.

(12)

Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a separate and independent address assignment. Address assignment shall not delay issuance of a building permit.

(b)

Zoning districts where permitted. A junior accessory dwelling unit shall be a permitted use, subject to the standards contained in this article, on any site zoned for residential use as a permitted use or any site zoned for commercial use which authorizes residential use as a permitted use or for which a permit has been issued to authorize a residential use, and which site includes a proposed or existing single-family dwelling. An accessory dwelling unit shall be prohibited on any other site. A junior accessory dwelling unit shall be prohibited on any other site.

(1)

Sites zoned P-D (Planned Development). The provisions of subsection (b) shall apply to sites zoned P-D (Planned Development) where the approved development plan residential use as a permitted use, including mixed use. In cases where the details of the original development plan are not available, the Planning Administrator may determine that a site was intended for residential use as a permitted use by considering the use of any existing structures on the site in addition to the uses of structures and the development pattern of the area immediately surrounding the site.

(c)

Junior accessory dwelling units. The following development provisions shall apply to junior accessory dwelling units.

(1)

Floor area. The minimum and maximum floor area of a junior accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area is five-hundred (500) square feet. However, the establishment of a junior accessory dwelling unit over one hundred fifty (150) square feet shall not result in a reduction of the primary dwelling unit's floor area below the minimum dwelling unit size for a single-family dwelling provided in Section 9-4.2313. If the sanitation facility is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

(2)

Setbacks. Setbacks for a junior accessory dwelling unit constructed with a new single-family dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure. However, as permitted in this section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may only be constructed if the following setbacks can be maintained:

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet, except on the street-side of a corner lot where no side setback shall be required.

(iii)

Rear. Minimum rear setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(d)

Parking. No parking shall be required for a junior accessory dwelling unit.

(1)

If a garage which provides the required covered off-street parking space or spaces for a single-family dwelling is converted in whole or in part into a junior accessory dwelling unit or is demolished to enable

construction of a junior accessory dwelling unit, the required off-street parking space or spaces for the primary dwelling are not required to be replaced.

(e)

Utilities. A junior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.

(f)

Fire and Building Requirements. Notwithstanding any other provision of the Pacifica Municipal Code, including, without limitation, Chapter 3 of Title 4, installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit" as detailed in section 9-4.452(i).

(g)

Nonconforming sites and structures. The following standards shall apply to construction of junior accessory dwelling units on sites that do not comply with all zoning standards or that for any other reason are considered nonconforming.

(1)

Zoning. Construction of a junior accessory dwelling unit shall be prohibited on any site that is not zoned in accordance with subsection (b) of Section 9-4.454.

(2)

Lot or parcel size and dimensions. A junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, including without limitation sites which contain three thousand nine hundred ninety-nine (3,999) square feet or less of area, provided the accessory dwelling unit is constructed in compliance with all other standards of this article. Approval of a site development permit, specific plan, or any other discretionary permit, except a coastal development permit for sites located within the Coastal Zone, shall not be required.

(3)

Nonconforming single-family dwelling unit. A junior accessory dwelling unit may be constructed on a site containing an existing single-family dwelling which site does not comply with all zoning standards, including, without limitation, use of the site, off-street parking standards, provided the junior accessory dwelling unit complies with all standards contained in this article. The existing nonconformities of the primary dwelling unit shall not be considered when evaluating the application.

(4)

Nonconforming junior accessory dwelling unit. A junior accessory dwelling unit that does not comply with all standards of this section shall be considered lawful but nonconforming if the junior accessory dwelling unit was lawfully constructed in accordance with standards in effect at the time of its construction. Such

lawful but nonconforming junior accessory dwelling unit may be altered or expanded only to comply with local building regulations or to eliminate one or more nonconformities with the standards of this article.

(i)

A junior accessory dwelling unit not lawfully constructed shall be governed by the provisions of Section 9- 4.456.

(5)

Creation of nonconformities. Any nonconformity created to an existing site and/or single-family dwelling unit or accessory structure as allowed by the provisions of this section (e.g., exceedance of the maximum lot coverage allow in the underlying zoning district) shall render the primary dwelling unit or accessory structure or site nonconforming but lawful. Any future expansion or alteration of such nonconforming but lawful primary dwelling unit shall be subject to the provisions of Article 30 of this chapter, including, without limitation, any requirement to construct off-street parking spaces in conjunction with the addition of one or more bedrooms to the primary dwelling unit. However, the correction of nonconforming zoning conditions shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

(§ 3, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.455. - Compliance with other regulations.

(a)

An accessory dwelling unit or junior accessory dwelling unit which conforms to the respective requirements of this article shall not be considered to exceed the allowable density for the site upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan, local coastal land use plan and zoning designations for the site.

(b)

An accessory dwelling unit or junior accessory dwelling unit shall not be considered in the application of any local growth control ordinance, policy, or program, including without limitation the City of Pacifica Growth Management Ordinance codified in Chapter 5 of Title 9 of the Pacifica Municipal Code.

(c)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et seq. of the Public Resources Code) or the City's certified local coastal plan, except that the Planning Director shall consider a coastal development permit application for an accessory dwelling unit or a junior accessory dwelling unit administratively without a public hearing in accordance with the procedures for processing an administrative coastal development permit contained in Section 9-4.4306.

(1)

The provisions of Article 43, Coastal Zone Combining District, shall not apply to the construction of accessory dwelling units or junior accessory dwelling units that do not meet the definition of "development" as defined in Section 9-4.4302(z).

(2)

For purposes of making the findings required for approval of an administrative coastal development permit, the development standards for an accessory dwelling unit provided in Section 9-4.453 and for a junior accessory dwelling unit provided in Section 9-4.454, shall be considered the minimum development standards. The Planning Director may require more stringent development standards of an accessory dwelling unit or junior accessory dwelling unit in relation to any or all of the minimum development standards, including, but not limited to, standards addressing height and setbacks, if determined necessary to make the findings for approval of an administrative coastal development permit as provided in Article 43, Coastal Zone Combining District.

(d)

Accessory dwelling units and junior accessory dwelling units shall comply with all local building code requirements based on construction type and number of dwelling units except that utilities and fire sprinkler requirements shall be as provided in subsections (i) and (j) of Section 9-4.453, respectively.

(e)

An applicant may not apply for a variance or other relief from the standards of this article.

(f)

Accessory dwelling units and junior accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(1)

A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet in floor area. Any impact fee charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(2)

This subsection shall not be construed to prohibit a local agency, special district, or water corporation from adopting an ordinance or regulation, related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

(g)

A historic preservation permit shall not be required for the construction or establishment of an accessory dwelling unit or junior accessory dwelling unit on a site containing or constituting a "landmark" as that term is defined in Chapter 7 (Historic Preservation) of Title 9.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; as renumbered by § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

Sec. 9-4.456. - Legalization of existing units.

(a)

Unlawful and nonconforming. Every accessory dwelling unit or junior accessory dwelling unit constructed prior to the effective date of this article which has not successfully completed a final building permit inspection shall be considered unlawful and nonconforming.

(b)

An unlawful and nonconforming accessory dwelling unit or junior accessory dwelling unit may be legalized and considered conforming by complying with all provisions of this article and by successfully completing a final inspection of the work authorized in a building permit. An unlawful and nonconforming accessory dwelling unit or junior accessory dwelling unit shall not be altered or expanded except to achieve full compliance with the standards of this article.

(c)

An accessory dwelling unit, the construction of which commenced or commences pursuant to a building permit issued prior to the effective date of this article, shall not be considered unlawful and nonconforming provided the accessory dwelling unit is constructed and successful completion of a final inspection is achieved within two (2) years of the effective date of this article, or during the period in which the building permit is valid, whichever period is shorter.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; as renumbered by § 3, Ord. 854-C.S., eff. February 26, 2020)

Article 4.6. - Bed and Breakfast Inns

Sec. 9-4.461. - Purpose.

It is the intent of the City to apply the regulations of this article to bed and breakfast inns to encourage commercial development which will promote the City and in response to growing public interest and concern about the development of this type of facilities.

A bed and breakfast inn ("Inn") which is approved by the Planning Commission and which conforms to the requirements of this article shall be considered a commercial use which is consistent with the existing General Plan and zoning designations for the subject property contingent on Planning Commission approval. The City's growth control ordinance shall not be applied to inns. Furthermore, it is the intent of this article to encourage the sensitive use of historic sites as inns and for new development proposals to include special architectural or historic character.

(§ 1, Ord. 559-C.S., eff. November 7, 1990)

Sec. 9-4.462. - Bed and breakfast inn defined.

As stated in this article, "bed and breakfast inn" shall refer to any structure containing not more than twelve (12) guest bedrooms, which may be occupied by no more than twenty-four (24) persons, which are intended to be let to transient guests for compensation. A "guest bedroom" is a room primarily intended for sleeping and contained in the primary structure, which may contain furnishings, but may not lawfully contain any kitchen equipment. Bath facilities may be shared or may be separate for each guest bedroom. An inn is a conditional use in all residential and commercial zoning districts. An inn shall provide guest bedrooms and breakfast for transient guests.

(§ 1, Ord. 559-C.S., eff. November 7, 1990; Ord. No. 769-C.S., § 8, eff. December 23, 2009)

Sec. 9-4.463. - Development standards.

(a)

Applicability. An application for a bed and breakfast inn shall be considered only if the project meets the following minimum criteria:

(1)

The property is owner occupied and managed;

(2)

The property's size is at least 5,000 square feet;

(3)

No covenants, conditions and restrictions prohibit the use of the property; and

(4)

The structure shall meet the minimum requirements of the Uniform Building Code for the proposed occupancy or shall be upgraded to the satisfaction of the Building Official.

(b)

Standards. The following standards shall apply to a bed and breakfast inn:

(1)

The inn shall be occupied and managed by an owner of the property;

(2)

The maximum length of stay for any guest shall be (14) consecutive days during any thirty (30) day period;

(3)

In residential districts, breakfast is the only meal that may be served and shall only be served to registered guests of the inn; however, restaurants may be permitted in commercial districts in conjunction with an inn;

(4)

No kitchen appliances or cooking facilities will be permitted in the guest bedrooms;

(5)

The number of permissible guest bedrooms shall be determined by dividing the square footage of the subject lot by 1,800 square feet with twelve (12) being the maximum number of permitted guest bedrooms;

(6)

A register must be maintained on the premises. The register must contain the guests' names, home address, and check in and check out dates. The register must be kept for a period of seven (7) years from the date of the last registration noted in the register; and

(7)

In addition to the two (2) covered parking space required by Code for the owner's unit, one off-street parking space shall be provided for each guest room. If more than ten (10) guest rooms are proposed, additional parking may be required.

(c)

Permits required.

(1)

A use permit and site development permit must be approved by the Planning Commission for any inn proposed in any Residential or Commercial District. If located in the Hillside Preservation District (HPD), the HPD regulations shall be followed; however, a use permit and site development permit shall also be required;

(2)

Each conditional use approval is site specific and may not be transferred to another property than was originally approved; and

(3)

Annual inspections of the inn shall be made by the City Fire and Planning Divisions and the inn must secure and maintain the appropriate County Health Department permits and certificates.

(d)

Signs.

(1)

In Residential Districts only one wooden sign, no more than six (6) square feet in area, will be permitted. The sign may be freestanding or may be placed on an exterior wall or in a window. The sign may not be externally illuminated. The sign must: (a) conform to the City's Design Guidelines; and (b) receive sign permit approval by the Planning Administrator pursuant to Article 29 of Chapter 4 of Title 9 this Code.

(2)

Inns located in any district other than Residential may have signs consistent with Article 29 of Chapter 4 of Title 9 of this Code.

(§ 1, Ord. 559-C.S., eff. November 7, 1990; Ord. No. 769-C.S., § 9, eff. December 23, 2009)

Sec. 9-4.464. - Legalization of existing bed and breakfast inns.

Existing inns which have not received a special use permit or site development permit are considered illegal. If an inn was in existence prior to the date of adoption of the ordinance codified in this article and if the property owner requests legalization, the Commission may waive the parking and lot requirement standards. It shall be the applicant's responsibility to provide evidence that the inn was in existence prior to the date of adoption of the ordinance codified in this article. The waiver of the standards for illegal inns shall be discretionary, and such waiver shall depend on individual circumstances and the ability to make findings for approval.

(§ 1, Ord. 559-C.S., eff. November 7, 1990)

Article 5. - R-2 Two-Family Residential District

Sec. 9-4.501. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-2 District:

(1)

Single-family dwellings on parcels less than five thousand eight hundred (5,800) square feet in area;

(2)

Two-family dwellings;

(3)

Accessory buildings and uses;

(4)

Community care facilities for six (6) or fewer persons;

(5)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and

(6)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.

(b)

Conditional uses. Conditional uses allowed in the R-2 District, subject to obtaining a use permit, shall be as follows:

(1)

Two-family dwelling groups (more than one (1) main building);

(2)

Community care facilities for more than six (6) persons;

(3)

Conditional uses allowed in the R-1 District; and

(4)

Single-family dwellings on parcels larger than five thousand eight hundred (5,800) square feet in area.

(§ 4.02, Ord. 363, as amended by § 2, Ord. 419, and § 1, Ord. 466; repealed by § I, Ord. 355-C.S., eff. December 8, 1982; reenacted by § II, said Ord. 355-C.S., as amended by § IV (A) and (B), Ord. 491-C.S., eff. October 28, 1987, and § 12, Ord. 538-C.S., eff. December 27, 1989; § 4, Ord. 819-C.S., eff. November 7, 2017; § 8, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 2, Ord. 844-C.S., eff. June 12, 2019; § 4, Ord. 854-C.S., eff. February 26, 2020; § 4E, Ord. No. 894-C.S., eff. January 10, 2024; Ord. No. 902-C.S., § 6(Exh. A, § 10), eff. September 24, 2025)

Sec. 9-4.502. - Development regulations.

Development regulations in the R-2 District shall be as follows:

(a)

Minimum building site area: 5,000 square feet;

(b)

Minimum lot area per dwelling unit: 2,900 square feet;

(c)

Minimum lot width: fifty (50′) feet;

(d)

Required minimum setback: same as R-1 standards;

(e)

Maximum height of structures: same as R-1 standards;

(f)

Maximum lot coverage by all structures: fifty (50%) percent;

(g)

Minimum landscaped area: twenty (20%) percent;

(h)

In the case of conditional uses, additional regulations may be required;

(i)

Parking: as set forth in Article 28 of this chapter; and

(j)

Permits for site development: as set forth in Article 32 of this chapter.

(k)

Cannabis cultivation for personal use: as set forth in Article 48 of this chapter, including, without limitation, the prohibition on outdoor cultivation on any parcel directly abutting any school, day care center, or youth center as those terms are defined.

(l)

Notwithstanding the provisions of this section, the development regulations for accessory dwelling units and junior accessory dwelling units shall be those set forth in Article 4.5.

(§ II, Ord. 355-C.S., eff. December 8, 1982, as amended by § 2, Ord. 405-C.S., eff. May 23, 1984; § 4, Ord. 819-C.S., eff. November 7, 2017; § 8, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 4, Ord. 854-C.S., eff. February 26, 2020)

Article 6. - R-3 Multiple-Family Residential District

Sec. 9-4.601. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-3 District:

(1)

Duplexes and multiple-family dwellings;

(2)

Accessory buildings and uses;

(3)

Community care facilities for six (6) or fewer persons;

(4)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and

(5)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.

(b)

Conditional uses. Conditional uses allowed in the R-3 District, subject to obtaining a use permit, shall be as follows:

(1)

Single-family dwellings;

(2)

Rooming houses and boardinghouses;

(3)

Lodges, clubs, clubrooms, and dormitories;

(4)

(Repealed by § V (B), Ord. 491-C.S., eff. October 28, 1987)

(5)

Conditional uses as allowed in the R-1 and R-2 Districts;

(6)

Coastal access; and

(7)

Community care facilities for more than six (6) persons.

(§ 4.03, Ord. 363, as amended by § 2, Ord. 419, § 2, Ord. 466, § 1, Ord. 474, §§ I and II, Ord. 355-C.S., eff. December 8, 1982, § 3, Ord. 405-C.S., eff. May 1984, and § V (A) and (B), Ord. 491-C.S., eff. October 28, 1987; § 5, Ord. 819-C.S., eff. November 7, 2017; § 9, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 2, Ord. 844-C.S., eff. June 12, 2019; § 5, Ord. 854-C.S., eff. February 26, 2020; § 4F, Ord. No. 894-C.S., eff. January 10, 2024; § 6(Exh. A, § 11), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.602. - Development regulations.

Development regulations in the R-3 District shall be as follows:

(a)

Minimum site area: 5,000 square feet;

(b)

Minimum lot area per dwelling unit: 2,075 square feet;

(c)

Minimum lot width: fifty (50′) feet;

(d)

Minimum setbacks: same as R-1 standards;

(e)

Maximum height of structures: same as R-1 standards;

(f)

Maximum lot coverage: sixty (60%) percent;

(g)

Minimum landscaped area: twenty (20%) percent;

(h)

Minimum usable open space: 400 square feet per unit;

(i)

In the case of conditional uses, additional regulations may be required;

(j)

Parking: as set forth in Article 28 of this chapter; and

(k)

Permits for site development: as set forth in Article 32 of this chapter.

(l)

Cannabis cultivation for personal use: as set forth in Article 48 of this chapter, including, without limitation, the prohibition on outdoor cultivation on any parcel directly abutting any school, day care center, or youth center as those terms are defined.

(m)

Notwithstanding the provisions of this section, the development regulations for accessory dwelling units and junior accessory dwelling units shall be those set forth in Article 4.5.

(§ II, Ord. 355-C.S., eff. December 8, 1982, as amended by § 4, Ord. 405-C.S., eff. May 23, 1984, and § 13, Ord. 538-C.S., eff. December 27, 1989; § 5, Ord. 819-C.S., eff. November 7, 2017; § 9, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 5, Ord. 854-C.S., eff. February 26, 2020)

Article 6.5. - R-3/L.D. Multiple-Family Density Residential District

Sec. 9-4.651. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-3/L.D. District:

(1)

All uses permitted in the R-3 District.

(b)

Conditional uses.. Conditional uses allowed in the R-3/L.D. District, subject to obtaining a use permit, shall be as follows:

(1)

Single-family dwellings;

(2)

Clustered housing pursuant to Article 24 of this chapter;

(3)

Community care facilities for more than six (6) persons;

(4)

Parks and playgrounds.

(§ 1, Ord. 541-C.S., eff. January 10, 1990; § 4G, Ord. No. 894-C.S., eff. January 10, 2024; § 6(Exh. A, § 12), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.652. - Development regulations.

Development regulations in the R-3/L.D. District shall be as follows:

(a)

Minimum site area: 7,500 square feet;

(b)

Minimum lot area per dwelling unit: 4,840 square feet;

(c)

Minimum lot width: fifty (50′) feet;

(d)

Minimum setbacks: same as R-1 standards;

(e)

Maximum height of structures: same as R-1 standards;

(f)

Maximum lot coverage: fifty (50%) percent;

(g)

Minimum landscaped area: twenty-five (25%) percent;

(h)

Minimum usable open space: 450 square feet per unit;

(i)

In the case of conditional uses, additional regulations may be required;

(j)

Parking: as set forth in Article 28 of this chapter;

(k)

Permits for site development: as set forth in Article 32 of this chapter; and

(l)

Cannabis cultivation for personal use: as set forth in Article 48 of this chapter, including without limitation the prohibition on outdoor cultivation on any parcel directly abutting any school, day care center, or youth center as those terms are defined.

(§ 1, Ord. 541-C.S., eff. January 10, 1990, as amended by § 6, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Article 7. - R-3-G Multiple-Family Residential Garden District*

• Article 7 entitled "Multiple-Family Residential District (R-3.1)", consisting of Section 9-4.701, codified from Ordinance No. 363, as amended by Ordinance Nos. 419, 466, and 474, repealed by Section I, Ordinance No. 355-C.S., effective December 8, 1982.

Sec. 9-4.701. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-3-G District:

(1)

All uses permitted in the R-3 District.

(b)

Conditional uses. Conditional uses allowed in the R-3-G District, subject to obtaining a use permit, shall be as follows:

(1)

All conditional uses in the R-3 District.

(§ II, Ord. 355-C.S., eff. December 8, 1982)

Sec. 9-4.702. - Development regulations.

Development regulations in the R-3-G District shall be as follows:

(a)

Minimum site area: 7,500 square feet;

(b)

Minimum lot area per dwelling unit: 2,300 square feet;

(c)

Minimum lot width: sixty (60′) feet;

(d)

Minimum setbacks: same as R-1 standards;

(e)

Maximum height of structures: same as R-1 standards;

(f)

Maximum lot coverage for all structures: fifty (50%) percent;

(g)

Minimum landscaped area: twenty-five (25%) percent;

(h)

Minimum usable open space: 450 square feet per unit;

(i)

Maximum height of structures: same as R-1 standards;

(j)

In the case of conditional uses, additional regulations may be required;

(k)

Parking: as set forth in Article 28 of this chapter;

(l)

Permits for site development: as set forth in Article 32 of this chapter; and

(m)

Cannabis cultivation for personal use: as set forth in Article 48 of this chapter, including without limitation the prohibition on outdoor cultivation on any parcel directly abutting any school, day care center, or youth center as those terms are defined.

(§ II, Ord. 355-C.S., eff. December 8, 1982, as amended by § 5, Ord, 405-C.S., eff. May 23, 1984; § 7, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Article 8. - R-3.1 Multiple-Family Residential District*

• Article 8 entitled "Garden Apartment District (R-3-G)", consisting of Section 9-4.801, codified from Ordinance No. 363, as amended by Ordinance Nos. 419 and 466, repealed by Section I, Ordinance No. 355-C.S., effective December 8, 1982.

Sec. 9-4.801. - Permitted and conditional uses.

The permitted and conditional uses in the R-3.1 District shall be the same as in the R-3 District.

(§ II, Ord. 355-C.S., eff. December 8, 1982)

Sec. 9-4.802. - Development regulations.

Development regulations in the R-3.l District shall be the same as in the R-3 District.

(§ II, Ord. 355-C.S., eff. December 8, 1982)

Article 9. - R-5 High Rise Apartment District

Sec. 9-4.901. - Permitted and conditional uses.

The permitted and conditional uses in the R-5 District shall be the same as in the R-3 District.

(§ 4.06, Ord. 363, as amended by § 2, Ord. 419; repealed by § I, Ord. 355-C.S., eff. December 8, 1982; reenacted by § II, said Ord. 355-C.S.)

Sec. 9-4.902. - Development regulations.

Development regulations in the R-5 District shall be the same as in the R-3 District.

(§ 4.06, Ord. 363, as amended by § 1, Ord. 64-C.S., eff. October 25, 1972; repealed by § I, Ord. 355-C.S., eff. December 8, 1982; reenacted by § II, said Ord. 355-C.S.)

Article 9.5. - R-1-H Single-Family Residential Hillside District

Sec. 9-4.951. - Purpose.

The City Council finds and declares that certain hillside areas and certain areas of the City which are not located on developed public streets provide unique terrain features and add substantially to the character of the area such that the location, type, and visibility of development therein will affect the quality of the environment. The City Council finds that hillside development of sensitive areas should be regulated to ensure that any proposed development of houses and streets complies with the Pacifica Design Guidelines and preserves the natural terrain while allowing residential development compatible with the slope limitations of the development site. In addition, development proposals on currently undeveloped public streets present issues relative to grading, access, visibility, and neighborhood character. The objectives of the R-1-H District are to ensure that new structures and streets are designed to protect the visual and natural resource qualities of the hillsides and to minimize adverse impacts on existing neighborhoods, drainage, traffic, land stability, and natural resources.

(§ 1, Ord. 582-C.S., eff. January 8, 1992)

Sec. 9-4.952. - Permitted and conditional uses.

The permitted and conditional uses allowed in the R-1-H District shall be those permitted and conditional uses as listed for the R-1 District, Section 9-4.401.

(§ 1, Ord. 582-C.S., eff. January 8, 1992)

Sec. 9-4.953. - Development regulations.

The development regulations in the R-1-H District shall be the same as those listed for the R-1 District with the following exception: No building permit may be issued for any new structure on a lot zoned R-1-H without obtaining a site development permit.

(§ 1, Ord. 582-C.S., eff. January 8, 1992)

Sec. 9-4.954. - Street approval requirement.

No grading, encroachment, or building permit may be issued for the development of any unimproved, platted new street to an improved street in the R-1-H District without first obtaining a site development permit.

(§ 1, Ord. 582-C.S., eff. January 8, 1992)

Article 10. - C-1 Neighborhood Commercial District*

• Sections 9-4.1001 through 9-4.1003, codified from Ordinance No. 363, as amended by Ordinance Nos. 382, 419, 425, and 137-C.S., effective December 12, 1974, repealed by Ord. No. 350-C.S., effective November 10, 1982.

Sec. 9-4.1001. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the C-1 District:

(1)

Retail uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;

(2)

Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);

(3)

Business and administrative offices when located entirely above the ground floor of any commercial structure;

(4)

Art galleries and instructional studios for dance and arts or crafts and craft production shops; and

(5)

In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter; and

(6)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.

(b)

Conditional uses. Conditional uses allowed in the C-1 District, subject to obtaining a use permit, shall be as follows:

(1)

Service stations;

(2)

Retail alcohol sales in conjunction with service stations;

(3)

Mini-markets and similar retail uses in conjunction with services stations;

(4)

Conversion of service stations from full service to self-service;

(5)

Motels and drive-in restaurants;

(6)

Veterinary hospitals and clinics (small animals);

(7)

Special care and child care facilities;

(8)

Business and administrative offices, if located on the ground floor;

(9)

Amusement machine arcades as a new or a part of an existing use;

(10)

Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;

(11)

One or more dwelling units in the same building as a commercial use when located entirely above the ground floor. Density shall be controlled by a minimum lot area per dwelling unit of two thousand (2,000) square feet;

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming; and

(14)

Health/fitness clubs.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § V, Ord. 440-85, eff. March 13, 1985, § VI (A), Ord. 491-C.S., eff. October 28, 1987, § 3, Ord. 538-C.S., eff. December 27, 1989, § III (A), Ord. 610-C.S., eff. March 16, 1994, §§ VI and VII, Ord. 641-C.S., eff. May 8, 1996 and § 1, Ord. 723-C.S., eff. February 24, 2005; Ord. No. 769-C.S., § 6, eff. December 23, 2009; § 3, Ord. No. 809 C.S., eff. October 12, 2016; § 8, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 3, Ord. 846-C.S., eff. September 11, 2019; § 6, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.1002. - Development regulations.

Development regulations in the C-1 District shall be as follows:

(a)

Minimum building site: 5,000 square feet;

(b)

Minimum lot dimensions: fifty (50′) foot width;

(c)

Setbacks: none, unless established by the site development permit;

(d)

Minimum landscape area: ten (10%) percent;

(e)

Maximum height: thirty-five (35′) feet;

(f)

Parking: as set forth in Article 28 of this chapter;

(g)

Permits for site development: as set forth in Article 32 of this chapter;

(h)

All uses shall be conducted entirely within an enclosed structure, except as otherwise provided in Article 23 of this chapter;

(i)

A use permit shall be required for all new construction projects abutting an R District. A use permit may be required for any change of use when the site abuts an R District. The use permit determination process described below may be utilized for any change of use when a site abuts an R District if the use is a permitted use in the district and when hours are limited to 8:00 a.m. to 9:00 p.m. Within five (5) working days after the submittal of a written request for any new use set forth in this subsection, the Planning Administrator shall determine in writing whether a use permit shall be required. Such determination shall be based on an analysis of the compatibility of the proposed use with adjacent residential development, including, but not limited to, noise, traffic, circulation, odors, hours of operations, site design and improvements. In the event the Planning Administrator determines that no use permit is required, the decision shall be placed on the next Commission agenda as an administrative calendar item, and any two (2) Commissioners may request that a use permit be obtained. Existing individual shopping centers may apply for a use permit for a master list of uses permitted without further use permits;

(j)

In the Coastal Zone, when a new use or a change of use is proposed, a use permit determination shall be required for all permitted uses other than visitor-serving commercial uses. The process for a use permit determination shall be as set forth in Section 9-4.1002(i). The determination of the Planning Administrator shall be based on an analysis of the balance of visitor-serving commercial uses with other commercial uses, and consistency with the individual neighborhood narratives and the plan conclusions and other relevant policies of the LCP Land Use Plan. The provisions of Section 9-4.4410 shall also apply; and

(k)

A use permit for one or more residential dwelling units shall be required prior to establishment of accessory dwelling units and junior accessory dwelling units, as provided in Article 4.5 of this chapter.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § 3 Ord. 554-C.S., eff. June 13, 1990, and § III (B) and (C), Ord. 610-C.S., eff. March 16, 1994; § 6, Ord. 854-C.S., eff. February 26, 2020)

Article 11. - C-2 Community Commercial District*

• Article 11 entitled "Commercial Apartment District (C-1-A)", consisting of Section 9-4.1101, codified from Ordinance No. 363, as amended by Ordinance No. 419, repealed by Section I, Ordinance No. 350-C.S.,

effective November 10, 1982.

Sec. 9-4.1101. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the C-2 District:

(1)

Retail stores and shops;

(2)

Personal and business service establishments, including financial institutions;

(3)

Offices;

(4)

Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;

(5)

Retail restaurants, fast food restaurants, restaurants and bars;

(6)

Household appliance and furniture sales and service in conjunction with sales;

(7)

Veterinary hospitals and clinics;

(8)

In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter;

(9)

Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5; and

(10)

Emergency shelters for twenty (20) or less persons or beds, subject to the standards of Article 53.

(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;

(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").

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § 4, Ord. 538-C.S., eff. December 27, 1989, § IV (A), Ord. 610-C.S., eff. March 16, 1994, § VIII, Ord. 641-C.S., eff. May 8, 1996 and § 2, Ord. 723-C.S., eff. February 24, 2005; § 9, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 4, Ord. 846-C.S., eff. September 11, 2019; § 7, Ord. 854-C.S., eff. February 26, 2020; § 4H, Ord. No. 894C.S., eff. January 10, 2024; § 6, Ord. 905-C.S., eff. February 11, 2026)

Sec. 9-4.1102. - Development regulations.

Development regulations in the C-2 District shall be as follows:

(a)

Minimum building site: 5,000 square feet;

(b)

Minimum lot dimensions: fifty (50′) foot width;

(c)

Required minimum setback: none, unless established by the site development permit;

(d)

Minimum landscaped area: ten (10%) percent;

(e)

Maximum allowable height: thirty-five (35′) feet;

(f)

Parking: as set forth in Article 28 of this chapter;

(g)

Permits for site development: as set forth in Article 32 of this chapter;

(h)

All uses shall be conducted entirely within an enclosed structure, except as otherwise provided in Article 23 of this chapter;

(i)

A use permit may be required pursuant to the provisions of subsection (i) of Section 9-4.1002 of Article 10 of this chapter;

(j)

In the Coastal Zone, when a new use or a change of use is proposed, a use permit determination shall be required for all permitted uses other than visitor-serving commercial uses. The process for a use permit determination shall be as set forth in Sections 9-4.1002(i) and (j); and

(k)

A cannabis activity permit shall be required prior to establishment of a cannabis testing operation, as provided in Article 48 of this chapter.

(l)

A use permit for one or more residential dwelling units shall be required prior to establishment of accessory dwelling units and junior accessory dwelling units, as provided in Article 4.5 of this chapter.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § IV (B), Ord. 610-C.S., eff. March 16, 1994; § 9, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 7, Ord. 854-C.S., eff. February 26, 2020)

Article 12. - C-3 Service Commercial District*

• Article 12 entitled "General Commercial District (C-2)", consisting of Sections 9-4.1201 through 9-4.1203, codified from Ordinance No. 363, as amended by Ordinance Nos. 382, 419, 425, 453, and 466, repealed by Section I, Ordinance No. 350-C.S., effective November 10, 1982.

Sec. 9-4.1201. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in title C-3 District:

(1)

Warehouses and storage facilities;

(2)

Shops, such as glass, welding, cabinetry, sheet metal work, paint mixing, upholstery, machine shops, and sign shops;

(3)

Large-scale crafts production, including the use of a heating source or chemicals for the production of goods;

(4)

Car washes and service stations; and

(5)

Retail sales in conjunction with any of the uses set forth in this subsection, except retail sales in conjunction with a cannabis operation as defined in Article 48 of this chapter.

(b)

Conditional uses. Conditional uses allowed in the C-3 District, subject to obtaining a use permit, shall be as follows:

(1)

Processing, manufacture, or assembly plants or plants for the production of goods or the performance of services for wholesale distribution;

(2)

Auto body repair, paint, and upholstery;

(3)

Auto wrecking;

(4)

Refuse operations and recycling centers;

(5)

Full service or specialty auto repair not in conjunction with service stations;

(6)

Wholesale nurseries and lumber yards;

(7)

Cannabis manufacturing 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

(8)

All uses allowed as permitted or conditional uses in the C-1 and C-2 Districts, unless otherwise permitted in the C-3 District, and except residential uses.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § V, Ord. 440-85, eff. March 13, 1985; § 10, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1202. - Development regulations.

Development regulations in the C-3 District shall be as follows:

(a)

Minimum building site: 5,000 square feet;

(b)

Minimum lot dimensions: fifty (50′) foot width;

(c)

Required minimum setback: none, unless required by the site development permit;

(d)

Minimum landscaped area: ten (10%) percent;

(e)

Maximum allowable height: thirty-five (35′) feet;

(f)

Parking: as set forth in Article 28 of this chapter;

(g)

Permits for site development: as set forth in Article 32 of this chapter;

(h)

All uses shall be conducted entirely within an enclosed structure, unless otherwise specified in an approved use permit or pursuant to Article 23 of this chapter;

(i)

All uses abutting an R District shall require a use permit;

(j)

Marine oriented or coastal dependent industrial uses shall be permitted in the coastal area, except where such uses abut an R District, in which case a use permit shall be required; and

(k)

A cannabis activity permit shall be required prior to establishment of a cannabis manufacturing operation or cannabis testing operation, as provided in Article 48 of this chapter.

(§ II, Ord. 350-C.S., eff. November 10, 1982, as amended by § 10, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Article 13. - C-1-A Commercial Apartment District*

• Article 13 entitled "Service Commercial District (C-3)", consisting of Sections 9-4.1301 through 9-4.1303, codified from Ordinance No. 363, as amended by Ordinance Nos. 419, 466, 61-C.S., effective September 27, 1972, and 228-C.S., effective May 24, 1978, repealed by Section I, Ordinance No. 350-C.S., effective November 10, 1982.

Sec. 9-4.1301. - Permitted and conditional uses and development regulations.

The permitted uses in the C-1-A District and the development regulations therefor shall be as set forth in Article 10 of this chapter for the C-1 District.

(§ II, Ord. 354-C.S., eff. December 8, 1982)

Article 14. - O Professional Office District

Sec. 9-4.1401. - Permitted and conditional uses and development regulations.

The permitted uses in the O District and the development regulations therefor shall be as set forth in Article 11 of this chapter for the C-2 District, except that emergency shelters are not a permitted use in the O District.

(§ 4.11, Ord. 363, as amended by § 2, Ord. 419; repealed by § I, Ord. 350-C.S., eff. November 10, 1982; reenacted by § II, Ord. 354-C.S., eff. December 8, 1982; § 4A, Ord. No. 894-C.S., eff. January 10, 2024)

Article 15. - C-R Commercial Recreation District*

• Sections 9-4.1501 through 9-4.1503, codified from Ordinance No. 363, as amended by Ordinance Nos. 419 and 197-C.S., effective April 13, 1977, repealed by Section I, Ordinance No. 350-C.S., effective November 10, 1982.

Sec. 9-4.1501. - Permitted and conditional uses and development regulations.

The permitted uses in the C-R District and the development regulations therefor shall be as set forth in Article 11 of this chapter for the C-2 District, except that emergency shelters are not a permitted use in the C-R District.

(§ II, Ord. 354-C.S., eff. December 8, 1982; § 4B, Ord. No. 894-C.S., eff. January 10, 2024)

Article 16. - M-1 Controlled Manufacturing District*

• Sections 9-4.1601 and 9-4.1602, codified from Ordinance No. 363, as amended by Ordinance No. 419, repealed by Section I, Ordinance No. 350-C.S., effective November 10, 1982.

Sec. 9-4.1601. - Permitted and conditional uses and development regulations.

The permitted uses in the M-1 District and the development regulations therefor shall be as set forth in Article 12 of this chapter for the C-3 District.

(§ II, Ord. 354-C.S., eff. December 8, 1982)

Article 17. - M-2 Industrial District

Sec. 9-4.1701. - Permitted and conditional uses and development regulations.

The permitted uses in the M-2 District and the development regulations therefor shall be as set forth in Article 12 of this chapter for the C-3 District.

(§ 4.14, Ord. 363, as amended by § 2, Ord. 419; repealed by § I, Ord. 350-C.S., eff. November 10, 1982; reenacted by § II, Ord. 354-C.S., eff. December 8, 1982)

Article 17.5 - CO Cannabis Operation Overlay District

Sec. 9-4.1751. - Scope.

Subject to all other regulations set forth in this Code, uses shall be allowed in a Cannabis Operation Overlay District (CO) as set forth in this article. Standards or regulations in effect in any zoning district or districts underlying a Cannabis Operation Overlay District (CO) shall remain in effect unless the subject matter of such standard or regulation is addressed in this article. The provisions of any Cannabis Operation Overlay District (CO) shall prevail in the event of any conflict with the provisions of any zoning district or districts upon which it is overlaid.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1752. - Purpose.

The purpose of each Cannabis Operation Overlay District (CO) is to allow the City to retain the greatest amount of control over the location and number of certain cannabis businesses and related activities. Without proper regulation, these cannabis businesses and related activities have the potential to adversely impact residents, employees, businesses, and properties in the areas surrounding them. Therefore, to protect public health, safety, and welfare, the City has established overlay zoning in order to efficiently implement specific standards for the establishment and operation of certain cannabis businesses and related activities.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1753. - Overlay districts created.

The following districts are hereby created, which shall overlay any underlying zoning district or districts, as further depicted in the zoning map described in Article 3 of this chapter:

(a)

Cannabis Operation, Fairmont Overlay District (CO-F);

(b)

Cannabis Operation, Linda Mar Overlay District (CO-LM);

(c)

Cannabis Operation, Park Pacifica Overlay District (CO-PP);

(d)

Cannabis Operation, Rockaway Beach Overlay District (CO-RB);

(e)

Cannabis Operation, Sharp Park Overlay District (CO-SP).

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1754. - Uses permitted.

Cannabis operations shall be allowed within the Cannabis Operation Overlay District (CO) as provided in this section. The term "Cannabis Operation" shall have that meaning as defined in Article 48 of this chapter. Any and all cannabis operations not expressly described herein, or otherwise allowed in an underlying zoning district or districts, are expressly prohibited.

(a)

Permitted uses. None.

(b)

Conditional uses. Conditional uses allowed in the Cannabis Operation Overlay District (CO), subject to obtaining a cannabis activity permit, and further subject to the definitions, supplemental findings, and other provisions contained in Article 48 of this chapter, shall be as follows:

(1)

Cannabis retail operation, as defined in Article 48 of this chapter.

(c)

Planned Development District (P-D). When a Planned Development District (P-D) underlies a Cannabis Operation Overlay District (CO), a cannabis business or activity described in this article may be allowed

upon approval of a cannabis activity permit, and shall not require approval of a development plan or an amendment to an existing development plan.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1755. - Number of businesses or activities permitted.

The number of cannabis operations allowed within a Cannabis Operation Overlay District (CO) shall be the number set forth in this section.

(a)

Cannabis retail operation. The number of cannabis retail operations within the City of Pacifica shall not exceed six (6), and within that overall limitation, the number allowed within any Cannabis Operation Overlay District (CO) shall be further limited to the maximum provided in the following table:

Table 9-4.1755(a)

NUMERICAL LIMITATIONS

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1756. - Development standards.

The development standards within any Cannabis Operation Overlay District (CO) shall be those development standards in effect in the underlying zoning district or districts.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1757. - Other discretionary permits.

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of any requirement to obtain a discretionary permit pursuant to the standards of any zoning district or districts underlying a Cannabis Operation Overlay District (CO), including, without limitation, a coastal development permit, a permit to construct or to modify any structure, or a change of use.

(§ 11, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Article 18. - Parking District (P)

Subject to all other regulations set forth in this chapter, the following uses shall be permitted, and the following regulations shall apply in the Parking District (P).

Article 19. - Agricultural District (A)

Sec. 9-4.1901. - Uses permitted: Restrictions (A).

Subject to all other regulations set forth in this chapter, the following uses shall be permitted, and the following regulations shall apply in the Agricultural District (A).

(Sec. 4.17, Ord. 363, as amended by Sec. 2, Ord. 419; as amended by § 2, Ord. 604-C.S., eff. July 8, 1993; § 12, Ord. 819-C.S., eff. November 7, 2017; § 10, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.1902. - Additional requirements (A).

No livestock shall be housed or concentrated in an enclosure located nearer than 100 feet from any adjoining dwelling. No livestock, other than small livestock, shall be housed or concentrated in an enclosure located within 1000 feet of any residential district boundary or within 150 feet of any adjoining dwelling.

(§ 4.17, Ord. 363)

Article 20. - B- Lot Size Overlay District*

• Article 20 entitled "Combining Lot Site District (B-I)", consisting of Section 9-4.2001, codified from Ordinance No. 363, as amended by Ordinance No. 419, repealed by Ordinance No. 355-CS., effective December 8, 1982.

Sec. 9-4.2001. - Permitted and conditional uses.

The permitted and conditional uses in the B- District shall be those with which the B- District is combined.

(§ II, Ord. 355-C.S., eff. December 8, 1982)

Sec. 9-4.2002. - Development regulations.

Development regulations in the B-District shall be as follows:

(a)

Minimum lot area per dwelling unit and minimum building site area.

(b)

Minimum lot width.

(c)

Maximum coverage.

(d)

Minimum setbacks.

(1)

Front: Twenty-five (25′) feet for all B- Districts;

(2)

Rear: Twenty-five (25′) feet for all B- Districts; and

(3)

Side:

B-10 20 feet

(e)

Maximum height. The maximum height shall be thirty-five (35′) feet for all B-Districts.

(§ II, Ord. 355-C.S., eff. December 8, 1982, as amended by § II, Ord. 511-C.S., eff. August 24, 1988) Article 20.5. - Open Space District

The City recognizes that there are numerous areas of the City with a high scenic, environmental, and aesthetic value which are currently open space or undeveloped land. The purpose of the Open Space District is to provide for the protection, maintenance, and enhancement of such environmental resources while providing for reasonable and compatible uses of land.

It is the purpose of the Open Space District that such protection may be extended to, but not be limited to, public parks and playgrounds, beaches and beach access, sensitive habitat areas, creek setbacks, golf courses and country clubs, open spaces reserved for open space use as part of a planned development, land which is unsuitable for development due to steep slopes, geotechnical hazards, or other reasons, land areas vital to water resources relating to the supply, recharge, and/or watersheds, and areas of scenic value or unique natural features.

Specific objectives of the Open Space District are as follows:

(a)

To provide for the protection of environmentally sensitive areas;

(b)

To provide guidelines for the appropriate use of open space areas;

(c)

To provide for public safety;

(d)

To provide for recreational and cultural use areas in the City; and

(e)

To implement the Open Space Element of the General Plan.

(§ 1, Ord. 502-C.S., eff. May 11, 1988)

Sec. 9-4.2052. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the Open Space District:

(1)

Active and passive recreation;

(2)

Educational and cultural uses, excluding schools;

(3)

Open space as a reserve for seismic safety, water conservation erosion protection, view protection, or appropriate uses; and

(4)

Greenbelts.

(b)

Conditional uses. Conditional uses allowed in the Open Space District, subject to obtaining a use and site development permit, shall be as follows:

(1)

New buildings incidental and relating to any permitted use;

(2)

Additions to existing structures which increase the coverage and/or intensity of use of such structures by fifty (50%) percent or greater;

(3)

Shoreline erosion protection structures and beach access;

(4)

Golf courses and country clubs;

(5)

Parks, campgrounds, and public recreation areas;

(6)

Agricultural and horticultural uses;

(7)

Electrical distribution substations, microwave relay structures, and satellite dish antennas;

(8)

Rifle, pistol, and archery ranges;

(9)

Commercial uses incidental to the uses set forth in this subsection; and

(10)

Accessory residential uses for the purpose of providing security for the uses set forth in this subsection or housing for employees.

(§ 1, Ord. 502-C.S., eff. May 11, 1988)

Sec. 9-4.2053. - Development regulations.

Development regulations in the Open Space District shall be as follows:

(a)

As specified in the site development permit and use permit;

(b)

The use shall be consistent with the stated purpose of this article as set forth in the specific objectives; and

(c)

The use shall be environmentally and visually compatible with the physical characteristics of the site.

(§ 1, Ord. 502-C.S., eff. May 11, 1988)

Article 21. - P-F Public Facilities District*

• Article 21 entitled "Unclassified District (U)", consisting of Sections 9-4.2101 through 9-4.2103, codified from Ordinance No. 363, repealed by Section I, Ordinance No. 377-C.S., effective November 23, 1983.

Sec. 9-4.2101. - Permitted and conditional uses,

(a)

Permitted uses. The following uses shall be permitted in the P-F District (none).

(b)

Conditional uses. Conditional uses allowed in the P-F District, subject to obtaining a use permit and a site development permit, shall be as follows:

(1)

Public and private schools;

(2)

Government facilities, including, but not limited to, offices, storage facilities, and fire stations;

(3)

Utility installations, except nuclear power plants and liquefied natural gas facilities;

(4)

Recreation facilities on public land, including accessory visitor-serving commercial uses;

(5)

Churches;

(6)

Accessory residential uses for the purpose of providing security for the uses set forth in this subsection or housing for employees; and

(7)

Uses which the Commission finds and determines to be similar to those set forth in this subsection.

(§ II, Ord. 377-C.S., eff. November 23, 1983)

Sec. 9-4.2102. - Development regulations.

Development regulations in the P-F District shall be as follows:

(a)

As specified in the use permit and site development permit; and

(b)

The following criteria shall be considered in the review of a proposed project in the P-F District;

(1)

The proposed use shall be of such size, design, and operating characteristics as will make it compatible with surrounding uses with respect to bulk, scale, design, coverage, density, noise, the generation of traffic, and other environmental impacts;

(2)

The proposed development will enhance the successful operation of the community or will provide a service to the community; and

(3)

Particular attention shall be given to the provision of buffering of uses from the surrounding neighborhood, and significant adverse impacts shall be mitigated.

(§ II, Ord. 377-C.S., eff. November 23, 1983)

Article 21.5. - R-M Resource Management District

Sec. 9-4.2150. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-M District: (none).

(b)

Conditional uses. Conditional uses allowed in the R-M District, subject to obtaining a use permit and a site development permit, shall be as follows:

(1)

Agricultural uses, accessory structures, on-site sales of agricultural products, and housing for agricultural laborers;

(2)

Nurseries and greenhouses;

(3)

Livestock raising and grazing;

(4)

Dairies;

(5)

Dog kennels and breeding facilities;

(6)

Timber harvesting and commercial wood lots;

(7)

Churches and schools;

(8)

Public and private clubs;

(9)

Public recreation;

(10)

Commercial recreation, including, but not limited to, stables and riding academies, golf courses, camp grounds, dude ranches, hotels, motels, and restaurants; and

(11)

Residential development subject to the density limitations set forth in Section 9-4.2152 of this article.

(§ 1, Ord. 406-C.S., eff. May 23, 1984)

Sec. 9-4.2151. - Subdivision of large parcels.

Owners of parcels, any part of which falls within the R-M District, shall be subject to the following subdivision regulations in addition to other applicable State and local laws:

(a)

Creation of new parcels of 40 acres or more. Subdivision applicants resulting in parcels equal to or greater than forty (40) acres in size may be processed in accordance with Chapter 3 of this title.

(b)

Creation of new parcels less than 40 acres in size. Requests to subdivide property into parcels less than forty (40) acres in size shall be accompanied by a request for rezoning to the P-D District and a development plan application in accordance with Article 22 of this chapter.

(§ I, Ord. 406-C.S., eff. May 23, 1984)

Sec. 9-4.2152. - Development regulations.

Development regulations in the R-M District shall be as follows:

(a)

In the R-M District, for the purposes of determining the maximum total number of dwelling units permissible on any parcel, the following system shall be used: the total parcel shall be compared against the criteria of this section in the order listed. Any segment of a parcel to which a criterion first applies shall be allowed a maximum accumulation of such density. Once considered under a criterion, a segment of the parcel shall not be considered under subsequent criteria. When the applicable criteria have been determined for each of the areas, any portion of the parcel which has not yet been assigned a maximum density accumulation

shall be assigned a density of one dwelling unit per five (5) acres. The sum of densities accrued under all applicable categories shall constitute the maximum density of development permissible:

(1)

On lands falling within a 100-year flood plain as defined by the United States Geological Survey, dwelling units may be accumulated at a maximum of one unit per forty (40) acres. Where previous actions have eliminated such flood areas, the provisions of this subsection shall not apply;

(2)

For remote lands, defined as those lands over one mile from an existing all-weather through public road, the density accumulation shall be limited to one dwelling unit per forty (40) acres;

(3)

For areas within any of the three (3) least stable categories (categories V, VI, and L) as shown on the United States Geological Survey Map MF 360, "Landslide Susceptibility in San Mateo County," density accumulation shall be limited to one dwelling unit per forty (40) acres;

(4)

All areas located within the rift zone or zone of fractured rock of an active fault as defined by the United States Geological Survey Map MF 355, "Active Faults, Probably Active Faults, and Associated Fracture Zones in San Mateo County," shall be limited to a maximum density accumulation of one dwelling unit per forty (40) acres; and

(5)

That portion of a parcel which has a slope in excess of fifty (50%) percent shall have density accumulation limited to one dwelling unit per forty (40) acres; that portion of a parcel having a slope in excess of thirty (30%) percent but not exceeding fifty (50%) percent shall have density accumulation limited to one dwelling unit per twenty (20) acres; and that portion of a parcel having a slope in excess of fifteen (15%) percent but not exceeding thirty (30%) percent shall have density accumulation limited to one dwelling unit per ten (10) acres. Slope shall be calculated according to the formula in the Hillside Preservation District (HPD);

(b)

Minimum lot size: five (5) acres;

(b)

Minimum front yard setback: fifty (50′) feet;

(d)

Minimum side and rear yards: twenty (20′) feet; and

(e)

Maximum height: thirty-five (35′) feet.

(§ 1, Ord. 406-C.S., eff. May 23, 1984)

Article 22. - Planned Development District (P-D)

Sec. 9-4.2201. - Scope (P-D).

Subject to all other regulations set forth in this chapter, uses shall be permitted and regulations shall apply in the Planned Development District (P-D) as set forth in this article; however, for properties zoned both P-D and Special Area (SA), both zoning designations shall apply and the provisions of the SA District shall prevail in the event of any conflict between the provisions of the SA District and P-D District.

(§ 4.16, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § V (A), Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.2202. - Purpose (P-D).

The purpose of the Planned Development District (P-D) is to allow diversification of the relationships of various buildings, structures and open spaces in planned building groups, while insuring substantial compliance with the district regulations and other provisions of this chapter, in order that the intent of this chapter that adequate standards related to the public health, safety, and general welfare shall be observed without unduly inhibiting the advantage of large scale site planning for residential, commercial, or industrial purposes. The amenities and compatibilities of the P-D District shall be insured through the adoption of a development plan and specific plans showing proper orientation, desirable design character, and compatible land uses. To this end, the use of the Planned Development District (P-D) is encouraged.

(§ 4.161, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975)

Sec. 9-4.2203. - Uses permitted (P-D).

The uses permitted in the Planned Development District (P-D) shall be the uses designated on the approved development plan; provided, however, in the event such approved usage does not conform to the General Plan of the City, the General Plan shall be amended to conform to the development plan simultaneously with the amending of the Zoning map classifying the parcel P-D.

(a)

A cannabis operation may be allowed within any portion of a Planned Development District (P-D) where the approved development plan specifies a commercial use upon approval of a Cannabis activity permit, and further subject to the standards contained in Article 48 of this chapter. An amendment to the approved development plan shall not be required. In cases where the details of the original development plan are not available, the Planning Administrator may determine that the development plan specified commercial activity for an area based on the existing development pattern and nature of existing uses in the area.

(b)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit may be allowed within any portion of a Planned Development District (P-D) where the approved

development plan specifies a residential use subject to the standards contained in Article 48 of this chapter. An amendment to the approved development plan shall not be required. In cases where the details of the original development plan are not available, the Planning Administrator may determine that the development plan specified residential use for an area based on the existing development pattern and nature of existing uses in the area. Outdoor cannabis cultivation shall not be permitted on any parcel directly abutting any school, day care center, or youth center as those terms are defined in Article 48 of this chapter.

(§ 4.162 (C), Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975; § 13, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.2204. - Development standards (P-D).

The following provisions shall apply in the Planned Development District (P-D), which district shall also be subject to the other provisions of this chapter; provided, however, where conflicts in regulations occur, the regulations set forth in this section or in the development plan or specific plans approved pursuant to the provisions of this section shall apply:

(a)

Size. The minimum size of any parcel for which an application for a P-D District will be accepted shall be five (5) contiguous acres, except as otherwise provided for the Hillside Preservation District in this subsection. The entire parcel shall be in one ownership, or the application shall be made by, or with the written authorization for such action on behalf of, all property owners concerned and the applicant, together with a statement signed by interested owners that they agree to be bound by the regulations and conditions which shall be effective within the district. All properties under common ownership or control shall be planned as a single unit within which incremental or phased development may be permitted. Any parcel of land, regardless of size, in the Hillside Preservation District (HPD) shall meet the requirements and provisions of the HPD regulations, except as otherwise set forth in this chapter. The five (5) acre minimum standard for the P-D District shall not apply to the Hillside Preservation District.

(b)

Other Regulations. Regulations for area, coverage, density, yards, parking, height, and open ground area for P-D District users shall be guided by the regulations of the residential, commercial, or industrial zoning districts most similar in nature and function to the proposed P-D District uses as determined by the Commission and the Council. Regulations for public improvements and subdivisions shall be governed by

applicable laws of the City. Exceptions to such regulations by the Commission and the Council shall be permitted when the Commission and Council find that such exceptions encourage a desirable environment and are warranted in terms of the proposed development, or units thereof, in accordance with the regulations and limitations set forth in this article.

(§ 4.162 (A) and (B), Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. b56-C.S., eff. November 26, 1975)

Sec. 9-4.2205. - Development plans: Applications: Fees (P-D).

(a)

Simultaneously with an application to classify a parcel to the Planned Development District (P-D), the applicant shall submit a development plan containing the following elements:

(1)

The circulation pattern, indicating both public and private streets;

(2)

All parks, playgrounds, school sites, public buildings, open space, and other such uses;

(3)

The land uses, indicating the approximate areas to be used for various purposes, the acreage and percentage of total area in each land use, the population densities, the lot area per dwelling unit (excluding public street area), the percentage of area covered by buildings, pavement, and grading, and land uses on adjacent parcels;

(4)

A map showing the topography of the proposed district at one foot contour intervals in areas of cross slope of less than five (5%) percent, at two (2′) foot contour intervals in areas of five (5%) percent through ten (10%) percent cross slope, and at five (5′) foot contour intervals in areas exceeding ten (10%) percent cross slope;

(5)

The following studies of the proposed development:

(i)

A cost revenue analysis for any residential or institutional project,

(ii)

A market analysis for proposed commercial developments;

(iii)

A completed environmental information form in accordance with CEQA Guidelines to allow the City to make a determination that the project is categorically exempt, that a negative declaration be prepared, or that an environmental impact report is necessary. If an environmental impact report is necessary, the applicant shall deposit the necessary funds with the City for the completion of such report;

(iv)

A general list of price ranges (both sale and rental) for proposed residential developments; and

(v)

A geological and soils analysis which shall contain an adequate description of the soils and geology of the site and conclusions and recommendations regarding the effect of the soil and geological conditions on potential grading, excavations, street and utility improvements, and structures.

For any development proposal within the Hillside Preservation District which is less than five (5) acres, the provisions of subsections (i) and (ii) of this subsection shall be required, unless conditions warrant the waiver of said provisions by the Commission;

(6)

Plans showing the Concepts for:

(i)

Building siting and configuration;

(ii)

Architectural character, and

(iii)

Grading, tree removal, and other alterations to the natural condition of the land;

(7)

A development schedule indicating the approximate date on which the construction of the project can be expected to begin, the anticipated rate of development, and the completion date. There also shall be included, if applicable, a delineation of units or segments to be constructed in progression;

(8)

Proof of ownership of the properties proposed for reclassification or written approval from the owners of record to seek development plan approval and reclassification; and

(9)

Other information as indicated on the prescribed form by the Planning Administrator.

(b)

Development plans and, thereafter, specific plans shall be approved by the City before building or grading permits may be issued or trees removed for areas classified P-D for which development plans have not been approved prior to the adoption of the provisions of this chapter. The procedure for the approval of such plans shall be as set forth in subsection (a) of this section and Section 9-4.2208 of this article.

(c)

Each application for the classification and/or approval of development plans shall be accompanied by a fee as set forth in Article 37 of this chapter. Separate fees shall be required for the reclassification and the development plan.

In addition to the fee set forth in Article 37 of this chapter and prior to the issuance of building permits for an area classified P-D, the developer shall be responsible for the payment of the following fees:

(1)

The developer of an area classified P-D shall be responsible for the payment of planned drainage facilities fees in accordance with the schedule set forth in Article 1 of Chapter 4 of Title 7 of this Code. A per acreage fee shall be paid for any portion of the P-D which is contained within the areas defined on the "Pacifica Drainage Master Plan—Watersheds".

(2)

The developer of an area classified P-D shall be responsible for the dedication of park and recreational lands in accordance with the requirements set forth for subdivisions in Article 8 of Chapter 1 of Title 10 of this Code.

(§ 4.163, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, § I, Ord. 1 10-C.S., eff. May 22, 1974, § 1, Ord. l56-C.S., eff. November 26, 1975, and § 1(A), (B), (C). and (D), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.2206. - Development plans: Hearings: Approval (P-D).

The Commission, after a public hearing, may recommend the establishment of a Planned Development District (P-D), and the Council, after a public hearing, by ordinance, may establish a P-D District provided they find that the facts presented at the hearings establish that:

(a)

The proposed P-D District can be substantially completed within the time schedule submitted by the applicant;

(b)

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;

(c)

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;

(d)

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P- D District;

(e)

Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area;

(1)

Any exception from the standard district requirement is warranted by the design of the project and amenities incorporated in the development plan;

(g)

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;

(h)

The project is consistent with the City's adopted Design Guidelines; and

(i)

The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.

(§ 4.164, Ord. 363, as amended by § 2, Ord. 69-C.S,, eff. December 27, 1972, § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (B) and (F), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.2207. - Development plans: Denial: Approval with conditions (P-D).

(a)

If, from the facts presented, the Commission or the Council is unable to make the necessary findings, the application to establish a P-D District shall be denied.

(b)

The Commission may recommend the disapproval of the development plan as submitted or may recommend the approval of such plan, subject to specified amendments and modifications. No amendment or modification to the development plan shall be recommended or made without the consent of the applicant. If the applicant does not agree to the suggested changes, the Commission shall recommend disapproval of the development plan.

(c)

The Commission shall not make a favorable recommendation to the Council, nor shall the Council adopt an ordinance classifying parcel P-D, without coincidently or previously having approved the development plan.

(d)

The approved development plan shall be adopted by ordinance and shall become a part of the zoning map, subject to the provisions of subsection (e) of this section, as provided in Section 9-4.302 of Article 3 of this

chapter. All modifications or amendments to the development plan shall be made in accordance with the procedures set forth for the amendment of this chapter. If, in the opinion of the Commission or the Council, the development in a P-D District is failing or has failed to meet the requirements of the development plan, or any part thereof, the Commission or Council may initiate proceedings to reclassify the property to another zoning district.

(e)

Development plans approved in accordance with the provisions of this article shall become null and void if a specific plan, or the first of multiphase specific plans, is notified with the Commission within one year after the effective date of the ordinance adopting the approved development plan. The provisions of this subsection shall be subject to reasonable extensions of such time upon a showing by the applicant of extraordinary or uncontrollable circumstances warranting such extensions.

(§ 4.165, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. l5-C.S., eff. November 26, 1975)

Sec. 9-4.2208. - Specific plans: Submission (P-D).

Prior to the issuance of a building permit in any parcel zoned P'-D or within a defined Hillside Preservation District, the owner or applicant shall submit the following:

(a)

A tentative subdivision map (when either parcelization of the property or a condominium project is proposed);

(b)

Proposed landscaping and irrigation plans;

(c)

Proposed engineering plans, including site grading, street improvements, drainage, and other public utilities, which plans, when approved by the Commission shall not be construed to mean that the plans will constitute the final improvement plans for the subdivision. The City Engineer, after detailed design studies, may require modifications and/or additional plans and specifications. Such additional requirements requested by the City Engineer after the design studies may be made without a public hearing if such additional requirements clearly follow the spirit and intent of the approved specific plan;

(d)

For proposed developments within the Hillside Preservation District, a proposed grading plan based on the following criteria:

(1)

The front boundary;

(2)

Streets;

(3)

Lots;

(4)

Storm drainage systems;

(5)

Existing and proposed contours;

(6)

Slope ratios for heavy grading;

(7)

The location of easements for drainage;

(8)

The location of benches on slopes;

(9)

Retaining walls; and

(10)

Cross-sections of critical slope areas;

(e)

Proposed building plans, including floor plans and exterior elevations indicating the materials, color schemes, and treatment of surfaces;

(f)

Proposed plans for recreational facilities;

(g)

Proposed parking plans;

(h)

Proposed plot plans, showing building locations on each lot, building setbacks, and lot dimensions;

(i)

Where applicable, as a result of findings on site conditions and detailed site planning, supplemental information or revisions to the environmental impact report prepared pursuant to the provisions of the State and City EIR guidelines; and

(j)

Other information as indicated on the prescribed form by the Planning Administrator.

(k)

A specific plan application shall be submitted concurrently with the development plan application. A specific plan application may be submitted subsequent to approval of the development plan if the Planning Commission finds that the later submittal will provide for the implementation of the development plan and is warranted in terms of the proposed development, or units thereof, in accordance with the regulations and limitations set forth in this article.

(l)

Exceptions. The provisions of this article shall not apply to the following types of development:

(i)

Accessory dwelling units and junior accessory dwelling units constructed in accordance with the provisions of Article 4.5 (Accessory Dwelling Units).

(§ 4.166, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (G) and (H), Ord. 489-C.S., eff. October 14, 1987; Ord. No. 769-C.S., § 7, eff. December 23, 2009; § 11, Ord. 825-C.S., eff. November 8, 2017; § 8, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.2209. - Specific plans: Findings (P-D).

The Commission shall approve a specific plan only upon making the following findings:

(a)

That the specific plan is consistent with the approved development plan; and

(b)

That the specific plan is consistent with the City's adopted Design Guidelines.

(§ I (L), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.2210. - Specific plans: Hearing: Commission action (P-D).

(a)

The Commission may approve, approve conditionally, or disapprove the specific plans as presented. No grading, subdivision, or development shall be permitted in the P-D District, or any unit thereof, until specific plans for such district, or unit thereof, have been approved or approved conditionally by the Commission.

(b)

Prior to taking action on the specific plans submitted, the Commission shall conduct a public hearing in accordance with the procedures set forth in Section 9-4.3303 of Article 33 of this chapter.

(c)

The owner or developer may submit specific plans for a portion or unit of the parcel zoned P-D provided the development plan indicated the intention of the development of such parcel by units and established a time schedule for such development.

(d)

Specific plans shall expire two (2) years after approval, unless extended or otherwise provided by the Commission.

(§ 4.167, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (I), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § I (K), said Ord. 489-C.S.)

Sec. 9-4.2211. - Modification of regulations (P-D).

(a)

Regulations for the lot area, coverage, density, yard requirements, parking, building height, fences, and landscaping for the P-D District shall be as for the residential, commercial, or other zoning district most similar in nature and function to the proposed P-D District land uses, as determined by the Commission.

Such regulations may be modified, as provided in subsection (b) of this section, in the P-D District when the following conditions have been determined by the Commission to exist:

(1)

There is improved site design utilizing progressive concepts of building groupings;

(2)

Provisions have been made for substantial usable open space (maximum slope ten (10%) percent) for the use of the occupants of the area or the general public;

(3)

The unsightliness of cut and fill areas has been reduced by the planting of trees, shrubs, and ground covers;

(4)

A better community environment or improved public safety has been created by the dedication of public areas or space; and

(5)

Utility and all other service distribution lines will be put underground.

(b)

Upon making the findings set forth in subsection (a) of this section, the regulations set forth in said subsection (a) may be modified to the following limits:

(1)

For each square foot of reduction in lot size, equal amounts of land shall be dedicated to the City and be improved for open spaces for park, recreation, and related uses or be permanently set aside for the private recreational use of the development under a plan which will assure the City of the continued availability of such land and the development and maintenance thereof for the purpose proposed.

(2)

Front, side, and rear yards may be reduced to zero; provided, however, where single-family dwellings are proposed, and where no side yards are proposed (row houses), there shall be no more than five (5) dwelling units in any contiguous group. In such cases, the rear yard depths shall be twenty-five (25′) feet, except where the lot or lots abut a park or open space.

(3)

The reduction in public rights-of-way and/or the requirement for the installation of sidewalks may be made subject to the requirement of providing comparable open space as set forth in subsection (1) of this subsection.

(4)

The gross population density and building intensity of any area proposed for development shall remain unchanged and conform to the basic overall density and building intensity requirements of the zoning district most closely conforming to the proposed development, as determined by the Commission. However, lot dimensions, building setbacks, and areas shall not be required to meet the specific requirements of this chapter provided a more functional and desirable use of the property is made.

(5)

Height limitations may be removed, permitting highrise construction, provided such additional stories to dwelling structures shall not increase gross population densities, as set forth in the approved development plan, and such heights shall mean appropriate reduction in building coverage and adherence to the objectives set forth in this section and in Section 9-4.2252 of Article 22.5 of this chapter.

(§ 4.168, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. 156-C.S., eff. November 26, 1975, as renumbered by § I (K), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.2212. - Grading and excavation permits (P-D).

No grading or excavation permit shall be issued by the City for any location in the P-D District or Hillside Preservation District, unless the permit has the approval of the Planning Administrator and the City

Engineer who shall ensure that the issuance of the permit will not result in effects inconsistent with the purposes of this article or the defined Hillside Preservation District. The approval of such permits shall be contingent upon the following conditions:

(a)

The grading plan and work shall be directly related to an approved specific plan;

(b)

Any grading and excavation shall be necessary for the establishment or maintenance of an approved specific plan;

(c)

The design, scope, and location of the grading and excavation will cause minimum disturbance of the terrain and natural features of the land commensurate with the purpose of the grading and excavation work;

(d)

All persons performing any grading and excavation operation shall put into effect all necessary safety precautions to minimize erosion, protect any watercourse and other natural feature, protect the health and welfare of all persons, and protect private and public property from damage of any kind; and

(e)

The City shall place certain conditions on time limits and necessary site restoration, and shall undertake measures to assure the fulfillment of such conditions, for any grading and excavation work.

(§ 2, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (J), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § I (K), said Ord. 489-C.S.)

Sec. 9-4.2213. - Specific plan amendments.

It shall be unlawful and a violation of the provisions of this chapter for any person to construct, erect, alter, or modify any structure except in conformity with the approved specific plan. Minor amendments to approved specific plans (such as greenhouses and decks) may be approved by the Planning Administrator if the changes are consistent with the Design Guidelines as determined during the plan check process by the Administrator. Substantial amendments to specific plans shall be approved by the Commission; the process for application, public hearing, and findings shall be the same as for a new specific plan.

d specific plans (such as greenhouses and decks) may be approved by the Planning Administrator if the changes are consistent with the Design Guidelines as determined during the plan check process by the Administrator. Substantial amendments to specific plans shall be approved by the Commission; the process for application, public hearing, and findings shall be the same as for a new specific plan.

In cases where the details of the original specific plan are not available, all interior modifications, minor exterior alterations (such as window, door and deck modifications, architectural details, and exterior material changes) and any expansion of floor area of less than fifty (50%) percent, excluding the garage, may be approved administratively by the Administrator. All other modifications, including third-story additions, must be approved by the Commission as amendments to the specific plan.

Requests for modifications to buildings which are part of in any area with a homeowners' association shall be referred to as the homeowners' association for comment prior to submittal to the City. The applicant shall provide documentation to the City that such notice has been provided.

(§ 1, Ord. 554-C.S., eff. June 13, 1990, as amended by § IV (A), Ord. 613-C.S., eff. April 13, 1994)

Article 22.5. - Hillside Preservation District (HPD)

Sec. 9-4.2250 - Intent: Designation on Zoning Section Maps (HPD).

It is the intent of the Hillside Preservation District to place special controls on any proposed development, public or private, within hillside areas of the City in order to:

(a)

Preserve and enhance their use as a prime resource;

(b)

Help protect people and property from all potentially hazardous conditions particular to hillsides;

(c)

Assure that any development be economically sound; and

(d)

Encourage innovative design solutions.

The Hillside Preservation District is shown by the shaded areas on the Zoning Section Maps made a part of this chapter and shall be considered as an overlay district to the zoning districts incorporated within. In cases of conflict between such zoning districts and the overlay Hillside Preservation District, the provisions of this article for the Hillside Preservation District shall prevail.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1976)

Sec. 9-4.2251. - Hearings and notices (HPD).

For any public hearing under the provisions and regulations of this article, the Commission shall give notice thereof by at least one publication in a newspaper of general circulation, published and circulated within the City, at least ten (10) days prior to such hearing and by mailing a postal card notice not less than ten (10) days prior to the date of the hearing to the owners of the property directly affected, and within a radius of 300 feet of the exterior boundaries of property directly affected, using for such purpose the last known name and address of such owners as shown upon the assessment roll of the County. The failure of any owner to receive such notice shall not invalidate the hearing proceedings.

ten (10) days prior to the date of the hearing to the owners of the property directly affected, and within a radius of 300 feet of the exterior boundaries of property directly affected, using for such purpose the last known name and address of such owners as shown upon the assessment roll of the County. The failure of any owner to receive such notice shall not invalidate the hearing proceedings.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975) Sec. 9-4.2252. - Purpose (HPD).

It shall be the purpose of the Hillside Preservation District to promote the following City objectives which shall be considered as guidelines:

(a)

To maximize choice in types of environment available in the City and particularly to encourage variety in the development pattern of the hillsides;

(b)

The concentration of dwellings and other structures by clustering and/or high rise should be encouraged to help save larger areas of open space and preserve the natural terrain;

(c)

To use to the fullest current understanding of good civic design, landscape architecture, architecture, and civil engineering to preserve, enhance, and promote the existing and future appearance and resources of hillside areas;

(d)

To provide density and land use incentives to aid in ensuring the best possible development of the City's natural features, open space, and other landmarks;

(e)

To encourage the planning, design, and development of building sites in such a fashion as to provide the maximum in safety and human enjoyment while adapting development to, and taking advantage of, the best use of the natural terrain;

(f)

To preserve and enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features, such as drainage swales, streams, slopes, ridge lines, rock-out-croppings, vistas, natural plant formations, and trees;

(g)

To prohibit, insofar as is feasible and reasonable, the padding or terracing of building sites in the hillside areas;

(h)

To provide safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas while at the same time minimizing the scarring effects of hillside street construction;

(i)

Utility wires and television lines shall be installed underground;

(j)

Outstanding natural physical features, such as the highest crest of a hill, natural rock outcroppings, major tree belts, and the like, should be preserved;

(k)

Roads should follow natural topography wherever possible to minimize cutting and grading;

(l)

Imaginative and innovative building techniques should be encouraged to create buildings suited to natural hillside surroundings; and

(m)

Detailed and effective arrangements shall be formulated for the preservation, maintenance, and control of open space and recreational lands resulting from planned unit development.

It is the intent of this section to discourage the development of ridgelines; however, where a parcel has ridgelines that are the only buildable portion of the property, or where it can be demonstrated that the sensitive development of other portions of such a parcel would significantly frustrate the other purposes of this article, then some development of such ridgelines may be permitted provided most of the ridgeline remains undisturbed, and any such ridgeline development is of low profile, has minimum visual impact, and utilizes a minimum of grading.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord.156-C.S., eff. November 26,1975) Sec. 9-4.2253. - Hillside Preservation Review Board (HPR Board).

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § 1, Ord. 180-C.S., eff. October 13, 1976; repealed by § 1, Ord. 321-C.S., eff. February 10, 1982)

Sec. 9-4.2254. - Scope (HPD).

Subject to all other regulations set forth in this chapter, uses shall be permitted and regulations shall apply in the Hillside Preservation District as set forth in this article.

(§ 1, Ord. 69-C.S., eff. December 27,1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975)

Sec. 9-4.2255. - Uses permitted (HPD).

The uses permitted in the Hillside Preservation District shall be the uses designated on the approved development plan of the applicant and as such uses are consistent with appropriate and applicable elements of the adopted General Plan of the City, such as, but not necessarily limited to, land use, housing, open space, parks and recreation, conservation, transportation, seismic safety, and any subsequent additions and changes to the General Plan and its elements as may be adopted by the City from time to time.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975)

Sec. 9-4.2256. - Developments procedures and standards (HPD).

Applicants of any development proposal within the Hillside Preservation District shall pursue the procedures and standards set forth for the P-D District, specifically Sections 9-4.2204 through 9-4.2211 of Article 22 of this chapter, as now enacted or hereafter amended. Such procedures and standards shall include the requirement for reclassification to a P-D District, Public agencies, including special districts, proposing developments and improvements on their lands within the HPD in conjunction with the uses and activities for which such lands are held and uses proposed under the special use permit procedure set forth in Section 9-4.2306 of Article 23 of this chapter shall be exempt from pursuing a P-D classification, except as provided in subsection (2) of subjection (c) of said Section 9-4.2306, but such developments and improvements shall adhere to the objectives of the HPD and specifically to the standards set forth in Sections 9-4.,2257 and 9-4.2258 of this article, except where specifically exempted by State or Federal laws. Where land is both within the Agricultural and Hillside Preservation zoning districts, applicants proposing a development which is either a conditional or a permitted use within the Agricultural District are exempt from the requirement to reclassify the property to the Planned Development District; however, all other requirements of the Hillside Preservation District shall remain applicable. A proposal to subdivide such land is a development proposal within the meaning of this section and shall be required to follow the procedures and standards of this section, including the requirement of reclassification to the Planned Development District.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, § 1, Ord. 197-C.S., eff. April 13, 1977, and § 3, Ord. 604-C.S., eff. June 8, 1993)

Sec. 9-4.2257. - Land coverage control (HPD).

The maximum allowable land coverage for any development within the Hillside Preservation District shall be controlled by the following formula:

Where C = the maximum allowable site coverage; and S = the average percent of natural slope of the site, the maximum allowable site coverage (C) shall include all areas of the site occupied or covered by buildings, pavement, and grading, except for recreation facilities and active recreation areas which can be utilized by all residents of the development. All areas not considered coverage shall remain undisturbed in their native or natural state, with the exception of the recreational areas. The HPR Board and Commission may recommend the exclusion of certain dedicated public streets from the definition of coverage (C) provided such public streets serve a major, City-wide circulation function and would not otherwise be necessary to the design and function of the individual project.

It is the intent of this section to allow the reasonable use of hillside lands consistent with the objectives of this article in such a manner so as not to be confiscatory. The following represents a graphic illustration of this formula:

==> picture [363 x 348] intentionally omitted <==

The following formula is an acceptable method of determining average slope:

S= 0.00229 IL / A

Where I = Contour interval in feet, not to exceed ten (10′) feet;

L = Situation of length of contour lines in feet; and

A = Area in acres of the site or parcel being considered.

The maximum allowable site coverage may be awarded to a project which represents outstanding and innovative design, site planning, and engineering techniques and strongly achieves the objectives of the HPD District as set forth in Section 9-4.2252 of this article. A project which to some lesser extent meets the above stated requirement may be awarded less than the maximum allowable coverage.

Notwithstanding the land coverage controls, a minimum of 200 square feet of usable recreational open space, as defined in Section 9-4.280 of Article 2 and subsection (2) of subsection (a) of Section 9-4.2210 of Article 22 of this chapter, shall be provided for each dwelling unit.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. l56-C.S., eff. November 26, 1975)

Sec. 9-4.2258. - Minimum street standards (HPD).

Minimum street standards in the Hillside Preservation District shall be as follows:

==> picture [384 x 300] intentionally omitted <==

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff, November 26, 1975) Sec. 9-4.2259. - Parking requirements (HPD).

Parking in the Hillside Preservation District shall be provided off-street, and in no case may parking lanes be provided except as approved in a development plan. The intermittent widening of streets for emergency parking and turnarounds at convenient places shall be encouraged. The following on-site parking standards shall be the minimum acceptable for residential units within hillside areas. The City may require more parking where topography, special traffic, building, grading, or other circumstances warrant it. The uncovered parking spaces may include areas such as driveways outside garages or carports and off-street parking bays, except that each required space shall be accessible at all times:

(a)

Single-family detached dwelling units. Two (2) covered spaces, plus two (2) uncovered spaces. The uncovered spaces may be incorporated within a parking area shared by spaces for other units; provided, however, in no case shall the total number of spaces so located together be less than the same of the separate requirements for each unit and shall be located no farther than 100 feet from each dwelling unit entrance;

(b)

Single-family attached dwelling units, including vertical and horizontal condominiums. Two (2) covered spaces, plus one-half (½) uncovered space. The uncovered spaces may be incorporated within a parking area shared by spaces for other units; provided, however, in no case shall the total number of spaces so located together be less than the same of the separate requirements for each unit and shall be located no farther than 100 feet from each dwelling unit entrance;

(c)

Two and multiple-family dwelling units. For each dwelling unit, one covered space, plus one-half (½) uncovered space for each bedroom more than one in each unit. In cases where a one-half (½) space occurs in a total figure, the standard shall be increased to the next whole figure; and

(d)

Guest spaces. In addition to the standards set forth in subsections (a), (b), and (c) of this section, a minimum of one guest space shall be provided for every ten (10) dwelling units, or fraction thereof.

(§ 1, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975)

Article 23. - General Provision and Exceptions

Sec. 9-4.2301. - Scope.

The regulations provided for in this chapter shall be subject to the general provisions and exceptions set forth in this article.

(Chapter 5, Ord. 363)

Sec. 9-4.2302. - Temporary commercial promotional events and temporary amusements.

(a)

Commercial promotional events. Sidewalk sales lasting more than three (3) days, flea markets, rummage sales, festivals, bazaars, or other similar temporary activities not lasting more than two (2) weeks, the primary purpose of which is to promote proposed or existing businesses, may be established on public or private property within any C District. No person or group shall undertake or establish such activities without first securing written approval from the Zoning Administrator as follows:

(1)

Any individual or group requesting approval pursuant application to the Zoning Administrator not less than thirty (30) days prior to the date of the activities for which approval is requested.

(2)

Applications made pursuant to this subsection (a), where applicable, shall be accompanied by the following:

(i)

Evidence of legal interest in the property upon which such activities are proposed or written authorization for the activities proposed from the individual holding such interest;

(ii)

A plat map showing any property within 300 feet of the site, accompanied by a list of property owners and corresponding addresses of such property owners typed on mailing labels; and

(iii)

A detailed, complete description of all events directly related to the activity proposed accompanied by maps, plans or other appropriate graphic materials.

(3)

Prior to approving or denying any application submitted pursuant to this subsection, the Zoning Administrator shall solicit written comments and recommendations concerning the event for which approval is requested from the Department of Fire Services, Department of Police Services, Department of Community Development and Services, and any other department or agency as deemed necessary by the Zoning Administrator. Such recommendations may be required as conditions of approval for the permit requested.

(4)

Prior to approving or denying an application for a permit to this subsection, the Zoning Administrator shall make written findings as follows: 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, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

(5)

Notice of any permit approval pursuant to this subsection shall be mailed to property owners and residents pursuant to subsection (ii) of subsection (2) of this subsection.

(6)

Appeals filed by any person aggrieved by this decision of the Zoning Administrator shall be taken in the manner set forth in Section 9-4.3804 of Article 38 of this chapter.

(b)

Temporary amusements. Circuses, carnivals, parades, amusement parks, public dances, or similar temporary establishments involving large assemblages of people, excluding those uses set forth in subsection (a) of this section, may be established in any C District, on any public street or facility, or in isolated or undeveloped areas of any district provided a use permit is first secured as set forth in Article 33 of this chapter and in Chapter 3 of Title 5 of this Code for the establishment, maintenance, operation, and removal of such uses.

(c)

No event or activity described in subsection (a) or (b) shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§§ 5.01 and 5.02, Ord. 363, as amended by § II, Ord. 336-C.S., eff. June 9, 1982, and § 14, Ord. 538-C.S., eff. December 27, 1989; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.2303. - Public utility facilities.

In any district where public utility facilities are not expressly permitted, such facilities may be permitted upon securing a use permit therefor as set forth in Article 33 of this chapter; provided, however, the provisions of this section shall not be construed as permitting the establishment of public utility pole yards or service yards in residential districts.

(§ 5.03, Ord. 363)

Sec. 9-4.2304. - Public utility distribution and transmission lines.

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of first obtaining a use permit; provided, however, the routes of proposed electric transmission lines shall be submitted to the Commission for approval, and such approval shall be received prior to the acquisition of rights-of-way therefor and any construction thereon.

(§ 5.04, Ord. 363)

Sec. 9-4.2305. - Temporary uses.

(a)

The Commission may grant temporary uses for a period of up to six (6) months in developed areas and up to one year in undeveloped areas by using the procedure set forth in Article 33 of this chapter governing the granting of use permits.

(b)

The temporary use of vacant lots or parcels for the parking of motor homes, trailers, or mobile homes as construction offices, or for the storage of equipment or materials, or for security purposes may be permitted by the Planning Administrator provided the parking is in conjunction with construction on the same lot or building site and meets the following conditions:

(1)

Building plans for the new construction shall be submitted and a building permit issued before the occupancy of the motorhome, trailer, or mobile home.

(2)

The occupancy shall not exceed twelve (12) months after the issuance of a building permit, unless otherwise extended by the Commission.

(3)

The temporary use of mobile homes during the construction of individual single-family dwellings may only be permitted as described in this subsection (b) if the project is constructed by an owner/builder.

(c)

No temporary use described in this section shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 5.05, Ord. 363, as amended by § IV, Ord. 440-85, eff. March 13, 1985; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.2306. - Special use permit procedures.

(a)

Purpose. The purpose of this section is to prescribe the procedure for the accommodation, in any zoning district and general plan designation, of uses which enhance or provide health, sanitary or City services to the community through the review and imposition of special conditions of approval. For the purposes of this section, a special use shall include the following:

(1)

Convalescent homes and nursing homes;

(2)

Hospitals and convalescent hospitals;

(3)

Sanitary landfill sites, solid waste transfer stations, and materials recovery facilities;

(4)

Ambulance facilities;

(5)

Civic Center facilities;

(6)

Mortuaries and cemeteries; and

(7)

Wastewater treatment and reclamation facilities.

(b)

Applications. Applications for special use permits shall be filed with the Commission on the prescribed forms, together with the materials required therein and as indicated by the Planning Administrator. Such application shall be accompanied by a fee as set forth in Article 37 of Chapter 4 of Title 9 of this Code.

(c)

Procedure for consideration. An application for a special use permit shall be reviewed by the Commission.

(1)

Relation to Hillside Preservation District regulations. Hillside Preservation District regulations shall be followed; however, planned development zoning shall not be required.

(i)

Coverage limitations shall not apply to recreational trail systems.

(ii)

Neither grading nor coverage limitations shall apply to any sanitary landfill proposal.

(2)

Hearings and notices required. A public hearing before the Commission shall be held on each special use permit application. Notice of such hearing shall be made by publication in a newspaper of general

circulation within the City at least ten (10) days prior to the hearing and by mailing a notice not less than ten (10) days prior to the date of the hearing to the owners of the property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the application, using for such purpose the last known name and address of such owners as shown upon the Assessor's roll of the County. The failure of any person to receive such notice shall not invalidate the special use permit proceedings.

(3)

Review criteria and schedule. The Commission shall decide whether the proposal conforms to the special use permit criteria set forth in subsection (d) of this section and may approve or deny the proposed use or impose such conditions of approval as are necessary, in its judgment, to insure conformity.

(4)

Effective date and appeals. Decisions of the Commission shall become final ten (10) days after the date of decision, unless appealed to the Council in accordance with Article 36 of Chapter 4 of Title 9 of this Code and, in the Coastal Zone, Article 43 of Chapter 4 of Title 9 of this Code.

(d)

Special use permit review criteria. The request for a special use permit shall be considered in its relationship to the General Plan and to the intent and purposes of this chapter. Approval of a special use permit confers consistency with the zoning and General Plan designations of the subject property. The approval of a special use may be granted only if the proposal conforms to all of the following criteria and to any special conditions which may be applied:

(1)

That the proposed use will be of such size, design, and operating characteristics as will tend to keep it compatible with permitted uses in the district under consideration with respect to bulk, scale, coverage, density, noise, and the generation of traffic;

(2)

That the proposed development will enhance the successful operation of the community or will provide a service to the community;

(3)

That particular attention is given to the provision of buffering of uses from the surrounding neighborhood;

(4)

That the project conforms with the setback, coverage, landscaping, and other zoning regulations of the district where a use is proposed; and

(5)

That the project is consistent with the goals and policies of the General Plan and Local Coastal Plan and with the adopted Design Guidelines.

(e)

Time limits, renewal, and revocation of special use permits. The time limits, renewal, and revocation of special use permits shall be as specified in Article 33 of Chapter 4 of Title 9 of this Code.

(§ 5.06, Ord. 363, as amended by § 2, Ord. 453, § 1, Ord. 197-C.S., eff. April 13, 1977, § IV, Ord. 440-85, eff. March 13, 1985, § VII (A) and (B), Ord. 491-C.S., eff. October 28, 1987, § 4, Ord. 560-C.S., eff. November 7, 1990, and § X (A), Ord. 613-C.S., eff. April 13, 1994; Ord. No. 769-C.S., § 10, eff. December 23, 2009; Ord. No. 862-C.S., § 3, eff. May 25, 2021)

Sec. 9-4.2307. - Animal hospitals and clinics.

Animal hospitals or clinics shall be permitted in the Neighborhood Commercial (C-1), General Commercial (C-2), Service Commercial (C-3), and Professional Office (O) Districts provided a use permit shall have been obtained as set forth in Article 33 of this chapter and provided:

(a)

All animals shall be kept within an enclosed soundproof structure;

(b)

Plans and specifications shall bear the certification of acoustical engineer verifying that the proposed structure will prevent sounds emanating from the building from going beyond the property lines of the parcel on which the use is located;

(c)

The hospital or clinic shall be so designed that no odor will be discernible beyond the property lines of the parcel on which the use is located; and

(d)

The boarding of animals, except for the short-term treatment of accident, surgical, or disease cases incidental to the use therein, shall be prohibited.

(§ 5.07, Ord. 363, as amended by § 2, Ord. 419)

Sec. 9-4.2308. - Commercial and industrial uses outside structures.

(a)

All commercial and industrial uses conducted in any C or M District shall be conducted entirely within an enclosed structure unless a permit is obtained, as set forth in Article 33 or Article 52 of this chapter, except as otherwise provided in this section.

(b)

Sidewalk sales, not including peddlers, on public or private property, not lasting more than three (3) days, shall be permitted in any C District. Other temporary outdoor commercial uses may be established in any C District pursuant to Section 9-4.2302 of this article. Sidewalk sales permitted pursuant to this section shall be conducted in a manner sufficient to allow safe pedestrian and wheelchair passage onto or along the sidewalk where such activity is being conducted.

(c)

The sale, display, and storage of Christmas trees and accessories therefor may be authorized by the Planning Administrator on vacant lots or other open areas in commercial districts or undeveloped areas for a temporary period of time between Thanksgiving and December 26 of any year provided such use is not injurious to the public welfare. Temporary structures, including mobile structures, and other facilities, such as electrical service or utilities, shall be erected in accordance with the Building, Electrical, and Plumbing Codes of the City. A bond for the removal of debris shall be deposited by each applicant within the City in the form of a cash deposit in the amount of Five Hundred and no/100ths ($500.00) Dollars which shall be refunded upon compliance with the provisions of this subsection.

If, after five (5) days' notice, the applicant has not complied with the provisions of this subsection, the City may have a free agent do what is required to comply with the provisions of this subsection, and the applicant's cash bond shall be applied to the cost thereof, and any excess shall become immediately due and payable upon billing to the applicant.

(d)

The sale, display, and storage of fireworks may be authorized in accordance with Article 2 of Chapter 3 of Title 4 of this Code. No use permit shall be required.

(e)

Outdoor sales, displays, and the storage of pumpkins as provided in subsection (c) of this section shall be permitted between October 1 and November 5 of any year.

(f)

If not located within an enclosed building, mobile recycling units, reverse vending machines, and other outdoor storage of materials to be recycled shall be subject to the issuance of a site development permit and use permit.

(g)

No use described in this section shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 5.08, Ord. 363, as amended by § II, Ord. 337-C.S., eff. June 9, 1982, § IV, Ord. 440-85, eff. March 13, 1985, and § VII (C), Ord. 491-C.S., eff. October 28, 1987; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; Ord. No. 885-C.S., § 3, eff. November 9, 2022)

Sec. 9-4.2309. - Child care facilities.

(§ 5.09, Ord. 363, as added by § I, Ord. 435; repealed by § IV, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.2310. - Boarding home facilities for elderly and mentally ill persons.

(§ 5.10, Ord. 363, as added by § 1, Ord. 435; repealed by § IV, Ord. 440-85, eff. March 13, 1985)

Sec. 9-4.2311. - Barbed wire fences.

(a)

Barbed wire fences. It shall be unlawful for any person to place, or allow to be placed, or to maintain a fence made wholly or partially of barbed wire in any district.

Exception. Barbed wire may be used in fencing when necessary to contain horses and other livestock. This exception shall only apply to fences constructed in accordance with the approval of the Building Official for animal control purposes.

(b)

Fencing material. Fencing material shall be either solid or of other substantial construction including but not limited to wood, chain link, wire (nonbarbed), or other similar material. Exception. Plastic mesh fencing and/or canvas tarp fencing material or similar material shall be allowed only on a temporary basis during construction.

(§ 1, Ord. 293, as amended by § 1, Ord. 452, § I, Ord. 56-C.S., eff. August 9, 1972, § 1, Ord. 168-C.S., eff. February 25, 1976, and § IV, Ord. 440-85, eff. March 13, 1985; Ord. No. 769-C.S., § 2, eff. December 23, 2009)

Sec. 9-4.2312. - Rounding of numbers in calculating density.

Fractional numbers derived from density calculations shall be rounded upwards to the next highest whole number.

(§ 6, Ord. 405-C.S., eff. May 23, 1984; § 6(Exh. A, § 13), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.2313. - Minimum dwelling unit sizes.

(a)

Purpose. The purpose of this section is to ensure that the health, safety, comfort, and general welfare of persons residing within the residential districts of the City will not be adversely affected.

(b)

Minimum dwelling unit standards. Single-family dwellings shall contain a minimum gross floor area of 850 square feet.

Two-family and multiple-family dwelling units and condominiums shall contain the following minimum gross floor area:

(1)

Bachelor or studio units, 450 square feet;

(2)

One bedroom units, 600 square feet;

(3)

Two (2) bedroom units, 800 square feet;

(4)

Three (3) bedroom units, 850 square feet; and

(5)

Each additional bedroom in excess of three (3), 100 additional square feet.

Bachelor or studio units shall be those units which have one room for the purposes of eating and sleeping.

(c)

Exceptions. Accessory dwelling units, and junior accessory dwelling units, as defined in Section 9-4.452 of Article 4.5 of this chapter, and multiple-family housing developed for senior citizens shall not be regulated by the minimum dwelling unit standards of this article.

(§ 1, Ord. 64-C.S., eff. October 25, 1972, as amended by § 1, Ord. 187-C.S., eff. December 22, 1976, and § IV, Ord. 440-85, eff. March 13, 1985; § 12, Ord. 825-C.S., eff. November 8, 2017; § 9, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.2314. - Adult businesses.

Adult businesses may be allowed in the C Districts as conditional uses requiring a use permit; provided, however, the property upon which the proposed business is located shall be a minimum of 500 feet from any of the following: a residential zoning district, a residential use, an adult business, a school primarily attended by minors, a church, a public beach, or a public park.

(§ VII (D), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2315. - Community care facilities.

(a)

Purpose. This section is intended to regulate s community care facilities, as defined in Section 9-4.229.1, with more than six (6) residents not including staff. Community care facilities serving six (6) or fewer residents not including staff are permitted in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section. Any lot developed or used pursuant to this section shall not thereafter be used for any purpose other than a community care facility unless and until the Planning Director has certified in writing that the alternate use satisfies all applicable and then existing land use regulations pertaining to the classification of the lot.

(b)

Community care facilities criteria. When the proposed use meets the requirements of this chapter including the conditions set forth in Section 9-4.3303 and all the following criteria, community care facilities serving more than six (6) persons in addition to caregivers may be permitted by approval of a use permit in all residential and commercial zoning districts, as identified in this chapter.

(1)

There are no other community care facilities serving more than six (6) persons not including staff within five hundred (500) radial feet of the perimeter of the subject property. If proposed facilities are located within the 500-foot minimum horizontal distance, the Planning Commission may determine facility overconcentration if impacts in the area are considered significant.

(2)

The proposed use shall be conducted in a manner and with facilities that comply with Federal, State and local law and such compliance will be a condition of all use permits issued pursuant to this section. The operator of the facility shall give written notice of any suspension or revocation of its State license to the City Manager within seven (7) days of said suspension or revocation.

(3)

Community care facilities shall include a common dining area as well as common living areas and amenities to facilitate program activities.

(4)

There shall be a minimum of one hundred (100) square feet of usable open space area per resident, not including staff. Indoor common living areas and amenities to facilitate program activities may be counted towards this requirement up to a maximum of seventy-five (75%) percent of the total open space area required.

(5)

Outdoor areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, such as pathways and sitting areas, gardens, putting greens and similar recreation areas.

(6)

Where additional stories prohibit easy access to open space areas on the ground floor, open roof decks, balconies or lanais shall be provided in an amount, dimension, area and location as determined to be adequate by the Planning Commission.

(c)

Hearings and notices required. Community care facilities serving more than six (6) residents not including staff, may be permitted in those zoning districts enumerated in this chapter upon securing a use permit and complying with all hearing and notice requirements as set forth in Article 33 of this chapter, except as otherwise provided in this section.

(§ 2, Ord. 657-C.S., eff. December 24, 1997; § 4I, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.2316. - Firearms sales.

(a)

Purpose. The purpose of this section is to provide for the appropriate location of firearms sales activity and to regulate such activity through the permitting process.

(b)

Definitions.

(1)

For the purposes of this article, "firearm" shall be defined as specified in Section 5-14.01 of the Pacifica Municipal Code, and shall also include any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion.

(2)

"Firearms sales" shall be defined to mean the sale, transfer or lease or advertising for sale, transfer or lease of any firearm.

(c)

Permit required. Except as provided in California Penal Code Section 12070(b), as may be amended from time to time, it shall be unlawful for any person to engage in firearms sales activity unless a use permit has been obtained pursuant to Article 33 of this chapter and as further specified below. Subject to the restrictions listed below, firearms sales activity may be allowed in the C-2 or C-3 zoning districts with an approved use permit. Firearms sales activity shall be prohibited in all other zoning districts.

(d)

Location. A use permit for firearms sales activity shall not be approved if the proposed business premises are located within 1,000 feet of any property upon which a legally operating public or private elementary, middle or high school is located or upon which a legally operating pre-school is located, or within 500 feet of another person engaged in firearms sales activity with a current and lawful use permit.

(e)

Conditions. An approved use permit shall not be effective until the applicant satisfies, in addition to any conditions imposed by the Planning Commission, the following terms and conditions:

(1)

Possession of all licenses and permits required by federal, state, and local law;

(2)

Compliance with the requirements of the City of Pacifica's Building Code, Fire Code, and other technical codes and regulations that govern the use, occupancy, maintenance, construction or design of the subject building or structure;

(3)

Final inspection from the Chief Building Official demonstrating code compliance prior to the commencement of business at the subject location; and

(4)

Possession of a valid City of Pacifica business license.

(§ 3, Ord. 723-C.S., eff. February 24, 2005)

Sec. 9-4.2317. - Alternative financial services.

(a)

Definitions. "Alternative financial services" means a use, other than a bank or financial institution (as defined in Article 2 of this chapter), that offers deferred deposit transaction services or check cashing

services and loans for payment of a fee. The term "alternative financial service" includes, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. The terms "deferred deposit transaction business" and "payday loan business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31, as amended from time to time. Non-profit financial institutions are not encompassed by the term "alternative financial services." The term "alternative financial services" does not include retail

sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks for a minimum fee, not exceeding five (5%) percent, as a service to its customers that is incidental to its main purpose or business.

(b)

Maximum Number and Location. A maximum of one (1) alternative financial services use may be located in the City of Pacifica. Subject to this numerical limitation, an alternative financial services use may be established in the C-1, C-1-A, C-2, C-3, C-R and O zoning districts as a conditional use upon approval of a use permit in accordance with Article 33 (Use Permits) of this chapter, and in the P-D zone if such use is included in an approved development plan.

(c)

Coastal Zone Combining District. An alternative financial services use shall not be considered a "visitorserving use" within the meaning of that term as defined in Article 43 (Coastal Zone Combining District) of this chapter.

(d)

Existing Alternative Financial Services. Any alternative financial services use in existence upon the effective date of this section shall be deemed a nonconforming use and shall be subject to the provisions of Article 30 (Nonconforming Lots, Structures, and Uses) of this chapter. Such use shall be deemed a lawful nonconforming use if it complies with all the laws in existence at the time the use commenced.

(§ 4, Ord. 830-C.S., eff. January 1, 2018)

Article 24. - Residential Clustered Housing Development Standards*

• Article 24 entitled "Condominium Developments," consisting of Sections 9-4.2401 through 9-4.2403, codified from Ordinance No. 363, repealed by Section I, Ordinance No. 356-C.S., effective December 8, 1982.

Sec. 9-4.2401. - Purpose and applicability.

(a)

It is the express intent of the City to apply the regulations set forth in this article to clustered housing developments, including, but not limited to, condominiums, community apartments, stock cooperatives, zero lot line projects, and similar developments, because the permanent ownership or interest in individual attached dwelling units, or the airspace occupied thereby renders such developments, essentially different in nature from detached housing and from developments or buildings in which dwelling units are rented or leased.

(b)

This article does not apply to the following Zoning Districts (see Article 54 Higher Density Residential and Higher Density Mixed Use Districts for applicable standards):

(1)

Multiple-Family Residential District R-30

(2)

Multiple-Family Residential District R-40

(3)

Multiple-Family Residential District R-50

(4)

Multiple-Family Residential District R-60

(5)

Mixed-Use District MU-30

(6)

Mixed-Use District MU-40

(7)

Mixed-Use District MU-50

(8)

Mixed-Use District MU-60

(9)

Mixed-Use Institutional District MU-I-30

(10)

Mixed-Use Institutional District MU-I-40

(11)

Mixed-Use Institutional District MU-I-50

(12)

Mixed-Use Institutional District MU-I-60

(§ II, Ord. 356-C.S., eff. December 8, 1982; § 6(Exh. A, § 14), Ord. No. 902-C.S., eff. September 24, 2025) Sec. 9-4.2402. - Development standards.

(a)

General regulations. Regulations governing the density, use, building height, building site area, minimum unit size, required yards, building separation, signs, and other explicit regulations, where applicable and where not governed by the provisions of this article, shall be those of the district within which the development is located.

(b)

Usable open space. The minimum required usable open space, exclusive of all structures, shall contain an area having a slope of not more than ten (10%) percent and a minimum area per unit as follows:

(1)

Townhouses: 750 square feet per unit; and

(2)

All other forms of clustered housing: 450 square feet per unit.

(c)

Private open space. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 150 square feet, except that a studio or one-bedroom unit shall be allowed to have a minimum area of 130 square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least one duplex weatherproofed electrical convenience outlet and shall have a shape and size which would allow for optimal usable space. Such space shall be at the same level as, and immediately accessible from, a room within the unit.

(d)

Rights-of-way. The rights-of-way, and improvements thereon, for all streets, whether to be public or private, shall be approved by the Commission and Council.

(e)

Separation from other structures. The main structures of any development in which residential uses are proposed shall be separated from any other main structure on the same lot by at least ten (10′) feet.

(f)

Side yard setbacks. The side yard setbacks of any residential main structure on any corner lot or group of lots contiguous to a corner lot under the same development on a public street shall be ten (10′) feet if the depth of the side yard is 100 feet or less and fifteen (15′) feet if the depth of the side yard is over 100 feet.

(g)

Trash storage areas. Trash storage areas shall be provided and shall be contained within each unit, within the lot lines of the property, or enclosed in the common area.

(h)

Laundry facilities. A laundry area shall be provided within each unit or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five (5) units.

(i)

Television and radio antennas. Exterior individual television and radio antennas shall be prohibited on the outside of the owners' units. A central antenna with connections to each unit via underground or internal wall wiring shall be provided, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the City.

(j)

Private storage space. In addition to guest, linen, food pantry, and clothes closets customarily provided, each unit within the project shall have at least 200 cubic feet of enclosed, weatherproofed, and lockable private storage space. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of twenty-five (25) square feet, and a minimum interior dimension of three and onehalf (3 ½′) feet by six (6′) feet or, if a walk-in type, shall have a minimum clear access opening of two and one-half (2 ½′) feet by six and two-thirds (6 ⅔′) feet.

Such space may be provided within the garage area if neither the space nor the doors leading thereto encroach upon any required parking space. The location and the precise architectural treatment of such space shall be reviewed and approved by the Commission to ensure that such areas are safe, convenient, and unobtrusive to the functional and aesthetic qualities of the act.

(k)

Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

(l)

Utilities: Location and metering.

(1)

Location. Each dwelling unit shall be served by water, gas, and electric services completely within the lot lines or ownership space of each separate unit. No common water, gas, or electrical connections or services shall be allowed, and each dwelling unit shall be separately metered for each service. Easements for water, gas, and electric lines shall be provided in the common ownership area where lateral service connections shall take place.

(2)

Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.

(m)

Parking regulations. See Article 28 of this chapter.

(§ II, Ord. 356-C.S., eff. December 8, 1982, as amended by § 1, Ord. 410-C.S., eff. July 25, 1984, and § VIII (A), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2403. - Use permits and site development permits.

(a)

Use permits and site development permits shall be required for clustered housing developments, except that projects proposed in the Planned Development District (P-D) may comply only with the P-D District regulations.

(b)

Applications for such permits for clustered housing developments shall be accompanied by the following:

(1)

A map to a workable scale, showing the site in relation to surrounding property, existing roads, and other existing improvements;

(2)

A site plan showing the proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping, and the boundaries of the project;

(3)

A copy of the tentative subdivision map;

(4)

Floor plans, elevations, and sections of all proposed buildings and structures; and

(5)

Any information deemed necessary or desirable in assisting the Commission in its determinations for the approval of the use permit and the conditions thereof.

(c)

In addition to the findings required for the approval of a use permit and site development permit, the following additional findings shall be made for proposed clustered housing developments:

(1)

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; and

(2)

That the architectural features of proposed structures will be integrated harmoniously into the design character of the immediate neighborhood.

(§ II, Ord. 356-C.S., eff. December 8, 1982, as amended by VIII (B), (C), (D), and (E), Ord. 491-C.S., eff. October 28, 1987)

Article 24.5. - Residential Condominium Conversions

Sec. 9-4.2450. - Intent.

The conversion of residential structures from one ownership to condominiums or any other form of multiple ownership interests creates special community problems, both social and economic. Given the relative lack of rental construction, conversions may significantly affect the balance between rental and ownership housing within the City and thereby reduce the variety of individual choices of tenure, type, price, and location of housing; increase overall rents; decrease the supply of rental housing for all income groups; displace individuals and families; and disregard the needs of the prevailing consumer market. The purpose of this article is to provide guidelines to evaluate those problems, the impact any conversion application may have on the community, and to establish requirements which shall be included in any conversion approval. The provisions of this article shall apply to any conversion of a residential structure from one individual ownership to any form of multiple ownership, including, but not limited to, condominiums, stock cooperatives, and community housing projects.

(§ I, Ord. 344-C.S., eff. August 25, 1982)

Sec. 9-4.2451. - Purpose.

This article is enacted for the following reasons:

(a)

To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;

(b)

To reduce the impact of such conversions on tenants who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;

(c)

To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

(d)

To ensure that converted housing achieves a high standard of appearance, quality, and safety and is consistent with the goals of the City;

(e)

To ensure that the project sponsor provides for improvements or rehabilitation to result in a project which provides housing which is in good condition and without hidden needs for maintenance and repair;

(f)

To provide a desirable balance of rental and ownership housing and a variety of individual choice of tenure, type, price, and location housing;

(g)

To provide the opportunity for low and moderate income persons to participate in the ownership process, as well as to maintain a supply of rental housing for low and moderate income persons; and

(h)

To assure that adequate rental housing is available in the community.

(§ I, Ord. 344-C.S., eff. August 25, 1982, as amended by § I, Ord. 411-C.S., eff. July 25, 1984)

Sec. 9-4.2452. - Application procedures.

The following procedures and regulations shall apply to condominium conversion applications:

(a)

Use permits: Tentative maps. Condominium conversions may be permitted in any residential district subject to obtaining a use permit as set forth in Article 33 of this chapter and subject to the approval of a tentative map.

Applicants may submit applications for condominium conversions of residential structures to condominiums twice a year, due at the close of business on the last Friday of May and the last Friday of November. Such applications shall contain all the information required for a tentative map and use permit application pursuant to this Code.

(b)

Acceptance. The Planning Administrator shall accept applications for condominium conversions if any one of the following factors exists:

(1)

Conversions may be approved when the vacancy rate of multiple-family developments of three (3) or more rental units within the City, as determined by the Director of Community Development and Services, is equal to or more than five (5%) percent, unless the conversion will result in a decrease of the vacancy rate to less than five (5%) percent.

The vacancy rate of multiple-family rental units shall be calculated on the basis of two (2) consecutive surveys taken during the months of April and October.

Data for determining the City's annual multiple-family rate shall be compiled from a variety of sources, including, but not limited to, United States Postal Service surveys, idle utility meter reports, reports from financial institutions and real estate organizations, and United States Census Bureau data; or

(2)

Tenants lawfully in possession of seventy-five (75%) percent of the units indicate their desire to convert such units (one vote per unit) to condominium ownership in writing to the City. Tenants shall be provided with information on all estimated costs, including, but not limited to, the unit cost, down payment requirements, financing, estimated property management costs, and homeowner association fees. Specific estimates of such costs shall be acknowledged in writing by the City. If the conversion is approved, the developer shall provide information to the City on the number of tenants who actually purchased. If at any time during the conversion approval process a sufficient number of tenants decide not to purchase, or if misrepresentation is discovered, the Commission would have sufficient grounds for denial; or

(3)

The applicant agrees to sell or rent at affordable prices forty (40%) percent of the units to low and moderate income households, with a minimum of twenty (20%) percent of the units affordable to low income households. If the units are to be made available for purchase, the sales price of such units shall not exceed two and five-tenths (2.5) times the annual median income for low or moderate income households as defined by United States Department of Housing and Urban Development guidelines. Resale controls shall be included as a deed restriction as specified by the Commission. If the units are to be for rental, they shall either be included in the County administrated Section 8 Program, or the maximum rent allowed shall keep the units within the low or moderate income housing stock.

(c)

Ranking of applications.

(1)

Applications pursuant to subsection (1) of subsection (b) of this section (vacancy rate) shall be ranked by the Planning Administrator based upon the following criteria:

(i)

The extent to which the proposed conversion will provide housing opportunities for persons of all income levels in the community;

(ii)

The extent to which the proposed conversion's deleterious effect on occupying tenants will be mitigated by relocation assistance and other assistance provisions by the applicant; and

(iii)

The extent to which the project is suitable for conversion on the basis of its physical condition and other amenities.

The Commission shall consider the highest ranking acceptable applications, the total units not to exceed the maximum number of units permitted to be converted based on the vacancy rate, or the rental percentage. Upon a written request, the applicant shall receive from the City a written explanation of the rank given to the conversion application.

(2)

All applications which meet the criteria described in subsection (2) of subsection (b) of this section (tenant approval) and subsection (3) of subsection (b) of this section (affordable housing) shall be considered by the Commission regardless of vacancy or rental percentage limitations. If approved, and after conversion, the loss of rental units shall be included in the vacancy and rental calculations.

(§ I, Ord. 344-C.S., eff. August 25, 1982, as amended by § II, Ord. 411-C.S., eff. July 25, 1984)

Sec. 9-4.2453. - Required reports and information.

The project as a whole should be in good repair on the interior and the exterior when offered for sale. As part of the material necessary for such determination and to aid the review of the proposal, the reports and/or information required by this section shall be submitted to the Commission for review and approval. The cost of all reports shall be paid by the applicant, and the persons preparing the reports shall be approved by the City. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.

paid by the applicant, and the persons preparing the reports shall be approved by the City. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.

The applicant shall be responsible for the remedy of physical conditions within individual units or common areas noted by a prospective purchaser and/or tenant which have been missed by inspections or which occur subsequent to the inspections but prior to the close of escrow. In case of disagreement between the applicant and the prospective purchaser as to the actual condition, remedy, or cause of deterioration, the burden of proof shall be that of the applicant.

(a)

Physical elements reports. A report on the physical elements of all structures and facilities shall be submitted.

(1)

A report by a licensed structural or civil engineer detailing structural condition of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmission of each building, mechanical equipment, and parking facilities. Such report shall also describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting. The report shall also describe the condition of all structures and facilities with respect to the extent of deferred maintenance, if any. Drainage facilities on the site and their adequacy shall be described. Such report or supplement thereto shall describe the present condition and useful life of all elements as deemed pertinent;

(2)

A report by a licensed appliance repair contractor detailing the following information which shall be submitted as part of the physical elements report: regarding each such element, the report shall state to the best knowledge or estimate of the applicant when such element was built or installed; the condition of each element; when such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from the current zoning, building, housing, mechanical, and fire Codes in effect on the date of the use permit application. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;

(3)

A report by a licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Such report shall be updated within six (6) months after the close of escrow, and any infestation shall be remedied prior to sale;

(4)

Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures. As required by the Community Development and Services Director, a new or revised report shall be prepared by a licensed soils engineer on soil or geological conditions on-site or off-site which could adversely affect the project site or structures;

(5)

A report by a licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used;

(6)

A report by a licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs. A statement that new roof material will be applied may

take the place of such report. Such statement shall include the type, grade, and color of the proposed roofing material;

(7)

A declaration of the covenants, conditions, and restrictions and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking and storage areas; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. Such documents shall be approved by the City Attorney and recorded in the office of the County Recorder;

(8)

Specific information concerning the demographic and financial characteristics of the project, including, but not limited to, the following:

(i)

The square footage and number of rooms in each unit;

(ii)

The rental rate history for each type of unit for the previous three (3) years;

(iii)

The monthly vacancy rate for each month during the preceding two (2) years;

(iv)

A complete list of the number of tenants and tenant households in the project, including the following information:

(aa)

Households with persons sixty-two (62) years of age and older;

(ab)

The family size of households, including a breakdown of households with children under five (5) years of age and between five (5) and eighteen (18) years of age;

(ac)

Households with handicapped persons;

(ad)

The length of residence;

(ae)

The age of tenants; and

(af)

The designation of low-income and moderate-income households and whether receiving Federal or State rent subsidies.

When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the Commission;

(v)

The proposed price range of the units;

(vi)

The proposed homeowners' association fees; and (vii) A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents;

(9)

Signed copies from each tenant of the notice of intent to convert, as specified in this article. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted; and

(10)

Any other information which, in the opinion of the Planning Department, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(b)

Acceptance of reports. The final form of the physical elements report and other documents shall be approved by the Commission. The reports in their acceptable form shall remain on file with the Planning Department for review by any interested person.

(c)

Copies to purchasers. Prior to any purchaser executing any purchase agreement or other contract to purchase a unit in the project, the subdivider shall provide each purchaser with a copy of all reports in their final form as accepted by the Commission, except that the demographic information and copies of the notice to each tenant concerning conversion do not need to be distributed. The developer shall give the purchaser sufficient time to review such reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City.

(§ I, Ord. 344-C.S., eff. August 25, 1982, as amended by § III, Ord. 411-C.S., eff. July 25, 1984)

Sec. 9-4.2454. - Condominium conversion standards.

(a)

Compliance with zoning, building, housing, mechanical, and fire Codes. All units, as well as the common ownership facilities, shall be brought into compliance with all applicable State and local zoning, building, housing, mechanical, and fire Codes adopted for use by the City at the time the conversion project was constructed, and, where feasible, the conversion project shall be upgraded to conform with current Codes.

(b)

Parking requirements. Regulations governing parking requirements shall reflect the current City parking standards for apartments.

(c)

Sound transmission characteristics and energy conservation. Condominiums present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:

(1)

Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

(2)

Noise mitigation and energy conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes, in accordance with Title 24 of the California Administrative Code as amended and in effect on the date building permits are issued for condominium conversion rework.

Exception No. 1. Common walls between dwelling units to be constructed of a two (2″) inch by four (4″) inch wall insulated with not less than R-11 rated insulation, or an equivalent form of noise attenuation control acceptable to the Commission.

Exception No. 2. Common floor ceilings between dwelling units and between dwellings and garages shall be insulated with not less than R-19 rated insulation.

(d)

Fire protection.

(1)

Smoke detectors. Every dwelling unit shall be provided with a smoke detector. Installations shall comply with National Fire Protection Association Pamphlet No. 74. The detector shall be approved by the State Fire Marshal. AC primary power source shall be utilized. The detector shall be mounted on the ceiling at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping

rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway.

(2)

Sprinkler systems. A sprinkler system, fire alarm, and other fire protection devices shall be installed as required by the Uniform Fire Code adopted for use by the City at the time of the conversion application.

(e)

Utilities: Location and metering.

(1)

Location. Each dwelling unit shall be served by gas and electric services completely within the lot lines or ownership space of each separate unit. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where later service connections shall take place.

(2)

Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.

(3)

Metering. Each dwelling unit shall be separately metered for gas and electricity. Individual panelboards for electrical current shall be provided for each unit. A plan for the equitable sharing of communal water metering and other shared utilities shall be included in the covenants, conditions, and restrictions.

(4)

Modifications. In cases where the subdivider can demonstrate that the standards set forth in this subsection cannot reasonably be met, they may be modified by the Commission.

(f)

Laundry facilities. A laundry area shall be provided on each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five (5) units or fraction thereof.

(g)

Condition of equipment and appliances. The de-veloper shall provide a minimum of a one-year warranty to the buyer of each unit at the close of escrow on any dishwasher, garbage disposal, stove, range or oven, refrigerator, trash compactor, hot water tank, air-conditioning unit, or heating system which is provided. At such time as the homeowners' association takes over the management of the development, the developer shall provide a one-year warranty to the association that any pool and pool equipment (filter, pumps, and chlorinator) and any appliance and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwellings and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation

in a safe and workmanlike manner. Such warranty shall be offered by an independent Homeowner's Warranty Service licensed by the Insurance Commission of the State for such purpose, except that new appliances may be covered by the manufacturer's warranty. The developer shall provide options to prospective buyers for new appliances and equipment or, alternatively, acceptance of existing appliances with the warranty described in this subsection.

(h)

Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Commission shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

(i)

Contingency fees. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each

unit, the subdivider shall convey to the homeowners' association's contingency fund a minimum fee of Two Hundred and no/100ths ($200.00) Dollars per dwelling unit. When forty-nine (49%) percent or more of the total units in the project have been sold, the subdivider, within thirty (30) days, shall convey such fee for each of the unsold units. The amount of the contingency fee, if conditions warrant, may be increased above Two Hundred and no/100ths ($200.00) Dollars by the Commission. Such fund shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the home-owners' association.

(§ I, Ord. 344-C.S., eff. August 25, 1982, as amended by § IV, Ord. 411-C.S., eff. July 25, 1984)

Sec. 9-4.2455. - Tenant benefits and notification.

Applications for condominium conversions shall include the following procedures as they relate to tenant notification:

(a)

Notices of intent. A notice of intent to convert shall be delivered to each tenant. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be as approved by the Planning Department and shall contain not less than the following:

(1)

The name and address of the current owner;

(2)

The name and address of the proposed subdivider;

(3)

The approximate date on which the application and tentative map are proposed to be filed;

(4)

The approximate date on which the final map or parcel map is to be filed;

(5)

The approximate date on which the unit is to be vacated by non-purchasing tenants;

(6)

The tenant's right to purchase;

(7)

The tenant's right of notification to vacate;

(8)

The tenant's right of termination of the lease;

(9)

A statement of no rent increase;

(10)

Provisions for special cases;

(11)

The provision of moving expenses and the tenant's right to claim any penalty imposed if timely payment is not made;

(12)

The anticipated price range of the units;

(13)

The proposed homeowners' association fees;

(14)

A statement of the types of financing programs to be made available, including any incentive programs for existing residents; and

(15)

A copy of the City conversion regulations shall be attached to the notice of intent.

(b)

Notification to tenants.

(1)

Mailing. Two (2) separate stamped, pre-addressed envelopes for each resident of each unit shall be furnished to the City by the developer at the time the developer submits an application for a use permit. The City shall use one envelope to notify the residents by mailing a copy of the Commission public hearing notice to tenants not less than ten (10) days prior to the proposed meeting date on the use permit. The second envelope shall be used to notify the residents of the results of the public hearing by mailing notification of the decision of the Commission not more than seven (7) days following the Commission action. Failure of the City to mail such notice shall not invalidate any proceeding or action taken by the City in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the developer.

(2)

Notices to new tenants. After the submittal of the application, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit.

(3)

Posting notices. The notice of intent shall be posted on site in at least one location readily visible to tenants.

(c)

Tenants' discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant and shall be ratified by the applicant and a majority of tenants residing in the project at the time of conversion.

(d)

Vacation of units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 120 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application.

(e)

No increase in rent. A tenant's rent shall not be increased within two (2) months prior to a project application, nor shall the rent be increased for two (2) years from the time of the filing of the project application or until relocation takes place. At the end of the two (2) year period any increase in rent shall be approved by the Commission. When reviewing applications for rent increases, the Commission shall

consider the residential rent component of the Bay Area Cost of Living Index of the United States Department of Labor; the condition of the unit; and prevailing rents for similar units.

(f)

Special cases.

(1)

All non-purchasing tenants sixty-two (62) years of age or older and all non-purchasing medically proven permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for two (2) years after the filing of the project application. At the end of the two (2) year period, any increase in rent shall be approved by the Commission. When reviewing applications for rent increases, the Commission shall consider the residential rent component of the Bay Area Cost of Living Index of the United States Department of Labor; the condition of the unit; and prevailing rents for similar units.

(2)

The following non-purchasing tenants shall receive a minimum of twelve (12) months' relocation time, measured from the tentative map approval, to find replacement housing:

(i)

Tenants with low or moderate incomes; and

(ii)

Tenants with minor children in school.

(g)

Moving expenses. The subdivider shall provide moving expenses of three (3) times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of a use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of a use permit, eligibility to receive moving expenses shall be forfeited.

(h)

Relocation assistance. Relocation assistance shall be provided to non-purchasing tenants for a minimum period of four (4) months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the pre-converted apartments shall be provided regularly and updated. Copies of the list shall be posted on-site, dated, and provided to the Planning Department.

(i)

Discrimination. No discrimination in the sale of any unit shall be based on age, and a statement to this effect shall be included in the covenants, conditions, and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement.

(j)

Certificates of occupancy. A certificate of occupancy shall be approved by the Planning Administrator and issued by the Building Official prior to the occupancy of units after sales.

(k)

Effect of proposed conversions on the City's low-income and moderate-income housing supply. In reviewing requests for the conversion of existing apartments to condominiums, the Commission shall consider the following:

(1)

Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety, or general welfare of the community;

(2)

The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving lowincome and moderate-income households. Standard definitions of low-income and moderate-income and low-income and moderate-income rents used by the Federal and State governments shall be used in the evaluation;

(3)

The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums; and

(4)

If the Commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the application may be disapproved. In the evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding three (3) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered.

(1)

Findings. The Commission shall not approve an application for a condominium conversion unless the Commission finds that:

(1)

All the provisions of this article are met;

(2)

The proposed conversion is consistent with the General Plan and the adopted Housing Element;

(3)

The proposed conversion will conform to the provisions of this Code in effect at the time of the project approval, except as otherwise provided in this section;

(4)

The overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety;

(5)

The proposed conversion will not displace a significant percentage of low-income or moderate-income, permanently or totally disabled, or senior citizen tenants and delete a significant number of low-income and moderate-income rental units from the City's housing stock at the time when no equivalent housing is readily available in the Pacifica area;

(6)

The application process has conformed to all the requirements of the Map Act of the State; and

(7)

The dwelling units to be converted have been constructed and used as rental units for at least three (3) years prior to the application for conversion.

(§ I, Ord. 344-C.S., eff. August 25, 1982)

Article 25. - Height Limits[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 902-C.S., § 6(Exh. A, §§ 15, 16), effective September 24, 2025, repealed art. 25, §§ 9-4.2501—9-4.203 and enacted a new art. 25 as set out herein. Former art. 25 pertained to similar subject matter and derived from §§ 7.01—7.03, Ord. 363; § III, Ord. 440-85, effective March 1, 1985; §§ 1, 2, Ord. 463; § IX(A, B), Ord. 491-C.S., effective October 28, 1987; §§ 5 and 6, Ord. 538-C.S., effective December 27, 1989; § 2, Ord. 560-C.S., effective November 7, 1990; and Ord. No. 769-C.S., § 1, effective December 23, 2009.

Sec. 9-4.2501. - Height of buildings.

Building height is measured as follows:

(a)

Building height is measured from the existing or finished grade point, whichever is lower, of that portion of the lot covered by each building to the highest point on the roof of that building, except as provided below.

(b)

The Building height of a building, excluding single family dwellings, with a sloped, hipped, gabled, mansard, or gambrel roof is measured to a point that is half the distance between the highest point on the ridge and where the eave meets the plate.

==> picture [420 x 173] intentionally omitted <==

(§ 6(Exh. A, § 15), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.2502. - Rooftop projections.

(a)

Cupolas, flagpoles, monuments, church steeples, and similar structures, and mechanical appurtenances may be permitted to exceed the height limits for the district in which they are located provided a site development permit is first obtained, as set forth in Article 32 of this chapter, in each case.

(b)

Chimneys may project up to four (4) feet or the minimum required by the Building Code, whichever is less, above the height limit for the district in which they are located.

(c)

Water tanks, heating and air conditioning equipment, vents, pipes and necessary mechanical roof appurtenances may project up to four (4) feet above the height limit for the district in which they are located, provided they are setback a minimum of five (5) feet from any roof edge and screened to the extent practical.

(d)

Parapet walls may project up to five (5) feet above the height limit for the district in which they are located.

(e)

Elevator penthouses or shafts, stair enclosures, and equipment or mechanical penthouses may project up to twelve (12) feet above height limits for the district in which they are located, provided all of the following standards are met:

(1)

The combined area of all such rooftop features shall not exceed fifteen (15) percent of the average floor area of all stories of the building; and

(2)

All such features shall be setback a minimum of ten (10) feet from any roof edge; and

(3)

These structures shall not be used as habitable space or for any commercial purpose, other than the mechanical needs of the building.

(§ 6(Exh. A, § 15), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.2503. - Fences, hedges, walls, and plantings.

(a)

No fence, hedge, wall, or screen planting of any kind shall be constructed or grown to exceed six (6′) feet in height (unless otherwise required by law) within any required side yard to the rear of the required front yard of any dwelling or within any required rear yard; nor exceed three (3′) feet in height within the required front yard of any dwelling, or, for corner lots, within twenty-five (25′) feet of a street corner measured at the property line. Fences or walls limited to three (3′) feet in height may be vertically extended up to four (4′) feet with open work fence material, as defined in subsection (b) of this section, subject to approval of the Planning Director, who shall consider the compatibility of the fence design with its site and surrounding uses. Commercial fences may not exceed six (6′) feet in height, unless additional height is allowed with a site development permit.

(b)

When there is a difference in the ground level on opposite sides of a retaining wall, height shall be measured from the lower ground level. When there is a difference in the ground level on opposite sides of a fence, height should be measured from the higher ground level. However, any portion of a fence above the maximum allowable height as measured from the lower ground level may be required by the Planning Administrator to be an open work fence. An "open work fence" means a fence in which the component solid portions are evenly distributed and constitute not more than sixty (60%) percent of the total surface area of the fence. In addition, the height of fences or walls which are located within the front setback, parallel to the front property line, or within twenty-five (25′) feet of a street corner, shall be limited to three (3′) feet in height as measured from the side of the fence facing the street.

(c)

This section shall not be construed to limit terracing of retaining walls. Terraced walls shall be offset at least three feet (3') from each other by a planting area.

(§ 6(Exh. A, § 15), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.2504. - Television and radio antennas, masts, and towers.

The purpose of this section is to provide standards to regulate the placement and height of aerials, as defined in Section 9-4.203 of Article 2 of this chapter. Such regulation is necessary to protect the public health and safety, and to ensure that placement of aerials is not detrimental to the aesthetics of the neighborhood. The following standards shall apply:

(a)

Receiving television and radio aerials shall not exceed a height of forty-nine (49′) feet, and transmitting aerials shall not exceed a height of fifty-five (55′) feet above the ground level.

(b)

An antenna consisting of a single vertical element not more than two (2″) inches in diameter, in lieu of a horizontal arrangement, shall be excepted from the height restriction set forth in subsection (a) of this section.

(c)

The section of masts and towers more than thirty (30′) feet above the ground shall have a cross-section which can be fitted within a square with a side of twelve (12″) inches.

(d)

Not more than one aerial tower, as defined in Section 9-4.203 of Article 2 of this chapter, shall be erected on a lot with an area of less than twenty thousand (20,000) square feet. Two (2) aerial towers shall be permitted on a lot with an area of twenty thousand (20,000) square feet, and one additional aerial tower shall be permitted for each additional ten thousand (10,000) square feet over twenty thousand (20,000) square feet. Wood towers shall not be erected.

(e)

Masts and/or towers shall be located at least ten (10′) feet to the rear of the required front yard setback line and shall not be closer than six (6′) feet to any property boundary.

(f)

Antennae and/or guy wires shall not overlap adjoining property and shall not encroach upon an easement without the written consent of the owner of such easement, which consent shall be attached to the application for a building permit.

(g)

Where the need for greater height or other modifications can be demonstrated to the satisfaction of the Commission, and where such greater height can be permitted without detriment to the neighborhood, a use-permit for such purpose may be granted by the Commission, subject to the requirements of Article 33 of this chapter.

(h)

Any aerial based on the ground and extending to a height of more than thirty-four (34′) feet, and any aerial based on a building and extending to a height of more than twenty-four (24′) feet above its base, shall require a building permit. Any aerial based on the ground and extending to a height of less than thirty-four (34′) feet, and any aerial based on a building and extending to a height of less than twenty-four (24′) feet above its base, shall not require a building permit provided the following shall be found to be true:

(1)

The tower, mast, and aerial shall be installed on the building site so that no part of the tower, mast, or aerial would fall across a property line;

(2)

The tower, mast, and attached antenna shall be no closer than six (6′) feet to a high-voltage overhead conductor, as provided in Section 385 of the Penal Code of the State;

(3)

The tower, mast, and attached antenna shall be no closer than two (2′) feet to any television cable transmission line or telephone transmission line; and

(4)

The tower, mast, and attached antenna shall be no closer than two (2′) feet to any electrical service drop serving any building on any property.

(i)

All installed antennae shall be maintained in a safe and workmanlike manner with all towers, masts, and vertical antennae in a vertical position and all guy wires properly attached.

(j)

Regulation of satellite receiving antennas.

(1)

Aesthetic objectives. Due to their size, bulk, and design, satellite television receiving or "dish" antennas, as defined in Section 9-4.203 of Article 2 of this chapter, have a greater visual impact than other types of antennas. Improper placement of dish antennas can provide a jarring contrast to the design of an individual structure and be detrimental to the overall design character of a neighborhood. The concern for the visual impact of dish antennas is supported by the City's adopted Design Guidelines, which state, in part, that additions to existing structures should be consistent with the positive architectural features of the original structure, that compatibility of materials is an essential ingredient in design quality, and that all exposed mechanical and electrical equipment must be screened from public view. The purpose of the ordinance codified in this section is to implement these aesthetic objectives in a manner which does not impose unreasonable limitations and which is consistent with the right to receive satellite signals.

(2)

Specific placement standards. Dish antennas may be administratively approved by the Planning Administrator and shall be permitted to be constructed and placed subject to the following conditions:

(i)

Dish antennas for residential uses shall be located in the rear yard, shall not be closer than six (6′) feet to any side rear lot line, and shall be viewable from a public street.

(ii)

Dish antennas for commercial uses shall not be viewable from a public street unless a use permit is issued.

(3)

Conditional uses. Dish antennas may only be permitted in other locations or if viewable from a public street upon issuance of a use permit by the Planning Commission. Issuance of the use permit shall be governed by the procedures of Article 33 of Chapter 4 of Title 9 of this Code; however, the Commission, in deciding whether to grant or deny such permit, shall apply the following standards:

(i)

Dish antennas shall not be permitted in locations other than the rear yard unless reasonable satellite signal reception cannot be received in the rear yard;

(ii)

The dish antenna shall be placed in a manner that, to the maximum extent practicable, blends in with the architectural features of the structure;

(iii)

The dish antenna structure shall be as compatible as possible in color and material with the supporting structure;

(iv)

If feasible, the dish antenna shall be screened from public view and the color and material of the screen shall be compatible with the structure;

(v)

The height of the dish shall not exceed the maximum height of the district in which the dish is located;

(vi)

The foregoing standards shall be applied in a manner so as to permit reasonable reception of satellite signals and so as not to impose costs on antenna users which are excessive in light of the purchase and installation costs of the antenna equipment.

Dish antennas may be permitted in other locations subject to the issuance of a use permit. The height of roof-mounted dish antennas shall not exceed the maximum permitted height of the district.

(§ 6(Exh. A, § 16), Ord. No. 902-C.S., eff. September 24, 2025)

Article 26. - Public Utilities/Residential and Commercial Antennas[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. 802 C.S., § 2, effective April 8, 2015, amended Art. 26 in its entirety to read as set out herein. Former Art. 26, §§ 9-4.2602—9-4.2618, pertained to similar subject matter and derived from Ord. 652 C.S., § 1, effective April 23, 1997.

Sec. 9-4.2600. - Wireless communications facilities. Sec. 9-4.2602. - Purpose.

The purpose of this article is to provide locational, design and screening criteria to minimize the potential health, safety and aesthetic impacts of wireless communications facilities. The criteria establish standards and permit requirements to facilitate the installation of wireless communications systems while remaining consistent with the scenic character of the City. This article seeks to minimize any adverse visual impact created by wireless communications facilities while providing adequate service to the citizens of the City and to accommodate the need for a connection of such services to wireless facilities in adjacent and surrounding communities.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

For the purpose of this article, certain words and terms are hereby defined. Words used in the singular number shall include the plural and the plural the singular; unless more specifically defined the word "building" is interchangeable with the word "structure," the word "shall" is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with the type of equipment described herein which most closely resembles such equipment. Reference to "facility" is interchangeable with "wireless communications facility" unless otherwise noted.

(a)

"Antenna" shall mean a device used in wireless communications which transmits or receives radio or any other sort of electronic type of signal, which may include electromagnetic waves (see omni-directional, panel, parabolic and ancillary antennas).

(b)

"Building profile" shall mean that area between the outermost extent of the foundation on the left and right sides of a building, and extending directly to the private or public right-of-way center line at the front of the parcel. For through-lots, the area shall also extend to the private or public right-of-way center line at the rear of the parcel. For corner lots, the building profile shall also include that area between the front and rear foundations of a building, and extending directly to the private or public right-of-way center line at the side of the parcel. For all purposes in this article, the term "right-of-way" shall include, without limitation, public

access easements fronting residential parcels. In the case of an unusual parcel, private or public right-ofway, or building configuration, the Planning Administrator shall determine the building profile.

(c)

"Co-location" shall mean locating wireless communications equipment from more than one provider on a single site.

(d)

"Equipment facility" shall mean a cabinet or structure used to house equipment associated with wireless communication antennas.

(e)

"Facade-mounted antennas" shall mean any type of wireless communications facility in which antennas are mounted on the wall of a structure.

(f)

"Ground-mounted antenna structure" shall mean wireless communications facility that typically consists of a support structure with attached antennas. Antennas attached to a support structure cannot be considered "facade mounted" or "roof mounted" as defined in this subsection.

(g)

"Major antenna" shall mean any antenna or group of antennas exceeding the size of a minor antenna.

(h)

"Microwave antenna" shall mean a bowl-shaped antenna used to link communication sites together by wireless transmission of voice or data in a specific directional pattern.

(i)

"Minor antenna" shall mean an antenna, typically cylindrical in shape, three (3″) inches or less in diameter and not exceeding eight (8′) feet in height, or a cumulative site total of eight (8) square feet or less.

(j)

"Public utilities" shall mean distribution equipment related to any business entity which owns or operates any plant, equipment, property, franchise or license for the transmission of communications, transportation of goods, or the production, transmission, sale, delivery or furnishing of electricity, water and the like.

(k)

"Radiofrequency radiation (RFR)" shall mean, for purposes of this article, electromagnetic radiation in the portion of the spectrum from three (3) kHz (Kilohertz) to three hundred (300) GHz (gigahertz).

(l)

"Roof mounted" shall mean any type of facility in which antennas are mounted on the roof, parapet or similar feature of a structure and extends past the roofline of the building.

(m)

"Support structure" shall mean a ground-mounted vertical structure to which antennas and other necessary equipment are mounted. Support structures typically consist of a single structure anchored to the ground and providing support for a wireless communications facility. Typical support structures include, but are not limited to, a lattice tower, monopole, utility pole, street light pole, traffic signal pole, or any similar structure composed of a single spire or other vertical support.

(n)

"Wireless communications facilities" shall mean commercial transmitting, relaying and receiving antennas, antenna support structures and ancillary facilities, including equipment facilities and overhead and underground service/transmission lines used for the purpose of transmitting, relaying and receiving data, voice and paging services. Wireless communications facilities include those intended to be operated for a limited time such as facilities mounted on a mobile vehicle or trailer. For purposes of this article, wireless communications facilities do not include those facilities protected pursuant to Section 207 of the Telecommunications Act of 1996.

Examples of common types of wireless communications facilities:

==> picture [369 x 377] intentionally omitted <==

==> picture [211 x 165] intentionally omitted <==

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

The purpose of these regulations is to provide a basis for meeting the present and future utilities and communications needs of the City of Pacifica while minimizing the land use, aesthetic and environmental impacts of technology developed to meet those needs. Where conflict occurs within this article between the provisions of this article and any other City codes, ordinances, resolutions, guidelines or regulations, the more restrictive provision shall control unless otherwise specified.

Facilities existing prior to the adoption of this article and constructed or installed in accordance with codes that were applicable at the time of construction or installation may remain in place. Any such facilities that would not be allowed under this article shall be deemed nonconforming. Any facility that was constructed or installed in violation of any prior code shall either be removed or an application for a use permit shall be filed within thirty (30) days after the effective date of this article.

Facilities not meeting the standards set forth in this article may apply for a variance as indicated in Article 34 of this chapter.

Facilities may be required to obtain additional permits pursuant to the Pacifica Municipal Code, in addition to permits required pursuant to this article.

(a)

Exemptions. The following are exempted from the provisions of this section:

(1)

Wireless communications facilities related to public safety and/or emergency services.

(2)

Modifications to wireless communications facilities previously approved by the City through a discretionary review process (including facilities in the public right-of-way), and involving co-location, removal, or replacement of transmission equipment that does not substantially change the physical dimensions of such facilities, as provided in Federal Communications Commission (FCC) Report and Order No. 14-153,

published in the Federal Register on January 8, 2015, or a successor order. Applications subject to the exemption provided in this subsection shall remain subject to Sections 9-4.2608 and 9-4.2610.

(3)

Wireless communications facilities for which any federal or state statute or regulation exempts the facility from the imposition of the permit requirements of this section.

(b)

Administrative permit. The following uses are subject to an administrative permit and associated review, provided that the wireless communication facilities comply with the regulations set forth by this section and the underlying zoning district:

(1)

Facade-mounted major antennas and associated equipment facilities in all zoning districts other than R, A, O-S, B overlay, and HPD overlay districts;

(2)

Antenna(s) and associated equipment facilities, other than those described in subsection (a), proposed to co-locate on a previously approved facility meeting all zoning standards and provided an increase in overall height or width is not necessary. This does not include co-location of different facilities on the same developed site, parcel or lot;

(3)

Facade-mounted minor antennas in all zoning districts, except O-S District;

(4)

At the Planning Administrator's discretion, an application for an administrative use permit may be brought to the Planning Commission for review pursuant to Section 9-4.3802 of the Pacifica Municipal Code.

(c)

Conditional uses. The following uses require the issuance of a use permit:

(1)

Ground-mounted and roof-mounted major and minor antenna structures and associated equipment facilities in all zoning districts;

(2)

Wireless communications facilities intended to be operated for a limited time, such as facilities mounted on a mobile vehicle or trailer, not including mobile facilities providing public information coverage of news events;

(3)

Facade-mounted major antennas in all R, A, B overlay, and HPD overlay districts;

(4)

All antennas in O-S zoning districts;

(5)

All antennas in a private or public right-of-way. This subsection shall include antennas within a public utilities easement situated between a residential parcel and a private or public right-of-way.

(6)

Wireless communications facilities located on sites and/or buildings identified as historically significant in the Pacifica General Plan and the Pacifica Municipal Code;

(7)

Any wireless communication facility located in an area designated by the City for undergrounding of utilities.

(8)

Any wireless communications facility not exempted under subsection (a) or subject to an administrative permit under subsection (b).

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2608. - Site development standards.

(a)

General criteria.

(1)

All wireless communications facilities must satisfy the minimum zoning district setback requirements, except those within a private or public right-of-way which shall be subject to the standards of subsection (e). The standards of subsection (e) shall also apply to wireless communications facilities within a public utilities easement situated between a residential parcel and a private or public right-of-way.

(2)

Equipment facilities shall be limited to the housing of radio, electronic and related power equipment necessary to that site, and not used for general storage of unused equipment. Equipment facilities shall conform to the following:

(i)

Shall be compatible with the design of surrounding areas by using appropriate materials, colors and detailing, or shall be screened from view to the fullest extent possible;

(ii)

An equipment facility shall be located within the building in which its associated wireless communications facility is constructed or located underground if site conditions permit. Otherwise, the equipment facility shall be screened from view by a compatible wall, fence, or landscaping.

(3)

In the event that the Planning Administrator needs assistance in understanding the technical aspects of a particular proposal, he or she may retain the services of a communications consultant (such as a radio engineer) acceptable to the City to determine the engineering and locational requirements of a specific wireless network. This service will be at the applicant's expense.

(4)

The proposal for any antenna facility must comply with all standards related to radio frequency electromagnetic fields as required by the Federal Communications Commission (FCC).

(5)

The applicant shall ensure that the wireless communications facility will not cause localized interference with the reception of area television or radio broadcasts. If the City finds that the facility interferes with such reception, and if such interference is not cured within sixty (60) days, the City may revoke or modify any required discretionary permits or require discretionary review if none is required pursuant to this article.

(6)

All wireless communications facilities shall be unlit; manually operated or motion-detector controlled lights on the site shall be kept off except when personnel are present at night.

(7)

All wireless communications facility operators shall, every two (2) years from the date of the final building permit inspection for each facility in the City, submit to the Planning Administrator a written certification stating whether the facility (i) is still in operation; (ii) complies with all conditions of approval imposed on the facility, if any; and (iii) is maintained in a way that does not pose a hazard to public safety. For sites not in operation, facility operators shall specify the date operation of the facility ceased, the reason operation of the facility ceased, and an estimated date the site will resume operation, if at all. Facility operators with multiple facilities within the City may coordinate a single biennial certification date for all facilities upon approval of the Planning Administrator. The wireless communication facility operator shall remit a fee to the City, pursuant to the City's master fee schedule, when the operator submits its biennial certification submission.

(b)

Design-related standards.

(1)

All wireless communication facilities shall, to the maximum extent practicable, incorporate best practices to achieve concealment and stealth of antennas, equipment, and support structures. Further, all wireless communications facilities shall be screened to the fullest extent possible and located to minimize visibility from surrounding areas and private or public rights-of-way. In addition to the requirements of this subsection, wireless communications facilities within a private or public right-of-way shall conform to the standards of subsection (e).

(2)

The use of colors and facility designs shall be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and shall prevent the facility from dominating the surrounding area.

(3)

If fencing or walls are used to screen a facility, they should be architecturally compatible with its surroundings. If used, chain-link fencing must be coated with a nonreflective material.

(4)

Methods of facility screening shall include use of landscaping. A conceptual landscape plan shall be submitted for review with the initial application; the final landscape plan shall be subject to approval by the Planning Administrator prior to the issuance of a building permit.

(c)

Facade-mounted antennas.

(1)

All facade-mounted major antennas shall be mounted on the facade and shall not extend above the roofline or parapet of the building. All facade-mounted antennas shall be painted and textured to match the existing building.

(2)

Minor antennas mounted on a building, whether facade-mounted or roof-mounted, shall not extend more than seven (7′) feet above the highest point of the building.

(d)

Ground-mounted antenna structures, except in private or public rights-of-way.

(1)

Support structures, such as monopoles or lattice towers, must be ground mounted, not roof mounted.

(2)

The height of a ground-mounted antenna structure shall not exceed thirty-five (35′) feet, or the height at which hazard lights are required by Federal Aviation Administration (FAA), FCC, or California Highway Patrol

(CHP), whichever is less.

(3)

Ground-mounted antenna structures shall be set back from abutting residentially zoned property and/or residential land use a distance equal to the height of the tower or fifty (50′) feet, whichever is greater.

(4)

Ground-mounted antenna structures shall be set back from any property line or private or public right-ofway by a minimum of twenty-five (25′) feet.

(e)

Ground-mounted antenna structures in private or public rights-of-way

(1)

All antennas attached to existing utility, streetlight, or traffic signal poles (including, without limitation, Pacific Gas & Electric and telecommunication provider poles) within private or public rights-of-way, shall not extend more than two (2′) feet above the top of the support structure, and shall not extend horizontally more than two (2′) feet from the point of attachment to the support structure, unless necessary to comply with regulatory requirements or for health and safety reasons.

(2)

Support structures to be installed, such as monopoles or lattice towers, must be ground mounted, not roof mounted.

(3)

For new installations of ground-mounted antenna structures, the height shall not exceed thirty-five (35′) feet, or the height at which hazard lights are required by FAA, FCC, or CHP, whichever is less. New installations shall also be installed the maximum practicable distance from residential zones and/or uses, and located outside of the building profile of the nearest adjacent residential structures. Notwithstanding the provisions of this subsection, the Planning Commission may authorize a new installation within the building profile of a residential structure if it makes a specific finding that the installation will result in a facility that is most harmonious with neighborhood aesthetics and is the least visually obtrusive design alternative; or such an installation is necessary to comply with federal or state law.

(4)

No wireless communications facility shall be installed (i) on an existing support structure located within the building profile of an existing residential structure; or, (ii) within twenty-five (25′) feet of another wireless communications facility, support structure, or utility, streetlight, or traffic signal pole with or without an attached facility. Notwithstanding the provisions of this subsection, the Planning Commission may authorize a new installation within the building profile of a residential structure if it makes a specific finding that the installation will result in a facility that is most harmonious with neighborhood aesthetics and is the

least visually obtrusive design alternative; or such an installation is necessary to comply with federal or state law.

(5)

Support structures and equipment facilities, including associated walls, fences, or landscaping, shall be at least eighteen (18″) inches from the front of the curb. In areas without curbs, support structures and equipment facilities shall be at least eighteen (18″) inches from the nearest travel lane.

(6)

Equipment facilities shall be located so as not to cause (i) any physical or visual obstruction to pedestrian or vehicular traffic, (ii) inconvenience to the public's use of the right-of-way, including for persons with disabilities, or (iii) safety hazards to pedestrians, bicyclists or motorists.

(7)

All wireless communications facilities installed within the public right-of-way shall be subject to issuance of an encroachment permit and any siting restrictions imposed by the City Engineer for safety or technical reasons, in addition to any required discretionary permit.

(f)

Permit requirements.

(1)

Wireless communications facilities shall be maintained in strict compliance with the approved plans. The applicant shall describe on plans submitted, scheduled maintenance needs, including frequency of service, personnel needs, equipment needs and any traffic, noise or safety impacts of such maintenance, including maintenance of landscaping, building finishes, architectural elements and changes necessary to the facility due to building remodel.

(2)

If it is found that wireless communications facilities as defined in this section will be detrimental to the health, safety and welfare of persons working or residing near the vicinity of said facilities, then the wireless communications provider shall be solely responsible for the removal, adjustment or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety and welfare. A facility shall not be found to create a hazard to health, safety and welfare as a result of radiofrequency emission from that facility so long as that facility meets all applicable standards established by the Federal Communications Commission.

(3)

The carrier of the wireless communications facility shall and does, upon approval of any City permit, agree to indemnify, protect, defend and hold harmless the City, its Council members, Planning Commission members, officers, employees, agents and representatives, from and against any and all liabilities, losses,

damages, demands, claims and costs, including court costs and attorney's fees (collectively, "liabilities") incurred by the City, its officers, employees and agents, which arise directly or indirectly from:

(i)

City's approval and issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein; and

(ii)

Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The permittee/operator compliance with this section is an express condition of any City permit and this provision shall be binding on any and all of the permittee/operator's successors and assigns.

Only those liabilities that arise due to the sole negligence of the City shall be excluded from the scope of the carrier's obligation under this subsection.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2610. - Abandonment.

All obsolete or unused facilities must be removed within six (6) months of cessation of operation at the site, and the site must be restored to its original state.

All facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, then the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Any violation of this article is hereby deemed to be a public nuisance. Failure to maintain or bring facilities into compliance with this article and such revised standards and regulations shall constitute grounds for revocation of any permits granted under this article pursuant to Title 9, Chapter 4, Article 33, Use Permits. Such failure is also deemed a public nuisance and subject to abatement and removal of the facility by the City at the property owner's expense pursuant to Title 5, Chapter 25, Property Maintenance and Nuisance Abatement.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2612. - Administrative permits.

The provisions of this section shall apply to cases where the Planning Administrator determines that an administrative permit is appropriate because the proposed facility meets the standards of this article. The applicant shall submit the standard materials required with a City application for a use permit, including supplemental materials indicated in Section 9-4.2614.

(a)

Public notice. Notice of applications approved by the Planning Administrator shall be mailed to all abutting property owners, who shall have the right to appeal.

(b)

Action. The Planning Administrator may deny, approve, or conditionally approve an administrative permit and shall use the procedure and make the findings required by the provisions of Section 9-4.2614 prior to granting an administrative permit; however, a public hearing shall not be required.

(c)

Appeals. Appeals from decisions of the Planning Administrator may be made to the Commission within ten (10) days after the action of the Planning Administrator. Such appeals shall be in writing and shall be filed with the Planning Administrator. Upon the receipt thereof, the Planning Administrator shall forward the appeal, together with the record on the matter, to the Planning Commission. The Planning Commission shall give notice of such hearing as set forth in Section 9-4.3302 of Article 33 of this chapter.

(d)

Amendments. Amendments to an administrative permit may be approved by the Planning Administrator. However, if any amendment would, in the opinion of the Director, change the nature of the project so that it no longer satisfies the criteria established in this section, then the application shall thereafter be treated in the manner established in Section 9-4.2614, Use Permits.

(e)

Effect of administrative permits. No administrative permit shall have any force or effect until the applicant therefor actually received such permit designating the conditions of its issuance thereon and signed by the Planning Administrator and applicant. No such permit shall be issued until the time for filing an appeal of the administrative decision has expired or, in the event of such appeal, until after the expiration of the appeal period after the final determination thereof by the Commission.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2614. - Use permits.

(a)

Supplemental application materials. In addition to all standard information required as part of the use permit and/or variance application, the following material shall also be submitted:

(1)

A study produced by the applicant indicating that the selected site is required in order to provide adequate signal coverage, including a map showing the desired search ring and relationship to other facilities;

(2)

An inventory of its existing facilities that are either within the jurisdiction of the governing authority or within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and

design of each facility;

(3)

A photographic projection or mock-ups, displaying the proposed facility as seen from adjacent private or public rights-of-way and, if applicable, residential properties;

(4)

License information from the Federal Communications Commission indicating compliance with American National Standards Institute (ANSI) standards regarding level of non-ionizing electromagnetic radiation (NIER) exposure of proposed antennas;

(5)

Information regarding the site selection process, including information about other sites that were considered and reasons for their rejection. Information may include, at the Planning Administrator's discretion, a photographic projection or other graphic demonstration to determine potential visual impact of alternate sites.

(6)

A deposit for legal, staff, and peer review based on an estimate provided by the Planning Administrator. The Planning Administrator may employ, on behalf of the City, an independent technical expert to review any technical materials submitted, including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

(b)

Use permit—findings. In addition to the standard findings as enumerated in Section 9-4.3303 of the Pacifica Municipal Code, the Commission may deny, approve or conditionally approve a use permit for wireless communications facilities as defined in this article upon making all of the following supplementary findings:

(1)

That the project will not cause localized interference with reception of area television or radio broadcasts or other signal transmission or reception;

(2)

That the information submitted proves that a feasible alternate site that would result in fewer visual impacts does not provide reasonable signal coverage;

(3)

That the application meets all applicable requirements of Section 9-4.2608 of the Pacifica Municipal Code.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2616. - Variances.

Installers of wireless communications facilities may be granted deviations from the requirements of this article. In addition to complying with requirements and findings pursuant to Article 34, Chapter 4, Title 9 of the Pacifica Municipal Code, the following findings must be met as determined by the Planning Commission:

(a)

That the strict application of the ordinance prevents or imposes unreasonable limitations on the provision of wireless communication services;

(b)

That the standards as set forth in this article have been met to the maximum extent feasible.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Sec. 9-4.2618. - Severability.

If any action, subsection, sentence, clause or phrase of this article is, for any reason, held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this article.

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Table 9-4.26

WIRELESS COMMUNICATION FACILITIES PERMITS REQUIRED ACCORDING TO ZONING DISTRICT

• If planned development is primarily residential in nature, then residential standards apply. Likewise, if planned development is primarily commercial in nature, then commercial standards apply.

KEY:

A = Administrative Permit

UP = Use Permit

(§ 2, Ord. 802 C.S., eff. April 8, 2015)

Article 27. - Projections into Yards

Sec. 9-4.2701. - Scope.

The provisions of this article shall be in addition to, and shall not constitute a waiver of, any other provision of this chapter.

(§ 9.09, Ord. 363)

Sec. 9-4.2702. - Cornices, eaves, canopies, and similar architectural features.

Architectural features, such as cornices, eaves, canopies, fireplaces, bay windows, and similar architectural structures, may not be constructed closer than thirty (30″) inches to any side lot line nor project more than six (6′) feet into any required front or rear yard.

(§ 9.01, Ord. 363, as amended by § XI (A), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2703. - Porches, landings, and outside stairways.

Open porches, landings, and outside stairways may project not closer than four (4′) feet to any side lot line and not exceeding six (6′) feet into any front or rear setback; provided, that the area is unenclosed (a roof and partial walls may be allowed within the front setback). On-grade stairways are permitted closer to the property line to provide a necessary connection between the street and a structure. Decks and other projections less than thirty (30″) inches above grade are permitted within required setbacks.

(§ 9.02, Ord. 363, as amended by § XI (B), Ord. 491-C.S., eff. October 28, 1987, § 2, Ord. 585-C.S., eff. February 12, 1992, § VII (A), Ord. 613-C.S., eff. April 13, 1994, and § IX, Ord. 641-C.S., eff. May 8, 1996)

(a)

In the event an accessory building is attached to the main building, such accessory building shall be made structurally a part of the main building, and comply in all respects with the requirements of this chapter applicable to the main building. Unless so attached, the following regulations shall apply to accessory buildings in all residential districts:

(1)

All portions of the accessory building shall be located at least five (5′) feet from any building existing or under construction on the same lot; a building is considered attached to another building when there is a common wall, common roof or a horizontal connection thirty (30″) inches above grade such as a deck. Retaining walls and/or decking between buildings that are less than thirty (30″) inches above grade are not considered a connection.

(2)

No accessory building shall be located within any required front or side setback except as permitted below, nor within five (5′) feet of any alley;

(3)

An accessory building may be located within the rear setback provided that:

(i)

Only nondwelling uses (i.e., garage, storage) are proposed,

(ii)

At least a one-and-one-half (1½) foot setback is provided from the side and/or rear lot line,

(iii)

At least fifty (50%) percent of the structure is located within the rear setback,

(iv)

If building coverage is thirty-five (35%) percent or more, any driveway leading to a garage shall be surfaced with alternative paving (i.e. turfblock or landscaped strips between paving) subject to approval by the City Engineer and Fire Marshal,

(v)

In the case of corner lots, the accessory building may not project beyond the front setback required or existing on the adjacent lot, and

(vi)

Building height shall not exceed twelve (12′) feet;

(4)

Except for a detached garage, every accessory building shall be located behind the main structure;

(5)

No accessory building shall be constructed until a main building is constructed on the site;

(6)

The total area covered by detached nondwelling accessory structures located in the rear setback of a lot may not exceed 600 square feet.

(7)

An accessory dwelling unit constructed in accordance with Article 4.5 of this chapter shall not be considered an "accessory building" for purposes of this section.

(b)

Where the slope of the front half of any residential lot is greater than one foot rise or fall in a horizontal distance of four (4′) feet from the established street elevation of the lot at the front street line (twenty-five (25%) percent), or where the elevation of the lot at the front street line is six (6′) feet above or below the established street elevation, a private garage or carport, attached or detached, may be built to within ten (10′) feet of the front lot line if such reduction will not interfere with existing or proposed public utilities or established setback lines; provided, however, such garage or carport shall maintain the side yard setbacks required for the main building. An additional reduction in the front yard setback may be permitted if the property is located on an improved public road where a curb has been constructed or an official street improvement plan has been established. The additional reduction in the front yard setback which may be permitted shall be one foot for each two (2′) feet from the property line to the face of the curb. The maximum permitted reduction shall be four (4′) feet. Such reduction shall not be permitted if it will interfere with any established plan line for road improvements or widening.

(§ 9.05, Ord. 363, as amended by § 1, Ord. 404, § 15, Ord. 538-C.S., eff. December 27, 1989, § 1, Ord. 586-C.S., eff. February 12, 1992, § VII (B), Ord. 613-C.S., eff. April 13, 1994, and § II, Ord. 641-C.S., eff. May 8, 1996; Ord. No. 769-C.S., § 4, eff. December 23, 2009; § 13, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.2705. - Yard and inner court requirements.

(a)

Where forty (40%) percent or more of the lots in a block have been improved with buildings, the minimum required front yard shall be the average of the improved lots if less than the requirements of this chapter.

(b)

On any parcel of land which qualifies as a building site, the width of each side yard may be reduced to ten (10%) percent of the width of such parcel but in no case to less than three (3′) feet.

(§§ 9.06, 9.07, and 9.08, Ord. 363, as amended by § 1, Ord. 65-C.S., eff. October 25, 1972, and § XI (C), Ord. 491-C.S., eff. October 29, 1987)

Sec. 9-4.2706. - Replacement of yard requirements by building lines.

(§ 9.10, Ord. 363; repealed by § XI (D), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2707. - Encroachment of yards on official plan lines.

Whenever an official plan line has been established for any street, the required yards shall be measured from such line, and in no event shall the provisions of this chapter be construed as permitting any encroachment upon any official plan line.

(§ 9.03, Ord. 363)

Sec. 9-4.2708. - Encroachment of swimming pools and decks or other structures.

Swimming pools and decks or other structures less than thirty (30″) inches above the grade may be permitted in required yards.

(§ XI (E), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2709. - Reduction of front yard setbacks.

(a)

Scope and purpose. The provisions of this section shall apply to front yard setback reductions for garages based upon improved parking areas in Single-Family Residential District (R-1). The purpose of this section is to encourage varied front yard setbacks in the Single- Family Residential District (R-1) while providing for necessary parking areas.

(b)

Site development permits required. A site development permit shall be required for each application for the reduction of a front setback for a garage as provided in this section. The Commission, as a condition of the site development permit, may require landscape planting, or fencing, or that other conditions be met in order to assure the satisfaction intent of this section.

(c)

Standards.

(1)

"Swing" type parking access may be employed as denoted in the following schematic drawing:

Setback Reduction Based upon Improved Parking Area in the Single-Family Residential District (R-1)

Minimum Standard Lot

==> picture [343 x 421] intentionally omitted <==

(2)

The front yard setback reductions which may be permitted shall be as follows:

(3)

When "swing" type parking is employed, a fifteen (15′) foot setback to the side of the garage may be permitted administratively.

(d)

Conversion of garages to living areas. No living area shall be located closer than fifteen (15′) feet to the front property line.

(e)

Interpretation. The provisions of this section shall not be construed to preclude the Commission granting setback variations as provided in Article 34 of this chapter.

(f)

Delegation. The Commission may authorize the Planning Administrator to approve site development permits pursuant to this section.

(§ XI (F), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.2710. - Outdoor cultivation of cannabis in residential areas.

Subject to the standards contained in Article 48 of this chapter, including without limitation any setback requirements or limitations on the number of plants which may be cultivated.

(§ 15, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Article 28. - Off-Street Parking and Loading*

• Sections 9-4.2801 through 9-4.2826, codified from Ordinance No. 363, as amended by Ordinance Nos. 419, 13-C.S., effective April 16, 1971, 37-C.S., effective November 25, 1971, 66-C.S., effective October 25, 1972, 73-C.S., effective May 9, 1973, 218-C.S., effective December 28, 1977, 219-C.S., effective January 11, 1978, 224-C.S., effective April 12, 1978, 227-C.S., effective May 10, 1978, and 453-85, effective September 23, 1985, repealed by Ordinance No. 497-C.S., effective February 10, 1988.

Sec. 9-4.2801. - Purpose.

The purpose of this article is to alleviate or prevent the congestion of the public streets and thus promote the safety and welfare of the public by establishing minimum requirements for the off-street parking, loading, and unloading of motor vehicles in accordance with the use to which property is put.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2802. - Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Bus" shall mean a motor vehicle, other than a truck or tractor, designed for carrying more than ten (10) persons, including the driver, and used or maintained for the transportation of passengers.

(b)

"Camper" shall mean a motor vehicle upon which a camper shell has been mounted.

(c)

"Camper shell" shall mean a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

(d)

"Commercial vehicle" shall mean a vehicle used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

(e)

"Electric vehicle charger" shall mean off-board charging equipment used to charge an electric vehicle.

(f)

"Electric vehicle charging space" ("EV Space") shall mean a space intended for installation of EV charging equipment and charging of electric vehicles.

(g)

"Electric vehicle charging station" shall mean one or more electric vehicle charging space served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are categorized by the following levels:

Level 1 is considered slow charging and operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.

Level 2 is considered medium charging and operated on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

Level 3 is considered fast or rapid charging and operated on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three-phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

(h)

"Electric vehicle supply equipment" shall mean the conductors, including the underground, grounded and equipment-grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

(i)

"House car", also known as "motor home", shall mean a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper shell has been permanently attached.

(j)

"Major alteration" shall mean an alteration and addition where significant upgrades to structure and mechanical, electrical, and/or plumbing systems are proposed where areas of such construction for the building or associated parking facilities cumulatively are twenty thousand (20,000) gross square feet or more.

(k)

"Motor vehicle" shall mean a vehicle which is self-propelled.

(l)

"Motorcycle" shall mean a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds, except that four (4) wheels may be in contact with the ground when two (2) of the wheels are a functional part of a side car.

(m)

"Semi-trailer" shall mean a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

(n)

"Trailer" shall mean a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

(o)

"Trailer coach" shall mean a vehicle designed for human habitation, or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

(p)

"Truck" shall mean a motor vehicle designed, used, or maintained primarily for the transportation of property.

(q)

"Truck tractor" shall mean a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(§ 2, Ord. 497-C.S., eff. February 10, 1988, as amended by § 2, Ord. 823-C.S., eff. October 11, 2017)

Sec. 9-4.2803. - Scope.

The off-street parking and loading provisions of this article shall apply as follows:

(a)

For all buildings and structures erected, and all uses of land established after February 10, 1988, accessory parking and loading facilities shall be provided as set forth in this article.

(b)

When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement set forth in this article for required parking or loading facilities, parking and loading facilities as set forth in this article shall be provided for the existing use and such increase in intensity.

(c)

Whenever the existing use of a building or structure is changed to a use with increased parking requirements, parking or loading facilities shall be provided for such new use.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2804. - Facilities for existing buildings.

Accessory off-street parking or loading facilities which are located on the same site as the building or use served shall not be reduced below, or, if already less than, shall not be further reduced below, the requirements of this article for a similar new building or use. The off-street parking facilities for a primary dwelling unit may be reduced or eliminated as provided in Article 4.5 of this chapter for construction of an accessory dwelling unit.

(§ 2, Ord. 497-C.S., eff. February 10, 1988, as amended by § 14, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.2805. - Facilities for reconstructed or repaired buildings.

For any conforming building or use which was in existence on February 10, 1988, which building is subsequently damaged or destroyed, and for any lawfully nonconforming use which is not lost by reason of such damage, and which building is reconstructed, reestablished, or repaired as provided for in Article 30 of this chapter, off-street parking or loading facilities need not be provided; however, parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2806. - Computation of fractional spaces.

When the determination of the number of required off-street parking and loading spaces results in the requirement of a fractional space, any fraction under one-half (½) shall be disregarded, and fractions including and over one-half (½) shall require one off-street parking or off-street loading space.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2807. - Use of parking and garage facilities.

(a)

Covered parking facilities, required and/or accessory to single-family residential uses, shall have no use which interferes with the primary use of the parking and storage of motor vehicles, automobiles, campers, house cars, trailer coaches, trailers, or similar type vehicles belonging to the occupants of the residence.

(b)

Off-street parking and garage facilities, required and/or accessory to multiple-family residential uses, shall be used for the parking or storage of automobiles, trucks, campers, and motorcycles and shall not be used for the parking or storage of inoperable vehicles, camper shells, house cars, trailer coaches, trailers, boats, or similar type vehicles.

(c)

Under no circumstance shall required parking and garage facilities accessory to any residential structure be used for the parking or storage of commercial vehicles, unless such vehicles are the primary transportation of the resident.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2808. - Parking in required yards.

(a)

In any residential district, no required yard space, except as provided in this section, shall be used for the parking and storage of the following:

(1)

Motor vehicles, automobiles, house cars, buses, campers, camper shells, trailer coaches, trailers, semitrailers, trucks, truck tractors, tractors, motorcycles, or boats; or

(2)

Inoperable vehicles.

(b)

Automobiles, campers, trucks, motorcycles, and one house car may be parked on any garage apron or driveway, subject to the following conditions:

(1)

The vehicle shall not overhang or otherwise protrude into the public right-of-way.

(2)

The vehicle shall not obstruct, obscure, or otherwise restrict sight distance from any intersection in a manner which adversely impacts public safety.

(3)

The vehicle shall be operable and be fully licensed as stipulated in the Vehicle Code of the State.

(4)

The vehicle shall not be used for living, sleeping, or housekeeping purposes, and utility services shall not be connected thereto.

(5)

The vehicle shall belong to the occupant of the property or a guest visiting the occupant.

(c)

One unoccupied automobile, house car, camper, camper shell, trailer coach, trailer, truck, motorcycle, or boat may be parked or stored behind the front setback line provided such automobile, house car, camper, camper shell, trailer coach, trailer, truck, motorcycle, or boat is not used for living, sleeping, or housekeeping purposes and utility services are not connected thereto; and provided, further, if such parked or stored vehicle is within the side yard, a minimum clearance of three (3′) feet shall be maintained around the vehicle at all times. All vehicles so parked shall be screened by a sight-obscuring fence six (6′) feet in height.

(d)

Nothing in this section shall prohibit the temporary parking of vehicles on the garage apron or driveway for loading and unloading purposes provided such temporary parking time does not exceed seventy-two (72) hours within any seven (7) day period.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2809. - Parking vehicles and construction equipment.

(a)

In any residential district it shall be unlawful to park, store, or cause to be maintained on any street, lot, plot, or parcel of land so zoned any commercial vehicle or special construction equipment, as defined in the Vehicle Code of the State, with a gross vehicle weight rating of 10,000 pounds or more.

(b)

No person shall park any motor vehicle, automobile, house car, bus camper shell, trailer coach, trailer, semitrailer, truck, truck tractor, tractor, motorcycle, or boat on a vacant lot or parcel, unless such use is authorized by a use permit, as set forth in Article 33 of this chapter, and such lot or parcel used for such purpose is surfaced and maintained in accordance with the requirements of such use permit. The Planning Administrator may permit the temporary use, not to exceed sixty (60) days, of any unimproved lot or parcel

for the parking of vehicles in connection with a special event provided the site is posted to the specifications of the City at least seven (7) calendar days prior to Planning Administrator approval.

(c)

The temporary use of vacant lots or parcels for the parking of house cars or trailer coaches as construction offices, for the storage of equipment or materials, for twenty-four (24) hour security purposes, or as temporary commercial offices during the construction of permanent facilities may be permitted by the Planning Administrator provided the parking is in conjunction with construction on the same lot or building site and meets the following conditions:

(1)

Building plans for new construction shall be submitted and a building permit issued before the placement or occupancy of the motor home or trailer coach.

(2)

The occupancy shall not exceed twelve (12) months after the issuance of a building permit, unless otherwise extended by the Commission.

(3)

The temporary use of house cars or trailer coaches during the construction of individual single-family dwellings may only be permitted as described in this subsection if the project is constructed by an owner/builder.

(d)

The Planning Administrator may permit the temporary use, not to exceed six (6) months, of any unimproved lot or parcel for the parking of construction vehicles and equipment in connection with off-site construction activity provided the site is posted to the specifications of the City at least seven (7) calendar days prior to Planning Administrator approval.

(e)

No person shall park, stand, or store any motor vehicle, automobile, house car, bus, camper, camper shell, trailer coach, trailer, semitrailer, truck, truck tractor, tractor, motorcycle, or boat upon private property in any commercial district, unless such vehicle is parked, stored, or standing in conjunction with a business located on the property and with the permission of the property owner.

(f)

No lot or parcel, or portion thereof, in a commercial district designated and surfaced for off-street parking shall be used for the parking or storage of motor vehicles, automobiles, house cars, buses, campers, camper shells, trailer coaches, trailers, semitrailers, trucks, truck tractors, tractors, motorcycles, or boats, unless such vehicles are parked or stored in conjunction with a business located on the property and with the permission of the property owner.

(g)

No person shall park a motor vehicle, automobile, house car, bus, camper, camper shell, trailer coach, trailer, semitrailer, truck, truck tractor, tractor, motorcycle, or boat upon private property in any commercial district for the principal purpose of displaying such vehicle for sale, unless the business located on the property is authorized for vehicle sales.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2810. - Parking in conjunction with vehicle repairs.

(a)

Parking on vacant lots or parcels in conjunction with vehicle repairs. No person shall repair or modify any vehicle or install any part or accessory on any vehicle while such vehicle is on any vacant lot or parcel, unless such use is authorized by a use permit, as set forth in Article 33 of this chapter.

(b)

Parking on public rights-of-way in conjunction with vehicle repairs. No person shall repair or modify any vehicle or install any part or accessory on any vehicle while such vehicle is on any public highway, street, or alley, unless the mechanical condition of such vehicle is such that it cannot be moved from the public highway, street, or alley without such emergency repairs. All such emergency repairs shall be completed within twenty-four (24) hours after the breakdown or parking of such vehicle, whichever first shall occur.

(c)

Parking on driveways in conjunction with vehicle repairs. No person shall repair or modify any vehicle or install any part or accessory on any vehicle while such vehicle is on a residential garage apron or driveway, unless such vehicle is owned by the occupant of the residence to which such garage apron or driveway is associated.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2811. - Joint parking facilities.

Off-street parking facilities for different buildings, structures, or uses may be provided collectively provided the total number of spaces so located together shall not be less than the sum of the separate requirement for each use and provided, further, that the right for the continued use of such parking facilities is established to the satisfaction of the City Attorney.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2812. - Location of parking facilities.

The location of off-street parking and garage spaces in relation to the use served shall be as set forth in this section. All distances set forth in this section shall be the walking distance between such parking spaces and a main entrance to the use served.

(a)

Residential districts. Parking and garage spaces accessory to dwellings shall be located on the same zoning plot as the use served in residential districts. Spaces accessory to uses other than dwellings (such as churches) may be located on a plot adjacent to, or directly across the street or alley from, the plot occupied by the use served but in no event at a distance in excess of 100 feet from such use.

(b)

Commercial and manufacturing districts. All required spaces shall be located on the same zoning plot as the use served in commercial and manufacturing districts. Upon securing a use permit, required parking spaces may be provided up to 400 feet from the use; provided, however, no parking space accessory to a commercial district use shall be located in a residential district, unless approved by the Commission.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2813. - Access to parking facilities.

(a)

All required off-street parking spaces shall be non-tandem except:

(1)

Tandem spaces may be provided for parking that serves the same dwelling unit.

(2)

As provided for accessory dwelling units in Article 4.5 of this chapter.

(b)

All off-street parking spaces for residential uses shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking spaces.

(c)

All off-street parking facilities shall be designed in a manner which will least interfere with traffic movements.

(d)

For multiple-family projects, driveway access from the street to the parking spaces shall be limited to fifty (50) percent of the total lot frontage, but in no event shall such access be greater than fifty (50) feet.

(e)

Residential driveways and access roadways shall provide a permanent, unobstructed passageway constructed to the following standards:

(1)

When any portion of an exterior wall of the first story of a structure is located more than one hundred fifty (150) feet from Fire Department vehicle access, the driveway shall be considered the Fire Department access roadway and shall conform to the applicable provisions of the California Fire Code.

(2)

A driveway serving one (1) dwelling unit shall be a minimum of ten (10′) feet in width. For purposes of this subsection, a site containing an accessory dwelling unit shall be subject to the standards for a driveway serving one (1) dwelling unit.

(3)

Driveways serving two (2) or more units shall be a minimum of ten (10′) feet in width for one-way traffic and twenty (20′) feet in width for two-way traffic.

(4)

Except as otherwise provided in this section, the maximum width for residential driveways shall be twelve (12′) feet for single driveways and twenty (20′) feet for double driveways.

(f)

With the agreement of participating owners, a common driveway may be utilized to provide access to parking facilities on adjacent properties. Such common driveways shall be a minimum width of twenty (20′) feet. Easements for the common use of such driveways shall be recorded in the office of the County Recorder.

(g)

No residential driveway shall be located closer than five (5′) feet from the curb return on corner lots.

(h)

Residential driveways for lots with forty (40′) feet of lot frontage or more shall be designed to provide at least one on-street parking space. For lots with less than forty (40′) feet of lot frontage, driveways shall be designed to provide at least one on-street parking space whenever feasible. Off-street parking in the form of parking bays may be substituted in lieu of such on-street requirements.

(i)

Single-family residential driveways on lots with more than fifty (50′) foot frontages may exceed the maximum driveway width requirement if the purpose of the driveway is to create more off-street parking or conform to the requirement of "swing" type parking, as permitted by applicable provisions of this Code. In no event shall the driveway access exceed more than fifty (50%) percent of the total lot frontage or forty (40′) feet, whichever is less. Driveways shall be designed to provide at least one on-street parking space for each lot.

(j)

The maximum width of any commercial driveway shall be thirty-five (35′) feet at the face of the curb. Where more than one driveway is to serve a given property frontage, the total width of all driveways shall not exceed seventy (70%) percent of the frontage where such frontage is one hundred (100) feet or less. Where the frontage is more than one hundred (100) feet, the total driveway width shall not exceed sixty (60%) percent of the frontage width. No commercial driveway shall be located closer than ten (10′) feet from the curb return on corner lots.

(§ 2, Ord. 497-C.S., eff. February 10, 1988, as amended by § 14, Ord. 825-C.S., eff. November 8, 2017; § 6(Exh. A, § 17), Ord. No. 902-C.S., eff. September 24, 2025)

Sec. 9-4.2814. - Surfacing of parking areas.

All open off-street parking areas shall be surfaced with plant mix asphalt, concrete, or other surfacing so as to provide a durable, dust-free, all-weather surface which shall meet the requirements of all applicable laws and the approval of the City Engineer.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2815. - Screening of parking areas.

All open automobile parking areas for more than ten (10) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residential district by a wall, fence, or denselyplanted, compact hedge not less than three (3′) feet nor more than six (6′) feet in height which shall be maintained in good condition.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2816. - Lighting of parking areas.

Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2817. - Design standards for parking areas.

(a)

All required covered off-street parking spaces shall have a minimum usable area of not less than 171 square feet, exclusive of access drives or aisles, and shall be of usable shape, location, and condition. The minimum dimensions of covered parking spaces shall be nine (9′) feet in width by nineteen (19′) feet in length. The vertical clearance shall be not less than seven (7′) feet over the entire area.

(b)

In any parking area with fifty (50) or less required off-street parking spaces, twenty (20%) percent of the total required spaces may be compact spaces. In any parking area with over fifty (50) required off-street parking spaces, thirty (30%) percent of the total required spaces may be compact spaces. All required covered spaces shall be full size.

(c)

The standards for the design of uncovered off-street parking areas shall be as follows:

ANGLE

• Letters correspond to illustration below

** Individual spaces shall be 14 ft. wide and lined to provide a 9 ft. parking space and a 5 ft. wide and lined to provide a 9 ft. parking space and a 5 ft. loading area. Two spaces shall be 23 ft. wide to provide two 9 ft. wide spaces and one shared 5 ft. loading space.

*** The length of the end stall in a row of parallel spaces may be reduced to twenty (20) feet.

==> picture [436 x 252] intentionally omitted <==

(d)

Wheel stops or other barriers acceptable to the City Engineer shall be provided for all uncovered off-street parking spaces and may be included within the required minimum parking dimensions of such spaces. Wheel stops or other such barriers shall be located to allow a minimum overhang of three (3′) feet.

(e)

Automobiles may overhang plantings in areas where the median between parking stalls is a minimum of six (6′) feet in width and a six (6″) inch curb is provided. The parking space length may be reduced two (2′) feet, and no wheel stop need be provided in such cases. Plantings shall be designed to not be damaged by the overhang of parked automobiles.

(f)

Where posts, columns, or other architectural appenditures, other than wheel stops, are located within parking areas, such posts, columns, or other appenditures shall not be permitted to be calculated within the required minimum parking dimensions of spaces, or driveways serving such spaces, as required by the standards set forth in subsection (c) of this section. Further, such posts, columns, or other appenditures shall not be so located as to obstruct the facilitation of vehicular movement and the parking or the opening of vehicular doors.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2818. - Number of parking spaces required.

(a)

The number of off-street parking spaces required for the uses set forth in this section shall be as follows:

Use

Requirements

(h) Mixed use residential, except as provided in Subsection (b) in the specified zoning district.

(b)

Electric vehicles (EV) charging stations are required as follows:

(1)

New construction or major alteration of commercial or municipal facilities shall include an EV Space with adequate electric vehicle supply equipment in place that is capable of supporting the future installation of a Level 2 or Level 3 electric vehicle charging station or include installation of a Level 2 or Level 3 electric vehicle charging station.

(i)

An EV Space and electric vehicle charging stations shall be incorporated according to the following schedule:

10 percent of total (rounded up the nearest whole number)

201 and over

==> picture [176 x 39] intentionally omitted <==

• Actual parking shall be the number of parking spaces provided for the facility and not the number of parking spaces required per subsections (a) through (h) of this section.

(ii)

Additional EV Spaces or electric vehicle charging stations beyond the requirements of the schedule above are encouraged.

(iii)

Electric vehicle charging station requirements for major alterations shall be proportional to the area of impact.

(2)

An electric vehicle charging station shall be an allowed accessory use within any zoning district subject to all applicable city code requirements in addition to the following:

(i)

The electric vehicle charging station shall be protected as necessary to prevent damage by automobiles.

(ii)

Any electric vehicle charger shall be Listed and Labeled by an Approved testing agency.

(iii)

The electric vehicle charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each electric vehicle charging station.

(3)

An electric vehicle charging station for public use shall be subject to the following requirements:

(i)

The electric vehicle charging station shall be located in a manner that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours.

(ii)

Be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles.

(iii)

One standard non-illuminated sign, not to exceed four (4) square feet in area and ten (10) feet in height, may be posted for the purpose of identifying the location of each cluster of electric vehicle charging stations.

(iv)

The electric vehicle charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.

(4)

The following information shall be posted at a public electric vehicle charging station:

(i)

Voltage and amperage levels.

(ii)

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner.

(iii)

Usage fees.

(iv)

Safety information.

(v)

Contact information for reporting when the equipment is not operating or other problems.

(5)

An electric vehicle charging station for private use shall:

(i)

Be located in a manner that will not allow public access to the charging station.

(ii)

Electric vehicle charging equipment and electric vehicle charger shall be located in reasonably inconspicuous location from public view when not in use.

(6)

Where Accessible parking requirements are applicable, at least one EV space or electric vehicle charging station shall meet current van accessible dimensions, as defined by the California Building Code, and be connected to a barrier-free accessible route of travel to the building. No accessible markings shall be made

on the EV space or electric vehicle charging station with van accessible dimensions. The EV space with van accessible dimensions shall be the first electric vehicle charging station established on the property.

(§ 2, Ord. 497-C.S., eff. February 10, 1988, as amended by § 2, Ord. 823-C.S., eff. October 11, 2017; § 14, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; § 5, Ord. 846-C.S., eff. September 11, 2019; § 4J, Ord. No. 894-C.S., eff. January 10, 2024; Ord. No. 902-C.S., § 6(Exh. A, § 18), eff. September 24, 2025)

Sec. 9-4.2819. - Required loading spaces.

(a)

Off-street loading spaces. The off-street loading spaces required by the provisions of this section shall only be required where there is a public alley or driveway easement or where access can be provided from an adjacent off-street parking area. Where only street access is available, loading spaces shall not be required.

(b)

Number of non mall-type loading spaces required. There shall be provided and maintained in all districts on the same zoning plot with every building, or portion thereof, having a gross floor area of 5,000 square feet or more, which building is to be occupied for the manufacturing, display, storage, or warehousing of goods, for retail sales, or as a hotel, hospital, mortuary, laundry, dry cleaning establishment, or for other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, at least one off-street loading space, plus one additional off-street space for each 20,000 square feet of floor area in the building.

(c)

Number of mall-type loading spaces required. Off-street loading spaces for mall-type commercial or industrial developments shall be provided as required by the Commission; provided, however, in no event shall the requirement be less than one loading space for every building having a gross floor area of 5,000 square feet or more. One additional off-street loading space for each 20,000 square feet of gross floor area in the building may be required.

(d)

Number of unspecified loading spaces required. Loading spaces adequate in number and size shall be provided as required by the Commission for uses not otherwise provided for in this article.

(e)

Location and screening of loading facilities. All loading spaces shall be provided on the same zoning plot as the use served. Loading shall take place on the side or in the rear of the building. No loading or unloading shall be permitted in front of the premises. In districts abutting residential districts, all loading and unloading facilities shall be screened by a six (6′) foot high sight-obscuring fence or hedge.

(f)

Size of loading spaces. Unless otherwise specified, loading spaces shall measure ten (10′) feet in width and twenty-five (25′) feet in length, exclusive of aisles and maneuvering space, and shall have a vertical

clearance of fourteen (14′) feet.

(g)

Surfacing of loading spaces. All open off-street loading spaces shall be surfaced with plant mix asphalt, concrete, or other surfacing so as to provide a durable, dust-free, all-weather surface which shall meet the requirements of all applicable laws and the approval of the City Engineer.

(h)

Use of loading spaces for parking. Spaces allocated to any off-street loading and unloading space, while so allocated, shall not be used to satisfy the space requirements for any off-street parking facility or portion thereof.

(i)

Use of parking spaces for loading. Required loading spaces shall be used for loading purposes. Driveways and required parking spaces shall not be used for loading purposes.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2820. - Beach access parking.

The location, design, and orientation of beach access parking facilities and the number of parking spaces provided therein shall be consistent with applicable sections of the City's Local Coastal Program Land Use Plan and Local Coastal Implementation Plan or, where specific guidelines are not provided, as determined by the Commission.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2821. - Parking for disabled persons.

Parking spaces specifically designed, located, and reserved for vehicles licensed by the State for use by disabled persons shall be provided in all parking facilities (excluding residential uses) according to the following schedule:

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2822. - Bicycle parking.

(a)

Bicycle parking spaces shall be provided equal to ten (10%) percent of the required parking in all developments (excluding residential uses), with a minimum of two (2) spaces required.

(b)

Bicycle parking facilities shall be conveniently located and adjacent to on-site bicycle circulation and pedestrian routes and shall be of the following three (3) types as determined by the Commission or Planning Administrator, as appropriate:

(1)

A rack which secures the frame and both wheels; or

(2)

An enclosed bicycle locker; or

(3)

A fenced, covered, locked, or guarded bicycle storage area.

(c)

The spacing of bicycle units shall be figured on a width of three (3′) feet, height of three and one-half (3½′) feet, and length of six (6′) feet.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2823. - Motorcycle parking.

(a)

Where motorcycle parking spaces are provided for commercial or industrial uses, parking spaces otherwise required pursuant to this article may be omitted in accordance with the following provisions and subject to the following limitations:

(1)

One parking space may be omitted for each two (2) motorcycle parking spaces provided.

(2)

In no instance shall credit for motorcycle parking exceed five (5%) percent of the total required parking spaces.

(b)

Motorcycle parking spaces shall be clearly marked for motorcycle parking only and shall be a minimum of three and one-half (3½′) feet in width and seven (7′) feet in length.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Sec. 9-4.2824. - Exceptions.

(a)

Applications: Issuance. In the event of practical difficulties and unusual hardship, the Commission may grant exceptions to the provisions of this article. Applications for exceptions shall be filed with the Planning Administrator on a form provided by the City. No public hearing need be held thereon, and the findings of the Commission need include only 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.

(b)

Parking assessment districts. The off-street parking requirements set forth in this article may be reduced or eliminated by the Commission or Planning Administrator, as appropriate, for any building or use located in a parking district established by the Council in connection with which land has been acquired for public parking purposes if the Commission finds that the parking needs for the particular structure or use are substantially met by the parking spaces provided in the district.

(§ 2, Ord. 497-C.S., eff. February 10, 1988)

Article 29. - Signs*

• Sections 9-4.2901 through 9-4.2911, codified from Ordinance No. 363, as amended by Ordinance Nos. 396 and 271-C.S., effective February 27, 1980, repealed by Ordinance No. 483-C.S., effective June 10, 1987.

Sec. 9-4.2901. - Purpose.

The City recognizes that signs have an impact on the City's character and, when regulated and controlled, can facilitate clarity, orderliness, an increase in commerce and tax revenues, and aesthetic appeal resulting in a positive impression upon residents and visitors alike.

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.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2902. - Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

Abandoned sign. A sign which no longer directs, advertises, or identifies a legal business establishment, product, or activity on or off the premises where such sign is displayed.

(b)

Animated sign. Any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

(c)

Awning. A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework.

(d)

Banner sign. A temporary sign composed of lightweight material, either enclosed or not enclosed in a rigid frame.

(e)

Billboard. See off-site sign.

(f)

Building face. All window and wall areas of a building in one plane elevation.

(g)

Bulletin board. A board, either freestanding or attached to a wall, on which temporary bulletins or notices are posted.

(h)

Canopy. A permanent, roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way.

(i)

Changeable copy sign. A sign on which copy is changed manually or electrically.

(j)

Commercial. Anything made, done, or operated primarily for profit.

(k)

Construction sign. A temporary on-site sign identifying the persons, firms, or businesses directly connected with a construction project.

(l)

Development project sign. A temporary sign identifying a proposed development project or one under construction.

(m)

Directional sign. An on-premises incidental sign designed to guide or direct pedestrian or vehicular traffic for safety purposes. Examples include "Exit" and "Enter" signs, "No Parking" signs, and the like.

(n)

Exempt sign. A sign exempted from normal permit requirements.

(o)

Externally illuminated sign. A sign whose illumination is derived entirely from an external artificial source.

(p)

Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a non-constant illumination.

(q)

Freestanding sign. A sign erected to a freestanding frame or support mast or pole and not attached to any building.

(r)

Freeway. A highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State.

(s)

Freeway, landscaped. A section of freeway, which section is now, or in the future may be, improved by the planting, at least on one side of the freeway right-of-way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. Plantings for the purpose of soil erosion control, traffic safety requirements, the reduction of fire hazards, or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.

(t)

Frontage, business. The horizontal length of a business facing a public way or containing a public entrance.

(u)

Frontage, street. The horizontal length of a lot or parcel of land along or fronting on a street or streets.

(v)

Ground sign. See freestanding sign.

(w)

Height of sign. Measured from the ground to the top of the sign or supporting structure (if freestanding), whichever is higher.

(x)

Historical marker. A sign erected by a recognized historical society or authorized body.

(y)

Incidental sign. A small sign pertaining to goods, products, services, or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public. Examples include credit card signs, "open" signs, and the like.

(z)

Interior sign. A sign which is located on the interior of a building or structure and is not visible from any public property or any right-of-way open to the public.

(aa)

Internally illuminated sign. A sign which is provided with illumination from behind a transparent or translucent surface.

(ab)

Logo. A symbol, picture, or other graphic representation used by a commercial enterprise to consistently identify itself.

(ac)

Marquee sign. A sign attached to or supported by a canopy.

(ad)

Monument sign. A freestanding sign with a solid base.

(ae)

Moving sign. Any sign or device which has any visible moving part, visible revolving part, visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermittent pulsations.

(af)

Mural. A picture or decoration which is painted on, or otherwise applied directly to, an external wall for commercial purposes.

(ag)

Multi-unit development, commercial. A building or group of buildings comprised of two (2) or more businesses which development is planned, developed, owned, and/or managed as a unit which houses retail stores and/or related services and facilities or industrial uses.

(ah)

Multi-unit development, residential. A building or group of building comprised of two (2) or more dwelling units which development is planned, developed, owned, and/or managed as a unit.

(ai)

Nameplate. A sign which designates the name and/or address of a person, or persons, occupying a commercial premises.

(aj)

Nonconforming sign. A sign lawfully erected and legally existing on June 10, 1987, but which does not conform to the provisions of this article.

(ak)

Off-site sign. Also known as off-premises, billboard, and poster panels, a sign which advertises goods, products, services, or facilities not sold or located on the premises on which the sign is located.

(al)

Parapet or parapet wall. That portion of a building wall which rises above the roof.

(am)

Planning Administrator. The person charged with the administration and enforcement of appropriate provisions of this article. As used in this article, "Planning Administrator" shall mean the Planning Administrator or the Planning Administrator's designee.

(an)

Political sign. A sign which is designed to influence the action of voters to vote for or against any candidate, group of candidates, or measure in any national, State, County, district, or municipal election.

(ao)

Portable sign. A sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.

(ap)

Projecting sign. A sign which is attached to, and projects from, the structure or building face and is not parallel to the structure to which it is attached.

(aq)

Public notice. A notice posted by a public officer in the performance of a duty or by any person for the purpose of giving legal notice, and a warning or informational sign required or authorized by government regulations.

(ar)

Public service information sign. A sign intended primarily to promote items of general interest to the community.

(as)

Real estate sign. A temporary sign pertaining to the sale, exchange, lease, or rental of land or buildings.

(at)

Roof line. The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

(au)

Roof sign. Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building.

(av)

Sign. Any object, structure, symbol, display, banner, streamer, or other thing, with or without lettering, which is intended to, or does, identify or attract attention to any privately or publicly owned property or premises or is intended to inform the public of sales, rentals, leases, or other activities.

(aw)

Sign area. The space enclosed by the border or outer dimensions of the sign.

(ax)

Sniping. Affixing of advertising to a building, structure, or other surface without the consent of the owner or other responsible person authorized with control of the premises, excluding any posting by an authorized public officer or employee, or the giving of a notice required or authorized by law.

(ay)

Special events sign. A temporary sign advertising or pertaining to any special event of general public interest taking place.

(az)

Suspended sign. A sign which is suspended under an awning, canopy, porch, walkway covering, or similar covering structure.

(ba)

Temporary sign. A sign attached, applied, or suspended parallel to the interior of a window for a limited time, with the primary intention of being viewed from outside such window. Merchandise offered for sale shall not be considered a temporary sign.

(bb)

Vehicle display sign. Any sign affixed to a vehicle or trailer on a public right-of-way or public property unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting people to a place of business.

(bc)

Wall sign. A sign which is attached to or erected against the wall of a structure and is affixed in such a way that the exposed face of the sign is parallel to the wall to which it is attached.

(bd)

Window sign. A permanent sign attached, applied, or suspended parallel to a window with the primary intention of being viewed from outside such window. Merchandise offered for sale shall not be considered a window sign.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2903. - Prohibited signs.

Unless otherwise provided by this article, the following signs shall be expressly prohibited:

(a)

No person, except a duly authorized public officer or employee, shall erect, construct, maintain, paste, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, poster, sign advertisement, or notice of any kind, or cause or suffer the same to be done, on any curbstone, lamp post, pole, bench, hydrant, bridge, wall, tree, sidewalk, or structure in, upon, or across any public street, alley, place, or property, except as may be required or permitted by ordinance or law;

(b)

Signs, advertising structures, or merchandise displays placed upon or attached to the ground on any portion of the public street, sidewalk, right-of-way, except as permitted by Chapter 2 of Title 7 of this Code;

(c)

Snipe signs or sniping;

(d)

Animated, moving, or flashing signs;

(e)

Vehicle display signs;

(f)

Banners, pennants, searchlights, twirling signs, balloons, or other inflatable figures displayed for commercial purposes. Such signs may be permitted at the opening of a new business or for special events with prior approval of the Planning Administrator only for a total period not exceeding thirty (30) days. Banners across Highway 1 may be permitted as set forth in Administrative Policy No. 40;

(g)

Signs emitting audible sounds, odors, or visible matter;

(h)

Sandwich boards, A-frames, or portable or wheeled signs, unless used for real estate purposes;

(i)

Any sign which utilizes visible guy wires, angle irons, and iron frame structures, unless construction is otherwise impossible;

(j)

Roof signs;

(k)

Off-site signs, excluding real estate A-frames, and also excluding subdivision signs and other signs permitted by State law; and

(l)

Signs which have a design or lighting such that they might be mistaken for a traffic light or signal or are located so as to obstruct the view of, or conflict with, vehicular or pedestrian travel or with any traffic sign, signal, or traffic control device.

(§ 1, Ord. 483-C.S. eff. June 10, 1987; Ord. No. 769-C.S., § 5, eff. December 23, 2009)

Sec. 9-4.2904. - Exempted signs.

Except as otherwise indicated, the following signs shall be exempt from the permit requirements of this article:

(a)

Automotive service station gasoline price signs shall require the approval of the Planning Administrator. The number and size of signs shall not exceed the minimum standards as set forth by the Department of Weights and Measures of the State;

(b)

Barber poles shall require the approval of the Planning Administrator;

(c)

Bulletin boards shall not exceed sixteen (16) square feet and shall require the approval of the Planning Administrator;

(d)

Construction signs shall be removed when the final occupancy permit is granted. The size shall not exceed thirty-two (32) square feet and shall be limited to one per site;

(e)

Development project signs shall require the approval of the Planning Administrator and shall be located on the subject property. The size shall not exceed thirty-two (32) square feet;

(f)

On-site directional signs shall require the approval of the Planning Administrator and shall be limited to four (4) square feet. Free-standing on-site directional signs shall be limited to four (4′) feet high. On-site directional signs attached to a wall shall be located no higher than (8′) feet above the ground level;

(g)

Incidental signs. The area of all such signs shall not exceed five (5) square feet per entrance;

(h)

Interior signs;

(i)

Historical markers shall require the approval of the Planning Administrator;

(j)

Holiday decorations commonly associated with any national, local, or religious holiday provided such decorations be displayed for a period of no more than forty-five (45) consecutive days or no more than ninety (90) days in one year;

(k)

Nameplates shall not exceed one square foot;

(l)

National or State flags shall not be illuminated, and flagpoles shall not exceed thirty-five (35′) feet, limited to two (2) flagpoles per site;

(m)

Political signs, see subsection (k) of Section 9-4.2906 of this article;

(n)

Public notices;

(o)

Public service information signs shall require the approval of the Planning Administrator;

(p)

Real estate signs shall be limited to one sign per property or business and shall not exceed six (6) square feet. Real estate signs shall be placed on the offered property and shall be removed within thirty (30) days after the sale, rental, or lease of the subject property. A-frames used for real estate purposes shall be allowed in addition to the limitations set forth in this subsection. Such signs shall be allowed off the site

provided they are removed by sundown each day and are limited to the minimum number necessary for directional purposes. A-frames shall not be used to identify or advertise real estate offices or businesses;

(q)

Temporary signs, see subsection (f) of Section 9-4.2906 of this article;

(r)

Special events signs, see subsection (f) of Section 9-4.2903 of this article; and

(s)

Signs erected by a public agency, including, but not limited to, street signs, traffic signs, directional signs, and warning signs.

(t)

Short-Term Rental signs required pursuant to, and in compliance with, Section 9-4.4905(f) "Operation Requirements" are exempt from the permit requirements and provisions of this Article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987; § 3, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.2905. - Sign permits required.

(a)

Unless otherwise provided in this article, no sign shall be erected, relocated, constructed, or altered within the City until a sign permit for the sign has been issued by the Planning Administrator.

(b)

Except as otherwise provided in this article, no permit shall be required for the erection of the signs listed in Section 9-4.2904 of this article.

(c)

An application for a sign permit shall be filed for approval with the Planning Administrator. The application shall be on a form provided by the City and shall require the applicant to submit a plan showing the location, size, shape, color, materials, copy, and type of illumination for each proposed sign and any other information as deemed necessary by the Planning Administrator. Each application shall be accompanied by a nonrefundable fee, the amount of which shall be as determined by the Council.

(d)

A sign permit shall not be issued by the Planning Administrator unless the proposed sign complies with the provisions of this article and, where required by this article, authorization for such issuance has been granted by the Commission.

(e)

Notwithstanding any other provision of this article, any sign which, in the opinion of the Planning Administrator, is proposed in a sensitive location or features a potentially controversial design may be referred to the Commission at the discretion of the Planning Administrator.

(f)

Upon the approval of a sign permit, the Planning Administrator may impose any condition deemed necessary to ensure that each proposed sign complies with the specific criteria and intent of this article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2906. - Standards and requirements.

(a)

General.

(1)

All signs shall be subject to the applicable provisions of the Uniform Building Code as adopted and amended by the City.

(2)

Except as otherwise provided in this section, signs listed in Section 9-4.2904 of this article shall be exempt from the limitations for total sign area.

(3)

Except as otherwise provided in this section, the total permitted sign area for any building shall not exceed seventy-five hundredths (.75 or ¾) square foot of signage per one foot of lineal street frontage, except that an additional five-tenths (.5 or ½) square foot of permanent window sign area per one foot of lineal street frontage shall be permitted.

(4)

For a building with more than one street frontage, additional sign area may be permitted according to the formula set forth in subsection (3) of this subsection. Permitted sign area may not be transferred between frontages and shall be used only on the frontage which generates the permitted sign area, unless an exception is granted by the Commission as provided in Section 9-4.2913 of this article.

(5)

There shall be no limit to the number of signs allowed provided the size limitation set forth in subsection (3) of this subsection is not exceeded; however, there shall be no more than one freestanding sign for each premises.

(6)

An individual sign which exceeds 150 square feet shall require the review and approval of the Commission.

(7)

All signs shall be maintained in good repair. Where necessary, the repainting, repair, or replacement of defective parts to maintain a sign in its original, permitted condition shall not require additional permits or approvals.

(b)

Freestanding signs. Applications for sign permits to erect freestanding signs shall require approval by the Commission. The Commission may approve the application and authorize the Planning Administrator to issue a sign permit only when the Commission makes the following findings:

(1)

A freestanding sign is necessary for the business or businesses located on the premises to achieve a reasonable degree of identification; and

(2)

The sign is consistent with the intent and provisions of this article; and

(3)

The sign does not exceed the square footage set forth in subsection (3) of subsection (a) of this section; and

(4)

The sign does not exceed a height of twenty (20′) feet above the sidewalk or paved area over which it is erected.

(c)

Window signs. Window signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section; however, in no case shall window signs cover more than twenty-five (25%) percent of the total area of all glazed vertical surfaces of a business.

(d)

Wall signs. Wall signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section; however, in no case shall wall signs exceed ten (10%) percent of the building face to which the signs are attached.

(e)

Projecting signs.

(1)

Projecting signs shall be placed a minimum of eight (8′) feet above the ground level and shall not be located above the roof line of the building of which they are attached.

(2)

Projecting signs shall not project into or over a public right-of-way.

(3)

Projecting signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(f)

Temporary signs. A business may install and maintain temporary signs for the purpose of advertising a bona fide special sale or promotion the premises, subject to the following conditions:

(1)

Temporary signs shall be permitted on the interior side of a window only and shall not be permitted on the walls, posts, roofs, awnings, or any other exterior portion of a structure or building, except that temporary signs may be painted on the exterior side of a window.

(2)

No more than twenty-five (25%) percent of the total area of all glazed vertical surfaces of a business may be covered by temporary signs.

(3)

Temporary signs shall be removed within thirty (30) days after the date of their installation.

(4)

Temporary on-site and off-site signs pertaining to an activity or event of a public, nonprofit, charitable, or religious organization shall be allowed subject to the following conditions:

(i)

A sign permit from the Planning Administrator shall be required.

(ii)

Such signs may be located at a maximum of five (5) sites and shall be limited to one sign per site.

(iii)

Each sign shall be limited to a maximum size of thirty-two (32) square feet.

(iv)

The signs shall not be erected more than fifteen (15) days prior to the subject activity or event and shall be removed within forty-eight (48) hours after the activity or event.

(v)

The applicant shall submit a written statement of permission from the owner of the property upon which a temporary off-site sign is to be located.

(5)

Temporary garage sale and rummage sale signs shall be subject to the provisions of subsection (c) of Section 5-15.02 of Chapter 15 of Title 5 of this Code.

(g)

Murals. Applications for sign permits to erect murals shall require approval by the Commission. Murals shall not be subject to the size limitation of subsection (3) of subsection (a) of this section but shall be subject to the following conditions:

(1)

Murals shall be subject to the design criteria contained in the City's adopted Design Guidelines.

(2)

Any lettering or wording contained within or included as a part of a mural shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(h)

Awnings or canopy signs. Signs on awnings or canopies shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(i)

Suspended signs.

(1)

Suspended signs shall be subject to the size limitation of subsection (3) of subsection (a) of this section.

(2)

Such signs shall be located so as to provide clear and safe access to pedestrians who may pass under or near such signs.

(j)

Home occupation signs. Home occupation signs shall be subject to the provisions of Section 9-4.3111 of Article 31 of this chapter.

(k)

Political signs. Political signs shall be subject to the following conditions:

(1)

No political sign shall be placed or erected upon the property of another without first obtaining consent to do so from the owner or tenant of such property.

(2)

No political sign shall be posted in such a manner that it will obstruct the view of, or conflict with, vehicular or pedestrian travel or with any traffic sign, signal, or traffic control device.

(3)

No political sign shall be erected earlier than sixty (60) days prior to the election to which it relates.

(4)

The maximum size of political signs shall be thirty-two (32) square feet per face for any one sign.

(5)

Any political campaign committee or candidate who utilizes political signs shall register with the Building Official the name of a person within the political committee, or of the candidate, who shall be responsible for the political signs erected on behalf of, and by such committee or candidate, their placement, and their maintenance within the City. Such responsible person shall complete a registration form provided by the Building Official stating his name and address and agreeing to become responsible for such political signs.

(6)

All political signs shall be removed no later than the tenth (10th) day after the election to which they pertain. Political signs posted on behalf of candidates who have been successful in primary elections shall not remain posted for general election purposes, unless the general election is to be held not less than 100 days after the date of the primary election.

(7)

The removal of political signs no later than ten (10) days after the election, or when not posted in accordance with the provisions this section, shall be the responsibility of the responsible persons designated pursuant to subsection (5) of this subsection, the person who owns or placed the sign, and the owner of the property upon which such sign is posted.

(8)

A political sign not posted in accordance with the provisions of this article shall be deemed a public nuisance and may be removed by the Building Official or authorized representative and stored by the City.

(9)

If such sign is not retrieved within ten (10) days after the date of such removal, the sign shall be considered as abandoned and be disposed of by the Building Official.

(10)

Prior to the removal of a sign for nonconformity with this article; the Building Official shall give written notice to remove such sign to the property owner and responsible party, or persons who owned or placed the sign, at least five (5) days prior to its removal by the City.

(11)

If such sign has not been removed or brought into conformity within the provisions of this article within such period of time, the Building Official or authorized representative may remove such sign. The property owner, responsible party, and person who owned or placed the sign shall be responsible for the City's actual costs of removal, storage, and disposal.

(12)

The Building Official or authorized representative may summarily remove any political sign, regardless of where posted, which is an imminent peril to persons or property.

(13)

The provisions of this section shall not apply to political signs posted inside a building although visible from the exterior.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2907. - Master sign programs.

(a)

A multi-unit development, as defined in Section 9-4.2902 of this article, shall be required to have an approved master sign program. In the case of a commercial multi-unit development which has lawfully existing signs on June 10, 1987, a master sign program shall not be required unless and until one or more of the signs in the development falls under the criteria set forth in subsection (b) of Section 9-4.2911 of this article. In such a case, the owner or other persons in charge of the subject development shall present a master sign program for approval. Each sign in the development which thereafter falls under the criteria set forth in subsection (b) of Section 9-4.2911 of this article shall be brought into compliance with the approved master sign program.

(b)

Applications for master sign program approval shall be filed as set forth in Section 9-4.2905 of this article. Such applications shall include the required information for each sign in the development. The Planning Administrator, or designee, at their discretion, may approve a master sign program if consistent with the provisions of this article. However, master sign programs approved by the Commission may not be changed without prior Commission approval.

(c)

In addition to the design criteria contained in Section 9-4.2910 of this article, each sign in the master sign program shall be compatible in character and in quality of design with other signs in the program.

(d)

No more than one freestanding sign shall be allowed for each multi-unit development, unless the Commission finds that more than one freestanding sign is necessary for reasonable identification.

(e)

A freestanding sign or signs within a multi-unit development shall be subject to the provisions of subsection (b) of Section 9-4.2906 of this article, except that additional sign area shall be allowed as provided in subsection (f) of this section.

(f)

In addition to a freestanding sign or signs, a commercial multi-unit development shall be allowed one sign for each business provided the sign area for each business shall not exceed seventy-five hundredths (.75 or ¾) square foot of signage per one foot of business frontage, and five-tenths (.5 or ½) square foot of permanent window sign area per one foot of lineal business frontage.

(§ 1, Ord. 483-C.S., eff. June 10, 1987, as amended by § IX (A), Ord. 613-C.S., eff. April 13, 1994)

Sec. 9-4.2908. - Area of signs.

(a)

The area of a sign shall be calculated to include all lettering, wording, and accompanying designs or symbols, together with any background material, surface, or color.

(b)

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters or symbols.

(c)

In the case of double-faced or multi-faced signs, the advertising surface of each face shall be used in determining the sign area.

(d)

The structure supporting a sign shall not be included in determining sign area, unless the structure is designed in a way as to form part of the display or an integral background for the display.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2909. - Sign copy.

(a)

Except as provided elsewhere in this article, commercial sign copy shall be limited to the name, address, telephone number, and hours of operation of the business and the name of the principal goods sold, services provided, or activity conducted. This subsection shall not apply to changeable copy signs.

(b)

Sign copy may include a logo only when such logo is representative of the name of the business which the sign identifies or is that of a product or service which is a principal product sold or principal service conducted on the premises.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2910. - Design criteria.

(a)

In addition to the other provisions of this article, signs requiring a sign permit shall be subject to the design criteria for signs contained in the City's adopted Design Guidelines.

(b)

A sign permit shall not be issued by the Planning Administrator unless the subject sign is found to be consistent with the applicable design criteria contained in the City's adopted Design Guidelines.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2911. - Nonconforming signs.

(a)

Any sign lawfully existing on June 10, 1987, or on the effective date of amendments to this article, which sign does not conform to the standards of this article shall be deemed a legal nonconforming sign and may be continued, except as provided in subsection (b) of this section.

(b)

A legal nonconforming sign shall be removed or brought into conformance with the provisions of this article within forty-five (45) days after the date of written notice if such sign meets any of the following criteria:

(1)

The sign's use has ceased, or the structure upon which the sign has been erected or which the sign identifies has been abandoned by its owner, for a period of ninety (90) days or more;

(2)

The sign has been more than fifty (50%) percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within sixty (60) days after the date of its destruction;

(3)

The sign is remodeled or otherwise altered, and such remodeling or alteration is other than solely a change in sign copy;

(4)

The sign is affected by expansion, enlargement, or remodeling of the building or land use upon which the sign is located;

(5)

The sign is relocated;

(6)

The sign is temporary;

(7)

The sign is or may become a danger to the public or is unsafe;

(8)

The sign constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the City or State.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2912. - Enforcement.

(a)

It shall be the responsibility of the owner of real property and/or every other person in possession or control of such property, or the signs posted thereon, to erect and maintain signs on such property in strict compliance with this article.

(b)

Whenever a sign is found to be in violation of any provision of this article, or any other ordinance or law, the Planning Administrator shall order in writing that such sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. For permanent signs, a registered letter shall be sent, and any work to be done shall be completed within fifteen (15) calendar days after the date of such letter, unless extenuating circumstances warrant additional time, in which case the Planning Administrator

may specify additional time for the completion of the required work. For temporary signs, any work to be done shall be completed within five (5) calendar days after the date of the written order, unless otherwise specified by the Planning Administrator.

(c)

In the event a sign is not altered, repaired, reconstructed, demolished, or removed as so ordered by the Planning Administrator within the specified time frame, the owner or other person in possession or control of the real property upon which the sign is erected, and any person other than the owner who is in possession or control of the sign, shall be subject to a penalty or penalties as set forth in this section.

(d)

If the owner or other person in possession or control of the real property upon which such sign is erected fails to comply with the provisions of this article within the time frame specified by the Planning Administrator, the Building Official or authorized representative may cause such sign to be removed.

(e)

The owner or any other person responsible for any such illegal posting shall be liable for the actual costs incurred by the City in the removal, storage, and disposal thereof, and the Building Official or designated representative is authorized to collect such cost. With the exception of paper handbills, removed signs shall be stored by the City and the owner thereof, if known, notified of the removal. If such sign is not claimed within ten (10) calendar days after removal, the sign may be considered abandoned and disposed of by the Building Official.

(f)

Any sign or handbill found posted or otherwise affixed upon any public property contrary to the provisions of this article may be removed by the Building Official or authorized representative without prior notice according to the provisions of subsection (d) of this section. The person responsible for such illegal posting shall likewise be responsible for costs as set forth in subsection (e) of this section.

(g)

Any person, whether principal, agent, employee, or otherwise, violating the provisions of this article shall be guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Section 1-2.01 of Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2913. - Exceptions.

The Commission, after a public hearing thereon, may grant an exception to the strict provisions of this article only when the Commission makes all of the following findings:

(a)

There are exceptional or extraordinary circumstances applicable to the property, building, or sign involved which do not apply generally to other property, buildings, or signs in the vicinity. Such circumstances may include the shape, size, location, or surroundings of the subject property or buildings or the type or design of sign involved;

(b)

That, owing to such exceptional or extraordinary circumstances, the literal enforcement of the specified provisions of this article would result in practical difficulty or unnecessary hardship not created by, or attributable to, the applicant or owner of the property;

(c)

The granting of such exception will not constitute a grant of special privilege inconsistent with the limitations imposed on other properties or buildings in the vicinity;

(d)

The granting of such exception will not be materially detrimental to the public welfare or materially injurious to property or improvements in the vicinity; and

(e)

The granting of such exception will not be inconsistent with the general purpose or intent of this article.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2914. - Hearings: Notices.

The Commission shall hold a public hearing on each application for a sign permit requiring Commission approval, and notice of such hearing shall be given as set forth in Section 9-4.3302 of Article 33 of this chapter.

(§ 1, Ord. 483-C.S., eff. June 10, 1987)

Sec. 9-4.2915. - Appeals.

(a)

In the event an applicant or any aggrieved person is not satisfied with the action of the Planning Administrator on the application for a sign permit, he may appeal to the Commission. Such appeal shall be governed by the procedures set forth in subsection (b) of Section 9-4.3804 of Article 38 of this chapter.

(b)

In the event an applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a sign permit, he may appeal to the Council. Such appeal shall be governed by the procedures set forth in Section 9-4.3208 of Article 32 and accompanied by a fee as set forth in Section 9- 4.3602 of Article 36 of this chapter.

(§ 1, Ord. 483-C.S., eff. June 10, 1987, as amended by § 5, Ord. 630-C.S., eff. August 24, 1995)

Article 30. - Nonconforming Lots, Structures, and Uses*

• Article 30, consisting of Sections 9-4.3001 through 9-4.3007, codified from Ordinance No. 363, amended in its entirety by Ordinance No. 184-C.S., effective November 11, 1976. Article 30 entitled "Nonconforming Buildings and Uses", consisting of Sections 9-4.3001 and 9-4.3002, as added by said Ordinance No. 184-C.S., as amended by Ordinance No. 207-C.S., effective July 13, 1977, repealed by Section I, Ordinance No. 351-C.S., effective November 10, 1982.

Sec. 9-4.3001. - Intent and applicability.

(a)

Intent. The purpose of this article is to provide for lots, uses, buildings, and structures which are, or become, nonconforming with the standards of this Code, to specify the conditions under which nonconformities may continue, and to regulate the expansion of nonconformities.

(b)

Applicability. The provisions of this article shall apply to all lots, uses, and structures which do not meet the standards of the current zoning regulations and, as such, are nonconforming. The lawful use of a building, structure, or land refers to any use conforming to the zoning ordinance under which it was commenced.

(c)

Buildings and uses in violation of other zoning laws. The provisions of this article shall not be applicable to any use, building, or structure established in violation of any zoning law previously in effect, whether in the City, County, or other governmental agency having the jurisdiction to enact and enforce zoning laws.

(§ II, Ord. 351-C.S., eff. November 10, 1982)

The lawful use of a building or of land which existed at the time of the adoption of this chapter or any amendment thereto, although such use does not conform to the regulations specified for the district in which the use is located, may be continued subject to the following provisions:

(a)

Nonconforming lots. All lots which do not meet the minimum lot area or dimensional standards of the district in which they are located are hereby deemed nonconforming lots. Undeveloped, nonconforming lots may be considered legal building sites and have a structure or building erected upon them provided any new structure or building meets all applicable development standards, except that mergers of lots or parcels which come into common ownership on or after July 1, 1984, shall be accomplished pursuant to the merger procedures set forth in Article 12 of Chapter 1 of Title 10 of the Code. In addition, all regular building sites which contain three thousand nine hundred ninety-nine (3,999) square feet or less and are located in any residential district shall be used solely for one single-family residence, and may also include an accessory dwelling unit. Any structure for which a building permit is required and which is to be constructed on a nonconforming building site as described in this section shall require a site development permit, except an accessory dwelling unit or junior accessory dwelling unit which is constructed in accordance with all standards of Article 4.5 of this chapter, which shall be governed by the standards of Article 4.5 of this chapter, and except a new structure or modification to an existing structure other than an accessory dwelling unit or junior accessory dwelling unit, located in the R-1, Single-Family Residential District that meets the development standards for lot coverage and landscaping and additional standards listed below:

(1)

For uphill lots with an average cross slope of less than twenty (20%) percent, the following standards shall apply:

(i)

The maximum floor area to lot area ratio (FAR) shall be fifty (50%) percent.

(ii)

Maximum building height, measured as the maximum vertical distance between the lowest point on the site covered by any portion of a building to the topmost point of the roof, shall be twenty-five (25′) feet.

==> picture [219 x 121] intentionally omitted <==

(iii)

Minimum front and garage setback shall be twenty (20′) feet.

(iv)

Minimum setback to upper floor livable area shall be twenty-six (26′) feet from the front property line.

(v)

Minimum rear setback shall be twenty (20′) feet from the rear property line.

(vi)

Minimum side setbacks shall be ten (10%) percent of the lot width but in no case less than three (3′) feet from the side property line.

(vii)

Bay windows, and projections including floor area, may encroach into required upper floor front setbacks provided the horizontal area of the feature does not exceed fifty (50%) percent of the setback depth nor exceed fifty (50%) percent of the building width.

(2)

For uphill lots with an average cross slope of twenty (20%) percent or greater, the following standards shall apply:

(i)

The maximum floor area to lot area ratio (FAR) shall be fifty-five (55%) percent.

(ii)

Maximum building height, measured as a plane parallel to the site's natural grade shall not exceed twenty (20′) feet. Natural grade shall be measured from the intersection of building walls and the natural grade.

==> picture [202 x 121] intentionally omitted <==

(iii)

Minimum front and garage setback shall be twenty (20′) feet from the front property line.

(iv)

Minimum second floor setback to livable area shall be twenty-six (26′) feet from the front property line.

(v)

Minimum third-floor setback to livable area shall be forty-five (45′) feet from the front property line.

(vi)

Minimum rear setback shall be twenty (20′) feet from the rear property line.

(vii)

Minimum side setbacks shall be ten (10%) percent of the lot width but in no case less than three (3′) feet from the side property line.

(viii)

Bay windows, and projections including floor area, may encroach into required upper floor front setbacks provided the depth and horizontal area of the feature does not exceed fifty (50%) percent of the setback depth nor exceed fifty (50%) percent of the building width.

(3)

Parking, for lots with frontage widths less than thirty (30′) feet, shall be designed as follows:

(i)

One garage space shall be provided and one additional space shall be provided within a carport.

(ii)

Maximum curb cut shall be fourteen (14′) feet.

(iii)

Maximum garage area shall be 300 square feet.

(iv)

If the improved street width is less than twenty-eight (28′) feet, one parking turnout shall be provided.

(4)

Parking, for lots with frontage widths thirty (30′) feet or greater, shall be designed as follows:

(i)

Two garage spaces shall be provided.

(ii)

Maximum curb cut shall be fourteen (14′) feet.

(iii)

Maximum garage area shall be 465 square feet.

(iv)

Maximum internal garage width shall not exceed eighteen (18′) feet.

(5)

Downslope lots shall be subject to all standards set forth for upslope lots except as follows:

(i)

Garage height shall not exceed fifteen (15′) feet measured from the intersection of the natural grade and the front property line.

==> picture [210 x 121] intentionally omitted <==

(ii)

Second- and third-floor setbacks need not apply; however, side and rear setbacks shall be the same as those for upslope lots.

(6)

One, fifteen (15) gallon, drought-resistant tree shall be planted within the property's front setback.

(7)

On nonconforming lots on which a building presently exists, such building may be increased or altered; provided, that:

(i)

If a site development permit was previously approved by the Planning Commission, any significant alterations or modifications, excluding greenhouses, decks and minor exterior alterations, shall be approved by the Planning Commission.

(ii)

If no site development permit was previously approved, all required development standards must be met. For homes in R-1, Single-Family Residential Districts these standards shall include those described in subsections (a) (1) through (6) of this section. In all zones, except R-1, Single-Family Residential Districts, the addition or alteration may in no way result in a greater degree of nonconformity to the lot as determined in the plan-check process, and, if the lot has an area of 3,999 square feet or less, a site development permit shall be required if an expansion of floor area, excluding the garage, of twenty-five (25%) percent or more, or a third-story addition is requested.

(b)

Nonconforming uses. All uses which are not listed as permitted in the district in which such use is being conducted, and all uses which, if presently initiated, would require a use permit but which do not have a use permit in force, shall be deemed nonconforming uses. Such uses shall be deemed lawful nonconforming uses if they comply with all the laws in existence at the time the use commenced.

The following provisions shall apply to nonconforming uses of land, nonconforming uses of conforming buildings, and nonconforming uses of nonconforming buildings, except that the use of buildings which do not meet the safety standards of the Building Code shall be regulated by subsection (1) of subsection (c) of this section:

(1)

No nonconforming use shall be expanded or moved in whole or in part to any portion of the lot or parcel or to another building on the lot other than that occupied by such use at the time of the adoption of this chapter; nor may a nonconforming use be extended to occupy a greater area within any building than the area currently occupied, except as otherwise permitted with an approved use permit pursuant to subsection (5) of this subsection (b).

(2)

No nonconforming use may be changed to a different nonconforming use, except as otherwise provided in this section. However, nonconforming uses may be changed to a use of a similar or more conforming nature provided a use permit is obtained.

(3)

If a nonconforming use is discontinued for a period of twelve (12) months, such nonconforming use shall not be reestablished. However, if the cessation of the use is caused by circumstances over which the owner has no fault or control, the time limits of this section may be extended by the Commission. Applications for such extensions shall be made in writing before the expiration of the twelve (12) month period. The subsequent use of buildings shall conform with the zoning regulations and General Plan designations for the district in which such use is located.

(4)

Lawful nonconforming uses may be continued. Neither a General Plan nor a zoning amendment shall be required for the continuance of the nonconforming use if such use is sold or the lease transferred.

(5)

Uses which are or become lawful and nonconforming following the date of the adoption of the zoning district maps of this chapter may be deemed conforming by the Commission or Council pursuant to this subsection and the issuance of a conditional use permit and site development permit, coastal permit, or both. Written applications for conforming use status may be made with the Commission in accordance with the provisions of this chapter.

(i)

In order to approve any application for conforming use status, the Commission shall adopt findings as required for the applicable permits; provided, however, the Commission shall deny any such application unless each of the following specific findings can be made:

(aa)

Adequate parking facilities are, or will be, provided pursuant to the provisions of this Code; except that where inadequate on-site parking exists, and, in the opinion of the Commission, the parking requirements cannot be fully achieved, the Commission finds that:

(1.1)

Such parking as will be provided for uses in the Coastal Zone will not conflict with Local Coastal Land Use Plan policies regarding the maintenance of, and provision for, access to coastal resources by visitors to the surrounding area; and

(1.2)

Such parking will not impair the viability of adjacent business or have an adverse effect on residential areas in the vicinity of any proposed conforming use;

(ab)

The subject proposed conforming use does not or will not adversely affect traffic on surrounding streets to a greater extent than would uses allowed in the district and on the site on which the use is located, taking into account existing and potential surrounding land uses and traffic circulation patterns;

(ac)

The subject proposed conforming use is or will be conducted, improved, expanded, or modified in a manner which encourages the development, improvement, and continued maintenance of adjacent properties in the neighborhood, including consideration of factors which may have an effect on visitorserving commercial uses in the Coastal Zone;

(ad)

The building within which such use is located conforms or will be improved in accordance with the applicable regulations of the Uniform Building Code or the Commission finds that additional improvement is not feasible or necessary based on the circumstances of the application;

(ae)

The proposed subject conforming use is located in a building which is nonconforming by virtue of its inconsistency with zoning district coverage or other development regulations of the district within which the use is located, and the Commission finds that either:

(1.1)

Such nonconformity will be corrected through improvements to the site which, in the opinion of the Commission, approximate standards of the district within which the nonconforming use is located to the

maximum extent possible given the circumstances of the particular case; or

(1.2)

Correction of such nonconformity is not feasible due to circumstances applicable to the subject property involving size, shape, topography, location, or surroundings; however, continuance of the nonconformity will not be detrimental to the development potential or viability of adjacent businesses or residential areas based on factors including, but not limited to, appearance, noise, hours of operation, odors, fumes, amount and type of traffic generation, and the like; and

(af)

The applicant has satisfactorily demonstrated that improvements either proposed or required by the Commission will be accomplished in a diligent and timely manner.

(ii)

The Commission may approve, deny, or conditionally approve any request for conforming use status. The Commission may impose such conditions as it deems necessary to secure the purpose of this subsection and may impose such requirements and conditions with respect to location, construction, maintenance and operation, site planning, and traffic control as the Commission deems necessary for the protection of adjacent properties, the public interest, and the implementation of the General Plan and Coastal Land Use Plan. The Commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

(iii)

The findings and determinations made by the Commission in accordance with the provisions of this subsection shall be based on and bear a reasoned relation to substantial evidence contained in the record and submitted by the applicant as part of the application for conforming use status, including, but not limited to, plans, maps, studies, testimony, or any other information the Commission deems necessary to make the determination required by this subsection.

(iv)

Decisions of the Commission for any request for conforming use status may be appealed to the Council within ten (10) days after the date of any Commission action.

(v)

The provisions of this section shall not be construed to limit the City's ability to require compliance with other provisions of this article, including the treatment of:

(aa)

Nonconforming uses which existed on November 10, 1982, and which are not, or have not been determined to be, consistent with the provisions of this section;

(ab)

Nonconforming lots;

(ac)

Nonconforming uses of nonconforming structures;

(ad)

Nonconforming structures which existed on November 10, 1982, and which are not, or have not been determined to be, consistent with the provisions of this section; and

(ae)

Nonconforming uses which have been given conforming use status where:

(1.1)

The conditions of such Commission or Council action have not been fulfilled; or

(1.2)

Where assurances made by an applicant have not been implemented in accordance with such action.

(vi)

The effect of failure by an applicant to implement or maintain any part of an application approved pursuant to this section shall cause conferred conforming use status to be removed in the manner set forth in the City's revocation procedures.

(c)

Nonconforming buildings and structures.

(1)

Nonconforming uses of nonconforming buildings. Buildings which do not meet the safety standards of the Building and Mechanical Codes shall be deemed nonconforming buildings, and the following provisions shall apply:

(i)

The lawful nonconforming use of a nonconforming building may be continued, although the building does not conform to the regulations set forth in this chapter, unless the use is found by the Building Official to be hazardous based on life and fire risk, as defined in the appropriate section of the latest edition of the Uniform Building Code.

(ii)

The lawful nonconforming use of a nonconforming building may be changed to a use of the same or more restrictive nature provided a use permit shall be first obtained for each such use and that the use is found

by the Commission, based on testimony by the Building Official, to be no more hazardous than that use which exists based on life and fire risk, as defined in the appropriate section of the Uniform Building Code.

(iii)

The lawful nonconforming use of a portion of a nonconforming building may not be extended throughout the building; provided, however, the use may be expanded with an approved use permit as provided in subsection (5) of subsection (b) of this section and provided the expansion of the use is found by the Commission to be no more hazardous than that use which exists based on life and fire risk.

(iv)

Notwithstanding the provisions of subsections (ii) and (iii) of this subsection, if a nonconforming use of a nonconforming building ceases for a continuous period of twelve (12) months, such use shall be considered abandoned, and the building shall be used thereafter only in accordance with the Uniform Building Code, zoning, and General Plan regulations.

(2)

Modifications to nonconforming structures. All structures, including, but not limited to, main buildings, accessory buildings, walls, and fences, which do not meet the development regulations for the district within which the structure is located and any residential building in a commercial district shall be deemed nonconforming but lawful, and the following provisions shall apply:

(i)

No physical change, enlargement, extension, or remodeling which increases the extent of nonconformity shall be made without first securing a use permit.

(ii)

A physical change, enlargement, extension, or remodeling which does not increase the nonconformity may be made, as with a conforming structure, by securing the required building permits. The decision that the alteration will or will not increase the extent of the nonconformity shall be made by the Planning Administrator or designee. Decisions may be appealed to the Commission within fourteen (14) days after such action.

(iii)

Notwithstanding the provisions of this subsection (2), existing nonconformities shall be removed or corrected as part of the proposed change, enlargement, extension, or remodeling to enhance the public safety where deemed feasible in writing by the Planning Administrator. Decisions may be appealed to the Commission within fourteen (14) days after such action.

(iv)

A nonconforming building or structure damaged by fire, explosion, flood, earthquake, or other event to an extent of more than fifty (50%) percent of the market value, as determined by a certified appraiser hired by the property owners, may be restored only if made to conform to all the applicable regulations of the district

in which such structure is located; provided, however, a nonconforming structure or building so damaged may be restored upon the approval of a use permit and site development permit and adherence to any applicable performance standards deemed appropriate by the Commission or Council pursuant to subsection (5) of subsection (b) of this section.

(v)

Where the damage, as described in subsection (iv) of this subsection, to a nonconforming structure or building does not exceed fifty (50%) percent, such building may be restored to a total floor area not exceeding that of the former structure.

(vi)

On a residential lot or parcel where the required number of covered off-street parking spaces has not been provided, additional covered off-street parking spaces shall be required when the addition increases the number of bedrooms of the existing building. Such additional required parking shall meet the requirements of this chapter to the maximum extent feasible as determined by the Planning Administrator or designee.

(vii)

The provisions of subsections (i) and (ii) of this subsection requiring a use permit for any increase in the extent of nonconformity shall not apply to nonconforming structures which have been, or will be, improved in accordance with performance standards in the manner set forth in subsection (5) of subsection (b) of this section. Such increases in nonconformity shall be considered as an amendment to permits.

(§ II, Ord. 351-C.S., eff. November 10, 1982, as amended by § 1, Ord. 430-C.S. eff. November 21, 1984, § 2, Ord. 456-85, eff. December 25, 1985, § XII (A), Ord. 491-C.S., eff. October 28, 1987, § 2, Ord 554-C.S., eff. June 13, 1990, § III (A)—(I), Ord. 613-C.S., eff. April 13, 1994 and § X, Ord. 641-C.S., eff. May 8, 1996; § 15, Ord. 825-C.S., eff. November 8, 2017; § 10, Ord. 854-C.S., eff. February 26, 2020)