Article 31 — Home Occupation Permits

• Sections 9-4.3101 through 9-4.3110, codified from Ordinance No. 180, repealed by implication by Ordinance No. 55-C.S., effective July 26, 1972.

For the purposes of this article, "home occupation" shall mean an occupation carried on by the occupants of a dwelling unit as a secondary use to the customary residential purpose or an occupation carried on by a renter with the written consent of the landlord or his agent, which consent shall be attached to the application for a permit. The following criteria shall be determinative of a valid home occupation:

(a)

It shall not unreasonably generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located. No more than three (3) people per day, including customers and sales persons shall come to and from the dwelling in conjunction with the home occupation. Music teachers and other teachers may be permitted additional commercial clientele upon approval by the Planning Administrator and conformance

with conditions limiting the number of hours of commercial activity. In such case, adjacent owners and residents shall be notified prior to approval of the home occupation.

(b)

It shall not involve the use of commercial vehicles for the delivery of materials to or from the premises (vehicles not over three-fourths (¾) ton carrying capacity excepted). No vehicle over three-fourths (¾) ton carrying capacity shall be used for home occupation purposes. All commercial vehicles associated with the home occupation shall be parked on site in accordance with all applicable parking regulations; such commercial vehicles shall not be parked or stored on the street. No more than two (2) commercial vehicles that are associated with the home occupation may be parked on the site.

(c)

It shall only allow signs as expressly permitted by Section 9-4.3111 of this article.

(d)

It shall not involve more than two hundred (200') square feet of the dwelling floor area, whether the home occupation use is conducted within the dwelling, or in an accessory building, or a combination of both.

(e)

Stock-in-trade may be used or kept within a home occupation permitted area provided the stock-in-trade or any commodity or product manufactured off the premises is not brought on the premises for resale purposes there. Not more than 100 square feet shall be used for storing stock-in-trade.

(f)

In no way shall the appearance of the structure or premises be so altered, or the conduct of the occupation within the structure or premises be such, that the structure or the premises may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, noise, vibration, or the like). In particular, a home occupation shall not cause any adverse impacts such as offensive odors or excessive noise, lighting, or traffic which are incompatible with the residential area, or in violation of the provisions of any applicable laws or regulations.

(g)

No mechanical or electrical equipment shall be used or stored which causes undue noise or electrical interference.

(h)

A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or is an accessory building. A home occupation may not be conducted within an accessory building which is located within a required setback area, unless storage is the only proposed use. The Zoning Administrator, after a notice to adjoining landowners located within two hundred (200') feet of the subject property, may authorize a home occupation in other than an enclosed building upon the determination that the home occupation will not damage neighboring properties.

(i)

A home occupation may be conducted in a garage provided the home occupation does not unreasonably conflict with the required parking for such residential structure.

(j)

A home occupation shall not involve the employment of help other than resident members of the family within the residence. No provision of this article shall be deemed to prohibit service occupations carried on off the premises, nor to prohibit the employment of persons off the premises. Where special conditions exist and are disclosed on the application, the Zoning Administrator may modify this requirement.

(k)

A home occupation which involves the handling, processing, packaging, or repackaging of foodstuff or involves other elements of food preparation may be permitted by the Planning Administrator; provided that all County Health Department permits, inspections, or approvals are obtained and the home occupation will not adversely effect surrounding residential uses.

(1)

A home occupation shall not involve the storage or sale of firearms, other weapons, explosives, or ammunition.

(l)

It shall not involve a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § I, Ord. 446-85, eff. June 27, 1985, § XIII (A), Ord. 491-C.S., eff. October 28, 1987, and §§ 1—6, Ord. 583-C.S., eff. February 12, 1992; § 16, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

Sec. 9-4.3102. - Home occupation permits.

No person shall commence or carry on any home occupation, as set forth in Section 9-4.3101 of this article, within the City without first having procured a permit from the Zoning Administrator. The Zoning Administrator shall issue a permit when the applicant shows that the home occupation meets all the requirements of Section 9-4.3101 of this article. Every home occupation shall fully comply with all City, County, and State Codes, ordinances, rules, and regulations.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

Sec. 9-4.3103. - Permit applications: Form and content.

Applications for home occupation permits, as set forth in Section 9-4.3102 of this article, shall be filed, in writing, with the Zoning Administrator by the person who intends commencing or carrying on a home occupation. The application shall be upon a form furnished by and in the manner prescribed by the Zoning Administrator.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

Sec. 9-4.3104. - Permits not transferable.

No home occupation permit issued pursuant to the provisions of Section 9-4.3102 of this article shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

Sec. 9-4.3105. - Notices and appeals.

Within ten (10) working days after the filing of an application for a home occupation permit, the Zoning Administrator shall either issue or deny the permit and shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application. Any person aggrieved by the action of the Zoning Administrator upon an application for such permit may appeal such action by filing a written notice of appeal with the Zoning Administrator within ten (10) days after the date of the mailing of the notice of such action. The Zoning Administrator shall refer all appeals to the Commission, and the Commission will consider the appeal at the earliest available meeting. The applicant shall be given notice of the time and date set for such consideration.

An appeal of the decision of the Commission may be made by filing a notice of appeal with the City Clerk. The appeal shall be determined according to the procedures set forth in Chapter 4 of Title 1 of this Code, except that the notice of appeal shall be filed within ten (10) days after the decision of the Commission.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 8, Ord. 444-85, eff. June 12, 1985)

Sec. 9-4.3106. - Suspension, revocation, and appeals.

Any home occupation permit issued pursuant to the provisions of Section 9-4.3102 of this article may be suspended or revoked when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any City, County, and/or State Code, ordinance, rule, or regulation, including the provisions of this article, or in a disorderly manner, or to the detriment of the general public, or when the home occupation being carried on is different from that for which the permit was issued. Any home occupation permit which has been issued shall not be revoked or suspended unless a hearing shall first have been held by the Zoning Administrator. Written notice of the time and place of such hearing shall be served upon the permittee at least ten (10) days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the person to be notified at the address appearing on the permit. Any person aggrieved by the action of the Zoning Administrator may appeal to the Commission by filing a written notice of appeal with the Zoning Administrator within ten (10) days after the date of the mailing of the Zoning Administrator's action. Appeals shall be processed as set forth in Section 9-4.3105 of this article.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 13, Ord. 444-85, eff. June 12, 1985)

Sec. 9-4.3107. - Inspection fees.

(§ 1, Ord. 55-C.S., eff. July 26, 1972; repealed by § 1, Ord. 319-C.S., eff. February 10, 1982)

Sec. 9-4.3108. - Business licenses required.

Every home occupation permittee shall obtain a business license. If the business license is not renewed annually, the home occupation permit shall automatically expire.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 7, Ord. 583-C.S., eff. February 12, 1992)

Sec. 9-4.3109. - Business license exceptions.

(Repealed by § 8, Ord. 583-C.S., eff. February 12, 1992)

Sec. 9-4.3110. - Exceptions.

The provisions of this article shall not apply to the deaf or blind or to other cases of severe physical disability.

(§ 1, Ord. 55-C.S., eff. July 26, 1972).

Sec. 9-4.3111. - Signs.

Interior window signs shall be permitted for home occupations as follows:

(a)

Standards. Signs for home occupations shall meet the following criteria:

(1)

The maximum size for such signs shall be four (4) square feet or twenty-five (25%) percent of the window area, whichever is less.

(2)

No more than one home occupation sign shall be allowed.

(3)

Such signs may identify the name of the business, the type of the business, and the telephone number of the business.

(4)

Such signs may not be illuminated.

(b)

Application process. Applicants for home occupation signs shall submit their requests to the Planning Administrator in writing, accompanied by a dimensioned drawing of the sign and its location. The Planning

Administrator shall notify abutting property owners and residents of the application. Decisions of the Planning Administrator may be appealed to the Commission.

(§ II, Ord. 446-85, eff. June 27, 1985)

Article 32. - Site Development Permits

Sec. 9-4.3201. - Required.

(a)

No building permit shall be issued by the Building Official for any new construction or any addition which increases an existing structure's gross square footage by fifty (50%) percent or more in any R-1-H, R-3, R- 3.1, R-3-G, R-3/L.D., R-5, or Commercial District, except upon an application and the issuance of a site development permit to the property owner in accordance with the provisions of this article. Except, however, that construction of an accessory dwelling unit or junior accessory dwelling unit shall not require issuance of a site development permit if undertaken in accordance with all standards of Article 4.5 of this chapter.

(b)

The securing of a permit in accordance with the provisions of this article may be required as a condition of the granting of a use permit or variance in any district.

(c)

A site development permit shall be required for any new construction upon substandard lots in the R-1 (Single-Family Residential) or R-2 (Two-Family Residential) zoning districts Except, however, that a site development permit shall not be required for construction of an accessory dwelling unit or a junior accessory dwelling unit which is undertaken in accordance with all standards of Article 4.5 of this chapter. Consideration of a site development permit for a single-family dwelling with a proposed accessory dwelling unit and/or junior accessory dwelling unit shall not include consideration of the accessory dwelling unit or junior accessory dwelling unit use, but may consider the physical characteristics of the development, other than parking, including without limitation lot coverage, floor area ratio, landscaping, distance between structures, and Design Guidelines consistency.

(d)

(1)

A site development permit shall be required prior to issuance of a building permit for any construction of a new single-family dwelling that results in floor area that exceeds the maximum under the formula specified below. A site development permit shall also be required prior to issuance of a building permit for any structural alteration to an existing single-family dwelling that expands the existing floor area where such expansion results in the aggregate floor area of the dwelling exceeding the maximum under the formula specified below. In either of the above cases, the amount of garage area exceeding six hundred fifty (650') square feet shall be counted as floor area.

(2)

For purposes of this subsection, the following formula shall apply:

T + F (√ (L - S)) = M

(3)

For purposes of this subsection, the following definitions shall apply:

"M" shall mean the maximum floor area that is permitted under this subsection without triggering Planning Commission approval of a site development permit;

"T" shall mean the floor area threshold for a standard lot, and shall always be two thousand eight hundred (2,800') square feet;

"S" shall mean a standard lot size, and shall always be five thousand (5,000') square feet;

"F" shall mean the factor representing the multiplier, and shall always be twelve (12);

"L" shall mean the actual lot size in square feet.

(4)

For projects that trigger Planning Commission approval of a site development permit under this subsection, the mailing of notification of the public hearing, as required by Section 9-4.3203 of Article 33 of this chapter, shall include a rendering of an elevation of the project in relationship to the surrounding neighborhood, including any adjacent buildings.

(§ 13.01, Ord. 363, as amended by § II (A), Ord. 489-C.S., eff. October 14, 1987, § 3, Ord. 541-C.S., eff. January 10, 1990, § 3, Ord. 582-C.S., eff. January 8, 1992, and § II (A), Ord. 613-C.S., eff. April 13, 1994, § 1, Ord. No. 771-C.S., eff. June 24, 2010; § 16, Ord. 825-C.S., eff. November 8, 2017; § 11, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.3202. - Applications: Fees: Accompanying data.

Applications for site development 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 applications shall be accompanied by a fee as set forth in Article 37 of this chapter.

(§ 13.02, Ord. 363, as amended by § II (B), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3203. - Hearings: Notices.

The Commission shall hold a public hearing on each application for a site development permit and shall give notice of such hearing by publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by mailing notice not less than ten (10) days prior to the date of the hearing to the owners of the property within a radius of three hundred (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 assessment roll of the County. The failure of any person to receive such notice shall not invalidate the site development permit proceedings.

(§ 13.02, Ord. 363, as amended by § II (C), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3204. - Issuance: Conditions.

(a)

A site development permit shall not be issued if the Commission makes any of the following findings:

(1)

That the location, size, and intensity of the proposed operation will create a hazardous or inconvenient vehicular or pedestrian traffic pattern, taking into account the proposed use as compared with the general character and intensity of the neighborhood;

(2)

That the accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will create a hazardous or inconvenient condition to adjacent or surrounding uses;

(3)

That insufficient landscaped areas have been reserved for the purposes of separating or screening service

and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, and separating or screening parking lots from the street and adjoining building areas from paved areas to provide access from buildings to open areas;

(4)

That the proposed development, as set forth on the plans, will unreasonably restrict or cut out light and air on the property and on other property in the neighborhood, or will hinder or discourage the appropriate development and use of land and buildings in the neighborhood, or impair the value thereof;

(5)

That the improvement of any commercial or industrial structure, as shown on the elevations as submitted, is substantially detrimental to the character or value of an adjacent R District area;

(6)

That the proposed development will excessively damage or destroy natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site, except as provided in the subdivision regulations as set forth in Chapter 1 of Title 10 of this Code;

(7)

That there is insufficient variety in the design of the structure and grounds to avoid monotony in the external appearance;

(8)

That the proposed development is inconsistent with the City's adopted Design Guidelines; or

(9)

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

(b)

The Commission may impose such conditions in connection with the site development permit as it deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions are being or will be complied with.

(c)

No building permit shall be issued in any case where a site development permit is required by this chapter until ten (10) days after the granting of such site development permit by the Commission, or after the granting of such site development permit by the Council in the event of an appeal, and then only in accordance with the terms and conditions of the site development permit granted.

(§ 13.02, Ord. 363, as amended by § II (D), (E), and (F), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3205. - Time limits.

Site development permits granted in accordance with the provisions of this article shall become null and void if not exercised within one year after the effective date of such permit, unless the terms of the permit allow a greater period of time. The permit shall not become null and void if:

(a)

A building permit has been issued by the Building Official and construction started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Building Official for the site or structure for which the permit was issued.

(§ 13.06, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3206. - Renewal.

Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Commission. The Commission may grant or deny an application for renewal.

(§ 13.07, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3207. - Revocation: Hearings: Notices.

(a)

Violations. Any site development permit granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such permit were violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such permit after giving written notices to the permittee and to the owners of adjacent property, as set forth in Section 9-4.3302 of Article 33 of this chapter, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § II (G), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § II (H), said Ord. 489-C.S.)

Sec. 9-4.3208. - Appeals: Council action.

(a)

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a site development permit, within ten (10) days he may appeal, in writing, to the Council. Such appeal shall be filed with the City Clerk and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(b)

Upon the receipt of the appeal, the Council may consider the appeal in one of the following ways:

(1)

By holding a public hearing, using the same procedures as set forth in Section 9-4.3302 of Article 33 of this chapter; or

(2)

By referral back to the Commission for reconsideration.

(c)

Upon considering the appeal, the Council may approve, deny, or modify the site development permit.

(§ 13.05, Ord. 363, as amended by § 10, Ord. 444-85, eff. June 12, 1985, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987, as amended by § 7, Ord. 630-C.S., eff. August 24, 1995)

Sec. 9-4.3209. - Conformance.

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 strict conformity with any site development permit issued.

(§ 13.04, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)

Article 33. - Use Permits

Sec. 9-4.3301. - Applications: Accompanying data: Fees.

Applications for use permits shall be made to the Commission, in writing, on forms prescribed by the Commission, shall be accompanied by the plans and elevations necessary to show the detail of the proposed use of the building, and shall include such information as is required on said application. Such applications shall be accompanied by a fee as set forth in Article 37 of this chapter.

(§ 14.02, Ord. 363, as amended by § 7, Ord. 538-C.S., eff. December 27, 1989)

Sec. 9-4.3302. - Applications: Hearings: Notices.

The Commission shall hold a public hearing on each application for a use permit and shall give notice of such hearing by publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by mailing a post card 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 assessment roll of the County. The failure of any person to receive such notice shall not invalidate the use permit proceedings. The public hearing shall be conducted as set forth in Chapter 2 of Title 2 of this Code.

(§ 14.03, Ord. 363, as amended by § 8, Ord. 538-C.S., eff. December 27, 1989)

Sec. 9-4.3303. - Granting: Findings: Conditions.

(a)

The Commission shall grant a use permit only upon making all of the following findings:

(1)

That the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and welfare of the persons residing or working in the neighborhood or to the general welfare of the City;

(2)

That the use or building applied for is consistent with the applicable provisions of the General Plan and other applicable laws of the City and, where applicable, the local Coastal Plan; and

(3)

Where applicable, that the use or building applied for is consistent with the City's adopted Design Guidelines.

(b)

Based upon the findings set forth in subsection (a) of this section, the Commission may grant, conditionally grant, or deny an application for a use permit and may impose such conditions in connection with the use

permit as the Commission deems necessary to secure the purposes of this chapter and may require guarantees or evidence that such conditions are being or will be complied with.

(c)

Findings shall be in writing and shall be based upon substantial evidence in view of the whole record.

(§§ 14.04, 14.05, and 14.06, Ord. 363, as amended by § III (A), Ord. 489-C.S., eff. October 14, 1987, and § 9, Ord. 538-C.S., eff. December 27, 1989)

Sec. 9-4.3304. - Appeals: Council action.

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a use 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.

(§ 14.07, Ord. 363, as amended by § 2, Ord. 458, § 9, Ord. 444-85, eff. June 12, 1985, § III (B), Ord. 489C.S., eff. October 14, 1987, and § 6, Ord. 630-C.S., eff. August 24, 1995)

Sec. 9-4.3305. - Issuance.

Use permits, which shall be revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter.

(§ 14.01, Ord. 363)

Sec. 9-4.3306. - Prerequisite to issuance of building permits.

No building permit shall be issued in any case where a use permit is required by the provisions of this chapter until ten (10) days after the granting of such use permit by the Council in the event of an appeal, and then only in accordance with the terms and conditions of the use permit granted.

(§§ 14.08 and 14.09, Ord. 363, as amended by § III (D), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § III (E), said Ord. 489-C.S.)

Sec. 9-4.3307. - Time limits.

Use permits granted in accordance with the provisions of this chapter shall become null and void if not exercised within one year after the effective date of such permit, unless the terms of the permit allow a greater period of time. The permit shall not become null and void if:

(a)

A building permit has been issued by the Chief Building Official and construction has been started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Chief Building Official for the site or structure for which the permit was issued.

(§§ 14.10 and 14.11, Ord. 363, as renumbered by § III (E), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3308. - Renewal.

Use permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Commission. The Commission may grant or deny an application for renewal. No public hearing shall be required for renewal; provided, however, no condition of the use permit may be added, altered, or amended without first holding a public hearing pursuant to the provisions of Section 9-4.3302 of this article.

(§§ 14.12 and 14.13, Ord. 363, as renumbered by § II (E), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3309. - Revocation: Hearings: Notices.

(a)

Violations. Any use permit granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such permit are violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such permit after giving written notices to the permittee and to the owners of adjacent property, as set forth in Section 9-4.3302 of this article, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § III (E), Ord. 489-C.S., eff. October 14, 1987) Article 34. - Variances

Sec. 9-4.3401. - Authorized: Limitations.

Where practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, a variance may be granted as provided in this article; provided, however, such procedure may not be used to change the use of land. The granting of any variance, when conforming to the provisions of this article, is hereby declared to be an administrative function of the Commission and shall be final and conclusive, except in the event of an appeal as provided in this article.

(§ 15.01, Ord. 363)

Sec. 9-4.3402. - Applications: Accompanying data: Fees.

Applications for variances shall be made to the Commission on forms supplied by the Planning Administrator and shall be accompanied by a fee, as set forth in Article 37 of this chapter, and statements,

plans, elevations, and other information as indicated on such forms.

(§ 15.02, Ord. 363, as amended by § IV (A), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3403. - Applications: Hearings: Notices.

The Commission shall hold a public hearing on each application for a variance, and notice of such hearing shall be given as set forth in Section 9-4.3302 of Article 33 of this chapter.

(§ 15.03, Ord. 363)

Sec. 9-4.3404. - Granting or denial: Findings: Conditions.

(a)

The Commission shall grant a variance only when all of the following findings are made:

(1)

That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

(2)

That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area;

(3)

Where applicable, that the application is consistent with the City's adopted Design Guidelines; and

(4)

If located in the Coastal Zone, that the application is consistent with the applicable provisions of the Local Coastal Plan.

(b)

On the basis of such findings, the Commission may grant, conditionally grant, or deny the application for a variance.

(c)

In granting any variance, the Commission shall impose such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(§ 15.04, Ord. 363, as amended by § IV (B), Ord. 489-C.S., eff. October 14, 1987; § 17, Ord. 825-C.S., eff. November 8, 2017; § 12, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.3405. - Appeals: Council action.

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a variance, 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.

(§ 15.05, Ord. 363, as amended by § 1, Ord. 458, § 11, Ord. 444-85, eff. June 12, 1985, § IV (C), Ord. 489C.S., eff. October 14, 1987, and § 8, Ord. 630-C.S., eff. August 24, 1995)

Sec. 9-4.3406. - Time limits.

Variances granted in accordance with the provisions of this chapter shall become null and void if not exercised within one year after the effective date of such variance or if the structure for which the variance was granted has been removed or demolished. The variance shall not become null and void if:

(a)

A building permit has been issued by the Chief Building Official and construction has been started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Chief Building Official for the site or structure for which the variance was issued.

(§ 15.06, Ord. 363, as amended by § IV (D), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3407. - Renewal.

Variances may be renewed for an additional period not to exceed one year provided, prior to the expiration of the variance, an application for renewal is filed with the Commission. The Commission may grant or deny the application for renewal.

(§ 15.07, Ord. 363, as amended by § IV (E), Ord. 489-C.S., eff. October 14, 1987)

Sec. 9-4.3408. - Revocation: Hearings: Notices.

(a)

Violations. Any variance granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such variance are violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such variance after giving written notices to the permittee and to the owners of adjacent property, as set forth in

Section 9-4.3302 of Article 33 of this chapter, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § IV (F), Ord. 489-C.S., eff. October 14, 1987)

Article 35. - Amendments

Sec. 9-4.3501. - Scope.

The provisions of this chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment by using the procedure set forth in this article.

(§ 18.01, Ord. 363)

Sec. 9-4.3502. - Initiation.

An amendment may be initiated by:

(a)

The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Commission and be accompanied by a fee, as set forth in Article 37 of this chapter;

(b)

A resolution of intention of the Council; or

(c)

A resolution of intention of the Commission.

(§ 18.02, Ord. 363)

Sec. 9-4.3503. - Hearings by the Planning Commission: Text amendments: Notices.

The Commission shall hold one public hearing on any proposed amendment and 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. Such notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(§§ 18.03 and 18.04, Ord. 363)

Sec. 9-4.3504. - Hearings by the Planning Commission: District boundary changes: Notices.

In the event the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the Commission shall give additional notice of the time and place of such hearing and of the purpose thereof by mailing a postal card notice, not less than ten

(10) days prior to the date of such hearing, to the owners of property within a radius of 300 feet of the exterior boundaries of the property to be changed and to the owners of all property within such boundaries, using for such purpose the last known name and address of such owners as shown upon the assessment roll of the County.

Such notice shall include a general explanation of the matter to be considered and description of the property affected in the proposed change of district, the time and place at which the public hearing on the proposed change will be held, and any other information which the Commission may deem to be necessary. The failure of the Commission to mail such notices, or the failure of any owner to receive such notices, shall not invalidate the hearing proceedings.

(§§ 18.05 and 18.06, Ord. 363)

Sec. 9-4.3505. - Planning Commission action: Resolutions.

After the hearing the Commission shall render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation and shall be transmitted to the Council in the form of a resolution.

Such resolution shall be made within ninety-six (96) days after the publication of the notice of the hearings, as set forth in Sections 9-4.3503 and 9-4.3504 of this article; provided, however, such time limit may be extended upon the consent of the owners of the property affected by the proposed amendment.

(§ 18.07, 18.08 and 18.09, Ord. 363)

Sec. 9-4.3506. - Hearings by the Council: Notices.

Upon the receipt of the recommendation of the Commission, as provided in Section 9-4.3505 of this article, the Council shall hold a public hearing; provided, however, if the matter under consideration is an amendment to change property from one district to another, and the Commission has recommended against the adoption of such amendment, the Council shall not be required to take any further action thereon unless an owner of the property affected shall request such hearing by filing a written request with the City Clerk within ten (10) days after the Commission files its recommendations with the Council.

A notice of the time and place of the hearing shall be given in the time and manner provided for the giving of the notice of the hearing by the Commission as set forth in Section 9-4.3503 of this article. Any such hearing may be continued from time to time.

(§§ 18.10 and 18.11, Ord. 363, as amended by § XV (A), Ord. 491-C.S., eff. October 28, 1987)

Sec. 9-4.3507. - Council action.

The Council may approve, modify, or disapprove the recommendation of the Commission; provided, however, any modification of the proposed ordinance or amendment by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for a report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated

by the legislative body, shall be deemed to be approval of the proposed modification. After the receipt of such report, or after such forty (40) days have passed, the Council may adopt the amendment.

The decision of the Council shall be rendered within sixty (60) days after the receipt of the resolution from the Commission or, in the event of a modification, after the expiration of the additional thirty (30) days.

(§§ 18.12, 18.13, and 18.14, Ord. 363, as amended by § 1, Ord. 164-C.S., eff. February 11, 1976)

Sec. 9-4.3508. - Prezoning.

The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City. The prezoning of territory shall be accomplished by using the procedures set forth in Sections 9-4.3502 through 9-4.3507 of this article; provided, however, the notice of hearing required by the provisions of Sections 9-4.3503 and 9- 4.3506 of this article shall be published at least once in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three public places in the area to be prezoned. The ordinance prezoning a territory shall become effective thirty (30) days after its adoption or upon the effective date of the ordinance or resolution annexing such territory to the City, whichever shall occur later.

(§§ 18.15 and 18.16, Ord. 363)

Sec. 9-4.3509. - Interim ordinances for nonprezoned annexations.

The City shall adopt an interim ordinance in accordance with the provisions of Section 65858 of the Government Code of the State to zone territory annexed to the City which has not been prezoned.

(§ 18.17, Ord. 363)

Article 36. - Appeals

Sec. 9-4.3601. - Commission action.

The Commissions shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter.

(§ 17.01, Ord. 363)

Sec. 9-4.3602. - Commission action: Appeals to the Council.

In the event an applicant or any aggrieved person is not satisfied with the action of the Commission, he or she may appeal to the Council.

The appeal shall be heard and determined according to the procedures set forth in Section 9-4.3208 of Article 32 of this chapter.

In addition, each appeal shall be accompanied by a fee as set forth in City Administrative Policy No. 2.

(§§ 17.02 and 17.03, Ord. 363, as amended by § 14, Ord. 444-85, eff. June 12, 1985, § 3, Ord. 560-C.S., eff. November 7, 1990, and § 2, Ord. 630-C.S., eff. August 24, 1995)

Sec. 9-4.3603. - Council action.

The Council shall render its decision within sixty (60) days after the filing of the appeal provided for in Section 9-4.3602 of this article.

(§ 17.04, Ord. 363, as amended by § 1, Ord. 72-C.S., eff. April 25, 1973)

Article 37. - Fees

Sec. 9-4.3701. - Required.

Applications for use permits, variances, amendments, specific plan permits, minor modifications, and site development permits shall be accompanied by a fee to cover the costs of such of the following items as are required for each particular case:

(a)

Field investigations;

(b)

The preparation of necessary reports;

(c)

The preparation of site maps;

(d)

The preparation of environmental impact reports;

(e)

Mailing notices; and

(f)

Printing and posting notices and legal publications.

(§ 20.01, Ord. 363, as amended by § 3, Ord. 69-C.S., eff. December 27, 1972)

Sec. 9-4.3702. - Nonreturnable: Payment: Deposit.

(§ 20.01, Ord. 363; repealed by § 1, Ord. 319-C.S., eff. February 10, 1982)

Sec. 9-4.3703. - Enumerated.

(§ 20.02, Ord. 363, as amended by § 3, Ord. 69-C.S., eff. December 27, 1972, § 1, Ord. 103-C.S., eff. May 22, 1974, and § 3, Ord. 156-C.S., eff. November 26, 1975; repealed by § 1, Ord. 319-C.S., eff. February 10, 1982)

Sec. 9-4.3704. - Appeals.

Council appeals of Planning Commission action shall be accompanied by a fee as set forth in City Administrative Policy No. 2.

(§ 3, Ord. 630-C.S., eff. August 24, 1995)

Article 38. - Administration*

• Sections 9-4.3801 through 9-4.3808, codified from Ordinance No. 363, as amended by Ordinance Nos. 410, 421, and 444-85, effective June 12, 1985, amended in their entirety by Ordinance No. 491-C.S., effective October 28, 1987.

Sec. 9-4.3801. - Zoning Administrator: Office created.

There is hereby created the office of Zoning Administrator, the duties of which shall be carried out by the Planning Administrator.

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

Sec. 9-4.3802. - Zoning Administrator: Powers and duties.

(a)

The Zoning Administrator shall have all the powers and duties of a Board of Zoning Adjustment as set forth in Sections 65900 through 65907 of Article 3 of Chapter 4 of Title 7 of the Government Code of the State.

(b)

Except as otherwise provided and if authorized by the Commission, the Zoning Administrator may hear and decide the following:

(1)

Minor modifications;

(2)

Site development permits;

(3)

Use permits;

(4)

Variances;

(5)

Sign permits;

(6)

Reasonable accommodation requests; and

(7)

Other planning permits.

In connection with the applications provided for in this subsection, the Zoning Administrator shall have all the duties and responsibilities set forth in this chapter for the Commission.

(c)

At any public hearing the Zoning Administrator shall be governed by the provisions of this chapter in the granting of permits and variances and shall grant the same only when making the findings required by the pertinent provisions of this chapter.

(d)

The Zoning Administrator may refer any application or permit or variance directly to the commission without a hearing or without making a decision thereon, and the Commission shall then proceed to hear such applications as provided in this chapter for hearings by the Commission in such cases.

(1)

This subsection shall not apply to reasonable accommodation requests filed in accordance with Article 51 of this chapter when no related discretionary approval is sought.

(e)

As used in this chapter, any of the powers of the Planning Administrator or Zoning Administrator may be performed by the Planning and Building Director.

(§ XVI, Ord. 491-C.S., eff. October 28, 1987, as amended by § VI (A), Ord. 613-C.S., eff. April 13, 1994; § 3, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.3803. - Minor modifications.

(a)

Defined. For the purposes of this section, "minor modification" shall mean:

(1)

A maximum of a twenty (20%) percent reduction in area, yard requirements, or distances between buildings or a maximum increase of twenty (20%) percent in coverage;

(2)

A maximum of a twenty (20%) percent increase in the height limit in fence, wall, and hedge requirements; provided, however, in the case of corner lots, for modifications to front yard fences, walls, and/or hedges, the City Engineer's office shall be consulted; or

(3)

A maximum reduction of one parking space in the off-street parking and loading requirements, the provision of tandem parking, or minor deviations from the parking design standards.

(b)

Process. The Zoning Administrator shall use the procedure and make the findings required by the provisions of Article 34 of this chapter prior to granting minor modifications; provided, however, a public hearing shall not be required.

(c)

Granting: Notices. Notices of applications approved by the Zoning Administrator shall be mailed to all abutting property owners who shall have the right of appeal.

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

Sec. 9-4.3804. - Appeals.

Appeals from decisions of the Zoning Administrator may be made to the Commission within ten (10) days after the action of the Zoning Administrator. Such appeals shall be in writing and shall be filed with the Zoning Administrator. Upon the receipt thereof, the Zoning Administrator shall forward the appeal, together with the record on the matter, to the Commission. The Commission shall give notice of such hearing as set forth in Section 9-4.3302 of Article 33 of this chapter.

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

Sec. 9-4.3805. - Effect of permits, variances, and approvals.

No use permit, permit granting a variance, reasonable accommodation approval, or other planning permit shall have any force or effect until the applicant therefor actually received such permit or approval designating the conditions of its issuance thereon and signed by the Zoning Administrator. No such permit or approval shall be issued until the time for filing appeal from decisions of the Zoning Administrator 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.

(§ XVI, Ord. 491-C.S., eff. October 28, 1987; § 3, Ord. 851-C.S., eff. Dec. 12, 2019)

Article 39. - Enforcement: Violations: Penalties

Sec. 9-4.3901. - Issuance of permits and licenses.

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for

uses, buildings, or purposes in conflict with the provisions of this chapter, and any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

The Chief Building Official shall not issue any building permit for the construction of any building, structure, facility, or alteration the construction of which, or the proposed use of which, would constitute a violation of the provisions of this chapter.

(§§ 21.01 and 21.02, Ord. 363)

Sec. 9-4.3902. - Enforcement.

It shall be the duty of the Chief Building Official to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of buildings and structures.

(§ 21.01, Ord. 363)

Sec. 9-4.3903. - Violations: Public nuisances: Abatement.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this chapter shall be, and the same are hereby declared to be, unlawful and a public nuisance, and the City Attorney, upon an order of the Council, shall immediately commence an action or proceeding for the abatement, removal, and enjoinment thereof in the manner prescribed by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building contrary to the provisions this chapter.

(§ 21.04, Ord. 363)

Sec. 9-4.3904. - Violations: Penalties.

Any person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 21.03, Ord. 363)

Article 40. - Coastal Development Permits

• Sections 9-4.4000 through 9-4.4014, codified from Ordinance No. 335-C.S., effective June 9, 1982, repealed by Ordinance No. 610-C.S., effective March 16, 1994.

Article 41. - Density Bonus Program*

• Sections 9-4.4100 through 9-4.4106, as added by Ordinance No. 404-C.S., effective May 23, 1984, repealed by Ordinance No. 475-86, effective December 10, 1986.

Sec. 9-4.4100. - Intent.

The purpose of the density bonus program is to encourage the provision of affordable housing and of rental housing. The density bonus program offers the incentive of increased density and flexibility in development standards in exchange for housing which will help meet the City's need to provide affordable and rental housing.

(§ I, Ord. 475-86, eff. December 10, 1986)

Sec. 9-4.4101. - 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)

"Affordable housing" shall mean housing with a maximum sales price or rent that is affordable by lower and/or very low income households, as published by the State Department of Housing and Community Development based upon information from the Department of Housing and Urban Development (HUD) for San Mateo County. Affordable housing costs shall be calculated by the City according to the formula set forth in Section 9-4.4105 of this article.

(b)

"Density Bonus" shall mean a program which allows projects providing residential rental units, affordable housing, or housing for elderly or disabled persons to exceed the otherwise maximum residential zoning density and the maximum General Plan residential density of the site when approved by the Planning Commission. Density bonus units shall not be included when calculating the number of affordable units required to qualify for a density bonus.

(c)

"Elderly persons" shall mean persons sixty-two (62) years of age or older, or fifty-five (55) years of age or older in a residential development with at least 150 units targeted for elderly persons.

(d)

"Housing for the disabled" shall mean housing accessible to the disabled, as defined by the HEW 504 regulations.

(e)

"Moderate income units" shall mean housing with a maximum sales price or rent that is affordable by moderate income households, as published by the State Department of Housing and Community Development based upon information from the Department of Housing and Urban Development (HUD) for San Mateo County. Moderate income unit housing costs shall be calculated by the City according to the formula set forth in Section 9-4.4105 of this article.

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by § 1, Ord. 587-C.S., eff. February 12, 1992)

Sec. 9-4.4102. - Amount of density bonus.

(a)

Rental housing.

(1)

Projects constructed entirely as market rate multiple-family rental housing may be entitled to a fifteen (15%) percent density bonus above the maximum density designation for the site.

(2)

Qualifying projects shall remain available as rental housing for a minimum of thirty (30) years after the issuance of the certificate of occupancy.

(b)

Affordable housing.

(1)

Projects providing at least twenty (20%) percent of the total units for lower income households or at least ten (10%) percent of the total units for very low income households shall be entitled to a twenty-five (25%) percent density bonus and an additional incentive as set forth in Section 9-4.4104.

(2)

Projects providing both twenty (20%) percent of the total units for lower income households and ten (10%) percent of the total units for very low income households shall not be entitled to more than one density bonus, unless otherwise determined by the Planning Commission, but shall be entitled to one additional incentive as set forth in Section 9-4.4104.

(3)

Projects which receive a twenty-five (25%) percent density bonus pursuant to subsection (1) above may be granted up to a fifty (50%) percent density bonus as follows:

(i)

To qualify for up to a fifty (50%) percent density bonus, the maximum feasible number of very low income, lower income, and/or moderate income units shall be provided in addition to the minimum requirements for a twenty-five (25%) percent density bonus contained in this section. The feasible number of very low, lower, and/or moderate income units to be provided shall be determined by the Planning Commission.

(ii)

Units shall be provided within the lowest income categories feasible, as determined by the Planning Commission.

(c)

Housing for the elderly or disabled.

(1)

Projects providing at least fifty (50%) percent of the total units for elderly persons shall be entitled to a twenty-five (25%) percent density bonus.

(2)

Projects providing housing exclusively for elderly or disabled persons may be granted up to a fifty (50%) percent density bonus provided that all of the bonus units are provided within the very low, lower, and/or moderate income categories. Additional affordable and/or moderate income units shall be provided if determined feasible by the Planning Commission. Units shall be provided within the lowest income categories feasible, as determined by the Planning Commission.

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by § 2, Ord. 587-C.S., eff. February 12, 1992)

Sec. 9-4.4103. - Development standards.

(a)

Affordable housing units shall be integrated into the overall design and layout of the development and shall be architecturally compatible with the market rate units on the subject property.

(b)

Where phasing of the construction is necessary, a phasing plan shall be submitted showing the ratio of affordable bonus units and market rate units to ensure the affordable housing units are constructed and made available for sale or rent at the same time as the market rate units.

(c)

A use permit shall be required.

(d)

When numbers are rounded for density bonus calculations, exact numbers shall be used, and rounding shall only occur at the final calculation.

(e)

The density bonus program shall apply to housing Developments consisting of five (5) or more dwelling units. The Planning Commission may, however, grant density bonuses to projects with fewer than five units provided that the site is physically suitable for the proposed density.

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by § 3, Ord. 587-C.S., eff. February 12, 1992)

Sec. 9-4.4104. - Incentives.

(a)

Rental housing. Any rental housing project constructed in accordance with the density bonus program which project has ten (10) or more required parking spaces may provide up to one-third () of the required

parking spaces for compact cars.

(b)

Affordable Housing. Projects which provide affordable units in accordance with the density bonus program shall be entitled to at least one of the following incentives unless the Planning Commission finds that such incentive is not required in order to provide for affordable housing costs pursuant to Government Code Section 65915(b):

(1)

For projects with ten (10) or more required parking spaces, up to one-third (⅓) of the total required spaces may be for compact cars; or

(2)

Affordable units may have up to twenty (20%) percent less interior floor area than the average interior floor area of market rate units with the same number of bedrooms; provided that the affordable units meet the minimum dwelling unit size and floor area specified in this Code and the Uniform Building Code; or

(3)

A maximum of a twenty (20%) percent reduction in required lot area; or

(4)

A maximum reduction of twenty (20%) percent in setback requirements; or

(5)

A maximum increase of twenty (20%) percent in lot coverage; or

(6)

A reduction of planning application fees; or

(7)

Other incentive or incentives, as determined by the Planning Commission, which can be shown to result in identifiable construction cost reductions.

(c)

Housing for the elderly or disabled. Projects which provide housing for the elderly or disabled in accordance with the density bonus program shall be entitled to at least one of the following incentives:

(1)

Required parking for housing for the elderly may be provided at a ratio of one parking space for every two (2) units;

(2)

One of the incentives listed in subsection (b) of this section.

(d)

The specific incentives, as listed in subsections (b) and (c) of this section, to be granted to a housing development shall be subject to the approval of the Planning Commission. The following regulations also apply:

(1)

A developer may submit a preliminary proposal for a housing development to the Planning Administrator prior to any formal project application. Within ninety (90) days of submission, the Planning Administrator shall notify the developer of the procedures for implementing the density bonus program.

(2)

A developer may request a waiver or modification to zoning or development standards which the developer contends would inhibit the utilization of a density bonus on a specific site. If the incentive requested by a housing developer involves a modification to zoning or development standards, the developer must submit evidence to prove that the modification is necessary to make the housing units economically feasible.

(3)

The Commission may also grant additional incentives if such additional incentives are necessary to make the housing units economically feasible.

(4)

The Commission may deny the request for an incentive only if it finds and establishes that the development, with the affordable units, would be economically feasible without the incentive.

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by §§ 4 and 5, Ord. 587-C.S., eff. February 12, 1992)

Sec. 9-4.4105. - Income, rent, and cost structure.

(a)

Rent structure: San Mateo County Housing Authority. Rental units may be administered by the County Housing Authority in accordance with the following regulations:

(1)

Rental rates shall follow the most current Section 8 Fair Market Rent Schedule.

(2)

The County Housing Authority shall be responsible for annually qualifying households and distributing Section 8 certificates.

(3)

Qualified City residents shall be granted preference in obtaining Section 8 certificates.

(b)

Rent structure — City of Pacifica. Rental units may be administered by the City in accordance with the following regulations:

(1)

Units for lower income households shall be offered at a rent that does not exceed thirty (30%) percent of sixty (60%) percent of the most current household size-adjusted median income for San Mateo County as established by HCD. The maximum rent for units targeted for lower income households shall be calculated by using the following formula:

[.60 × Household size - adjusted Area Median Income × .30] ÷ 12.

(2)

Units for very low income households shall be offered at a rent that does not exceed thirty (30%) percent of fifty (50%) percent of the nost current household size-adjusted median income for San Mateo County as established by HCD. The maximum rent for units targeted for very low income households shall be calculated using the following formula:

[.50 × Household size-adjusted Area Median Income × .30] ÷ 12

(3)

Units for moderate income households shall be offered at a rent that does not exceed thirty (30%) percent of eighty (80%) percent of the most current household size-adjusted median income for San Mateo County as established by HCD. The maximum rent for units targeted for moderate income households shall be calculated using the following formula:

[.80 × Household size-adjusted Area Median Income × .30] ÷ 12

(4)

Monthly rental costs, for the purpose of this subsection, shall include water, garbage, and sewer costs.

(5)

The household to which a unit is rented shall be qualified as a very low, lower or moderate income household as defined in this article by either the City or its designee.

(c)

Ownership housing costs.

(1)

Lower income units shall be sold at a price where households earning seventy (70%) percent of the most current household size-adjusted median income for San Mateo County as established by HCD would spend no more than thirty-three (33%) percent of their gross monthly income toward all monthly housing costs.

(2)

Very low income units shall be sold at a price where households earning sixty (60%) percent of the most current household size-adjusted median income for San Mateo County as established by HCD would spend no more than thirty-three (33%) percent of their gross monthly income toward all monthly housing costs.

(3)

Moderate income units shall be sold at a price where households earning between eighty (80%) and one hundred (100%) percent of the most current household size-adjusted median income for San Mateo County as established by HCD would spend no more than thirty- three (33%) percent of their gross monthly income toward all monthly housing costs. Units shall be provided at the low end of the range if determined feasible by the Planning Commission.

(4)

Monthly housing costs, for the purpose of this subsection, shall include mortgage, insurance, taxes, and any required monthly or yearly association fees unless otherwise determined by the Planning Administrator.

(5)

The household to which a unit is sold shall be qualified as a very low, lower or moderate income household as defined by HUD by either the City or designee.

(d)

Ownership and management. Affordable rental units provided in accordance with the density bonus program, which units are within ownership housing projects, shall be owned and managed as a unit by the developer. The ownership may be transferred; however, the units shall not become the responsibility of a homeowner's association. The monthly maintenance fees shall be paid by the owner or shall be subtracted from the maximum rent allowed.

(e)

For the purposes of determining household size for affordable units, the following chart shall be used:

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by §§ 6 and 7, Ord. 587-C.S., eff. February 12, 1992)

Sec. 9-4.4106. - Guarantees of continued availability of affordable density bonus housing.

(a)

Rental units.

(1)

Affordable rental units shall be rented to qualifying households and shall be maintained at rent levels established in accordance with the most current City calculations derived from the income, rent, and cost structure provisions set forth in Section 9-4.4105 of this article.

(2)

The developer and/or owner shall agree and bind any successors to maintain rent levels as established pursuant to subsection (1) of this subsection. Agreements regarding rent levels shall be by legal arrangements approved as to form by the City Attorney.

(3)

Affordable units shall be maintained at affordable rents as defined in this article for a minimum of thirty (30) years. However, if no incentive is granted as set forth in Section 9-4.4104 of this article, the affordable units shall be maintained at affordable prices for a minimum of ten (10) years.

(4)

For rental units within an otherwise for-sale development, rental units may be converted to ownership housing provided the converted rental unit is affordable to the same income group it was originally intended to serve (see Section 9-4.4105 of this article) and it meets the requirements of this section relative to ownership housing. Ownership units which are subsequently rented shall be required to conform to the rent structure set forth in said Section 9-4.4105.

(b)

Ownership housing.

(1)

Resale controls shall be by legal arrangements approved as to form by the City Attorney. Resale controls shall be incorporated into the deed as a deed restriction and shall be incorporated as part of the covenants, conditions, and restrictions where applicable in order to guarantee the occupancy of affordable units by

lower and very low income households for a minimum of thirty (30) years. However, if no incentive is granted as specified in Section 9-4.4104 of this article, occupancy of the affordable units by lower and very low income households shall be guaranteed for minimum of ten (10) years.

(2)

Resale controls shall limit the appreciation of equity to the increase in the permissible sales price between the time of the purchase and the time of the sale as established by the City or its designee in accordance with the standards set forth in Section 9-4.4105 of this article.

(c)

Housing for the elderly or disabled.

(1)

For housing developments qualifying for a density bonus that provide housing for the elderly and/or disabled, the developer and/or owner shall be required to agree and to bind any successors to maintain the units a minimum of thirty (30) years for such housing. However, if no incentive is granted as specified in Section 9-4.4104 of this article, the units shall be maintained for such housing for a minimum of ten (10) years. Legal arrangements regarding occupancy and costs shall be approved as to form by the City Attorney.

(2)

Affordable elderly or disabled units shall be maintained as such for a minimum of thirty (30) years. However, if no incentive is granted as specified in Section 9-4.4104 of this article, affordable elderly or disabled units shall be maintained as such for a minimum of ten (10) years.

(§ I, Ord. 475-86, eff. December 10, 1986, as amended by § 8, Ord. 587-C.S., eff. February 12, 1992)

Article 42. - Transfer of Residential Development Rights

Sec. 9-4.4200. - Purpose and findings.

It is the purpose of this article to provide a mechanism to relocate potential development from areas where environmental or land use impacts could be severe to other areas more appropriate for development, to preserve significant open space resource areas within the City, to encourage protection of natural, scenic, recreational and agricultural values of open space lands, to control development and minimize damage in potentially hazardous and flood prone areas, and to implement the policies of the Seismic and Safety, Open Space and Land Use Elements of the Pacifica General Plan and of the Pacifica Local Coastal Land Use Plan, by the transfer of rights to develop from properties in such areas to qualified properties in other parts of the City, while still granting appropriate residential development rights to each property. This method is found to be a reasonable approach to achieve such purposes and is further supported by the following:

(a)

The establishment of a transfer of development rights program was recommended as an appropriate technique by the City of Pacifica Open Space Task Force Report (1988), and the City Council concurs that

such a program is an appropriate method to help accomplish the Open Space Task Force Goals; and

(b)

The establishment of a transfer of development rights program has been incorporated into the Pacifica General Plan and Local Coastal Land Use Plan and is consistent with the goals of the General Plan and Local Coastal Land Use Plan; and

(c)

A transfer of development rights program will assist the City in moving forward to implement its responsibilities under the General Plan and Local Coastal Land Use Plan; and

(d)

The establishment of such a program will promote flexibility and innovation in land use planning so as to encourage existing development potential to occur on lands deemed to be more appropriate; and

(e)

The authority to establish a transfer of development rights program is within the scope of the City's police power established in Article XI, Section 7 of the State Constitution and such a program is necessary and appropriate to the exercise of the City's planning and zoning authority as set forth in the State Planning and Zoning Law, Title 7, Division One, of the California Government Code.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4201. - Definitions.

(a)

Development rights. The residential building rights permitted to a lot, parcel or area of land under the base density of the General Plan and zoning ordinances of the City, measured in maximum dwelling units per acre based upon gross acreage. In the event of any conflict between the General Plan and zoning ordinance, the density standards of the General Plan shall control. It is not the purpose of this article to create any such potential which would not otherwise exist.

(b)

Sending areas and parcels. An undeveloped area that is designated in this article or by further action of the Planning Commission as one from which it is appropriate to transfer development rights. A sending parcel or site is an undeveloped parcel or site located in a sending area.

(c)

Receiving areas and parcels. An area that is designated in this article or by further action of the Planning Commission as appropriate for residential development beyond its base density through the transfer of development rights. A receiving parcel or site is one located in a receiving area.

(d)

Base density. The number of dwelling units per gross acre permitted by the City's General Plan and zoning ordinances for a parcel in a receiving area without the use of transfer of development rights or a density bonus.

(e)

Transfer units. The additional units of dwellings allowed on a receiving parcel over base density through the use of transfer of development rights.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4202. - Transfer of development rights permitted.

Notwithstanding any other provisions of this Code regarding residential density, including minimum lot size, minimum lot area per dwelling unit, minimum building site area and minimum lot width, the number of dwelling units permitted to be built upon a sending parcel may be transferred and built upon a receiving parcel. In approving a transfer of development rights pursuant to this article, the Planning Commission may find that such a transfer is consistent with the existing General Plan and zoning designation of the receiving

lling unit, minimum building site area and minimum lot width, the number of dwelling units permitted to be built upon a sending parcel may be transferred and built upon a receiving parcel. In approving a transfer of development rights pursuant to this article, the Planning Commission may find that such a transfer is consistent with the existing General Plan and zoning designation of the receiving

parcel. Such a transfer of development rights shall only be permitted to occur under the circumstances and according to the procedures set out in this article. Such a transfer may be in addition to any density bonus for affordable or rental housing granted pursuant to Article 41 of Chapter 4 of this title. However, no density bonus shall be allowed for the sending area or the transfer units.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4203. - Sending areas.

(a)

Designated sending areas. All of the land in the following categories is designated to be sending areas:

(1)

An open space area designated in the 1988 Pacifica Open Space Task Force Report Inventory;

(2)

Any undeveloped area identified as appropriate for density transfer or as containing potential development hazards in the City's General Plan or Local Coastal Land Use Plan;

(3)

Any undeveloped area identified as subject to a Class I-IV landslide in the 1982 Landslide Inventory Map, Appendix A (Howard Donley Associates);

(4)

Any undeveloped area identified as subject to flood hazard in the most currently adopted Flood Insurance Study of the Federal Insurance Administration; or

(5)

Other undeveloped areas specifically designated by the Planning Commission or City Council as set forth herein from which residential development rights may be transferred.

(b)

Designation of other sending areas. In addition to those areas which qualify as sending areas according to the criteria set out in subsection (a) of this section, the Planning Commission may approve additional areas as sending areas. Eligibility for designation of other sending areas shall be determined upon submittal of a transfer of development rights application to the Planning Commission.

(c)

Criteria for eligibility. Criteria used by the Planning Commission for approval of other sending areas shall include:

(1)

Suitability of the area for development;

(2)

Existence of any physical hazards or constraints to development, such as slope, wave action, or erosion;

(3)

Area size; and

(4)

Whether the natural, scenic, recreational, open space or agricultural values of the proposed sending area are such as to warrant preservation.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4204. - Receiving areas.

(a)

Designated receiving areas. All of the areas in the following underlying zoning categories are designated to be receiving areas:

(1)

R-2 (two-family - residential district);

(2)

R-3 (multiple-family - residential district);

(3)

R-3-G (multiple-family - residential garden district);

(4)

R-3.1 (multiple-family - residential district);

(5)

P-D (planned development district);

(6)

(Repealed by § 18, Ord. 825-C.S., eff. November 8, 2017);

(7)

No area in the coastal zone which is designated as "Special Area" or "Open Space Residential" in the Pacifica General Plan or Coastal Land Use Plan shall be designated as a receiver site with the exception of the Pacifica Quarry due to its disturbed condition. This prohibition shall not extend to intrasite transfers within such areas.

(b)

Designation of other receiving areas. In addition to those areas which qualify as receiving areas according to the criteria set out in subsection (a) of this section, the Planning Commission may approve additional areas as receiving areas. Eligibility for designation of other receiving areas shall be determined upon submittal of a transfer of development rights application to the Planning Commission.

(c)

Criteria for eligibility. Criteria used by the Planning Commission for approval of other receiving areas shall include:

(1)

Whether the proposed receiving area contains adequate public facilities and infrastructure, including roads, traffic capacity, parking, and storm drainage systems, to accommodate the transfer of development rights;

(2)

Whether the higher density resulting from the addition of transfer units in a receiving area will result in a significant adverse change in the basic character of the adjacent neighborhood, or result in an appropriate pattern of development;

(3)

Whether the transfer of development rights to any particular receiving area will provide a net public benefit and an overall reduction in environmentally damaging consequences and cumulative impacts when compared to the alternative of development in both the sending and receiving areas;

(4)

Whether such increased development is compatible with the goals and policies of the General Plan and Coastal Land Use Plan;

(5)

Whether the proposed receiving area is physically suitable for such a transfer, considering, among other factors, the slope, visibility, geotechnical constraints, and recreational and environmental values of the area.

(§ 1, Ord. 539-C.S., eff. December 27, 1989; § 18, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.4205. - Transfer of development rights within one parcel or site.

Transfer of development rights within one parcel which has more than one zoning or General Plan designation, or between commonly owned parcels which have more than one zoning or General Plan designation and are planned as a unit, may occur upon discretionary approval of the Planning Commission after review of an application for transfer of development rights. The sending and receiving areas in such a proposed transfer shall meet the criteria set forth in this article for designation of such areas and be so designated prior to approval of such transfer.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4206. - Transfer units.

In any transfer of units, the sending parcel or area must transfer all of its development rights to a receiving parcel or parcels, regardless of how many transfer units the owner of the receiving parcel or parcels elects to apply for or use. No partial transfers shall be permitted.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4207. - Procedures and requirements for approval of transfer of development rights.

(a)

Initiation. An application for transfer of development rights shall be initiated as follows:

(1)

The process of transferring development rights shall be initiated by submittal of an application for a transfer of development rights permit (TDR Permit) by the owner of the receiving parcel to the Planning Commission.

(2)

An application for a TDR permit may only be accepted for filing concurrently with an application for the associated development project pursuant to the requirements of Title 9 of this Code.

(3)

The Planning Administrator shall submit the TDR permit application to the Planning Commission for discretionary approval concurrently with the proposed development project according to the procedures of this Code.

(b)

Submittal requirements. All requirements for a TDR permit shall include the following:

(1)

A map showing the location and boundaries of the receiving parcel and sending parcel;

(2)

The acreage of the receiving parcel and sending parcel;

(3)

The zoning and current allowable base density of the receiving and sending parcels;

(4)

Written consent to the transfer from all registered owners of all property subject to the transfer of development rights;

(5)

A calculation of the number of units available to be transferred from the sending parcel and the total number of dwelling units requested to be transferred to the receiving parcel. Any fraction of a unit of .50 or greater shall be considered as a whole unit;

(6)

A site plan that demonstrates that all applicable design standards and parking requirements can be met with the additional transfer units;

(7)

A statement of how the sending and receiving parcels fulfill the criteria set forth in this article;

(8)

The Planning Administrator may require the submission of other data, information, or drawings as deemed necessary to accomplish the purposes of this chapter.

(c)

Approval process and criteria.

(1)

The procedures for approval of an application for a TDR permit shall be as set forth in Article 32 of Chapter 4 of Title 9 of this Code. The Planning Commission shall approve a TDR permit only upon making the following findings: (a) that the criteria set out in Section 9-4.4204 (b) herein are met; and, (c) that the transfer will result in the permanent preservation of open space land with natural, scenic, agricultural, or recreational value, or in the preservation of undeveloped land subject to geotechnical hazard or flooding.

(2)

Approval of an application for a TDR permit is discretionary. The Planning Commission or City Council on appeal may approve, deny or conditionally approve such a permit, and may impose such conditions as it deems appropriate to accomplish the goals of this article and to mitigate any adverse impacts of such application.

(d)

Requirements for final approval. Approval of a TDR permit shall not be finalized until such time as the following have been accomplished:

(1)

Final approval of the concurrent development project according to the provisions of this Code;

(2)

Execution of an instrument legally sufficient in both form and content to effect such development rights transfer;

(3)

Recordation of either an open space or conservation easement or deed restriction, as specified by the City, on all of the sending parcels from which development rights are obtained. A copy of the recorded easement or deed restriction shall be submitted to the Planning Administrator, who shall certify that all of the development rights on each sending parcel are removed, and, in the case of an easement, that the easement has been offered to the City or other qualified public agency or nonprofit entity;

(4)

The open space or conservation easement or deed restriction shall be approved as to form and content by the City Attorney. The document shall notify all owners and successors that the transfer and its concomitant restrictions shall run with the land and be binding on all future owners. For all sending parcels, the easement or deed restriction shall be sufficient to retire all development rights upon the sending parcel.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Sec. 9-4.4208. - Exemption from fees and other requirements.

(a)

With the exception of those Code requirements set out in Section 9-4.4202 herein, a development project which relies upon a transfer of development rights shall comply with all other applicable requirements of

this Code for such a project. However, in order to encourage the use of the transfer of development rights program, projects containing approved transfer units may be exempted from certain fees and requirements normally imposed by the City. Such exemption may be appropriate because there is a clear public benefit to be gained through the program in the preservation of valuable environmental, open space and recreational resources. In addition, exemptions from certain City fees will prevent a duplication of requirements for owners of receiving parcels who are providing open space and recreation land through the purchase of transferable development rights. Any such exemptions shall only be granted pursuant to the procedures set out in this section.

(b)

Upon application for TDR permit, the applicant may make application for exemption from park land dedication requirements as set out in Section 10-1.803 of the City's subdivision title. Such a request shall be reviewed according to the procedures set out in Section 10-1.803 and must be approved by the Planning Commission.

(c)

Upon application for a TDR permit, the applicant may also apply for a reduction or exemption from the following fees for the transfer units:

(1)

Capital improvement fees pursuant to Article 2 of Chapter 4 of Title 7 of this Code; and

(2)

Traffic impact mitigation fees pursuant to Title 8 of this Code.

Such reduction or exemption must be approved by the City Council.

(d)

In conjunction with the TDR permit, an applicant may also apply to the Planning Commission for a reduction from open space, setback, coverage, landscaping and parking requirements for the transfer units upon a showing that such will not adversely impact project residents, adjacent residents or the character of the adjacent neighborhood. Any such reduction is discretionary and shall be approved by the Planning Commission in conjunction with its review of the TDR permit and project application.

(§ 1, Ord. 539-C.S., eff. December 27, 1989)

Article 43. - Coastal Zone Combining District

The purpose of this article is to establish a Coastal Zone Combining District, known as the CZ District, for the entire Pacifica Coastal Zone. This District will be superimposed over the underlying basic zones and will supplement the regulations and requirements of those zones. Consistent with the California Coastal Act, the intent of these regulations is to:

(a)

Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone and its natural and built resources;

(b)

Assure orderly, balanced use and conservation of resources within the coastal zone, taking into account the social and economic needs of the people of the state;

(c)

Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners;

(d)

Assure priority for coastal-dependent and coastal-related development over other types of development in the coastal zone;

(e)

Encourage state and local initiatives and cooperation in procedures used to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4301. - Applicability.

The provisions of this article shall apply to all areas within the CZ District and supplement regulations of the underlying basic zones. In case of conflict between the provisions of this article and those of the underlying basic zones, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4302. - Definitions.

Unless otherwise apparent from the context, certain words and phrases used in Article 43, Coastal Zone Combining District; Article 44, Coastal Development Regulations; and Article 45, Special Area Combining Districts are defined below:

(a)

Access, Public Shoreline. "Public shoreline access" means a path, trail, or area which provides physical or visual public access to the shoreline. Types of access include lateral access along a coastal bluff or along a beach, or vertical access to or across a coastal bluff, beach, scenic overlook, or viewing area.

(b)

"Adverse environmental impact" shall mean a change or effect brought on by an action or land use which has a negative or degrading effect on the surrounding environment.

(c)

"Aggrieved person" shall mean any person who, in person or by other appropriate means, informs the City of concerns about coastal development permit requirements or procedures, and wishes to appeal any action approving or denying such a permit. For purposes of appeal to the Coastal Commission, this means any person who, in person or through a representative, appeared at a City public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.

(d)

"Appeal" shall mean a request for a decision to be reviewed by an appeals board or other hearing body, made by an aggrieved person or public agency.

(e)

"Applicant" shall mean a person, partnership, corporation, sole proprietorship, or state or local government agency applying for a coastal development permit.

(f)

"Buffer" shall mean an area of land adjacent to primary habitat, which may include secondary habitat as defined by a qualified biologist or botanist, and which is intended to separate primary habitat areas from new development in order to ensure that new development will not adversely affect the San Francisco garter snake and wetlands habitat areas.

(g)

"California Environmental Quality Act (CEQA)" shall mean the law, enacted in 1970, which sets forth requirements for California governmental agencies to develop standards and procedures necessary to protect environmental quality and establishes regulations for environmental review of projects which may result in an adverse environmental impact unless adequate mitigation measures are ensured.

(h)

"California Coastal Act" shall mean the law, enacted in 1976 by the California State Legislature, which sets forth goals and policies for the conservation and development of the State's 1,110-mile coastline.

(i)

"California Coastal Commission" shall mean the permanent coastal management and regulatory agency to assure that goals and policies regarding coastal development are reflected in state and local decisions.

(j)

"Categorical exemption from CEQA" shall mean projects which do not have a significant effect on the environment are exempt from the provisions of the CEQA guidelines, including:

(1)

Activities which are not projects as defined in Section 15378 of CEQA; or

(2)

Projects which have been granted an exemption by statute or categorical exemption; or

(3)

Activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

(k)

"City Council" shall mean the City Council of the City of Pacifica.

(l)

"Cluster development" shall mean a method of development in which many dwelling units are placed close together or attached, usually for the purpose of preserving nearby open space.

(m)

"Coastal bluff" shall mean a natural high bank or bold headland with a broad, almost perpendicular cliff face overlooking the ocean, subject to coastal erosion and with a vertical relief of at least ten (10′) feet in height.

(n)

"Coastal dependent use" shall mean any development or use which requires a site on or adjacent to the coast in order to be functional.

(o)

"Coastal developmental permit" shall mean a permit for any development within the coastal zone required pursuant to the California Coastal Act, Section 30600(a).

(p)

Coastal Development Permit, Administrative. "Administrative coastal development permit" shall mean a coastal development permit which can be administratively issued by the Director in cases where proposed development is deemed minor in nature, but nevertheless requires coastal development permit review. Administrative permits are intended to reduce processing time and shorten hearing agendas.

(q)

Coastal Development Permit, Emergency. "Emergency coastal development permit" shall mean an emergency permit is an authorization by the Director to proceed with any development which is remedial,

immediate, and temporary to respond to an urgent and critical situation provided that later compliance with local coastal planning permit requirements is assured if the development is to be permanent.

(r)

"Coastal emergency" shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(s)

"Coastal view corridor" shall mean an area, identified in the LCP Land Use Plan, as significant for providing visual access to and of the Pacific Ocean.

(t)

"Coastal zone, appeals zone" shall mean the area, including the following projects, which may be appealed to the California Coastal Commission pursuant to the California Coastal Act, Section 30603:

(1)

Developments approved by the City Council between the sea and the first through public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater distance; or

(2)

Developments approved by the City Council that are not included in (t)(1) above but are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff; or

(3)

Developments approved by the City Council that are not included in (t)(1) or (t)(2) above that are located in a sensitive coastal resource area; or

(4)

Any development which constitutes a major public works project or a major energy facility.

(u)

Coastal Zone, California. "California Coastal Zone" shall mean a zone which generally extends inland 1,000 yards from the mean high tide line of the sea from California's border with Oregon to the border of the Republic of Mexico. In areas of significant coastal estuarine, habitat, and recreational value, the coastal zone extends inland to the first major ridgeline paralleling the sea or five (5) miles from the mean high tide line of the sea, whichever is less.

(v)

Coastal Zone, Pacifica. "Pacifica Coastal Zone" shall mean that portion of the California coastal zone which lies within the City of Pacifica, as established by the California Coastal Act and as may be subsequently amended by the State of California.

(w)

"Dedication" shall mean the granting by an owner or developer of interest in private land for public use, and the acceptance of such interest in land for such use by the governmental agency having jurisdiction over the public function for which it will be used.

(x)

"Deed restriction" shall mean a restriction which describes limitations placed on a property and its use, usually made as a condition of sale, and which under certain circumstances may bind both current and future owners.

(y)

"Department" shall mean the City of Pacifica Planning Department.

(z)

"Development" shall mean on land, or in or under water within the Pacifica Coastal Zone, the following:

(1)

The placement or erection of any solid material or structure;

(2)

The discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste;

(3)

The grading, removing, dredging, mining or extraction of any material;

(4)

A change in the density or intensity of use of land, including subdivisions and any other division of land, except where a division occurs as a result of a purchase by a public agency for public recreational use;

(5)

A change in the intensity of use of water, or of access thereto;

(6)

The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and

(7)

The removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

(aa)

"Director" shall mean the City of Pacifica Planning Director, or her/his designee.

(ab)

"Easement" shall mean a legal agreement between a property owner(s) and a permitting authority to restrict development of property, or portions thereof. An easement limits the type and amount of activity that can be done on the property in order to protect a significant valuable resource, including outdoor recreation and education, public access, scenic enjoyment, agricultural lands, and/or natural habitat.

(ac)

"Environmental Impact Report (EIR)" shall mean a report prepared pursuant to CEQA which details the impact or consequence which a particular project will have on the surrounding environment.

(ad)

"Environmentally sensitive habitat" shall mean an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and which would be easily disturbed or degraded by human activities or development.

(ae)

"Feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(af)

"Habitat survey" shall mean a field survey conducted by a qualified biologist or botanist hired by the applicant to identify potential environmentally sensitive habitats.

(ag)

"Improvement" shall mean physical changes to a structure which do not:

(1)

Change the intensity of its use;

(2)

Increase the floor area, height, or bulk of the structure by more than ten (10%) percent;

(3)

Block or impede access; or

(4)

Result in a seaward encroachment by the structure.

(ah)

Local Coastal Program, Pacifica. "Pacifica Local Coastal Program" shall mean the long-term coastal management plan of Pacifica. The Local Coastal Program (LCP) includes a land use plan, a zoning ordinance, zoning district maps, and implementing actions for sensitive coastal resource areas, which together meet the requirements of and implement the provisions and policies of the California Coastal Act at the local level.

(ai)

LCP Land Use Plan, Pacifica. "Pacifica LCP Land Use Plan" shall mean relevant portions of the Local Coastal Program adopted by the Pacifica City Council and certified by the California Coastal Commission as the governing land use plan for the Pacifica Coastal Zone to indicate the kinds, location, and intensity of land uses, and applicable resource protection and development policies.

(aj)

"Mitigation measures" shall mean actions or measures taken to ameliorate, alleviate, eliminate or avoid an undesirable occurrence to the extent reasonably feasible.

(ak)

"Native vegetation" shall mean plants which are native to a particular area.

(al)

"Negative declaration" shall mean a written statement briefly describing the reasons that a proposed project will not result in any significant adverse environmental impacts and therefore does not require an EIR.

(am)

"Net developable area" shall mean the area of a parcel determined by a geologist to remain usable throughout the design life of the project and determined to be adequate to withstand a 100-year hazard event.

(an)

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

(ao)

"Public works" shall mean the following:

(1)

All production, storage, transmission and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

(2)

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

(3)

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

(4)

All community college facilities.

(ap)

"Prominent ridgeline" shall mean a designation assigned to the ridgeline portion of the most visible and scenic of the City of Pacifica's ridge areas.

(aq)

"Rare and/or endangered species" shall mean those animal or plant species identified as rare, endangered, and/or threatened by the United States Department of Interior Fish and Wildlife Service, or the California Department of Fish and Wildlife.

(ar)

"Ridgeline development" shall mean development on a crest of a hill or prominent landform which has the potential to create a silhouette or other substantially adverse environmental impact when viewed from a common public viewing area, such as a public road.

(as)

"Safety improvements" shall mean improvements made to a home or facility which improve the structural and emergency safety of the building.

(at)

"Sensitive coastal resource" shall mean identifiable and geographically bounded land and water areas within the coastal zone which are of vital interest and sensitivity, including:

(1)

Special marine and land habitat, wetlands, lagoons, and estuaries, as mapped and designated in Part 4 of the California Coastal Plan;

(2)

Areas possessing significant recreational value;

(3)

Highly scenic areas;

(4)

Archeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer;

(5)

Special communities or neighborhoods which are significant visitor destination areas;

(6)

Areas that provide existing coastal housing or recreational opportunities for low-income and moderateincome persons; and

(7)

Areas where land divisions could substantially impair or restrict coastal access.

(au)

"Shoreline" shall mean natural contour, materials, topography, and biology of the ocean edge, extending inland to the mean high tide line as recorded during the winter months.

(av)

"Visitor-serving use" shall mean commercial and recreational uses which provide goods and/or services needed by, or of particular interest to, visitors. Such uses shall include, but not be limited to:

(1)

Motels;

(2)

Hotels;

(3)

Restaurants;

(4)

Delicatessens;

(5)

Crafts and art galleries;

(6)

Retail uses of interest to visitors;

(7)

Recreational and sporting equipment sales and rentals;

(8)

Campgrounds; and

(9)

Bait and tackle shops.

(aw)

"Wetland" shall mean land which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, streams, creeks, open or closed brackish water marshes, swamps, mudflats, or fens.

(§ VI, Ord. 610-C.S., eff. March 16, 1994, as amended by § 19, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.4303. - Coastal development permit requirement.

(a)

Applicability. The provisions of this section shall apply to any person, partnership, corporation, or state or local government agency wishing to undertake any development within the CZ District.

(b)

Procedures. The provisions of Section 9-4.4304, Coastal Development Permit Procedures and Findings, shall apply to the issuance of all coastal development permits within the CZ District. A coastal development permit application shall be submitted to the Director in writing, on a form prescribed by the Department. This application shall include information required in Section 9-4.4304 and any other information deemed necessary by the Director to adequately assess and evaluate the proposed development with respect to applicable City policies and environmental constraints.

(c)

Appeals. The provisions of Section 9-4.4305, Coastal Development Permit Appeal, shall apply to any person aggrieved by any decision, action, interpretation, or enforcement of this article. Any person aggrieved by any action or decision of the Planning Commission, may appeal to the City Council and to the California Coastal Commission where authorized by the California Coastal Act.

(d)

Administrative coastal development permit. The provisions of Section 9-4.4306, Administrative Coastal Development Permit, shall apply to all cases where the Director determines that an administrative coastal development permit is appropriate because the proposed development is minor in nature.

(e)

Emergency coastal development permit. The provisions of Section 9-4.4307, Emergency Coastal Development Permit, shall apply where the Director determines that an emergency coastal development permit is necessary as an urgency measure to protect life and property from imminent danger or to restore, repair, or maintain public works, utilities, or services during and immediately following a natural disaster or serious accident within the CZ District. The decision to issue an emergency permit may be made solely at the discretion of the Director.

(f)

Permanent environmental protection. The provisions of Section 9-4.4308, Permanent Environmental Protection, shall apply where it is determined that permanent land restrictions are required for coastal development permit approval in order to protect sensitive coastal resources or to ensure public shoreline access within the CZ District.

(g)

Neighborhood commercial district supplementary regulations. The provisions of Section 9-4.4410, Neighborhood Commercial District Supplementary Regulations, shall apply to all property zoned C-1, Neighborhood Commercial, and C-2, Community Commercial, located in the CZ District. The purpose of these regulations is to encourage the establishment of new visitor-serving commercial uses, thereby providing convenient and functional shopping and services for persons using the coastal zone, while still assuring that nearby residents retain a range of services and retail uses.

(h)

Exemptions. The following projects shall be exempt from the requirement for a coastal development permit from the City of Pacifica:

(1)

Development on tidelands, submerged lands, or public trust lands which require a permit from the California Coastal Commission pursuant to the California Coastal Act, Section 30519; and

(2)

Improvements of less than ten (10%) percent increase in building height, bulk or floor area to existing single-family structures and improvements normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds, and landscaping, but not including guest houses or selfcontained residential units. However, a permit shall be required in the following situations because they involve a risk of adverse environmental impact:

(i)

Improvements to a single-family structure on, abutting, or adjacent to a beach or wetland, or where the structure or proposed improvement would encroach within fifty (50′) feet of a coastal bluff;

(ii)

Significant alteration of landforms, including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty (50′) feet of a coastal bluff;

(iii)

Expansion, replacement or construction of wells or septic systems; or

(iv)

Property located between the sea and the first public road paralleling the sea or within three hundred (300) feet of a beach or of the mean high tide line where there is no beach, whichever is the greater distance.

(3)

Improvements of less than ten (10%) percent increase in building height, bulk or floor area to existing structures other than single-family residences or public works facilities. However, a permit is required in the following situations because they involve a risk of adverse environmental effect:

(i)

Improvements to any structure on, abutting, or adjacent to a beach or wetland or where the structure or proposed improvement would encroach within fifty (50′) feet of a coastal bluff,

(ii)

Significant alteration of landforms, including removal or placement of vegetation on a beach, wetland, or sand dune, or within 100 feet of the edge of a coastal bluff,

(iii)

Expansion or construction of wells or septic systems,

(iv)

Property located between the sea and the first public road paralleling the sea or within 300 feet of a beach or of the mean high tide line where there is no beach, whichever is the greater distance, or

(v)

Any improvement to a structure which changes the nature of the use;

(4)

Repair or maintenance activities and safety improvements to seawalls, revetments, bluff retaining walls, breakwaters, groins, or other similar activities that do not result in an addition to, or enlargement or expansion of the improvement or maintenance activities. However, a permit is required for the following types of repair of maintenance because they involve a risk of adverse environmental impact:

(i)

Substantial alteration of the foundation of the protective work, including pilings and other surface or subsurface structures,

(ii)

Placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, and lakes, or on a shoreline protective work,

(iii)

Replacement of twenty (20%) percent or more of the materials of an existing structure with materials of a different kind,

(iv)

Presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any land area, beach or bluff, or within twenty (20′) feet of a beach, wetland or coastal stream, and

(v)

Replacement of fifty (50%) percent or more, under one ownership, unless the object of repair was destroyed by natural disaster;

(5)

Installation or replacement of any necessary utility connection between an existing service facility and any approved development. The City may require reasonable conditions to mitigate any adverse environmental impacts on sensitive coastal resources, where necessary;

(6)

Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of the improvement or maintenance activities such as:

(i)

Repaving of existing roadways, bikeways and sidewalks, periodic maintenance of roadway landscaping and rest stops,

(ii)

Repair, maintenance and minor alteration of utilities, sewers, flood control and public work facilities that do not increase in capacity or are required to restore service or prevent service outages,

(iii)

Installation, maintenance and repair of underground electrical facilities and the conversion of existing overhead facilities to underground facilities, provided the work is limited to public road or railroad rights-ofway or public utility easements and provided the site is restored as closely as reasonably possible to its original condition,

(iv)

Removal of minor vegetation of maintenance purposes. Within environmentally sensitive habitats, the weed abatement exemption shall apply only to removal of non-native species,

(v)

Installation of new safety devices and pollution control facilities within existing structures or equipment where land coverage, height, or bulk will not be increased,

(vi)

Grading of fifty (50) cubic yards or less outside an established public or private right-of-way, provided that this exemption shall not apply within an environmentally sensitive habitat area,

(vii)

Repair and maintenance of existing public parks, including the repair or modification of existing public facilities where the level or type of public use or the size of structures will not be altered,

(viii)

Repair and maintenance necessary for on-going operations of an existing facility which does not expand the footprint, floor area, height, or bulk of an existing facility, and the minor modification of existing structures required by governmental safety and environmental regulations where necessary to preserve existing structures which does not expand the footprint, floor area, height, or bulk of an existing structure,

(ix)

Interior remodeling except where such remodeling changes the nature of the use;

(7)

Replacement of any structure, other than a public works facility, destroyed by natural disaster. Nonconforming buildings and uses destroyed by natural disaster shall comply with the provisions set forth in Article 30, Section 9-4.3002, Continuance of Nonconformities;

(8)

Projects undertaken by federal agencies;

(9)

Developments authorized by a valid coastal development permit issued by the California Coastal Commission or in areas where the California Coastal Commission retains the original permit jurisdiction;

(10)

Land divisions brought about in connection with the acquisition of such land by a public agency for recreational purposes; and

(11)

Replacement of any structure, other than a public works facility, destroyed by natural disaster. Nonconforming buildings and uses destroyed by natural disaster shall comply with the provisions set forth in Article 30, Section 9-4.3002, Continuance of Nonconformities.

(i)

Categories of excluded development. Pursuant to Public Resources Code (PRC) Section 30610(e), specific developments within the coastal zone of the City are categorically excluded from the coastal development permit requirements of the Coastal Act and the Pacifica Local Coastal Program as specifically provided under the categories listed below.

(1)

Lot line and boundary adjustments. Lot line and boundary adjustments as defined in Section 66412(d) of the California Government Code (Subdivisions Map Act) between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. However, a costal development permit shall be required if the lot line or boundary adjustment would:

(i)

Result in a parcel that did not meet all of the area and dimension requirements of the zoning district in which the parcel is located,

(ii)

Result in a greater degree of nonconformity to a parcel, including structures thereon, where a nonconformity to zoning area and dimension requirements already exists, and

(iii)

Result in a parcel whose only buildable area is located within one or more of the exceptions under subsection (i)(7) of this section;

(2)

Classes of single-family residences no larger than two (2) stories, built on lots zoned for single-family residences as a principal permitted use and which meet all zoning standards.

(i)

New single-family residences no larger than two (2) stories, built on lots zoned for single-family residences as a principal permitted use and which meet all zoning standards,

(ii)

Additions to existing single-family residences provided that the structure, including the addition, does not exceed two (2) stories and meets all zoning standards. In addition, single-family residential projects within the appeal jurisdiction shall be less than a ten (10%) percent increase in building height, bulk, or floor area of the existing structure;

(iii)

Improvements normally associated with single-family residences such as garages, swimming pools, fences, storage sheds, and landscaping, but not including guest houses or self-contained residential units; and

(iv)

Second residential units which meet all of the criteria as set forth in Pacifica Municipal Code 9-4.4.5. However, a coastal development permit shall be required for new single-family residences and for new second residential units located within the Coastal Commission's appeal jurisdiction as defined in PRC 30603(a)1-5 because a risk of adverse environmental impact is involved.

(3)

Grading. Grading of fifty (50) cubic yards or less;

(4)

Removal of nonheritage trees and vegetation. Removal of vegetation or any tree which is not a heritage tree. (A heritage tree is defined as follows: All trees (excluding eucalyptus) which have a trunk with a circumference if fifty (50″) inches (approximately sixteen (16″) inches in diameter) or more, measured at twenty-four (24″) inches above the natural grade; or a tree or grove of trees, including eucalyptus, designated by resolution of the Council to be of special historical, environmental, or aesthetic value.) However, a permit shall be required for the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan and if located within one or more of the resource areas defined in subsection (i)(7) of this section, Exceptions;

(5)

Minor improvements to public works and public facilities. Reconstruction, upgrading, replacement or rehabilitation, of minor public facilities (including, but not limited to parking lots, minor road improvements, curbs, sidewalks, bicycle lanes, water and sewer systems and drainage inputs). However, a permit shall be required if the improvement constitutes a major public works project as defined under Section 13012 of the California Code of Regulations;

(6)

Temporary events. Temporary events not involving the construction of any permanent structures, including but not limited to the following activities:

(i)

Commercial promotional events. Sidewalk sales, not lasting more than three (3) days, and 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 commercial district. No person or group shall undertake or establish such activities without first securing written approval from the Zoning Administrator pursuant to the review procedure within Section 9-4.2302(a)(1—6) of the zoning code. However, a coastal development permit shall be required for temporary events which occupy sandy beach areas not within the coastal commission's permit jurisdiction if it is determined that the event would pose an adverse effect on sensitive coastal resources, including plant and animal habitats, or would preclude the general public from use of a public recreational area for a significant period of time in all zoning districts,

(ii)

Commercial uses outside structures. Sidewalk sales, not including peddlers, on public or private property, not lasting more than three (3) days, and conducted in a manner sufficient to allow safe pedestrian and wheelchair passage onto or along the sidewalk where such activity is being conducted shall be allowed in any commercial district, and

(iii)

Christmas trees, pumpkins, and fireworks. The sale, display, and storage of Christmas trees and accessories therefor 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, and the sales, displays, and the storage of pumpkins between October 1 and November 5 of any year as provided in Section 9-4.2308;

(7)

Exceptions. Any project described in subsections (i)(1) through (6) of this section which is located within the following areas is not excluded and will require a coastal development permit:

(i)

Any development within tide and submerged lands, beaches, and all lands and waters subject to the public trust (i.e., the Coastal Commission's permit jurisdiction) and lots or parcels immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach (i.e., the City's permit jurisdiction),

(ii)

Development located within an area of deferred certification,

(iii)

Development located within an environmentally sensitive habitat area,

(iv)

Development located within the 100-foot-wide buffer area of an environmentally sensitive habitat area, as measured from the outside edge of the habitat area,

(v)

Development within a known or potential landslide area,

(vi)

Development located on a slope in excess of thirty-five (35%) percent,

(vii)

Development which would preclude the general public from use of, or access to, a public recreational area for a significant period of time, and

(viii)

Development located on a ridge-top.

(§ VI, Ord. 610-C.S., eff. March 16, 1994, as amended by § I, Ord. 620-C.S., eff. December 14, 1994; § 19, Ord. 825-C.S., eff. November 8, 2017; § 13, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 3, eff. September 22, 2021)

Sec. 9-4.4304. - Coastal development permit procedures and findings.

(a)

Applicability. Except as provided in Sections 9-4.4306, Administrative Coastal Development Permit, and 9- 4.4307, Emergency Coastal Development Permit, the provisions of this section shall apply to the issuance of all coastal development permits within the CZ District.

(b)

Preapplication conference. An applicant may request a preapplication conference with the Director prior to formal submittal of a coastal development permit application. The purpose of this conference is to:

(1)

Acquaint the applicant with applicable City policies, plans, and requirements as they apply to particular property;

(2)

Inform the applicant of all steps necessary prior to formal action on the project; and

(3)

Determine, based on background documentation found in the LCP Land Use Plan, currently available resource information, or through the Director's on-site investigation, if any of the following surveys or plans are required as established by Article 44, Coastal Development Regulations:

(i)

Habitat Preservation, Section 9-4.4403(b),

(ii)

Geotechnical Suitability, Section 9-4.4404(b),

(iii)

Grading and Drainage, Section 9-4.4405(a),

(iv)

Shoreline Protection, Section 9-4.4406(b),

(v)

Public Shoreline Access, Section 9-4.4407(a), and

(vi)

Coastal View Corridors, Section 9-4.4408(a).

(c)

Application. A coastal development permit application shall be submitted to the Director in writing on a form prescribed by the Department. This application shall include the following information:

(1)

Location map identifying the area to be developed in relation to nearby properties, streets, highways and major natural features such as the ocean, beaches, wetlands and major landforms;

(2)

Site plan;

(3)

Building elevations;

(4)

Special studies, surveys, reports, or similar supplemental information to adequately review and assess development, as prescribed in Article 44, Coastal Development Regulations;

(5)

A nonrefundable filing fee which shall be established by the City Council;

(6)

Any such other information deemed necessary by the Director to adequately assess and evaluate the proposed development with respect to applicable City policies and environmental constraints; and

(7)

Any materials and information required for public notice.

(d)

Application review. The Director shall review all coastal development permit applications. An application shall be accepted as complete only if it contains all required materials. Once an application is received, it shall be reviewed as follows:

(1)

The application review period shall not exceed thirty (30) calendar days from the date the application was received by the Department;

(2)

The proposed development will be evaluated to ensure conformance with all requirements of the underlying basic zone and consistency with applicable regulations, the LCP Land Use Plan, the California Coastal Act, and the Interpretive Guidelines of the California Coastal Commission;

(3)

Upon completion of the review, the Director shall determine if additional information is necessary in order to evaluate the project and whether the application is complete;

(4)

On or before the end of the thirty (30) day review period, the applicant shall be notified in writing that the application is either complete or incomplete. If the application is incomplete, the applicant will be notified of any additional requirements and the manner in which the application can be made complete. The applicant may appeal the Director's request for additional information to the Planning Commission;

(5)

The Director shall make an environmental determination as to whether the proposed project is subject to or exempt from CEQA; and

(6)

If a project is subject to CEQA, an environmental information form shall be completed by the applicant. Based on the initial study, the Director shall determine whether the project requires an EIR or whether a negative declaration may be filed for the project.

(e)

Posting. Within ten (10) calendar days after an application for a coastal development permit is accepted as complete for filing, the applicant shall post, in a conspicuous place on the development site and at the nearest public library, a notice provided by the Director indicating that a coastal development permit application has been submitted. This notice shall include the file number and a general description of the proposed project along with the telephone number of the Department. Failure by the applicant to post or maintain such a notice throughout the permit review process shall constitute grounds for the suspension of the permit process by the Director, Planning Commission or City Council.

(f)

Planning Commission hearing. The Director shall determine whether a public hearing shall be held before the Planning Commission, and shall so notify the applicant within seven (7) calendar days after the application has been determined complete.

(g)

Notice by mail. At least seven (7) calendar days prior to the first public Planning Commission hearing on a proposed coastal development, the Director shall provide notice by first-class mail of the pending coastal development permit application to:

(1)

The applicant and agent;

(2)

Property owners within 300 feet and residents within 100 feet, of the proposed project;

(3)

Anyone who has requested to be on the mailing list for the proposed development or the mailing list for all coastal decisions within the City; and

(4)

The California Coastal Commission.

(h)

Content of notice by mail. Public notice by mail shall contain the following information:

(1)

A statement that the development is within the CZ District;

(2)

Name of the applicant;

(3)

Application file date and number;

(4)

Description of the nature of the proposed development and its proposed location;

(5)

Date, time, and place at which the application will be heard by the Planning Commission, or the City Council on appeal;

(6)

Brief description of the procedure for conduct of hearings and actions; and

(7)

The procedure for local and California Coastal Commission appeals, including any local fees required.

(i)

Posted notice. At least seven (7) calendar days prior to the first public Planning Commission hearing on a coastal development permit application, the Director shall post notices in at least three (3) public places near the proposed development.

(j)

Published notice. At least ten (10) calendar days prior to the first public Planning Commission hearing on a coastal development permit application, the Director shall publicly notice the pending coastal development permit application in a published newspaper having general circulation within the City. Such notice shall contain the information required in subsection (h) above, excluding (h)(6) and (h)(7).

(k)

Public hearing and required findings. A coastal development permit may be issued after a public hearing by the Planning Commission, or the City Council on appeal, based on specific, detailed findings that:

(1)

The proposed development is in conformity with the City's certified Local Coastal Program; and

(2)

Where the Coastal Development Permit is issued for any development between the nearest public road and the shoreline, the development is in conformity with the public recreation policies of Chapter 3 of the California Coastal Act.

(l)

Effective date of coastal development permit.

(1)

For non-appealable projects, the coastal development permit shall be effective at the conclusion of the final action by the City.

(2)

For appealable projects, the City's final action shall become effective after the ten (10) working day appeal period to the Coastal Commission has expired, unless the permit is appealed to the California Coastal Commission where such appeal is authorized by law. The effective date in such circumstances shall then be the date of final action by the Commission.

(m)

Final local action. Final local action is the date when the Planning Commission or, in the case of an administrative permit, the Director has approved or denied a coastal development permit, or if appealed, the City Council has approved or denied a coastal development permit.

(n)

Notice of final local action. Within seven (7) calendar days of the date of the final local action on a coastal development permit, a notice shall be sent to the California Coastal Commission and to any person who specifically requests such notice by submitting a self-addressed, stamped envelope. Such notice shall include:

(1)

Written findings of fact required for permit approval or denial;

(2)

Conditions of approval, if any; and

(3)

Procedures for appeal of the action to the California Coastal Commission if the development is within the Appeals Zone.

(o)

Effect of coastal development permit on any other local permit. No other local permit shall be effective where a coastal development permit is required until the effective date of the coastal development permit. A permit shall be effective only in accordance with the terms and conditions of the coastal development permit granted.

(p)

Consolidation of permit actions. A coastal development permit application shall be made prior to or concurrently with application for any other permit or approvals required for the project. To the extent feasible, action on a coastal development permit shall be taken concurrently with other required permits in accordance with the coastal development permit hearing and noticing provisions of this section. To the maximum extent feasible, all functionally related developments to be performed by the applicant should be the subject of one permit application.

(q)

Expiration. Coastal development permits shall become null and void if not exercised within one year after the effective date of such permit. The permit shall not become null and void if a building permit has been issued and remains valid.

(r)

Renewal. Coastal development permits may be renewed for a period not to exceed one year for any renewal provided, prior to expiration of the permit, an application for renewal is filed with the Director. The Director may grant or deny an application for renewal for one year at a time; provided, however, that no condition of the permit may be added, altered, or amended without meeting all applicable provisions of this section.

(§ VI, Ord. 610-C.S., eff. March 16, 1994; § 19, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.4305. - Coastal development permit appeal.

(a)

Applicability. The provisions of this section shall apply to any person aggrieved by any decision, action, interpretation, or enforcement of this article.

(b)

City Council. Any person aggrieved by any action or decision of the Planning Commission may appeal to the City Council in writing within ten (10) calendar days pursuant to Article 36 of this chapter. Upon appeal, the City Council may approve, deny, or modify the decision of the Planning Commission or refer the matter back to the Planning Commission for reconsideration.

(c)

California Coastal Commission. Actions on coastal development permits may be appealed to the California Coastal Commission, in accordance with the California Coastal Act, Section 30603, provided that all public hearings established by this article have been completed, and that local appeals to the City Council have been exhausted.

(§ VI, Ord. 610-C.S., eff. March 16, 1994, as amended by § 4, Ord. 630-C.S., eff. August 24, 1995; § 19, Ord. 825-C.S., eff. November 8, 2017)

Sec. 9-4.4306. - Administrative coastal development permit.

(a)

Applicability. The provisions of this section shall apply to all cases where the Director determines that an administrative coastal development permit is appropriate because the proposed development is minor in nature, including improvements to an existing structure; a single-family dwelling; an accessory dwelling unit; junior accessory dwelling unit; and development specifically authorized as a principal permitted use in the Pacifica Zoning Code not requiring a use permit, variance, subdivision map, planned development permit, or site development permit.

(b)

Limitations. The Director may not issue an administrative permit if the proposed development:

(1)

) Lies within the California Coastal Commission's continuing permit jurisdiction pursuant to the California Coastal Act, Section 30519, or is appealable to the Commission pursuant to the California Coastal Act, Section 30603. Except, however, the Director may issue an administrative permit for an accessory dwelling unit or junior accessory dwelling unit within the "coastal zone, appeal zone" subject to the provisions in subsection (m); or

(2)

Involves a structure or similar integrated physical construction that lies partly within and partly outside the California Coastal Commission's Appeal Zone. In this case, the entire structure or similar integrated physical construction must be subject to at least one public hearing. As an exception to the public hearing requirement, the Director shall not conduct a public hearing when considering an administrative permit for an accessory dwelling unit or junior accessory dwelling unit in accordance with the provisions in subsection (m); or

(3)

Will have a significant adverse environmental impact, either individually or cumulatively, on sensitive coastal resources.

(c)

Application. An applicant shall submit the materials and information required in Section 9-4.4304, Coastal Development Permit Procedures and Findings, subsections (c)(1), (c)(2), (c)(3), (c)(5), (c)(6) and (c)(7).

(d)

Application review. If the Director receives an application that does not qualify for an administrative coastal development permit, the applicant will be notified that the application must comply with the coastal development permit application procedures set forth in Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(e)

Notice. Prior to the first public hearing on a proposed coastal development, the Director shall provide notice as provided in this subsection.

(1)

Posting. Post notice of receipt of a coastal development permit application pursuant to the procedures of subsection (e) of Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(2)

Notice by mail. Provide notice by first-class mail of the pending public hearing to consider the coastal development permit application pursuant to the procedures of subsections (1) through (4) of subsection (g) of Section 9-4.4304, Coastal Development Permit Procedures and Findings. The content of a mailed notice shall include the information specified in subsection (h) of Section 9-4.4304.

(3)

Posted notice. Post notice of the pending public hearing to consider the coastal development permit application pursuant to the procedures of subsection (i) of Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(4)

Published notice. Publish notice of the pending public hearing to consider the coastal development permit application pursuant to the procedures and content requirements of subsection (j) of Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(f)

Action. The Director may deny, approve or conditionally approve an administrative coastal development permit.

(g)

Effective date of administrative permit. An administrative coastal development permit issued by the Director shall be reported in writing to the Planning Commission and the California Coastal Commission at their first regularly scheduled meeting after the permit is approved. The Director shall prepare and submit a report describing the work administratively authorized to the Planning Commission. Such report shall be available at the meeting and be mailed to all known adverse parties and persons having stated in writing that they wish to receive such notice. The administrative permit shall not be deemed final and effective until the following conditions have been met:

(1)

If three (3) members of the Planning Commission so determine, the issuance of an administrative permit shall be declared invalid, but may, if the applicant wishes to pursue the application, be resubmitted as a coastal development permit application, subject to all provisions of Section 9-4.4304, Coastal Development Permit Procedures and Findings. However, the Planning Commission may not invalidate an administrative coastal development permit for an accessory dwelling unit or junior accessory dwelling unit; and

(2)

The Director has made a decision on the application, the Planning Commission has reviewed the permit application, and all required findings have been adopted and no appeal has been made.

(h)

Amendments. Amendments to an administrative coastal development permit may be approved by the Director. 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 for accepting the application as an administrative permit pursuant to Section 9-4.4306, Administrative Coastal Development Permit Procedures and Findings, then the application shall thereafter be treated in the manner established in Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(i)

Appeal. The decision of the Director may be appealed to the Planning Commission within ten (10) calendar days pursuant to Article 36 of this chapter. Upon appeal, the Planning Commission may approve, deny or modify the decision of the Director. The Planning Commission's decision to approve, deny or modify the decision of the Director may be appealed to the City Council within ten (10) calendar days pursuant to Article 36 of this chapter. Any appeal to the Planning Commission or City Council related to consideration of an accessory dwelling unit or junior accessory dwelling unit shall be conducted as a public hearing.

(j)

Compliance. Any deviation from the application and plans on file with the City shall constitute grounds for the City to revoke the administrative permit and to require a coastal development permit for the entire project, as well as possible enforcement action and penalties.

(k)

Expiration. Administrative coastal development permits shall become null and void if not exercised within one year after the effective date of such permit. The permit shall not become null and void if a building permit has been issued and remains valid.

(l)

Renewal. Administrative coastal development permits may be renewed for a period not to exceed one year for any renewal provided, prior to expiration of the permit, an application for renewal is filed with the Director. The Director may grant or deny an application for renewal for one year at a time; provided, however, that no condition of the permit may be added, altered, or amended without meeting all applicable provisions of this section.

(m)

Accessory dwelling units and junior accessory dwelling units. The provisions of this section shall apply to processing an application for a coastal development permit to construct an accessory dwelling unit, as defined in Article 4.5 of this chapter, except as modified by this subsection.

(1)

Public hearing. The Director shall consider a coastal development permit application for an accessory dwelling unit or a junior accessory dwelling unit administratively without a public hearing.

(2)

Notice. Where this section requires public notice to be provided, the procedures for providing public notice set forth in subsection (e) shall apply to an application to construct an accessory dwelling unit or junior accessory dwelling unit, and to appeals of any approval of an accessory dwelling unit or junior accessory dwelling unit.

(i)

Notice of the Director's consideration of a coastal development permit to construct an accessory dwelling unit or junior accessory dwelling unit shall indicate that a public hearing will not be conducted. The notice shall also indicate the date by which public comments must be received by the Director in order to be considered prior to a decision on the application, with such deadline not less than ten (10) calendar days

from the date of the notice. The notice shall further specify that only written public comments will be accepted, shall include the mailing address to which comments may be submitted, and whenever possible, shall include provisions to submit public comments electronically either by electronic mail, an online form, or other comparable means. Additionally, the notice shall indicate whether the coastal development permit is subject to appeal to the Coastal Commission.

(ii)

Notice of an appeal hearing before the Planning Commission or City Council shall be provided in accordance with the standard provisions of subsection (e) for public hearings.

(3)

Findings. The findings required for approval of a coastal development permit to construct an accessory dwelling unit or junior accessory dwelling unit specified in article 4.5 of this chapter shall be those findings specified in Section 9-4.4304(k) and, for an accessory dwelling unit, in subsections (i) and (ii) below, except that the Director shall not include consideration of the propriety of the accessory dwelling unit use when making findings. The Director's review may include all other permissible considerations, including, without limitation, the potential physical or environmental impacts from development of the site.

(i)

Supplementary Finding No. 1: If the proposed accessory dwelling unit would not provide the required number of off-street parking spaces described in Article 4.5 of this chapter due to an exception, any anticipated on-street parking associated with the accessory dwelling unit will not have a detrimental impact on coastal access, including, without limitation, the availability of on-street parking for use by coastal visitors.

(ii)

Supplementary Finding No. 2: If the proposed accessory dwelling unit would reduce or eliminate existing off-street parking facilities, including, without limitation, parking spaces provided in a garage, carport, or driveway, any anticipated on-street parking associated with the accessory dwelling unit will not have a detrimental impact on coastal access, including, without limitation, the availability of on-street parking for use by coastal visitors.

(4)

Appeals. The Director's determination on an administrative coastal development permit for an accessory dwelling unit or junior accessory dwelling unit shall be subject to the same appeal procedures applicable to all administrative coastal development permits, including that the Planning Commission or City Council shall conduct a public hearing."

(§ VI, Ord. 610-C.S., eff. March 16, 1994; § 19, Ord. 825-C.S., eff. November 8, 2017; § 13, Ord. 854-C.S., eff. February 26, 2020)

Sec. 9-4.4307. - Emergency coastal development permit.

(a)

Applicability. The provisions of this section shall apply where the Director determines that an emergency coastal development permit is necessary as an urgency measure to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services during and immediately following a natural disaster or serious accident within the CZ District. The decision to issue an emergency permit may be made solely at the discretion of the Director, consistent with the provisions of this section.

(b)

Limitations. The Director shall not grant an emergency permit for any development that lies within the California Coastal Commission's continuing permit jurisdiction pursuant to the California Coastal Act, Section 30519. In such areas and for such developments, a request for an emergency permit must be made directly to the California Coastal Commission.

(c)

Application. An emergency coastal development permit application shall be made to the Director in writing, or if, in the opinion of the Director, time does not allow written application, the application may be made verbally in person or by telephone within three (3) calendar days of the disaster or discovery of danger. The application shall:

(1)

Describe the nature or cause of the emergency;

(2)

Identify the location of the protective or preventative work either needed or accomplished to deal with the emergency;

(3)

Explain the circumstances of the emergency that justify the actions taken, including the probable consequences of failing to take action; and

(4)

Complete and file a coastal development permit application within thirty (30) calendar days, as established in Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(d)

Application review. The Director shall submit an informational report explaining the granting of an emergency permit to the California Coastal Commission and the Planning Commission at their next scheduled meetings.

(e)

Expiration. An emergency coastal development permit is valid for sixty (60) calendar days from the date of issuance by the Director. The Director may extend an emergency permit for an additional sixty (60) calendar days if a coastal development permit application is on file but has not been processed.

(f)

Coastal development permit required. Prior to the expiration of the emergency permit, if the Director requests, the applicant shall submit a coastal development permit application for the proposed development as set forth in Section 9-4.4304, Coastal Development Permit Procedures and Findings. Issuance of an emergency coastal development permit may not constitute approval of the development on a permanent basis. Pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings, the City of Pacifica may determine that the emergency coastal development shall be removed, replaced or modified.

(g)

Compliance. Failure to comply with the provisions of this section or failure to properly notice and report by the applicant may result in the removal of the development undertaken pursuant to the emergency permit in its entirety and restoration of the site to its previous condition.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4308. - Permanent environmental protection.

(a)

Applicability. The provisions of this section shall apply where the Director, the Planning Commission, or the City Council determines that permanent environmental protection is required for coastal development permit approval in order to protect sensitive coastal resources or to ensure public shoreline access within the CZ District. Permanent environmental protection may be required as a condition of approval, prior to the issuance of a coastal development permit.

(b)

Findings. The Director, the Planning Commission, or the City Council may determine that the proposed development is required to include a continuous and binding land use restriction through either a deed restriction, easement, offer of dedication, or other conveyance, as a condition of project approval based on any of the following findings:

(1)

Such a restriction is necessary to provide public access to the shoreline, as designated in the Access Component of the LCP Land Use Plan. Where access is not appropriate due to safety concerns or environmental conditions, the applicant may be required to pay an in-lieu fee as established by the City Council, to contribute to the provisions of public shoreline access elsewhere in the CZ District; or

(2)

Such a restriction is necessary to protect sensitive coastal resources, including environmentally sensitive habitat, open space and view corridors; or

(3)

A deed restriction, easement, offer of dedication, or other conveyance describing limitations placed on the property and its use is deemed necessary. This restriction shall be recorded prior to the issuance of a coastal development permit.

(c)

Procedures. Where required pursuant to this section, an offer of dedication of an easement or fee title may be required to be held by and kept on file with the California Coastal Commission for a period of twentyone (21) years. During this period, the City may choose to act as grantee and accept the offer of dedication. If so, a public access or conservation easement, or fee simple dedication, shall be prepared. All coastal development permits subject to conditions which require the recordation of deed restrictions, easements, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures:

(1)

The City Planning Director shall transmit to the Executive Director of the California Coastal Commission for review and approval all legal documents specified in the conditions of approval of a coastal development permit which are necessary to find the development consistent with the Coastal Land Use Plan.

(2)

Prior to the issuance of a coastal development permit by the City, the City Planning Director shall forward, by registered mail, a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the California Coastal Commission for the review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies.

(3)

The Executive Director of the California Coastal Commission shall have fifteen (15) working days from the receipt of the documents in which to complete the review and notify the City Planning Director of recommended revisions, if any.

(4)

The Planning Department may issue the coastal development permit upon the expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the Department within that time period.

(5)

If the Executive Director of the California Coastal Commission has recommended revisions to the applicant, the coastal development permit shall not be issued until the deficiencies have been resolved to the satisfaction of said Executive Director.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Article 44. - Coastal Development Regulations

Sec. 9-4.4400. - Purpose.

The purpose of this article is to establish coastal development regulations that address the variety of special conditions within the CZ District. The intent of these regulations is to:

(a)

Give priority to coastal-dependent commercial uses while at the same time providing sufficient neighborhood-serving commercial uses for local residents;

(b)

Protect scale and character of existing neighborhoods;

(c)

Protect sensitive coastal resources and environmentally sensitive habitat;

(d)

Ensure geotechnical suitability for all development;

(e)

Minimize alteration of the natural topography and major landforms;

(f)

Establish protection measures to minimize coastal bluff erosion and to stabilize the shoreline;

(g)

Maximize public access to and along the shoreline, while protecting the established rights of private property owners; and

(h)

Preserve and enhance coastal view corridors.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-9.4401. - Applicability.

The provisions set forth in this article shall apply to all new development in the CZ District and shall supplement regulations established in the underlying basic zones. If any provisions of this article conflict with any other regulations of this title, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4402. - Definitions.

Unless otherwise apparent from the context, certain words and phrases used this article are defined in Article 43, Coastal Combining District, Section 9-4.4302.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4403. - Habitat preservation.

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to protect, maintain, enhance and restore the following types of environmentally sensitive habitat as identified in the LCP Land Use Plan:

(1)

San Francisco garter snake and its primary and secondary habitat, a species acknowledged as endangered by Federal and State policy; and

(2)

Wetlands.

(b)

Required survey. A habitat survey, prepared by a qualified biologist or botanist, may be required to determine the exact location of environmentally sensitive habitat areas and to recommend mitigation measures that minimize potential impacts to the habitat. This survey shall be submitted to and approved by the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings, for all new development that meets one or more of the following criteria:

(1)

The project site is located within an environmentally sensitive habitat area as documented in the LCP Land Use Plan, or through the Director's on-site investigation and review of resource information; or

(2)

The projected site is or may be located within 100 feet of an environmentally sensitive habitat area and/or has the potential to negatively impact the long-term maintenance of the habitat.

(c)

Survey contents. All habitat surveys shall include, at a minimum, the following information:

(1)

Survey methodology;

(2)

Location map and topographical site plan indicating all existing and proposed structures and roads;

(3)

Any rare and/or endangered plant and animal species, including the habitat envelope and the number of species observed;

(4)

Delineation of all wetlands, streams and water bodies;

(5)

Direct and indirect threats to habitat resulting from new development;

(6)

Delineation of the secondary habitat buffer area to be provided along the periphery of the primary habitat; and

(7)

Mitigation measures to reduce impacts and to allow for the long-term maintenance of environmentally sensitive habitats.

(d)

Development standards for San Francisco garter snake habitat and habitat buffer areas. The following minimum standards shall apply to new development within a San Francisco garter snake habitat area.

(1)

No new development shall be permitted within a recognized primary habitat area;

(2)

Limited new development may be permitted within a recognized habitat buffer area subject to the following standards:

(i)

Public access shall be limited to low-intensity recreational, scientific or educational uses, provided that it is strictly managed, controlled and confined to designated trails and paths;

(ii)

During breeding season, public access and construction activities shall be prohibited or controlled as recommended in the habitat survey;

(iii)

Habitat shall be protected and enhanced to facilitate propagation of the San Francisco garter snake;

(iv)

Alteration of the natural topography shall be minimized;

(v)

Runoff and sedimentation shall not adversely affect habitat areas;

(vi)

Alteration of landscaping shall be minimized unless the alteration is associated with restoration and enhancement of the habitat;

(vii)

Where required, necessary permits shall be obtained from the California Department of Fish and Game and/or the United States Fish and Wildlife Service;

(viii)

All portions of the buffer shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(ix)

The location and extent of development shall result in maximum amount of contiguous open space adjacent to the habitat;

(x)

Potential impacts identified in the habitat survey shall be mitigated to a level of insignificance where feasible; and

(xi)

Mitigation measures identified in the habitat survey shall be made conditions of project approval where necessary to mitigate impacts.

(3)

In the event that new development is not possible because the size of the buffer has rendered the site undevelopable, the buffer may be reduced in width if it can be demonstrated that a narrower buffer is sufficient to protect the habitat and new development may be permitted subject to standards established in subsection (d)(2) above.

(e)

Development standards for wetlands and wetland buffer areas. The following minimum standards shall apply to a wetlands and wetlands habitat area.

(1)

No new development shall be permitted within a recognized wetlands habitat area;

(2)

Limited new development may be permitted within a recognized wetlands habitat buffer area subject to the following standards:

(i)

Wastewater shall not be discharged into any wetland without a permit from the California Regional Water Quality Control Board finding that such discharge improves the quality of the receiving water;

(ii)

All diking, dredging and filling activities shall comply with the provisions of the California Coastal Act, Sections 30233 and 30607.1;

(iii)

Dredge spoils shall not be deposited permanently in areas subject to tidal influence or in areas where public access would be adversely affected;

(iv)

Public access through wetlands shall be limited to low-intensity recreational, scientific or educational uses. Where public access is permitted, it shall be strictly managed, controlled and confined to designated trails and paths as a condition of project approval;

(v)

Alteration of the natural topography shall be minimized;

(vi)

Runoff and sedimentation shall not adversely affect habitat areas;

(vii)

Alteration of landscaping shall be minimized unless the alteration is associated with restoration and enhancement of wetlands;

(viii)

Where required, a permit shall be obtained from the Army Corps of Engineers;

(ix)

New development adjacent to the buffer shall not reduce the biological productivity or water quality of the wetlands due to runoff, noise, thermal pollution or other disturbances;

(x)

All portions of the buffer shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(xi)

Potential impacts identified in the habitat survey shall be mitigated to a level of insignificance where feasible; and

(xii)

Mitigation measures identified in the habitat survey shall be considered and made conditions of project approval where necessary to mitigate impacts.

(3)

In the event that new development is not possible because the size of the buffer has rendered the site undevelopable, the buffer may be reduced in width if it can be demonstrated that a narrower buffer is sufficient to protect the habitat and new development may be permitted subject to standards established in subsection (e)(2) above.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4404. - Geotechnical suitability.

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize risks to life, property, and the natural environment by ensuring geotechnical suitability for all development.

(b)

Required survey. A geotechnical survey, consistent with the City's Administrative Policy No. 34 and prepared by a registered geologist or geotechnical engineer, shall be submitted to the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings, for all new development located in the following settings:

(1)

Areas showing evidence of landslides or landslide potential;

(2)

Areas showing evidence of ground shaking or earth movement;

(3)

Within fifty (50′) feet of a coastal bluff;

(4)

On all slopes greater than fifteen (15%) percent; or

(5)

Within sand dune habitats.

(c)

Survey contents. All geotechnical surveys shall, at a minimum, include the following information:

(1)

Geologic conditions, including soil, sediment, and rock types, and characteristics and structural features such as bedding, joints and faults;

(2)

Evidence of past or potential landslide conditions and their implications for future development, as well as the potential effects of proposed development on landslide activity on-site and off-site;

(3)

Potential ground shaking and earth movement effects of seismic forces;

(4)

Net developable areas;

(5)

Commonly accepted geotechnical standards, including hazard setbacks; and

(6)

Mitigation measures demonstrating that potential risks could be reduced to acceptable levels.

(d)

Development standards. The following standards shall apply to new development in areas identified in Section 9-4.4404(b).

(1)

Except for drainage improvements or unless it can be demonstrated to the Director that no other buildable area exists on the parcel which would permit economically viable development, development shall be prohibited on slopes greater than thirty-five (35%) percent and prominent ridgelines, as defined in the LCP Land Use Plan.

(2)

Land divisions for purposes of development which create parcels whose only buildable areas exist on slopes greater than thirty-five (35%) percent or on prominent ridgelines shall be prohibited;

(3)

The density of new development shall be based on the net developable area, as established in the required geotechnical survey;

(4)

Where the net developable area of a legal lot existing prior to the effective date of this article is determined to be less than the minimum area per dwelling unit allowed in the underlying basic zone, one dwelling unit per parcel shall be permitted provided it complies with all geotechnical standards set forth in this section;

(5)

Consistent with the City's Seismic Safety and Safety Element, new development shall be set back from the coastal bluffs an adequate distance to accommodate a 100-year event, whether caused by seismic, geotechni-cal or storm conditions, unless such a setback renders the site undevelopable. In such case, the setback may be reduced to the minimum extent necessary to permit economically viable development of the site, provided a qualified geologist determines that there would be no threat to public safety and health;

(6)

Proposed access roads shall not significantly contribute to geologic instability, erosion or landslide potential;

(7)

Areas determined by the geotechnical study to be unsuitable for development shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(8)

Potential impacts as identified in the geotechnical survey shall be mitigated to a level of insignificance; and

(9)

Mitigation measures identified in the geotechnical survey shall be considered and made conditions of project approval where necessary to mitigate impacts.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4405. - Grading and drainage.

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit and a grading permit in the CZ District, and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize alteration of the natural topography and major landforms, to foster resource preservation, and to reduce hazards.

(b)

Required plan. A grading and drainage plan, prepared by a licensed landscape architect or engineer, shall be submitted to the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(c)

Development standards. The following standards shall apply to new development.

(1)

The following standards shall apply during project construction:

(i)

Alteration of natural topography and removal of existing trees shall be minimized to the maximum extent feasible so as to maintain the natural surface drainage system;

(ii)

Existing vegetation designated to remain shall be protected by using temporary barriers during grading, construction or related activities;

(iii)

Cut-and-fill surfaces shall be stabilized by planting low maintenance, native groundcover and shrubs;

(iv)

Movement of heavy equipment and machinery shall be restricted to avoid unnecessary soil compaction;

(v)

Grading or operation of heavy equipment within the dripline of any existing tree designated to remain shall be prohibited;

(vi)

If recommended by a landscape architect or civil engineer, diversion channels shall be constructed at the top of the slope and at regular intervals along the slope to prevent water from accelerating down the slope and washing soil away;

(vii)

Topsoil from excavated areas shall be stockpiled for maximum reuse after construction is complete;

(viii)

Removal of sands characteristic of the Pacifica shoreline shall be minimized;

(ix)

Temporary sediment control basins shall be constructed in areas where silt-type soils exist or where silt could enter a drainage channel during construction; and

(x)

Grading shall be conducted in an orderly and timely manner, subject to daily monitoring of wind and precipitation forecasts. During periods of excessive wind, grading shall cease and all grading sites shall be watered as is practically feasible.

(2)

The following standards shall apply to ensure long-term grading and drainage management of the project site:

(i)

Grading of environmentally sensitive habitat areas shall occur only when necessary to protect, maintain, enhance or restore the habitat;

(ii)

Areas of soil or landform disturbance shall be identified, and shall be revegetated with low maintenance, native groundcover and shrubs to reduce erosion potential;

(iii)

Subgrade drainage of all wet soils shall be discharged into natural surface drainage, where feasible;

(iv)

Adequate drainage facilities, including grease and silt traps where necessary to minimize pollutants entering runoff water, shall be provided;

(v)

Potential impacts as identified in the grading and drainage plan shall be mitigated to a level of insignificance; and

(vi)

Mitigation measures identified in the grading and drainage plan shall be considered and made conditions of project approval.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4406. - Shoreline protection.

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize erosion and to stabilize the shoreline in areas along the coastal bluff where ocean wave and tidal action create potentially hazardous or damaging conditions.

(b)

Required survey. A site stability survey, prepared by a qualified soils engineer or engineering geologist, shall be required for new development proposed on coastal bluffs.

(c)

Development standards. The following standards apply to all new development along the shoreline and on coastal bluffs.

(1)

Alteration of the shoreline, including diking, dredging, filling and placement or erection of a shoreline protection device, shall not be permitted unless the device has been designed to eliminate or mitigate adverse impacts on local shoreline sand supply and it is necessary to protect existing development or to serve coastal-dependent uses or public beaches in danger from erosion or unless, without such measures, the property at issue will be rendered undevelopable for any economically viable use;

(2)

Consistent with the City's Seismic Safety and Safety Element, new development which requires sea-walls as a mitigation measure or projects which would eventually require seawalls for the safety of the structures shall be prohibited, unless without such seawall the property will be rendered undevelopable for any economically viable use;

(3)

Required shoreline protection devices shall be designed and sited to consider and reflect:

(i)

Maximum expected wave height,

(ii)

Estimated frequency of overtopping,

(iii)

Normal and maximum tidal ranges,

(iv)

Projected erosion rates with and without a shoreline protection device,

(v)

Impact on adjoining properties,

(vi)

Design life of the device,

(vii)

Maintenance provisions, including methods and materials, and

(viii)

Alternative methods of shoreline protection, including "no project";

(4)

The impact on beach scouring and sand replenishment shall be minimized;

(5)

Water runoff from beneath existing seawalls shall be minimized;

(6)

Existing unauthorized rubble or protective devices shall be removed prior to the approval of additional development in such areas; and

(7)

A geotechnical engineer shall certify that the shoreline protection device will withstand storms comparable to the major winter storms of 1982 and 1983 along the California coast.

(8)

The seawall shall be designed to minimize impacts upon existing lateral and vertical access and in any case shall not result in the blocking of an accessway. In cases where it is not possible to engineer a wall without blocking access, then appropriate mitigation measures shall be incorporated into the design. These measures can include a stairway over the seawall to provide continuous vertical access or a platform over the seawall to provide continuous lateral access.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4407. - Public shoreline access.

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and where public shoreline access is required in the Access Component of the LCP Land Use Plan, and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to maximize public access to and along the shoreline, while protecting the established rights of private property owners.

(b)

Development standards. The following development standards shall apply to all required access provisions.

(1)

To provide separation between shoreline access and residential uses and to protect the privacy and security of residents and homes, any required access easements shall comply with the following setbacks, where feasible:

(i)

The inland edge of lateral shoreline trails shall be at least twenty-five (25′) feet from any occupied or proposed residence. However, in the event a twenty-five (25) foot access buffer will not provide adequate lateral public access in compliance with the access provisions of the Coastal Act or with the Access Component of the LCP Land Use Plan, a narrower access buffer may be required. In no event shall the lateral accessway extend any closer than ten (10′) feet from the residence in question; and

(ii)

The edge of vertical shoreline trails shall be at least ten (10′) feet from any existing or proposed residence.

(2)

Public shoreline access through environmentally sensitive habitat areas shall comply with the provisions established in Section 9-4.4403, Habitat Preservation and the California Coastal Act, Section 30212;

(3)

Public shoreline access improvements such as trails, ramps, railings, viewing areas, restrooms, and parking facilities shall be sited and designed to be accessible to people of limited mobility to the maximum extent feasible;

(4)

Public shoreline access improvements such as trails, stairs, ramps, railings, viewing areas, restrooms, and parking facilities shall be sited and designed to be compatible with the natural character of the shoreline;

(5)

Public shoreline access signage shall identify access location, destination areas, environmentally sensitive habitat, and hazardous conditions, and be compatible with the natural appearance and character of the shoreline by using appropriate color, size, form and material; and

(6)

Any required vertical trail easement shall be at least ten (10′) feet wide. Any required lateral access easement shall be at least twenty-five (25′) feet wide. However, in the event such an easement width would prohibit private use of the real property or render use or development of the site economically infeasible, a narrower access width may be required. In no event shall the lateral access width be less than ten (10′) feet.

(7)

With respect to lateral bluff top access, the easement shall be adjusted inland from the current bluff edge if it recedes inland, but in no event shall the trail be closer than ten (10′) feet to an occupied or proposed residence. Such an inland adjustment shall not occur in the event it would prohibit private use of a site or would render use or development of the site economically infeasible.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4408. - Coastal view corridors.

(a)

Intent. The provisions of this section shall apply to all new development subject to a coastal development permit in the CZ District and within a coastal view corridor as designated in the LCP Land Use Plan. The intent of these provisions is to:

(1)

Protect public views toward and along the ocean and scenic areas;

(2)

Provide visual compatibility with the surrounding character; and

(3)

Restore and enhance visual quality in visually degraded areas.

(b)

Development standards. The following standards shall apply to new development within coastal view corridors.

(1)

Structures shall be sited in order to minimize alteration of natural topography and landforms, tree removal, and grading only to the extent necessary to construct buildings and access roads;

(2)

Structures shall be sited on the least visible area of the property and screened from public view using native vegetation, as feasible;

(3)

Structures shall incorporate natural materials and otherwise shall blend into the natural setting;

(4)

New development shall be consolidated or clustered within the slopes of the natural topography, as feasible;

(5)

Landscape screening and restoration shall be required to minimize the visual impact of new development; and

(6)

New utility and transmission lines shall be placed underground. Development of overhead lines will be considered only if such undergrounding is determined to be infeasible and is approved by the Planning Commission.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4409. - Growth management procedures.

All new development in the CZ District shall be subject to the growth management procedures set forth in the Pacifica Municipal Code, Title 9, Chapter 5, except where exempt pursuant to that chapter.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4410. - Neighborhood commercial district supplementary regulations.

(a)

Purpose. The purpose of these regulations is to encourage the establishment of new visitor-serving commercial uses, thereby providing convenient and functional shopping and services for persons using the coastal zone while ensuring that nearby residents retain a range of services and retail uses which are not usurped by the incursion of non-neighborhood serving uses.

(b)

Applicability. The following regulations shall apply to all property zoned C-1, Neighborhood Commercial, and C-2, Community Commercial, which is located in the CZ District. These regulations shall not apply outside the CZ District.

(c)

Permitted uses. Visitor-serving commercial uses, as defined in Section 9-4.4302, shall be permitted, except as provided in subsection (e)(2) below. All other uses listed as permitted uses in Sections 9-4.1001, C-1 Neighborhood Commercial District, and 9-4.1101, C-2 Community Commercial District, shall require a use permit determination to ensure that the proposed use is consistent with the individual neighborhood narratives, the Plan Conclusions, and other relevant policies of the LCP Land Use Plan. The process for a use permit determination shall be as set forth in Section 9-4.1002(i).

(d)

Conditional uses. Uses specified as conditional uses in Sections 9-4.1001, C-1 Neighborhood Commercial District, and 9-4.1101, C-2 Community Commercial District, unless otherwise indicated in this article, shall be allowed subject to obtaining a use permit.

(e)

Development standards. The following development standards and limitations shall apply to all uses in the CZ District/C-1 Zone and the CZ District/C-2 Zone:

(1)

Applicable standards as set forth in Articles 10 and 11 of this chapter;

(2)

If the proposed visitor-serving commercial use will result in a mix of commercial uses that is not consistent with the provisions of the LCP Land Use Plan, such use may be conditionally permitted, subject to the following criteria:

(i)

The addition of the proposed use will not significantly alter the overall character of the small-scale, residentially oriented features of the neighborhood;

(ii)

The proposed use will not by itself serve to convert the predominant character of the area; and

(iii)

The proposed use will not present a barrier to the efficient functioning of the area as a neighborhoodserving shopping district.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Article 45. - Special Area Combining Districts

Sec. 9-4.4500. - Purpose.

The purpose of this article is to establish a series of Special Area Combining Districts, to be known as SA Districts. The intent of these regulations is to acknowledge and address the particular environmental, physical, and technical constraints and conditions unique to areas within the CZ District.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4501. - Applicability.

Regulations set forth in this article shall supplement regulations found in Article 43, Coastal Zone Combining District, and Article 22, Planned Development District (P-D). Regulations of this article are applicable only to the specific corresponding area designated in the LCP Land Use Plan. In case of conflict between the provisions of this article and any others, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4502. - Procedures.

Prior to or concurrent with approval of any development proposals for Mori Point, the Headlands, Pacifica State Beach, Shelter Cove or Pedro Point Upper Slopes, as located and described in the LCP Land Use Plan, each area shall be rezoned to its applicable SA District, as described herein, and to the Planned Development District (P-D). The underlying basic zone of the property shall be rezoned to P-D in conjunction with development plan approval; however, the SA District and the CZ District shall remain. Coastal Commission approval of such rezoning shall not be necessary as each rezoning implements the regulations contained herein and the policies of the LCP Land Use Plan. All development shall comply with the procedures and regulations as established in this article and in Article 22, Planned Development District. If any provision of the P-D District and the applicable SA District conflict, the provisions of this article shall prevail. For any property which, on the effective date of this article, is zoned P-D and has an approved development plan, the requirement to rezone to SA shall not apply unless a different development plan is proposed.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4503. - Definitions.

Unless otherwise apparent from the context, certain words and phrases used this article are defined in Article 43, Coastal Combining District, Section 9-4.4302.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4504. - General regulations.

The following general regulations shall apply to all new development in the SA Districts.

(a)

Environmental assessment. All new development shall be subject to environmental assessment procedures established in the most current State CEQA Guidelines and Statutes.

(b)

Development plan. A development plan shall be prepared and submitted to the Director for approval, consistent with requirements set forth in Article 22, Planned Development District. This plan shall reflect a well-integrated, comprehensive approach to developing a site, and shall consider the physical, environmental, and technical constraints and conditions of the area.

(c)

Landscaping plan. A landscaping plan shall be prepared by a licensed landscape architect and submitted to the Director for approval. This plan shall provide for landscaping within parking areas, and shall maximize use of native, drought-resistant plant species and minimize use of exotic plant species.

(d)

Commercial development. Commercial development shall emphasize visitor-serving uses, as established in the LCP Land Use Plan.

(e)

Geotechnical suitability. New development shall comply with the provisions set forth in Section 9-4.4404, Geotechnical Suitability.

(f)

Grading and drainage. New development shall comply with the provisions set forth in Section 9-4.4405, Grading and Drainage.

(g)

Coastal view corridors. New development shall comply with the provisions set forth in Section 9-4.4408, Coastal View Corridors.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4505. - SA-1, Mori Point District: Purpose and applicability.

(a)

Purpose. The purpose of establishing the SA-1 District is to acknowledge and address the following environmental conditions and technical constraints unique to Mori Point:

(1)

Presence of environmentally sensitive habitat;

(2)

Serious erosion problems arising from thin soils;

(3)

Indiscriminate public access;

(4)

Panoramic coastal views from Mori Point;

(5)

Difficult beach access; and

(6)

Proximity to the West Fairway Park neighborhood.

(b)

Applicability. The SA-1 District shall apply to property commonly known as "Mori Point," as shown on the northern portion of the Special Area designation on the Sharp Park Golf Course-West Fairway Park-Mori Point-Rockaway Beach Land Use Plan Map contained in the LCP Land Use Plan. The provisions set forth in Sections 9-4.4506 and 9-4.4507 shall apply to all new development in the SA-1 District and shall supplement regulations established in Article 43, Coastal Zone Combining District. If any provisions conflict, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4506. - SA-1, Mori Point District: Uses.

The following uses shall be conditionally permitted in the SA-1 District and shall correspond to the locations specified in the LCP Land Use Plan for Mori Point:

(a)

Lodging facilities;

(b)

Eating establishments;

(c)

Uses specified in Section 9-4.401, R-1 Single-Family Residential District; and

(d)

Uses specified in Section 9-4.1001, C-1 Neighborhood Commercial District.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4507. - SA-1, Mori Point District: Development regulations.

New development within the SA-1 District shall comply with the provisions of this section.

(a)

Commercial composition. Commercial uses shall comprise a minimum thirty (30%) percent of the net developable area. However, if geotechnical studies indicate that the western portion of the district is not suitable for development, less than thirty (30%) percent of the net developable area may be in commercial use.

(b)

Residential density. Maximum allowable density shall be nine (9) dwelling units per acre, except that where special site conditions exist, such as slope, geology, soils, access, public safety, visibility, environmentally sensitive habitat, and the availability of utilities, density may be limited.

(c)

Residential hillside development. Residential hillside development shall be clustered and contoured into the topography of the hillside.

(d)

Habitat preservation. To determine the extent of San Francisco garter snake habitat, a habitat survey shall be required pursuant to Section 9-4.4403, Habitat Preservation. Where a habitat exists, the provisions of Section 9-4.4403 shall apply.

(e)

Permanent environmental protection. Permanent environmental protection may be required to protect any San Francisco garter snake habitat pursuant to Section 9-4.4308, Permanent Environmental Protection.

(f)

Public shoreline access. Due to the potential threat to public safety and the habitat of the San Francisco garter snake habitat, public access to the shoreline shall not be required. However, if the applicant can demonstrate that public access can be provided without adversely affecting the San Francisco garter snake habitat, limited parking for public access may be provided.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4508. - Reserved.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4509. - Reserved.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4510. - Reserved.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4511. - SA-3, Headlands District: Purpose and applicability.

(a)

Purpose. The purpose of establishing the SA-3 District is to acknowledge and address the following environmental conditions and technical constraints unique to the Headlands:

(1)

Panoramic coastal views;

(2)

Difficult beach access;

(3)

Susceptibility to erosion; and

(4)

Value as a local and regional recreation area.

(b)

Applicability. The SA-3 District shall apply to property commonly known as the "Headlands," as shown on the northern portion of the Special Area designation on the Headlands-San Pedro Beach Land Use Plan Map contained in the LCP Land Use Plan. The provisions set forth in Sections 9-4.4512 and 9-4.4513 shall apply to all new development in the SA-3 District and shall supplement regulations established in Article 43, Coastal Zone Combining District; Article 44, Coastal Development Regulations; and the Rockaway Beach Specific Plan. If any provisions conflict, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4512. - SA-3, Headlands District: Uses.

The following uses shall be conditionally permitted in the SA-3 District and shall correspond to the locations specified in the LCP Land Use Plan for the Headlands:

(a)

Lodging facilities;

(b)

Eating establishments; and

(c)

Public trails and vista areas.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4513. - SA-3, Headlands District: Development regulations.

All new development within the SA-3 District shall comply with the provisions of this section.

(a)

Public shoreline access. Public access to the shoreline shall be required pursuant to Section 9-4.4407, Public Shoreline Access. Access areas shall be for day use only and shall be limited to:

(1)

Trails;

(2)

Bicycle parking;

(3)

Picnic areas;

(4)

Public vista areas; and

(5)

Restroom facilities.

(b)

Bicycle parking. New development shall provide bicycle parking pursuant to Section 9-4.2822, Bicycle Parking.

(c)

Emergency access. New development shall provide adequate and safe access for emergency vehicles.

(d)

Prominent ridgeline. Structures shall not be permitted on a prominent ridgeline as designated in the LCP Land Use Plan, unless the applicant can demonstrate that there is no other buildable portion of the

property.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4514. - SA-4, Pacifica State Beach District: Purpose and applicability.

(a)

Purpose. The purpose of establishing the SA-4 District is to acknowledge and address the following environmental conditions and technical constraints unique to the Pacifica State Beach:

(1)

Potential presence of the San Francisco garter snake;

(2)

Potential wetlands habitat;

(3)

Panoramic coastal views;

(4)

Inadequate beach parking; and

(5)

Local and regional importance as a swimming and picnicking beach.

(b)

Applicability. The SA-4 District shall apply to property commonly known as the "Pacifica State Beach," as shown on the southern portion of the Special Area designation on the Headlands-San Pedro Beach Land Use Plan Map contained in the LCP Land Use Plan. The provisions set forth in Sections 9-4.4515 and 9- 4.4516 shall apply to all new development in the SA-4 District and shall supplement regulations established in Article 43, Coastal Zone Combining District and Article 44, Coastal Development Regulations. If any provisions conflict, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4515. - SA-4, Pacifica State Beach District: Uses.

The following uses shall be conditionally permitted in the SA-4 District and shall correspond to the locations specified in the LCP Land Use Plan for the Pacifica State Beach:

(a)

Lodging facilities;

(b)

Eating and drinking establishments;

(c)

Other visitor-serving uses, including, but not limited to:

(1)

Recreational and sporting equipment sales and rentals,

(2)

Gift shops,

(3)

Handicraft shops and workshops, and

(4)

Other substantially similar types of uses;

(d)

Public trails and picnic areas;

(e)

Public parking facilities; and

(f)

Uses specified in Section 9-4.2052, Open Space District.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4516. - SA-4, Pacifica State Beach District: Development regulations.

All new development within the SA-4 District shall comply with the provisions of this section.

(a)

Building mass. Structures shall be limited in height and mass where necessary to preserve existing coastal views pursuant to Section 9-4.4409, Coastal View Corridors.

(b)

Habitat preservation. To determine the extent of San Francisco garter snake habitat and wetland habitat, a habitat survey shall be required pursuant to Section 9-4.4403, Habitat Preservation. Where a habitat exists, the provisions of Section 9-4.4403 shall apply.

(c)

Permanent environmental protection. Permanent environmental protection may be required to protect San Francisco garter snake habitat and wetland habitat, and to preserve visually prominent areas pursuant to Section 9-4.4308, Permanent Environmental Protection.

(d)

Public shoreline access. Public access to the shoreline shall be required pursuant to Section 9-4.4407, Public Shoreline Access. Access areas shall be for day use only and shall be limited to:

(1)

Trails;

(2)

Bicycle parking;

(3)

Picnic areas;

(4)

Public vista areas;

(5)

Vehicular parking; and

(6)

Restroom facilities.

(e)

Bicycle parking. New development shall provide bicycle parking pursuant to Section 9-4.2822, Bicycle Parking.

(f)

Vehicular parking. Public beach parking shall be required to meet the needs of the area, consistent with the Access Component of the LCP Land Use Plan.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4517. - SA-5, Shelter Cove District: Purpose and applicability.

(a)

Purpose. The purpose of establishing the SA-5 District is to acknowledge and address the following environmental conditions and technical constraints unique to Shelter Cove:

(1)

Susceptibility to wave damage;

(2)

Steep slopes;

(3)

Eroding bluffs;

(4)

Weak bedrock formations; and

(5)

Difficult emergency access.

(b)

Applicability. The SA-5 District shall apply to property commonly known as "Shelter Cove," as shown on the Special Area designation on the Pedro Point-Shelter Cove Land Use Plan Map contained in the LCP Land Use Plan, and to the beachfront property located between Shelter Cove and the Pacifica State Beach, south of San Pedro Creek. The provisions set forth in Sections 9-4.4518 and 9-4.4519 shall apply to all new development in the SA-5 District and shall supplement regulations established in Article 43, Coastal Zone Combining District and Article 44, Coastal Development Regulations. If any provisions conflict, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4518. - SA-5, Shelter Cove District: Uses.

The following uses shall be conditionally permitted in the SA-5 District and shall correspond to the locations specified in the LCP Land Use Plan for Shelter Cove:

(a)

Lodging facilities;

(b)

Eating and drinking establishments;

(c)

Other visitor-serving uses, including, but not limited to, recreational and sporting equipment sales and rentals; gift shops; handicraft shops and workshops; and other substantially similar types of uses;

(d)

Public trails and picnic areas;

(e)

Public parking facilities; and

(f)

Uses specified in Section 9-4.401, R-1 Single-Family Residential District, provided that if any existing housing occupied by low-income or moderate-income persons is proposed to be removed, it shall be replaced as required by state law.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4519. - SA-5, Shelter Cove District: Development regulations.

All new development within the SA-5 District shall comply with the provisions of this section.

(a)

Permanent environmental protection. Permanent environmental protection may be required to provide public shoreline access to the shoreline pursuant to Section 9-4.4308, Permanent Environmental Protection.

(b)

Water and marine resources. An oceanographic study conducted by a certified professional oceanographer shall be required, and the findings shall be used to ensure that new development does not create an adverse environmental impact to water and marine resources, as identified the LCP Land Use Plan.

(c)

Public shoreline access. Public access to the shoreline shall be required pursuant to Section 9-4.4407, Public Shoreline Access. Access areas shall be for day use only and shall be limited to:

(1)

Trails;

(2)

Bicycle parking;

(3)

Picnic areas;

(4)

Public vista areas;

(5)

Vehicular parking; and

(6)

Restroom facilities.

(d)

Bicycle parking. New development shall provide bicycle parking pursuant to Section 9-4.2822, Bicycle Parking.

(e)

Vehicular parking. Public beach parking shall be required to meet the needs of the area, consistent with the Access Component of the LCP Land Use Plan.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4520. - SA-6, Pedro Point Upper Slopes District: Purpose and applicability.

(a)

Purpose. The purpose of establishing the SA-6 District is to acknowledge and address the following environmental conditions and technical constraints unique to the upper slopes of Pedro Point:

(1)

Very steep slopes;

(2)

Landslide hazards;

(3)

Extensive coastal vegetation; and

(4)

Difficult emergency access.

(b)

Applicability. The SA-6 District shall apply to property designated "Open Space Residential," as shown on the Pedro Point-Shelter Cove Land Use Plan Map contained in the LCP Land Use Plan. The provisions set forth in Sections 9-4.4521 and 9-4.4522 shall apply to all new development in the SA-6 District and shall

supplement regulations established in Article 43, Coastal Zone Combining District and Article 44, Coastal Development Regulations. If any provisions conflict, the provisions of this article shall prevail.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4521. - SA-6, Pedro Point Upper Slopes District: Uses.

The following uses shall be conditionally permitted in the SA-6 District:

Uses specified in Section 9-4.401, R-1 Single-Family Residential District.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4522. - SA-6, Pedro Point Upper Slopes District: Development regulations.

All new development within the SA-6 District shall comply with the provisions of this section.

(a)

Residential density. Allowable density shall be a minimum of one dwelling unit per five (5) acres of land, except that where special site conditions exist, such as slope, geology, soils, access, public safety, visibility, environmentally sensitive habitat, and the availability of utilities, density may be limited.

(b)

Residential hillside development. Residential hillside development shall be clustered and contoured into the topography of the hillside.

(c)

Emergency access. New development shall provide adequate and safe access for emergency vehicles.

(d)

Landscaping. For each tree removed during construction, at least one fifteen (15) gallon box tree shall be planted.

(e)

Prominent ridgeline. Structures shall not be permitted on a prominent ridgeline, as designated in the LCP Land Use Plan, unless the applicant can demonstrate that there is no other buildable portion of the property.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Article 46. - Enforcement and Penalties

Sec. 9-4.4600. - Penalty provisions.

(a)

In addition to any of the remedies, penalties and methods of enforcement provided in the Pacifica Municipal Code for violation of the requirements of this Code, the City may pursue such remedies and penalties for violation of the California Coastal Act as are set forth in the Act.

(b)

Any person, corporation, partnership, organization, association or other entity who performs or undertakes development in the Coastal Zone in violation of Articles 43 through 45 of this Code, or inconsistent with a coastal development permit issued by the City, may be civilly liable for monetary penalties as set forth in California Public Resources Code Section 30820(a).

(c)

Any person, corporation, partnership, organization, association or other entity who performs or undertakes development in the Coastal Zone in violation of Articles 43 through 45 of this Code, or inconsistent with a coastal development permit issued by the City, when the person intentionally and knowingly performs development in violation of this Code or inconsistent with a previously issued coastal development permit, may be held civilly liable for monetary penalties as set forth in California Public Resources Code Section 30820(b).

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.4601. - Restoration.

In addition to any other authority to order restoration, the City may, after a public hearing, order restoration of a site pursuant to California Public Resources Code Section 30826.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Article 47. - City of Pacifica Below Market Rate (Inclusionary) Program.

Sec. 9-4.4700. - Intent.

It is the intent of this article to establish requirements for the provision of housing units for very low, lower and moderate income households in residential development projects of a certain size.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4701. - Definitions.

For the purposes of this article, unless otherwise apparent from the context, the following words and phrases are defined as set forth below:

(a)

"Affordability agreement" means an agreement, running with the land assuring that a housing unit will be maintained and sold or leased at an affordable housing cost as required by this article and City policies. It may be a covenant, deed restriction, performance deed of trust, or such other document or documents as are satisfactory to the City Attorney.

(b)

"Affordable housing cost" means an "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code.

(c)

"Affordable rent" means an "affordable rent" as defined in Section 50053 of the California Health and Safety Code.

(d)

"Area median income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA) as determined annually by the U.S. Department of Housing and Urban Development.

(e)

"BMR unit" means a dwelling unit that must be offered at an affordable rent or affordable housing cost to a very low, lower or moderate income household.

(f)

"City" means the City of Pacifica.

(g)

"Compliance agreement" means an agreement between a developer and the City describing the terms and conditions under which the BMR unit requirement for a residential development will be met and shall be in a form satisfactory to the Planning Director and City Attorney.

(h)

"Density bonus" means entitlement to build additional residential units above the maximum number of units permitted pursuant to the existing General Plan, applicable specific plan and/or zoning designation, and as further specified in Article 41 of this chapter.

(i)

"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the residential development is located.

(j)

"Eligible household" means a very low, lower or moderate income household approved by the City in accordance with this article.

(k)

"For-sale BMR unit" means a BMR unit offered for sale, including, but not limited to, single-family homes, condominiums, other common interest developments and mutual housing associations.

(l)

"Household" means one person living alone or two (2) or more persons sharing residency whose income is considered for housing payments.

(m)

"Lower income household" means a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079.5 of the California Health and Safety Code.

(n)

"Market rate unit" means a dwelling unit where the rental rate or sales price is not restricted by this article.

(o)

"Moderate income household" means a household whose annual income does not exceed the qualifying limits set for "persons and families of low or moderate income" in Section 50093 of the California Health and Safety Code.

(p)

"Off-site" means located outside the residential development.

(q)

"On-site" means located on or in the residential development.

(r)

"Redevelopment project area" means the area designated by the City Council of the City in Ordinance No. 467-86, adopted on July 14, 1986, as amended as the Rockaway Beach Redevelopment Project Area.

(s)

"Rental BMR unit" means a BMR unit offered for lease or rent.

(t)

"Residential development" means any new construction of dwelling units, subdivision of property for housing development, conversion of rental projects to condominium or other common interest ownership under Article 24.5 or any other creation of dwelling units or lots for housing that is authorized by a discretionary land use. Residential developments include those that are part of a mixed use project with a commercial component.

(u)

"Very low income household" means a household whose annual income does not exceed the qualifying limits set for "very low income households" in Section 50105 of the California Health and Safety Code.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

(a)

Applicability. The requirements of this article shall apply to all residential developments of eight (8) or more units, lots or parcels, including all residential developments in which eight (8) or more units will be added to existing projects.

(b)

Number of BMR units required. Not less than fifteen (15%) percent of all units, lots or parcels in a residential development subject to this article shall be BMR units restricted for occupancy by very low, lower or moderate income households.

(1)

In the City's redevelopment project area, the first required BMR unit, and at least forty (40%) percent of the total number of required BMR units, shall be restricted to occupancy by very low income households. An additional thirty (30%) percent of the required BMR units must be, if not affordable to very low income households, restricted to occupancy for lower income households. Any remaining required BMR units shall be restricted to occupancy by moderate income households.

(2)

Outside the redevelopment project area, the first required BMR unit and at least fifty (50%) percent of the required BMR units shall be restricted to occupancy by lower income households and the remaining required BMR units shall be restricted to occupancy by moderate income households. Provided, the developer has the right but is not required to increase the percentage of lower income household BMR units.

(3)

In determining the number of BMR units required, any decimal fraction below .5 shall be rounded down to the nearest whole number and any decimal fraction .5 or above shall be rounded up to the nearest whole number.

(c)

Exemptions. The requirements of this article do not apply to:

1.

The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction takes place within three (3) years of the date the structures were destroyed.

2.

Residential developments that already have or will have more units that qualify as BMR units than this article requires.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4703. - For-sale BMR units.

(a)

Price of units. The maximum sales price of a for-sale BMR unit shall be an affordable housing cost approved by the City.

(b)

Deed and resale restrictions.

(1)

For-sale BMR units shall remain available at an affordable housing cost to an eligible household for a minimum of forty-five (45) years. Resale controls shall be by legal agreement approved as to form by the City Attorney and shall be in the form of affordable housing covenants, deed restrictions, covenants and/or resale restriction and refinance limitation agreements. Such documents shall provide that the City has an option to purchase the for-sale BMR unit. The City's option to purchase may be assigned to a qualifying eligible household, a nonprofit housing organization, other government entity, or other entity that will ensure the continuation of the affordability of the BMR unit.

(2)

In order to maintain the affordability of the for-sale BMR units constructed pursuant to this article, the purchase price paid by each subsequent purchaser shall be limited to the lesser of:

(i)

The original purchase price, plus the percentage increase in Area Median Income from the date of original purchase, plus the cost of any capital improvement expenditures approved by the City and greater than one percent of the original purchase price, minus any costs necessary to bring the unit into conformity with City building regulations in the event that the occupant has allowed the unit to deteriorate due to deferred maintenance; or

(ii)

The fair market value as determined by an appraiser approved by the City.

(c)

Administration. The City intends to contract with an outside agency, which shall be responsible for selection and qualification of buyers in accordance with City-approved policies, and continuing monitoring for compliance. The developer or subsequent seller shall pay all costs associated with this service for the for-sale BMR unit.

(d)

Occupancy restrictions. For-sale BMR units shall only be occupied by their owners. Renting, leasing, subleasing or subletting shall not be permitted for more than two (2) months in any year. Violation of these occupancy restrictions will be grounds for termination of the occupancy.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4704. - Rental BMR units.

(a)

Rental rates. The maximum rent of a rental BMR unit shall be an affordable rent approved by the City.

(b)

Rental restrictions. Rental BMR units shall remain available at an affordable rent to an eligible household for a minimum of fifty-five (55) years. Rent controls shall be by legal agreement approved as to form by the City Attorney and shall be in the form of affordable housing covenants, deed restrictions and/or covenants.

(c)

Administration. The rental of rental BMR units shall be administered according to City-approved policies by the developer or a nonprofit housing organization, government entity or entity approved by the City. The City may charge a fee to cover the costs of administration of this program, in an amount set from time to time by City Council resolution.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4705. - BMR unit size and design.

(a)

BMR unit requirements. BMR units shall:

(1)

Have exterior design and appearance compatible with and substantially the same as market rate units within the residential development, including landscaping;

(2)

Be distributed throughout the residential development;

(3)

Have similar access from the exterior as market rate units;

(4)

Contain proportionately the same or a larger number of bedrooms as market rate units;

(5)

Generally be of comparable size to similar market rate units, although the size of BMR units may be reduced if the project is in a very high or high density zone;

(6)

Have access to all on-site amenities; and

(7)

Be constructed prior to or concurrently with market rate units in the residential development or applicable phase of the residential development.

(b)

Interior amenities. Interior unit amenities, such as floor covering, appliances, and other fixtures, shall be specified within the BMR proposal submitted at the time of planning application, as required by Section 9- 4.4709(a), and may differ from market rate units, but must at a minimum be UL (Underwriters Laboratories) or AGA (American Gas Association) listed.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4706. - Alternatives.

A developer may propose an alternative means of complying with this article as set forth below. The Planning Commission may approve, conditionally approve or reject any alternative proposed by the developer. The Planning Commission may only approve or conditionally approve a proposed alternative if the Planning Commission finds that the purposes of this article would be better served by implementation of the proposed alternative and that the proposed alternative meets the greatest community needs at that time.

(a)

Off-site construction. Off-site construction of BMR units may be allowed if the developer demonstrates, and the Planning Commission finds that on-site construction is infeasible. If allowed, off-site BMR units shall be constructed within the City of Pacifica, shall be occupied prior to occupancy of the residential development, and shall be consistent and comply with the standards and requirements specified in this article.

(b)

Land dedication. In lieu of building BMR units, the developer may propose to dedicate land to the City suitable for the construction of BMR units, provided that the Planning Commission reasonably determines that the land is of equivalent or greater value than the required BMR units and that the land has the equivalent or greater development potential of the residential development.

(c)

Payment in lieu of providing a unit. For any residential development that is not located within the redevelopment project area, the developer may propose to pay the City an amount of money in lieu of

providing a unit. The in-lieu payment for each BMR unit shall reflect the estimated cost to provide the BMR unit and shall be set forth in a resolution adopted by the City Council. In-lieu payments shall be paid prior to occupancy of the first market rate unit to be developed within the residential development. In-lieu payments collected under this article shall be deposited into a housing trust fund and shall be used only for the purpose of providing funding assistance for the provision of affordable housing and reasonable administration costs, including, but not limited to, a buyer's assistance program for eligible households.

(d)

Combination. Developer may propose any combination of on-site construction, off-site construction, land dedication and/or in-lieu payments that the City determines to be at least equal to the cost of providing the required BMR units on-site.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007, as amended by § I, Ord. 752-C.S., eff. August 9, 2007)

Sec. 9-4.4707. - Incentives for on-site units.

Any residential development providing all required BMR units on-site shall automatically qualify for the density bonus and additional incentive available for an affordable housing project under Section 9- 4.4102(b)(1). When determining if the residential development would qualify for a larger density bonus under Article 41 of this chapter, on-site BMR units shall be counted in determining the percentage of units in the project that are affordable.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4708. - Eligibility requirements.

Only eligible households may occupy BMR units. No household may occupy a BMR unit unless the City or its designee has approved the household's eligibility in accordance with City-approved policies. Preference shall be given to persons residing or working within Pacifica.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4709. - Compliance.

(a)

Application process. At the time of filing a planning application for a residential development subject to this article, the developer shall provide, in addition to information specified elsewhere for the applicable planning permit(s), the following information:

(1)

The number of BMR units proposed;

(2)

The unit sizes and the number of bedrooms per dwelling unit;

(3)

The proposed location of the BMR units;

(4)

The interior unit amenities which would differ from market rate units, including, but not limited to, floor coverings, appliances, plumbing and electrical fixtures;

(5)

The schedule for production of BMR units in phased residential developments; and

(6)

Any alternatives proposed to comply with this article, including reasons why the findings required to approve such an alternative can be met.

(b)

Condition of approval. As part of the approval of any residential development subject to the requirements of this article, the Planning Commission shall approve a program for compliance with it. The developer shall execute an inclusionary zoning compliance agreement prior to recordation of any map, or if there is no map, prior to issuance of any building permit. Recordation of affordability agreements for each BMR unit shall be a condition of approval.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4710. - Adjustments, waivers.

(a)

Process. The requirements of this article may be waived, adjusted or reduced if the developer shows that there is not a reasonable relationship between the impact of a proposed residential development and the requirements of this article or that applying the requirements of this article would take property in violation of the United States or California Constitutions. Such a request shall be made in writing and filed with the City Manager at the time of submittal of an initial application for approval of the residential development and/or as part of any appeal that the city provides as part of the process of approval. The request shall state completely and in detail: (i) the requested waiver, adjustment or reduction of the requirements, (ii) the factual basis for the request, and (iii) the legal basis of this request. The City Manager, in consultation with the City Attorney, shall consider the request and render a decision in writing within thirty (30) days. If the City Manager determines that the requirements of this article lack a reasonable relationship to the impact of a proposed residential development on demand for affordable housing in the City or that those

requirements constitute a taking in violation of the United States or California Constitutions, the requirements of this article shall be modified, adjusted or waived to the extent necessary to avoid an unconstitutional result or illegal outcome. If the City Manager determines that no violation of the United States or California Constitutions would occur through application of this article, the requirements of this article shall remain applicable unless the City Manager's determination is overruled or modified by the City Council on appeal.

(b)

Appeal procedure. A decision of the City Manager on a request for a reduction or waiver pursuant to subsection (a) above shall be appealable in accordance with this section. A person seeking judicial review of a decision shall first complete an appeal under this section. Any person wishing to appeal a decision of the City Manager shall file an appeal to the City Council in writing with the City Clerk not later than ten (10) days from the date of the written decision of the City Manager. The written appeal shall state completely and in detail the factual and legal grounds for the appeal. The City Council shall consider the appeal at a public hearing within sixty (60) days after the filing of the request. The decision of the City Council is final.

(c)

Fee for adjustment request or appeal. The cost of the request for adjustment or waiver of the requirements of this article and appeal shall be borne by the applicant in an amount set forth in a resolution adopted by the City Council.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4711. - Hillside preservation and B-Lot size overlay districts.

Nothing in this article is intended to nor shall it supersede the provisions of the Hillside Preservation District (HPD) or B-lot size overlay district (B-district). Residential developments located within HPD and/or B- district land that provide BMR units in accordance with this article shall be subject to all regulations and standards of Article 22.5, regarding the HPD district, including applicable lot coverage limitations, and Article 20, regarding the B-district.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Sec. 9-4.4712. - Enforcement.

(a)

Penalty for violation. It shall be a misdemeanor to violate any provision of this article. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person a BMR unit under this article at a price or rent exceeding the maximum allowed under this article or to sell or rent a BMR unit to a household that does not qualify under this article. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of a BMR unit to obtain occupancy of housing for which he or she is not eligible.

(b)

Legal action. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article. Failure of any official or agency to fulfill the requirements of this article shall not excuse any person, owner, household or other party from the requirements of this article.

(§ 2 (part), Ord. 746-C.S., eff. May 9, 2007)

Article 48. - Cannabis Regulations

Sec. 9-4.4800. - Purpose and intent.

It is the purpose and intent of this article to regulate the cultivation and distribution of medicinal and adultuse cannabis in order to ensure the health, safety, and welfare of the residents of the City of Pacifica. The regulations in this article are meant to ensure compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, and the Adult Use of Marijuana Act (hereinafter the "State Cannabis Laws") and do not interfere with a patient's ability to use medicinal cannabis as authorized by the state cannabis laws or criminalize the possession or cultivation of cannabis for medicinal or adult-use purposes as permitted by the State Cannabis Laws. Commercial cannabis activity within the City must comply with all provisions of the Pacifica Municipal Code for obtaining permits and licenses for a cannabis operation and must comply with the State Cannabis Laws and all other applicable local and state laws. Nothing in this article shall permit activities that are otherwise illegal under state or local laws.

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

Sec. 9-4.4801. - Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

(a)

"Applicant" shall mean a person or entity that submits an application for a cannabis operation.

(b)

"Cannabinoid" shall mean any and all chemical compounds that are the active principles of marijuana or cannabis.

(c)

"Cannabis" shall have the meaning set forth in Health and Safety Code section 11018 and Business and Professions Code section 26001(f).

(d)

"Cannabis manufacturing operation" or "cannabis manufacturer" shall mean any building, business, entity, facility, establishment, property, site or location that packages or repackages cannabis products, labels or relabels cannabis product containers, produces edible products or topical products using infusion processes, performs extractions as defined in subsection (q) using only mechanical extraction methods, and does not utilize any volatile or non-volatile solvents in the extraction process, and/or performs a closed-loop refinement process as defined in subsection (aa) utilizing ethanol, and requires a Type 6, Type N, or Type P manufacturing license issued by the state and a local cannabis activity permit.

(e)

"Cannabis operation" shall mean any commercial cannabis activity or commercial cannabis activity permitted under this article.

(f)

"Cannabis products" shall have the meaning set forth in Health and Safety Code section 11018.

(g)

"Cannabis retail operation" or "cannabis retailer" shall mean any building, business, entity, facility, establishment, property, site or location that dispenses, sells, and/or delivers cannabis and/or cannabis products and which requires a Type 10 state license and a local cannabis activity permit for medicinal and/or adult-use cannabis sales and deliveries.

(h)

"Cannabis testing operation" or "cannabis tester" shall mean any laboratory, building, business, entity, facility, establishment, property, site, or location that requires a Type 8 state license and a local cannabis activity permit for medicinal and/or adult-use cannabis testing.

(i)

"Clarification" shall mean the process where winterized mixture of cannabinoids/terpenes is further refined via the removal of chlorophyll and other pigments through filters. This process usually incorporates activated carbon, activated earth clays, or amorphous silica.

(j)

"Closed-loop system" shall mean a system that remains closed during normal operations where vapors emitted by the hazardous material (e.g. ethanol solvent) are not liberated outside of the vessel or system and the product is not exposed to the atmosphere during normal operations. Examples of closed systems include product conveyed through a piping system into a closed vessel, system or piece of equipment.

(k)

"Commercial cannabis activity" and "commercial marijuana activity" shall have the meaning set forth in Business and Professions Code section 26001(k), as may be subsequently amended.

(l)

"Crude extract" shall mean the product first obtained from the extraction process. It contains all of the solutes extracted from the plant material.

(m)

"Cultivation" shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

(n)

"Customer" means a natural person twenty-one (21) years of age or over or a natural person eighteen (18) years of age or older who possesses a physician's recommendation for the use of cannabis.

(o)

"Day care center" shall have the meaning set forth in Health and Safety Code section 1596.76 as of the effective date of this article and as subsequently amended.

(p)

"Deliver" and "delivery" shall mean the transfer of cannabis or cannabis products to a customer, patient, and/or recipient. "Delivery" shall also include the use by a retailer of any technology platform owned or controlled by a cannabis retailer under this article that enables customers to arrange for or facilitate the commercial transfer of cannabis or cannabis products.

(q)

"Extraction" shall mean a process by which cannabinoids are separated from cannabis plant material through chemical or physical means, which results in a crude extract.

(r)

"Identification card" shall have the meaning set forth in in Health and Safety Code section 11362.71, as of the effective date of this article and as subsequently amended.

(s)

"Infuse" or "infusion" shall mean the process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation to produce a cannabis product.

(t)

"Marijuana" shall have the same meaning as "Cannabis."

(u)

"Mechanical extraction" means non-chemical extraction methods using heat, screens, and presses for purposes of extracting cannabinoids consistent with Type 6, Type N, and Type P manufacturing licenses issued by the state, but excluding the use of any solvents, volatile or non-volatile, in the extraction process.

(v)

"Operator" shall mean any person or entity responsible for the operation or management of the cannabis operation; any person listed on the cannabis operation's articles of incorporation or articles of organization or operating agreement as an officer, manager or director; any person or entity with a financial interest in the cannabis operation as defined in Title 16, California Code of Regulations section 5004, except those financial interests listed in subsection (c) thereof; and any person that supervises another employee of the cannabis operation.

(w)

"Non-volatile solvent" means any solvent used in the extraction process that is not a Volatile solvent. For purposes of this article, a non-volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.

(x)

"Owner" shall mean the person or entity in whom is vested interest and title to the cannabis operation. "Owner" shall also include those individuals that are considered an owner under state cannabis laws, including Business and Professions Code 26001(al) and Title 16, California Code of Regulations section 5003, as may be subsequently amended.

(y)

"Permittee" shall mean the person or entity to whom the City issued a cannabis activity permit.

(z)

"Physician" shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code.

(aa)

"Refinement process" shall mean a post-extraction process in which crude extract is further processed to separate targeted compounds consistent with a Type 6 manufacturing licenses issued by the state and local permits. The only use of any solvent, volatile or non-volatile, in the refinement process shall be limited to ethanol in a closed-loop system to perform winterization, clarification, and solvent recovery.

(ab)

"Solvent recovery" shall mean the recovery of the winterizing and clarification solvent (ethanol) with the application of heat and vacuum.

(ac)

"School" shall mean an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education for persons under the age of eighteen (18) years, whether public or private.

(ad)

"State cannabis laws" means and includes California Health and Safety Code sections 11362.1 through 11362.45; California Health and Safety Code section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program); all state laws enacted or amended pursuant to SB-94, Statutes of 2017, Chapter 27 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including but not limited to California Business and Professions Code sections 26000, et seq.); California Revenue and Taxation Code sections 31020 and 34010 through

34021.5; California Fish and Game Code section 12029; California Water Code Section 13276; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code section 147.5; all state regulations adopted pursuant to MAUCRSA; any license issued pursuant to MAUCRSA; and all other applicable laws of the State of California regulating cannabis.

(ae)

"Volatile solvent" shall have the meaning set forth in subdivision (d) of Health and Safety Code section 11362.3(b)(3) as of the effective date of this article and as subsequently amended.

(af)

"Winterization" shall mean the process where crude extract is dissolved in ethanol at warmer temperatures then cooled to precipitate the fatty acids/waxes from the solution.

(ag)

"Youth center" shall have the meaning set forth in Health and Safety Code section 11353.1 as of the effective date of this article and as subsequently amended.

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

Sec. 9-4.4802. - Residential cultivation of cannabis.

(a)

Notwithstanding any other restriction on cannabis operations, a person may cultivate up to six (6) living cannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of his or her private residence that is fully enclosed and secure, or outside upon the grounds of that private residence, provided that such cultivation complies with all state cannabis laws and the regulations and restrictions set forth in this section.

(b)

All personal cannabis cultivation that occurs outside of a private residence or accessory structure to a private residence shall be located within the rear yard, contained within an area that is fully enclosed by a solid, locked, fence with a height of not less than six (6') feet, shall not encroach upon or otherwise touch adjacent property lines and/or fences, and all portions of any cannabis plant shall maintain the following minimum setbacks from property lines:

(1)

Front: behind the main structure;

(2)

Side: five (5') feet; and

(3)

Rear: five (5') feet.

(c)

Individuals cultivating cannabis under this section must comply with all applicable state cannabis laws.

(d)

No person may cultivate cannabis outside on the grounds of a private residential property if that property is directly abutting any property that contains a school, day care center, or youth center.

(e)

Where a private residence is not occupied or inhabited by the owner of the residence, the owner of the property must provide the occupant written consent expressly allowing cannabis cultivation to occur at said residence.

(f)

Persons cultivating cannabis on residential property shall comply with all applicable technical building standards set forth in the Pacifica Municipal Code, shall not use gas products such as, but not limited to, carbon dioxide, butane, propane, or natural gas on the property for purposes of cannabis cultivation, and pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

(g)

The outdoor cultivation of cannabis shall not utilize artificial light, and shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to the use or storage of materials, processes, products or wastes associated with the cannabis cultivation.

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

Sec. 9-4.4803. - Cannabis operations—General provisions.

(a)

Cannabis operations allowed.

(1)

Only those types of cannabis operations set forth in this section shall be allowed within the City. Any and all cannabis operations not expressly described herein are expressly prohibited.

(i)

Cannabis retail operation ("retailer").

(ii)

Cannabis manufacturing operation ("manufacturer").

(iii)

Cannabis testing operation ("tester").

(2)

An owner or operator of a cannabis operation shall be prohibited from owning or operating more than one cannabis operation within the City.

(3)

Not more than one cannabis operation may be conducted on a lot or parcel of property.

(b)

Cannabis activity permit and public safety license required to operate. It shall be unlawful for any person or entity to open, commence, operate, engage in, conduct or carry on (or to permit to be opened, commenced, operated, engaged in, conducted or carried on) in or upon any property located within the City a cannabis operation unless that person has a valid cannabis activity permit issued by the City pursuant to this article for that property and that type of cannabis operation and a valid cannabis public safety license issued by the City pursuant to Pacifica Municipal Code Title 4, Chapter 16, to the owner and/or operator of the cannabis operation.

(c)

Limitations on location.

(1)

Permissible zoning. Cannabis operations may operate only in the following locations:

(i)

Cannabis retail operations may only operate in a Cannabis Operation Overlay District (CO).

(ii)

Cannabis manufacturing operations may only operate in the C-3 (Service Commercial) District.

(iii)

Cannabis testing operations may only operate in the C-2 (Community Commercial) or the C-3 (Service Commercial) Districts.

(2)

Areas and zones where cannabis operations are not permitted. Notwithstanding subparagraph (c)(1) above, a cannabis operation may not operate on a parcel or lot located within six hundred (600') feet of a school or youth center that is in existence at the time the cannabis activity permit is issued, or within two hundred (200') feet of a day care center that is in existence at the time the cannabis activity permit is issued. This distance shall be calculated as a straight line from any parcel line of the property on which the cannabis operation is located to the parcel line of the real property on which the facility, building, or structure, or portion of the facility, building or structure, in which the listed use occurs or is located. Locational

restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer distance.

(d)

Conditions of operation.

(1)

All cannabis operations. All cannabis operations shall be operated, maintained, and managed on a day-today basis in compliance with the following operational conditions and requirements:

(i)

Cannabis public safety license. A cannabis operation shall maintain a cannabis public safety license at all times. The failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis operation under a cannabis activity permit.

(ii)

Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis operation to employ any person who is not at least twenty-one (21) years of age.

(iii)

Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis operation. The entrance to the cannabis operation shall be clearly and legibly posted with a notice indicating that persons under the age of twenty-one (21) years are precluded from entering the premises.

(a)

Notwithstanding 9-4.4803(d)(1)(iii), persons meeting the definition of "customer" as defined in Section 9- 4.4801(k) shall be allowed to enter the premises of a retail cannabis operation.

(iv)

Every cannabis operation shall display, at all times during its regular business hours, the cannabis activity permit and cannabis public safety license issued for such cannabis operation in a conspicuous place so that the same may be readily seen by all persons entering the cannabis operation.

(v)

No cannabis operation shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises of the cannabis operation that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the premises.

(vi)

No cannabis operation shall be a retailer of tobacco products.

(vii)

A cannabis operation shall be considered a commercial use relative to the City's parking requirements in Article 28 of this chapter.

(viii)

Smoking, vaping, ingesting, or consuming cannabis on the premises of a cannabis operation shall be prohibited. A notice prohibiting smoking, vaping, ingesting and consuming cannabis shall be clearly and legibly posted in the cannabis operation and shall not obstruct the entrance or windows.

(ix)

Operation of a cannabis operation shall not result in illegal re-distribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis law or this article.

(x)

Site plan.

(aa)

The site plan shall include a lobby waiting area at the entrance to the cannabis operation used to receive and screen customers, employees, patrons, and guests of the cannabis operation and a separate and secure designated area for dispensing cannabis and conducting other operations of the cannabis operation.

(ab)

The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.

(xi)

Security. The cannabis operation shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to Pacifica Municipal Code Title 4, Chapter 16.

(xii)

Signage. The cannabis operation shall comply with all applicable provisions of Pacifica Municipal Code Title 9, Chapter 4, Article 29.

(2)

Supplemental conditions—Retailers. In addition to each of the conditions of operation set forth in subsection (d)(1), a cannabis retail operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

(i)

Retailers may not sell drug paraphernalia and implements that may be used to ingest or consume cannabis except where such sales and operations comply with Health and Safety Code section 11364.5.

(ii)

Retailers may only deliver cannabis and cannabis products to customers who comply with state and local law.

(iii)

A cannabis operation shall not be enlarged in size (i.e., increased floor area) without the Planning Commission's prior review and approval and an approved amendment to the existing cannabis activity permit applied for and issued pursuant to the requirements of this article.

(iv)

A retailer of medicinal cannabis shall only sell, deliver, or give away medicinal cannabis to individuals authorized to receive medicinal cannabis in accordance with state cannabis laws. Retailers of medicinal cannabis shall require such persons receiving medicinal cannabis to provide valid official identification, such as a Department of Motor Vehicles driver's license or state identification card, each time he or she seeks to purchase medicinal cannabis.

(v)

Hours of operation. Retailers may only operate during the hours between 7:00 a.m. through 10:00 p.m. The Planning Commission may further restrict a retailer's days and hours of operation as a condition of a cannabis activity permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis operation in a manner consistent with the City's sign regulations set forth in Article 29 of this chapter.

(vi)

A retailer shall not have a physician on site to evaluate patients and/or provide recommendations for the use of medicinal cannabis.

(vii)

State seller's permit. The cannabis operation shall, at all times during operation, maintain a valid seller's permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code.

(3)

Supplemental conditions—Manufacturers. In addition to each of the conditions of operation set forth in subsection (d)(1), a cannabis manufacturing operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

(i)

Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

(ii)

Manufacturers shall only conduct extractions using mechanical extraction methods. All other extraction methods, including those using volatile or non-volatile solvents as defined in this Article are strictly prohibited. The extraction process does not include refinement, but may be followed by the refinement process.

(iii)

Cannabis manufacturing operations may use heat, screens, presses, and other methods without employing solvents or gases to create kief, hash, rosin, and other extracts in the manufacturing process.

(iv)

Cannabis manufacturing operations may perform refinement processes on crude extract. Refinement processes may use ethanol as a solvent if in accordance with local permits, state cannabis laws including Section 40223 of the California Code of Regulations. Ethanol-based refinement processes shall be performed in a closed-loop system and shall be limited to winterization, clarification, and solvent recovery. No more than thirty (30) gallons of ethanol may be onsite at any time. All ethanol shall be kept in a fire proof cabinet when not being used. Cannabis manufacturing operations shall meet all California Fire Code requirements and applicable fire safety standards as determined by the Fire Marshal. The ethanol-based refinement process shall be designed and implemented to recapture and reuse ethanol.

(v)

All food products, food storage facilities, food-related utensils, equipment and materials shall be approved, used, managed and handled in accordance with Sections 113700 through 114437 of the California Health and Safety Code, and California Retail Food Code. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health and free from communicable diseases.

(vi)

Manufacturers that intend to perform their own distribution of cannabis and/or cannabis products to licensed retail businesses are prohibited by this Article from such activity until and unless they are fully compliant with state cannabis laws, which requires all distribution to be performed only by licensed distributors authorized by the Bureau of Cannabis Control. Manufacturers intending to perform their own distribution shall include or amend as appropriate the distribution operation into their cannabis activity permit and then apply to the Bureau for a state distribution license, as required by Business and Professions Code Section 26070(b). Distribution of cannabis and/or cannabis products not manufactured by the manufacturing operation distributing the cannabis and/or cannabis products shall be strictly prohibited.

(4)

Supplemental conditions—Testers. In addition to each of the conditions of operation set forth in subsection (d)(1), a cannabis testing operation shall be operated, maintained, and managed in compliance with the

following supplemental conditions:

(i)

Testers shall not engage in on-site retail sales of cannabis or cannabis products.

(5)

Additional conditions. The Planning Commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis operation will be in accordance with the findings provided in Section 9-4.4805(a) and with the standards and regulations provided in this article and applicable state laws.

(e)

City access to and inspection of required records. A duly designated City Police Department or Finance Division representative may enter and shall be allowed to inspect the premises of every cannabis operation as well as the financial and membership records of the cannabis operation required by this article at any time during the cannabis operation's designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this article. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis operation to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis operation or the required records thereof. A cannabis operation shall not conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis operation under this article.

(f)

Coastal Zone Combining District. Cannabis operations shall be subject to and shall comply with all provisions of Title 9, Chapter 4, Article 43 of this Code. A cannabis operation shall not be considered a "visitor-serving use" within the meaning of that term as defined in Article 43 of this Chapter.

(g)

Business license tax liability. An operator of a cannabis operation shall be required to apply for and obtain a business tax certificate pursuant to Chapter 1 of Title 3 of this Code as a prerequisite to obtaining a cannabis activity permit pursuant to the terms of this article. When and as required by the California Department of Tax and Fee Administration, cannabis operation transactions shall be subject to sales tax in a manner required by state law.

(h)

No vested rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article.

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

Sec. 9-4.4804. - Cannabis activity permit—General provisions.

(a)

Cannabis activity permit application procedures—Initial applications.

(1)

Public safety license.

(i)

Public safety license, phase one application—Criminal background check.

(aa)

Within thirty (30) days of the effective date of this article, any person or entity interested in operating a cannabis operation pursuant to this article may submit a public safety license phase one application ("Phase One Application") along with a nonrefundable application fee to the Chief of Police.

(ab)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the phase one application submittal requirements of Section 4-16.04(b)(2). The Chief of Police will not consider any incomplete or late phase one applications. The filing date of the phase one application shall be the date when the Chief of Police officially receives the last submission of information or materials required by Section 4-16.04(b)(2).

(ac)

Within sixty (60) days of the effective date of this article, the Chief of Police shall review and approve or deny all phase one applications by utilizing the criteria for approval or denial set forth in Section 4-16.05(a) and (b). The Chief of Police shall notify all applicants in writing of his/her determination to approve or deny their phase one applications. If approved, the applicant may proceed to phase two of the public safety license application procedures.

(ii)

Public safety license phase two application—Security plan.

(aa)

Within seventy-five (75) days of the effective date of this article, applicants whose phase one applications have been approved may submit public safety license phase two applications ("Phase Two Applications") along with a non-refundable application fee to the Chief of Police.

(ab)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the phase two application submittal requirements of Section 4-16.04(b)(3)(ii). The Chief of Police will not consider incomplete or late phase two applications. The filing date of phase two application shall be the

date when the Chief of Police officially receives the last submission of information or materials required by Section 4-16.04(b)(3)(ii).

(ac)

Within one hundred (100) days of the effective date of this article, the Chief of Police shall review and approve or deny the phase two application by utilizing the criteria for approval or denial set forth in Section 4-16.05(a) and (b). The Chief of Police shall notify all applicants in writing of his/her determination to approve or deny their phase two application.

(ad)

Applicants whose phase two applications have been approved shall be placed on the City's qualified cannabis registration list.

(2)

Cannabis activity permit.

(i)

Within one hundred thirty (130) days of the effective date of this article, all applicants on the qualified cannabis registration list must submit a cannabis activity permit application along with a deposit for application processing to the Director of Planning to be considered for a cannabis activity permit.

(ii)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the cannabis activity permit application submittal requirements of Section 9-4.4804(c) and (d). The filing date of the cannabis activity permit application shall be the date when the Director of Planning officially receives the last submission of information or materials required by Section 9-4.4804(c) and (d). If the Director of Planning determines an application submittal is incomplete, an applicant shall be granted an extension of time to submit all materials required to complete the application within twenty (20) working days. If the application remains incomplete in excess of the twenty (20) working days following notification that an application submittal is incomplete, the application shall be deemed incomplete and will no longer be processed. Once the application is deemed complete by the Planning Director, the application shall be placed at the end of the random independent ranking order of the qualified cannabis registration list, and may be considered by the Planning Commission at a future public hearing based on the order of ranking.

(iii)

Lottery. Within one hundred seventy (170) days of the effective date of this article, the Director of Planning shall hold a random independent ranking process ("Lottery") in an open and public location and shall randomly rank all applications on the qualified cannabis registration list.

(iv)

Where the Planning Commission denies a cannabis activity permit or an application is withdrawn before consideration by the Planning Commission, all other applications on the qualified cannabis registration list

shall be considered by the Planning Commission at a future public hearing in the order of ranking as established by the random independent ranking process. The Planning Commission shall continue to review applications until all applications have been reviewed or until the Planning Commission can issue no further cannabis activity permits based on the criteria of this article and Article 17.5.

(v)

Upon notification of the Director of Planning, a qualified applicant shall place a legible, visible sign not less than two (2) square feet on the front of the premises indicating that a cannabis activity permit has been filed and how to contact the Planning Department to obtain more information.

(3)

License issuance.

(i)

Within thirty (30) days of the Planning Commission's issuance of a cannabis activity permit, the Chief of Police shall issue all permittees a cannabis public safety license.

(4)

Closure of the initial applications phase.

(i)

The closure of the initial application phase shall occur when all applications on the qualified cannabis registration list have been reviewed or when the Planning Commission can issue no further cannabis activity permits based on the criteria of this article and Article 17.5, and the Council has accepted a determination of closure of the initial application phase which shall be submitted by the Planning Director.

(ii)

No applications for cannabis retail operations shall be accepted or processed, except those on the qualified cannabis registration list on the effective date of this subsection, until Council has accepted a determination of closure of the initial application phase.

(5)

Cannabis manufacturing and testing operations. Nothing in this subsection shall preclude applicants for cannabis manufacturing operations and cannabis testing operations from submitting an application for a cannabis activity permit in accordance with the provisions of Section 9-4.4804(b) prior to the closure of the initial application phase.

(b)

Cannabis activity permit application procedures—applications after closure of initial application phase.

(1)

After the closure of the initial application phase, any person or entity interested in operating a cannabis operation pursuant to this Article shall follow the cannabis activity permit application procedures detailed in this subsection.

(2)

Public safety license.

(i)

Public safety license, phase one application—Criminal background check. Any person or entity interested in operating a cannabis operation pursuant to this subsection may submit a phase one application along with a non-refundable application fee to the Chief of Police.

(aa)

For cannabis retail operations, the Chief of Police shall retain said phase one applications for a period of one year after which time the phase one application shall be deemed to have expired. If an existing cannabis retail operation's public safety license and/or cannabis activity permit is revoked, ceases, or otherwise becomes null and void, the Chief of Police shall inform all applicants who have submitted phase one applications for cannabis retail operations and whose phase one applications have not expired, that their phase one applications will be reviewed. Those phase one applications that are approved in accordance with Section 4-16.05(a) and (b) may continue through the public safety license and cannabis activity permit application process.

(ab)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the phase one application submittal requirements of Section 4-16.04(b)(2) and (3)(i). The Chief of Police will not consider any incomplete phase one applications. The filing date of the phase one application shall be the date when the Chief of Police officially receives the last submission of information or materials required by Section 4-16.04(b)(2) and (3)(i).

(ac)

Within thirty (30) days of the applicant's submittal of the phase one application and, if applicable, after the availability of a cannabis activity permit for a cannabis retail operation, the Chief of Police shall review and approve or deny all phase one applications by utilizing the criteria for approval or denial set forth in Section 4-16.05(a) and (b). The Chief of Police shall notify applicants in writing of his/her determination to approve or deny their phase one applications. If approved, the applicant may proceed to phase two of the public safety license application procedures.

(ii)

Public safety license phase two application—Security plan.

(aa)

After receiving approval of a phase one application from the Chief of Police and prior to or concurrent with the submittal of a cannabis activity permit application as detailed in Section 9-4.4804(b)(3), applicants may submit public safety license phase two applications along with a non-refundable application fee to the Chief of Police.

(ab)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the phase two application submittal requirements of Section 4-16.04(b)(3)(ii). The Chief of Police will not consider incomplete phase two applications. The filing date of phase two application shall be the date when the Chief of Police officially receives the last submission of information or materials required by Section 4-16.04(b)(3)(ii).

(ac)

The Chief of Police shall review and approve or deny the phase two application by utilizing the criteria for approval or denial set forth in Section 4-16.05(a) and (b). The Chief of Police shall notify each applicant in writing of his/her determination to approve or deny their phase two application.

(3)

Cannabis activity permit.

(i)

After receiving approval of a phase one application from the Chief of Police and after or concurrent with the submittal of a public safety license phase two application as detailed in Section 9-4.4804(b)(2)(ii), applicants may submit a cannabis activity permit application along with a deposit for application processing to the Director of Planning to be considered for a cannabis activity permit.

(ii)

It shall be the applicant's responsibility to provide all of the information and materials required to comply with the cannabis activity permit application submittal requirements of Section 9-4.4804(c) and (d). The filing date of the cannabis activity permit application shall be the later of a) the date when the Director of Planning officially receives the last submission of information or materials required by Section 9-4.4804(c) and (d) which enables the Director of Planning to determine the application to be complete, or, b) the date of notification by the Chief of Police of satisfactory completion of public safety license phase two requirements. If the Director of Planning determines an application submittal to be incomplete, he/she shall notify an applicant of those items required in order to determine the application to be complete. An incomplete application shall not be processed until the applicant submits the additional information identified in the written notification provided by the Director of Planning.

(iii)

The Planning Commission shall review cannabis activity permit applications filed pursuant to this subsection in chronological order by filing date as determined by the Planning Department.

(iv)

Where the Planning Commission denies a cannabis activity permit or an application is withdrawn before consideration by the Planning Commission, the next application in chronological order by filing date shall be considered by the Planning Commission at a future public hearing. The Planning Commission shall continue to review applications until all applications have been reviewed or until the Planning Commission can issue no further cannabis activity permits based on the criteria of this article and Article 17.5. An applicant whose cannabis activity permit application is denied by the Planning Commission shall not submit another cannabis activity permit application for a period of one year from the date of action by the Planning Commission. If unprocessed cannabis activity permit applications remain after the Planning Commission has issued all cannabis activity permits based on the criteria of this article and Article 17.5, those cannabis activity permit applications shall be deemed withdrawn, any unused portion of any deposit submitted for processing shall be refunded to the applicant, and such application shall not be provided any priority for future cannabis activity permit opportunities.

(v)

Any unprocessed cannabis activity permit applicant whose application is deemed withdrawn pursuant to Section 9-4.4804(b)(3)(iv) may resubmit a phase one application pursuant to Section 9-4.4804(b)(1)(i). However, an unprocessed cannabis activity permit applicant may not need to resubmit a phase one application if their phase one application has not expired pursuant to Section 9-4.4804(b)(2)(i)(aa) at the discretion of the Chief of Police.

(vi)

Upon notification of the Director of Planning, a qualified applicant shall place a legible, visible sign not less than two (2) square feet on the front of the premises indicating that a cannabis activity permit has been filed and how to contact the Planning Department to obtain more information.

(4)

License issuance.

(i)

Within thirty (30) days of the Planning Commission's issuance of a cannabis activity permit, the Chief of Police shall issue a permittee a cannabis public safety license in accordance with the timelines and procedures of Section 9-4.4804(b).

(c)

Imposition of cannabis activity permit fees. Every application for a cannabis activity permit issued pursuant to this article shall be accompanied by an application fee, in an amount established by resolution of the City Council and calculated to recover the City's full cost of reviewing, issuing, and administering the permit, and the filing of a complete cannabis activity permit application pursuant to this article. The application fee shall be in addition to any other business license fee, permit fee, or tax imposed by this Code or other governmental agencies.

(d)

Cannabis activity permit application—Filing requirements. Cannabis activity permit applications shall include:

(1)

The full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), present address, and telephone number of the applicant (if an individual), the applicant's corporate officers (if a corporation), or the applicant's partners (if a partnership);

(2)

Applicant(s) mailing address. The address to which notice of action on the application is to be mailed;

(3)

Previous addresses. Previous addresses for the past five (5) years immediately prior to the present address of the applicant (if an individual), the applicant's corporate officers (if a corporation), or the applicant's partners (if a partnership);

(4)

Verification of age. Written proof that the applicant is over the age of twenty-one (21) years of age;

(5)

Photographs. Passport quality photographs for identification purposes of the applicant (if an individual), the applicant's corporate officers (if a corporation), or the applicant's partners (if a partnership);

(6)

Employment history. All business, occupation, or employment of the applicant or applicant's corporate officers or partners for the five (5) years immediately preceding the date of the application;

(7)

Tax history. The tax history of the applicant, including whether such person or entity, in previously operating in this or another city, county or state under license has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation subsequent to such action of suspension or revocation;

(8)

Management information. The name or names and addresses of the person or persons having the management or supervision of applicant's business;

(9)

Employee information. Number of employees and other persons who will work at the cannabis operation;

(10)

Written response to findings for issuance of cannabis activity permit. The applicant shall provide a comprehensive written response identifying how the cannabis operation will comply with the each of the findings for issuance of a cannabis activity permit set forth in Section 9-4.4805(a);

(11)

Site plan and floor plan. A detailed "Site Plan and Floor Plan" for the proposed cannabis operation describing how the cannabis operation will operate consistent with the provisions of Section 9-4.4803(d);

(12)

Neighborhood context map. An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the cannabis operation and the property lines of any school providing instruction in kindergarten or any grades 1 through 12 or youth center within six hundred (600') feet of the cannabis operation property line, and any day care center within two hundred (200') feet of the cannabis operation property;

(13)

Lighting plan. A lighting plan showing existing and proposed exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation;

(14)

City authorization. Written authorization for the City, its agents and employees to seek verification of the information contained within the application;

(15)

Operations Plan. A detailed "Operations Plan" for the proposed cannabis operation describing how the cannabis operation will operate consistent with the provisions Section 9-4.4803(d);

(16)

Property owner consent. The applicant shall include a written affirmation from the property owner expressly allowing the applicant to apply for the cannabis activity permit and acknowledging the applicant's right to use and occupy the property for the intended cannabis operation;

(17)

A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct; and

(18)

In addition to the filing requirements of this subdivision, the City may request additional information of cannabis activity permit applicants, which information is necessary to review the cannabis activity permit application for completeness and compliance with this section.

(e)

Transfer of cannabis activity permits.

(1)

Permit—site specific. A permittee shall not operate a cannabis operation under the authority of a cannabis activity permit at any place other than the address of the cannabis operation stated in the permit.

(2)

Transfer of cannabis activity permit prohibited. All permits issued by the City pursuant to this article shall be non-transferable to a different person, entity, or location.

(3)

Transfer without permission. Any attempt to transfer or any transfer of ownership or control of a cannabis operation shall be grounds for revocation of the cannabis activity permit by the Planning Commission.

(§ 17, Ord. 819-C.S., eff. November 7, 2017; § 4, Ord. 836-C.S., eff. December 12, 2018; § 2, Ord. 844C.S., eff. June 12, 2019)

Sec. 9-4.4805. - Review, issuance and/or denial of cannabis activity permit applications.

(a)

Criteria for issuance.

(1)

Supplemental findings for issuance of cannabis activity permit—All cannabis operations. In addition to the findings required for the approval of a use permit set forth in Section 9-4.3303, the Planning Commission, or the City Council on appeal, shall make all of the following supplemental findings in determining whether to grant, modify, or deny a cannabis activity permit for any cannabis operation:

(i)

For cannabis activity permit applications submitted pursuant to Section 9-4.4804(a), the cannabis operation applicant has been placed on the cannabis qualified registration list, as described in Section 9-4.4804(a)(1) (ii)(ad). For all other cannabis activity permit applications, that the Planning Department has received written notification from the Chief of Police that the applicant has complied with all requirements for satisfactory completion of the phase one and phase two cannabis public safety license requirements contained in Chapter 16 of Title 4 of this Code.

(ii)

The cannabis activity permit application is complete and the applicant has submitted all information and materials required by Section 9-4.4804(c) and (d).

(iii)

The proposed location of the cannabis operation is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the cannabis operation's proposed proximity to a school, day care center, youth center, public park, playground, recreational center, school bus stop, premises frequented by children, religious establishment, or other similar uses.

(iv)

The proposed location of the cannabis operation is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the cannabis operation's proposed proximity to another existing or permitted cannabis operation.

(v)

The design of the storefront or structure within which the cannabis operation will operate is architecturally compatible with surrounding storefronts and structures in terms of materials, color, windows, lighting, sound, and overall design.

(vi)

The proposed size of the cannabis operation is appropriate to meet the needs of the local Pacifica community for access to cannabis and that the size complies with all requirements of the City's Zoning Regulations.

(vii)

The location is not prohibited under the provisions of this article or any local or state law, statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that compliance with other applicable requirements of the City's Zoning Regulations will be accomplished.

(viii)

The cannabis operation is not likely to have an adverse effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a specific neighborhood, or contribute to a public nuisance, and will generally not result in repeated nuisance activities including disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises(especially late at night or early in the morning hours), lewd conduct, or police detentions or arrests.

(ix)

The cannabis operation is not likely to violate any provision of the Pacifica Municipal Code or condition imposed by a City-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.

(x)

The applicant and/or the cannabis operation is not the subject of or a party to any of the following: pending litigation filed by the City against the applicant or any of its principals to enforce the Pacifica Municipal Code; a pending code enforcement case against the applicant or any of its principals relating to illegal

cannabis activity; or an outstanding balance owed to the City by applicant or any of its principals for any unpaid taxes, fees, fines, or penalties.

(xi)

The applicant has not made a false statement of material fact or omitted a material fact in the application for a cannabis activity permit, as known at the time of determination on the application.

(xii)

The cannabis operation's site plan has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.

(2)

Supplemental findings for issuance of cannabis activity permit—Manufacturing facilities. In addition to the findings required for the approval of a use permit as set forth in Section 9-4.3303 (as it may be amended) and supplemental findings for approval of a cannabis activity permit as set forth in Section 9-4.4805(a)(1), the Planning Commission, or the City Council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis activity permit for a cannabis manufacturing operation:

(i)

The manufacturing operation, as proposed, will operate in accordance with the activities allowed under the definition of a cannabis manufacturing operation as provided in Section 9-4.4801(d).

(ii)

The manufacturing operation includes adequate quality control measures to ensure any cannabis product manufactured at the site meets industry standards.

(iii)

The manufacturing operation does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids, or substances.

(b)

Criteria for denial. The Planning Commission shall deny an application that meets any one of the following criteria:

(1)

Any supervisor, employee, or person having a ten (10%) percent or more financial interest in the cannabis operation has been convicted of a felony or a drug-related misdemeanor reclassified by Section 1170.18 of the California Penal Code (Proposition 47) within the past ten (10) years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere;

(2)

Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medicinal cannabis pursuant to Section 11362.7 of the Health and Safety Code;

(3)

Any person who is listed on the application or is an owner or operator is less than twenty-one (21) years of age;

(4)

The proposed cannabis operation does not comply with the provisions of this article or state cannabis laws; and

(5)

The Planning Commission is unable to make a required finding contained in this section.

(c)

Planning Commission determination. If the Planning Commission, by a majority vote of a quorum of Commissioners, denies the application, the Planning Commission shall specify in writing the reasons for the denial of the application, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Section 9-4.4805(d).

(d)

Appeal from Planning Commission determination. An applicant or any aggrieved person who disagrees with the Planning Commission's decision to issue, issue with conditions, or to deny or revoke a cannabis activity permit may appeal the Planning Commission's decision to the City Council in accordance with the appeal provisions of Section 9-4.3304.

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

Sec. 9-4.4806. - Suspension and revocation by Planning Commission.

(a)

Authority to suspend or revoke a cannabis activity permit. Any permit issued under the terms of this article may be suspended or revoked by the Planning Commission in accordance with the provisions of Section 9- 4.3309.

(b)

In addition to the provisions of Section 9-4.3309, a cannabis activity permit may be revoked if it appears to the Commission that the cannabis operation has violated any of the requirements of this article, the cannabis operation is being operated in a manner which violates the operational requirements or security plan required by this Code, the cannabis operation is being operated in a manner which constitutes a

nuisance, the cannabis operation has ceased to operate for thirty (30) days or more, or the cannabis operation is being operated in a manner which conflicts with or violates state cannabis law.

(c)

Any cannabis activity permit revoked pursuant to this subsection shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis activity permit.

(d)

Notwithstanding subdivision (a) of Section 9-4.4806, revocation, expiration or nullification of a public safety license pursuant to Section 4-16.07 shall automatically terminate the cannabis activity permit issued to the licensee and shall terminate the ability of the licensee to operate a cannabis operation without initiation of revocation proceedings by the Planning Commission.

(e)

Annual review of cannabis operations. The Planning Department is hereby authorized to conduct an annual review of the operation of each permitted cannabis operation within the City for full compliance with the operational, recordkeeping, nuisance and other requirements of this article. A fee in an amount established by resolution of the City Council may be collected in order to reimburse the City for the time involved in the annual review process. The staff may initiate a permit suspension or revocation process for any cannabis operation which, upon completion of an annual review, is found not to be in compliance with the requirements of this article or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis operation, place on a Planning Commission meeting agenda, a proposal to suspend or revoke a cannabis permit.

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

Sec. 9-4.4807. - Public nuisance.

Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure, section 731 or any other remedy available to the City.

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

Sec. 9-4.4808. - Severability.

If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have passed this article and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

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

Article 49. - Short-Term Rentals[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 901-C.S., § 2, effective September 10, 2025, repealed art. 49, §§ 9-4.4900—94.4907 and enacted a new art. 49 as set out herein. Former art. 49 pertained to similar subject matter and derived from § 2, Ord. 835-C.S., effective July 10, 2018 and § 2, Ord. 888-C.S., effective March 29, 2023.

Sec. 9-4.4900. - Purpose and intent.

The purpose of this article is to establish regulations governing the short-term rental of residential property within the City of Pacifica in order to ensure the health, safety, and welfare of the residents of the City of Pacifica, and to allow for the short-term rental of single-family and multi-family dwelling units for less than thirty (30) consecutive days, while still preserving the residential character of neighborhoods, and preventing Short-term rental activities from becoming a nuisance or a threat to public health, safety or welfare.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4901. - Definitions.

For the purposes of this article, unless otherwise apparent from the context, the following words and phrases are defined as set forth below:

(a)

"Administrator" means the Assistant City Manager or designee.

(b)

"Advertising platform" means a marketplace in whatever form or format which facilitates short-term rentals through advertising, matchmaking, or any other means, using any medium of facilitation, and from which the operator of the platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

(c)

"Condominium" or "condominiums" means 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.

(d)

"Events" mean weddings, conferences, retreats, commercial events, loud or disruptive gatherings of any kind, parties or any other similar gatherings which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood.

(e)

"Legally permitted bedroom" means the number of bedrooms that are officially approved for occupancy within a dwelling unit, as reflected in the building permit records of the City of Pacifica.

(f)

"Multi-family development" means a building, or portion thereof, used and designed as a residence for two (2) or more families living independently of each other and doing their own cooking in such building. Multifamily includes a duplex, triplex, and attached units (inclusive of attached single-family dwellings), apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.

(g)

"Natural person" means a living human being.

(h)

"Noise monitor" means a noise detecting alarm sensor device with a call-assist feature that is located on the exterior of the rental property or other noise detecting device/sensor with features that do not have a camera, record conversations, nor store any personal data. The noise monitor shall have the capability of detecting noise at levels established by the operator in order to comply with the regulations found in the Pacifica Municipal Code. A Noise Monitor is not a Type I or II Sound Level Meter (SLM).

(i)

"Operate" means the operation of a short-term rental, and includes the acts of establishing, offering, maintaining, or listing for rent a short-term rental with an advertising platform.

(j)

"Operator" means the natural person who has applied for a short-term rental permit or has been issued a short-term rental permit by the City.

(k)

"Person" means natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity.

(l)

"Permit" or "short-term rental permit" means a permit issued by the city pursuant to this article to allow the use of a single short-term rental on a single site.

(m)

"Primary residence" means a residence where a person resides, full-time, for more than six (6) months out of the year. Primary residence shall not include an accessory dwelling unit or a junior accessory dwelling unit.

(n)

"Quiet hours" means the period between 10:00 p.m. and 7:00 a.m.

(o)

"Rental" means the occupancy or use of a dwelling unit property, in exchange for any form of rent that may be valued in money, including cash, credit, goods, labor, or property, regardless of whether such rent is actually received.

(p)

"Responsible party" shall mean a natural person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pacifica Municipal Code by all short-term renters and visitors of a site being used for a short-term rental, twenty-four (24) hours per day, seven (7) days per week.

(q)

"Single-family dwelling unit" means a building designed for, or used to house, not more than one family, including all necessary employees of such family. Single-family-attached homes are not included in this definition.

(r)

"Site" shall mean the assessor's parcel upon which the short-term rental is located.

(s)

"Short-term rental" means the use of a dwelling unit, or portion of it, for a rental of less than thirty (30) consecutive days. A "short-term rental" can be either unhosted or hosted.

i.

"Hosted short-term rental" means a short-term rental use where a resident, who is the operator and acting as a host, occupies one or more bedrooms in a dwelling unit while other areas of the dwelling unit or main residence on the site are rented for the purpose of transient overnight lodging.

ii.

"Unhosted short-term rental" means a short-term rental use where no operator is present on the site during the course of the rental.

(t)

"Short-term rental permit cap" means the maximum number of short-term rental permits that may be issued at any given time by the City.

(u)

"Short-term renter" or "guest" means a person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement

for a period of less than thirty (30) consecutive days, counting portions of days as full days in a short-term rental.

(v)

"Visitor" means a person who is not entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement related to a short-term rental.

In the event of a conflict between the words and phrases defined in this article and the words and phrases defined Title 9 "Planning and Zoning, Chapter 4 "Zoning", Article 2 "Definitions", the definitions in this article shall prevail.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4902. - Permits required for short-term rentals—Permit cap.

(a)

The short-term rental of residential dwelling units is a prohibited use in every zoning district in the City, with the exception of permitted short-term rentals approved pursuant to the requirements of this article.

(b)

Subject to the requirements of this article, including the short-term rental permit cap, short-term rentals are allowed as accessory uses to residential dwelling units in all zoning districts where residential dwelling units are allowed as a permitted or conditional use.

(c)

Permit cap. The short-term rental permit cap shall be one hundred fifty (150) short-term rental permits at any given time. The Administrator shall not approve any applications for short-term rental permits once the Administrator has determined that the short-term rental permit cap has been reached.

(d)

The Administrator shall create a waiting list where the number of short-term rental applicants exceeds the total number of available short-term rental permits. Pursuant to Section 9-4.4904(g) of this article, shortterm rental applications for qualifying properties on the wait list shall be processed in the order applications were received.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4903. - Standards applicable to short-term rental sites.

The following standards shall apply to any site offered as a short-term rental. No short-term rental permit shall be issued if the site is not compliant with the following:

(a)

In accordance with Section 9-4.453(a)(6) and 9-4.454(a)(6), no person may operate a short-term rental in any accessory dwelling unit or junior accessory dwelling unit;

(b)

No person shall operate or allow a short-term rental in any location not approved for use as a permanent dwelling unit (received Certificate of Occupancy or equivalent final inspection), including, but not limited to, any vehicle, trailer, tent, storage shed or garage;

(c)

Each operator operating a short-term rental shall have their primary residence at the site of the short-term rental. To prove primary residency, the operator must provide at least three (3) forms of documentation to the Administrator evidencing that the site of the short-term rental is their primary residence for more than six (6) months of the year. A State or Federally issued identification card must be one (1) of the documents provided, and others may include, but are not limited to, proof of homeowner's tax exemption, voter registration card or certificate, or proof of vehicle registration;

(d)

An operator shall operate only one (1) short-term rental at any given time;

(e)

For a single-family residential unit or a residential condominium dwelling unit, one (1) short-term rental may operate as an accessory use on the site; and

(f)

For a multi-family development, only hosted short-term rentals may be operated as an accessory use to an individual unit within the multi-family development.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4904. - Short-term rental permit required.

Subject to those requirements in Section 9-4.4903 and subject to the short-term rental permit cap specified in Section 9-4.4902, a short-term rental permit along with a short-term rental permit number may be approved and issued by the Administrator, provided that the Administrator determines the applicant has met the following requirements:

(a)

Application. Any person seeking to operate a short-term rental must complete an application on a form provided by the City, accompanied with the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:

i.

Name and contact information of the operator;

ii.

All adults for whom the property is a permanent residence shall be listed;

iii.

The name and contact information of the authorized responsible party. Any change in the responsible party's address or telephone number shall be promptly furnished to the City within forty-eight (48) hours of such change;

iv.

Site plan showing location, dimensions, and use of all existing buildings on the site, and on-site parking;

v.

Floor plan showing the use of all rooms per the California Building Code, and identifying legally permitted bedrooms rooms, rooms and doors to be used for the short-term rental;

vi.

If the operator is not the property owner, the property owner's written consent to the short-term rental use;

vii.

The operator shall provide documentation required by Section 9-4.4903(c) that the site is the operator's primary residence;

viii.

Identification of whether the short-term rental shall be a hosted or unhosted short-term rental or combination of both, and the estimated number of nights per year the short-term rental will be rented;

ix.

Advertising platform(s) used by the operator to advertise the short-term rental;

x.

Proof that the operator has installed a noise monitor on the exterior of the short-term rental in a location to ensure that accurate noise levels can be taken by the noise monitor;

xi.

Proof of insurance or insurance certificate for the site.

xii.

The permit application and any associated business licenses shall include an affidavit signed by the owner under penalty of perjury stating that all the information in the application is correct and that the owner maintains full responsibility that the short-term rental shall be advertised, rented, operated, and maintained

in compliance with this article and all other relevant municipal codes. Failure to sign the affidavit shall be grounds for denial of a short-term rental permit.

(b)

The permit application shall be accompanied by an application fee in an amount established by City Council resolution. Applications for a short-term rental permit shall not be deemed complete until all information required by this article is provided and the short-term rental application fee, as set by City Council resolution, is paid to the City.

(c)

The permit application shall be accompanied by a signed safety declaration, under penalty of perjury, in a form prepared by the Administrator, to be kept in the property file at the City, self-certifying that the shortterm rental is in a safe and habitable condition and contains working smoke detector(s), carbon monoxide detector(s), and fire extinguishers have been installed and maintained consistent with the requirements of and in compliance with the California Fire Code, as adopted by the City in Title 4, Chapter 3, Article 1 of this Code and the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8 of this Code.

(d)

Inspection of short-term rentals. For short-term rentals, the City shall conduct a life, safety and health inspection of the proposed short-term rental unit, prior to issuing a short-term rental permit.

(i)

A life, safety, and health inspection shall include verification of the number of legally permitted bedrooms, the presence and operation of working smoke detector(s), carbon monoxide detector(s), fire extinguishers, pools/spas, and lighted ingress/egress. The City shall also verify that no space has been converted into a bedroom or living space without permits required by the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8, or any other provision of this Code.

(ii)

The permit application shall be accompanied by a separate STR inspection fee in an amount established by City Council resolution.

(e)

Consent to inspection and production of records. For all short-term rentals, the permit application shall be accompanied by a consent to inspection in a form prepared by the Administrator, which shall be signed by the operator and if the operator is not the owner of the site, the owner of the site consenting to (i) physical inspection(s) by city staff, contractors, or representatives for the purpose of verifying compliance with this article during regular business hours (7:30 a.m. to 5:30 p.m.) upon forty-eight (48) hours' notice and (ii) that if said inspection is deemed necessary by the Administrator because of complaints received by the City of

non-compliance, the operator will produce records demonstrating compliance with all provisions of this article within seven (7) calendar days of the request.

(f)

Compliance with the Municipal Code. No short-term rental permit shall be issued if there are any unresolved or outstanding building, electrical, plumbing, fire, health, housing, police, or planning violations or enforcement actions issued by the City or other enforcement agency, including, but not limited to, any administrative citations, notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices related to the site.

(g)

Compliance with operation requirements. No short-term rental permit shall be issued if the site has had two (2) or more violations of this article within twelve (12) months prior to application submittal. No short-term rental permit shall be issued if the operator has had a short-term rental permit revoked within twelve (12) months of the application date by the City of Pacifica.

(h)

Waitlist. The Administrator will maintain a waiting list when the number of short-term rental applicants exceeds the short-term rental permit cap identified in Section 9-4.4902. The Administrator will continually maintain the short-term rental permit cap inventory as permits are not renewed or revoked. Persons wishing to be placed on the waitlist shall submit a waitlist application on a form provided by the City accompanied by the completed short-term rental permit application required by Section 9-4.4904(a). A nonrefundable waitlist application fee in an amount established by resolution of the City Council shall be remitted with the application. Short-term rental applications for qualifying properties on the waitlist will be processed bi-annually between October 31 and November 30 of each year and between April 30 and May 31 of each year based on the date of receipt of the application, starting with the oldest date. The Administrator, in their discretion, may require an applicant placed on the waitlist to provide updated information at the time a short-term rental permit becomes available, in accordance with requirements in place at the time the application is being considered.

(i)

Appeals of determination of administrator. Any decision of an Administrator relating to an application or the waitlist may be appealed within ten (10) days of the decision of the Administrator to an administrative hearing officer, pursuant to the process specified in section 9-4.4908(d).

(j)

All operators and their respective sites, authorized by the City for the operation of a short-term rental pursuant to this article, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry on the City's website, and a copy shall be sent electronically to any person or hosting platform upon request.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

A short-term rental must comply with the following operation requirements at all times that the short-term rental permit is issued:

(a)

Permit required. The short-term rental must be operated under a valid short-term rental permit issued by the City in accordance with Section 9-4.4904;

(b)

The operator shall, during the term of the short-term rental permit, promptly inform the Administrator regarding any changes to the information provided in the application, including contact information and advertising platform(s) used by the operator to advertise the short-term rental;

(c)

The operator shall, at all times while the site is being used as a short-term rental, maintain a responsible party that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the short-term rental. The operator can be identified as the responsible party. The responsible party shall be a local contact person who shall meet all of the following requirements: 1) be available twenty-four (24) hours per day and seven days a week when the short-term rental is in operation and 2) be accessible and able to respond in person at the short-term rental within a reasonable time of thirty (30) minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling and 3) be responsive to take remedial action necessary to resolve any violation of the requirements of this article;

(d)

The operator must provide the following materials electronically to any short-term renters before arrival and make available printed materials at the site for the guest with the following information:

i.

A diagram of exits, fire extinguisher locations, and fire and police contact numbers;

ii.

The short-term rental operator's contact information;

iii

The responsible party's contact information;

iv.

Information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations, disclosure that the property is equipped with a noise monitoring device, quiet

hours, and trash, composting, and recycling disposal requirements including collection time and date and instructions on collection and use of the collection containers;

v.

The City's noise regulations (Chapter 10 of Title 5 of this Code); and

vi.

The City's Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code);

(e)

The operator shall include the City-issued short-term rental permit number in any advertising platform or any other advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of a short-term rental on the site. The short-term rental permit number must also be prominently and legibly included in the first line of the property description text in any advertisement in the following format: "City of Pacifica Short-term Rental Permit No. #### ";

(f)

Each short-term rental site shall be identified with a single, weatherproof exterior sign, not more than two (2) square feet in total area, posted either at the front of the site and visible from the right-of-way for single family dwellings, or on the door if it is a hosted Multi-family dwelling unit or condominium, indicating the site is being utilized as a short-term rental. The sign shall include the short-term rental permit number and a quick response (QR) code that is a minimum of 3-by-3 inches with the operator's name and contact information and the responsible party's name and contact information, if different, and a link to the City's code enforcement website. The sign shall be in a form approved by the Administrator. At a minimum, the sign shall be posted while the site is being utilized as a short-term rental;

(g)

A short-term rental shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity or neighborhood parking impacts. The property address shall be clearly marked;

(h)

A short-term rental shall comply with all provisions of the Pacifica Municipal Code, including, but not limited to, the City's noise regulations (Chapter 10 of Title 5 of this Code) and the Loud and Unruly Gatherings and Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code), Garbage, Collection and Recycling (Chapter 5 of Title 6 of this Code), and the Building Regulations (Chapters 1-17 of Title 8 of this Code);

(i)

A short-term rental shall comply with all applicable state and local laws and orders, including any public health order;

(j)

Each person operating a short-term rental shall comply with the transient occupancy tax requirements set forth in Chapter 7 of Title 3 (Transient Occupancy Tax) of this Code, and shall obtain a Transient Occupancy Registration Certificate pursuant to Section 3.7-06 for the entire period of time the site is used as a shortterm rental;

(k)

Each person operating a short-term rental shall obtain a business license and pay the business license tax required pursuant to Chapter 1 of Title 3 (Business Licenses) of this Code for the entire period of time the site is used as a short-term rental;

(l)

The operator of a hosted short-term rental must be on-site between the hours of 11:00 p.m. and 6:00 a.m. when the site is being utilized as a short-term rental;

(m)

Maximum overnight occupancy for all short-term rentals shall not exceed two (2) short-term renters per legally permitted bedroom. Children under the age of six (6) shall not count towards these occupancy limits;

(n)

In addition to the maximum number of short-term renters allowed, the number of visitors allowed at any time in a short-term rental shall not exceed one half of the maximum short-term Renters allowed, and visitor hours are limited to 8:00 a.m.—10:00 p.m.;

(o)

Short-term renters shall not make any excessive or loud noise during quiet hours from 10:00 p.m.—7:00 a.m. daily;

(p)

Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m.—7:00 a.m.;

(q)

In addition to the noise standards identified in Chapter 10 of Title 5 and Chapter 28 of Title 5 of this Code, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term rental. Any machine, device or equipment that amplifies music inside any short-term rental shall not be heard beyond the property line of the short-term rental at all times;

(r)

Each operator shall install and maintain in continuous operation a noise monitor on the exterior of the short-term rental to ensure compliance with the City's noise regulations (Chapter 10 of Title 5 of this Code).

The Operator shall retain a record of the noise monitor readings for a period of thirty (30) days after each rental of the short-term rental;

(s)

The short-term rental must provide at least one (1) off-street parking space per legally permitted bedroom that is being utilized as a short-term rental, which shall be dedicated and available to short-term renters during the period of the rental;

(t)

Short-term rentals shall not be concurrently used for any commercial event (such as a corporate retreat or conference), and shall not be used for any non-commercial event that is likely to result in a violation of traffic, parking, noise, or other standards regulating the residential use and character of the neighborhood. Home occupations conducted by the primary resident compliant with the City's home occupation ordinance are allowed; provided that parking and all other requirements for both the short-term rental and the home occupation are met;

(u)

Short-term rental use shall comply with trash and recycling requirements and scheduled solid waste pickup days at least once per week. Trash and recycling containers shall be located to be readily accessible for servicing, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or any other places as to constitute a nuisance; and

(v)

Unhosted short-term rentals. The following additional operation requirements shall apply only to unhosted short-term rentals:

i.

An unhosted short-term rental shall be operated no more than sixty (60) nights per year, commencing on October 31 of each year and ending October 30 of each year.

ii.

Minimum stay. unhosted short-term rentals shall have a minimum two (2) consecutive night stay for shortterm renters.

iii.

Unhosted short-term rentals are prohibited in multi-family development units.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4906. - Record keeping.

The operator shall retain records documenting the compliance with this article for a period of three (3) years after any short-term rental, including, but not limited to, records indicating the history of all short-term

rental reservations on the subject property from the advertising platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, and number of persons per reservation. The operator shall provide any such documentation to the City within thirty (30) days of the City's request. Notwithstanding the foregoing, readings from the noise monitor shall be retained for a period of thirty (30) days after the rental of the short-term rental.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4907. - Permit term and renewal.

(a)

Term. A short-term rental permit is valid for one (1) year from the date of issuance until October 31 of each year, unless suspended or revoked by the Administrator prior to October 31.

(b)

Renewal. The short-term rental permittee may renew the permit annually by submitting a renewal application, in a form prepared by the Administrator, and applicable fee between October 1 and October 31 of each year, regardless of when the short-term rental permit was issued. If a renewal application and fee are not filed prior to the October 31 deadline, the short-term rental permit shall expire automatically. Under such conditions, the operator shall be required to apply for and obtain a new short-term rental permit, subject to the requirements in effect at the time an application is submitted.

i.

Renewal applications shall be reviewed for compliance with this article. If a short-term rental operator is not in compliance with this article, the short-term rental shall not be renewed.

ii.

Proof of rental nights. For any renewal, the operator shall provide documentation of the number of nights the unit was rented during the prior year, including whether the unit was used as a Hosted short-term rental or an unhosted short-term rental.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4908. - Permit suspension and revocation.

(a)

Permit suspension. The Administrator may suspend a short-term rental permit, at the Administrator's sole discretion, after making a determination that the operator has violated any provisions of this article if the Administrator determines that the nature of the violation may be corrected within a reasonable period of time.

(b)

Permit revocation. The Administrator may revoke a short-term rental permit, at the Administrator's sole discretion, after making a determination that the operator has violated any of the provisions of this article or

is operating the short-term rental in a manner that is detrimental to the public health, welfare or safety or constitutes a nuisance. A short-term rental permit may also be revoked for the following reasons:

i.

That the short-term rental permit was obtained by misrepresentation, false statement, or fraud;

ii.

That the short-term rental activity is being conducted in violation of local or state or federal law;

iii.

That two (2) violations of this article have occurred on the site within the preceding twelve (12) months;

iv.

That the short-term rental is being operated in a manner that is detrimental to the public health, welfare or safety;

v.

That consent to an inspection has not been provided; or

vi.

That records documenting the compliance with this article, including, but not limited to, records indicating the history of all short-term rental reservations on the site from the advertising platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, number of persons per reservation and were not provided to the City within thirty (30) days of the City's request.

(c)

The Administrator shall provide the short-term rental operator with written notice stating the supporting factual basis for the decision. The notice shall contain an advisement of the right to request an appeal before a hearing officer by filing a written appeal.

(d)

Appeal to Hearing Officer. Suspension or revocation issued by the Administrator pursuant to paragraph (a) or (b) will be effective ten (10) days from the date appearing on the notice, unless a timely appeal is filed before such date along with the deposit of an appeal fee established by resolution of City Council. A hearing shall be scheduled before the hearing officer within thirty (30) days. The decision of the hearing officer shall be a final administrative order, with no further administrative right of appeal or reconsideration. The hearing officer may sustain a denial, suspension, or revocation, overrule a denial, suspension, or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension.

(e)

Reapplication. No application for a short-term rental permit will be accepted within one year after a shortterm rental permit is revoked.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4909. - Violations and enforcement.

(a)

The City may issue a notice of violation or administrative citation for any violation of this article, to any occupant, invitee, renter, lessee, owner of the property, operator, responsible party, managing agency or agent, and/or advertising platform for a violation of any provision of this article or other provisions of the Code pursuant to Title 1 of this Code.

(b)

Each and every day, or portion thereof, that a violation of this article and/or Code exists constitutes a separate and distinct violation for which a notice of violation or administrative citation may be issued by the City. Such notice of violation or administrative citation shall be issued, notice given, and any appeals heard in the manner and by the process described in Title 1 of this Code.

(c)

A violation of any provision of this article, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. The fine amount for each violation shall be one thousand and no/100ths ($1,000.00) dollars. Notwithstanding the preceding sentence or any other section of this article, a violation of this article may, in the discretion of the enforcement officer be charged and prosecuted as an infraction. In addition, the City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Title 1 of this Code.

(d)

Pursuant to Government Code Section 36900(d), for infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred and no/100ths ($1,500.00) dollars for an initial violation of this chapter, three thousand and no/100ths ($3,000.00) dollars for a second violation of the same provision within one (1) year, and five thousand and no/100ths ($5,000.00) dollars for each subsequent violation of the same provision within one (1) year. Operation of a short-term rental without a permit or violations of the any of the provisions of this article shall be deemed to pose a threat to public health or safety.

i.

For fines imposed under this subsection, the Administrator may grant a hardship waiver to reduce the amount of the fine upon a showing by the short-term rental permittee that the short-term rental permittee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations.

ii

The fines set forth in this subsection shall not apply to a first-time offense of failure to register or pay a business license fee.

(e)

Revocation. In addition to the fines and penalties imposed by this section, upon a second violation of this article within a twelve (12) consecutive month period, the Administrator shall revoke the short-term rental permit.

(f)

Cost recovery. The City's costs to enforce this section are the responsibility of the operator. The costs may be recovered pursuant to Chapter 2 of Title 1 of this Code, Government Code Section 38773 et seq. and any other legal method.

(g)

Administrative subpoenas. The city manager, or designee, shall have the authority to request the city attorney to subpoena witnesses to compel their attendance and testimony at hearings and to require the production of books, papers, records or other relevant items regarding short-term rental listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the short-term rental listings comply with this article. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, advertising platform, or short-term rental operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period.

(h)

Any aggrieved resident of the City may invoke violations of this article as a basis for a private action for injunctive relief to prevent or remedy a public nuisance violation. For purposes of this subsection, "aggrieved resident" is defined as any individual who resides or owns property with three hundred (300) feet of the subject short-term rental and has personally experienced disruption, nuisance, or harm due to a violation of this chapter. No action may be brought under this subdivision unless and until the prospective plaintiff has given the City and the prospective defendant(s) at least thirty (30) days written notice of the alleged public nuisance and the City has failed to initiate proceedings within that period, or after initiation, has failed to diligently prosecute. The prevailing party in any such action shall be entitled to recover reasonable costs and attorney's fees.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4910. - Administrative regulations.

The Administrator is authorized to promulgate any policies or procedures necessary to implement and enforce this article, including, but not limited to, administering the waitlist set forth in Section 9-4.4904(h) and a process for accepting and prioritizing applications received after the short-term rental permit cap set forth in Section 9-4.4902 is reached.

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4911. - Advertising platform responsibilities.

Advertising platforms shall be responsible for the following:

(a)

Subject to applicable laws, advertising platforms shall disclose to the City on a regular basis each shortterm rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

(b)

Advertising platforms shall not complete any booking transaction for any short-term rental unless it is listed on the City's registry created under section 9-4.4904(j), at the time the advertising platform receives a fee for the booking transaction.

(c)

Safe harbor. An advertising platform operating exclusively on the Internet, which operates in compliance with subsections (a) and (b) above, shall be presumed to be in compliance with this article, except that the advertising platform remains responsible for compliance with the administrative subpoena provisions of this article.

(d)

The provisions of this section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Sec. 9-4.4912. - Application of ordinance to issued short-term rental permits.

(a)

Areas outside the Coastal Zone. Upon the effective date of this ordinance, the following provisions of this ordinance shall be immediately applicable to all short-term rentals in areas outside the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-4.4902, 9-4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9- 4.4907, 9-4.4908, 9-4.4909, 9-4.4910 and 9-4.4911. All other provisions of this ordinance (Sections 9- 4.4903(c) through (f) and 9-4.4905(l) through (v)) shall not apply to short-term rentals that have been issued a short-term rental permit prior to the effective date of this ordinance until that short-term rental permit is renewed, terminated, or revoked.

(b)

Areas within the Coastal Zone. The Ordinance must be certified by the California Coastal Commission prior to enforcement in any areas of the Coastal Zone. Upon certification by the California Coastal Commission of an amendment to the City's local coastal program relating to the adoption of this ordinance:

i.

The following provisions of this ordinance shall be immediately applicable to all short-term rentals in areas within the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-4.4902, 9-4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9-4.4907, 9-4.4908, 9-4.4909, 9-4.4910 and 9-4.4911.

ii.

The following provisions of this ordinance shall not apply to short-term rentals that have been issued a short-term rental permit prior to the date of Coastal Commission Certification until the short-term rental permit is renewed, terminated or revoked: Sections 9-4.4903(c) through (f), 9-4.4905(l) through (v).

(§ 2, Ord. No. 901-C.S., effective September 10, 2025)

Article 50. - Development Agreements

This ordinance shall be known as the "Development Agreement Procedure Ordinance."

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

This article is enacted pursuant to the authority contained in Section 65864 et seq. of the California Government Code.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

The purposes of this chapter are:

(a)

To prescribe the procedure for consideration of development agreements;

(b)

To encourage private participation in comprehensive planning; and

(c)

To reduce the economic costs of development.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Application for a development agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Application shall be made on a form prescribed

by the Planning Director and shall be filed with the Planning Department. The application shall be accompanied by a fee prescribed by the City Council, and a project description, which may, at the discretion of the Planning Director, include the following:

(a)

A legal description of the affected property, a listing of property owners, and the proposed parties to the agreement;

(b)

A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the agreement and those that may vary;

(c)

An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project;

(d)

The special conditions, if any, to be imposed;

(e)

The timing of the development project;

(f)

Public facilities financing plan;

(g)

A statement of the relationship to the specific plan and to the general plan; and

(h)

Other items specific to the project proposal, as determined by the City Attorney or Planning Director.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

The Planning Director, or his or her designee, shall review the application to determine whether it is complete and schedule a public hearing before the Planning Commission pursuant to Section 9-4.5006. If

the application is not complete, the applicant shall be given an opportunity to provide additional information.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

(a)

An application for a development agreement shall be considered by the Planning Commission, which shall hold a public hearing on the application. Notice of the hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The Planning Commission shall determine whether the proposal is consistent with the city's General Plan and any applicable specific plan and may recommend approval or disapproval of the application, or recommend its approval subject to changes in the development agreement or conditions of approval, giving consideration to the factors set forth in Section 9-4.5007.

(b)

After a recommendation has been rendered by the Planning Commission, the City Council shall hold a public hearing on the application. Notice of the hearing and the intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the California Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The City Council shall review the recommendation of the Planning Commission and determine whether the proposal is consistent with the City's General Plan and any applicable specific plan, and may approve or disapprove the proposed development agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in Section 9-4.5007. If the City Council approves the development agreement or approves it subject to changes or conditions, it shall do so by ordinance.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

In reviewing an application for a development agreement, the Planning Commission and City Council shall give consideration to:

(a)

Other pending applications and approved projects;

(b)

The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community;

(c)

Ability of the applicant to address public facility needs and financing obligations;

(d)

The relationship of the project to the City's growth management program;

(e)

The provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessibility to the public;

(f)

The type and magnitude of the project's economic effects to the City of Pacifica, and of its contribution, if any, toward meeting the City's housing needs, including affordable housing; and

(g)

Any other comparable, relevant factor or factors.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Any development agreement that is considered for approval by the Planning Commission and City Council shall also be reviewed to ensure compliance with the California Environmental Quality Act (Public Resource Code § 21000 et seq.).

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Each development agreement shall be reviewed at least once every twelve (12) months by the Planning Director, or his or her designee, and the review period shall be specified in the agreement. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If the Planning Director finds that such compliance has been deficient, he or she shall forward this finding and his or her recommendation to the City Council for consideration in accordance with Section 9-4.5007.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

At any time the City Council may, at a public hearing, consider whether there are grounds for termination of any development agreement. The Planning Director shall give notice of the intention to conduct a review under this section as provided in Government Code sections 65090 and 65091. Notice of the hearing shall be given by posting notices thereof within three hundred (300) feet of the property involved. Notice of the hearing shall also be given by mail or delivery to the holder of the development agreement, to all parties who have commented on the initial application, and to other interested parties as deemed appropriate. All such notices shall be given not less than ten (10) days prior to the date set for the hearing. At the hearing,

the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of such review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the City Council may terminate or modify the agreement in whole or in part.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

A development agreement shall not be transferred or assigned to a new person without the written consent of the City. A successor in interest shall provide proof of ability to fulfill the applicant's obligations pursuant to the development agreement. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A development agreement may be amended, or canceled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

No later than ten (10) calendar days after the City enters into a development agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto. If the agreement is amended, canceled, or revoked pursuant to Sections 9-4.5010 and 9-4.5011, the City Clerk shall record notice of such action with the Recorder.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Article 51. - Reasonable Accommodation

Sec. 9-4.5101. - Purpose.

This article provides a procedure to request reasonable accommodation in the application of land use or zoning regulations, policies, procedures, or practices, as necessary, to ensure equal access to housing and facilitate the development of housing for individuals with disabilities as provided under fair housing laws.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5102. - Definitions.

(a)

"Fair housing laws" shall mean the "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodations required specifically by California Government Code Sections 12927(c)(1) and 12955(I), as any of these statutory provisions now exist or may be amended.

(b)

"Disability" shall include physical disability, medical disability, and medical condition as defined in California Government Code Section 12926.

(c)

"Reasonable accommodation" shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces.

(d)

"Reviewing authority" shall mean the appropriate decision making body as described in Section 9-4.5107.

(e)

"Zoning Administrator" shall mean the office of Zoning Administrator as detailed in Article 38 of this chapter.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5103. - Applicability.

This article applies to any person with a disability, their representative, or any developer or provider of housing for individuals with disabilities, who requests a reasonable accommodation when the application of land use or zoning regulations, policies, procedures, or practices acts as a barrier to fair housing opportunities for a person with a disability in accordance with fair housing laws. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5104. - Notice to the public of availability.

Notice shall be prominently displayed at the public information counter in the Planning Department and on the City's website, advising the public of the availability of a procedure for eligible individuals to apply for a reasonable accommodation. Any required form(s) and other information for requesting reasonable accommodation shall be available to the public in the Planning Department and on the City's website.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5105. - General provisions.

(a)

A request for reasonable accommodation from land use or zoning regulations, policies, procedures, or practices may be filed at any time that the accommodation is necessary to ensure equal access to housing. Examples include, but are not limited to, reduced setbacks for accessibility improvements; reduced minimum landscaping coverage for hardscape additions, such as widened driveways, parking areas or walkways; or heritage tree removal to allow construction of accessibility features. A request for reasonable

accommodation pursuant to this Article shall not regulate the standards set forth in Title 8 (Building Regulations) of the PMC.

(b)

Where improvements or modifications approved through a reasonable accommodation would generally require a variance or a parking exception, the reasonable accommodation shall satisfy this requirement and a variance or parking exception shall not be required.

(c)

If an individual with a disability needs assistance in making a request for reasonable accommodation, the City will endeavor to provide the assistance necessary to ensure that the process is accessible to the requestor. The requestor may be represented at all stages of the proceeding by a person designated by the requestor as his or her representative.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5106. - Fees.

There shall be no fee for the first eight (8) hours of City staff time processing a reasonable accommodation request under this article. Fees for staff time in excess of this allowance, or for costs associated with other studies required pursuant to a request, shall be charged in accordance with the hourly rate as set forth in the fee schedule, as adopted by City Council, and shall require a deposit submitted by the requestor. A requestor may seek a reasonable accommodation for payment of fees in excess of the eight (8) hour allowance.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Sec. 9-4.5107. - Review and decision.

(a)

Reviewing authority.

(1)

A request for reasonable accommodation shall be reviewed by the Zoning Administrator without a public hearing pursuant to Section 9-4.3802 when no other discretionary approval is sought.

(2)

If the project for which the request is being made also requires one or more related discretionary approvals (including, but not limited to, use permit, coastal development permit, site development permit, etc.), then to the extent feasible, the requestor shall file the request for reasonable accommodation together with any related application for discretionary approval and the reasonable accommodation request. The appropriate decision making body in accordance with the procedures provided in this title for the other related discretionary approval shall be the reviewing authority for the reasonable accommodation request.

(b)

Review.

(1)

A request for reasonable accommodation shall be submitted on a form provided by the City and shall include all the information necessary to fairly and adequately review the reasonable accommodation request in accordance with the intent of this article, and any applicable fees. The information required may include, but shall not be limited to:

(i)

Name and address of the individual or entity requesting reasonable accommodation.

(ii)

Address of the property for which accommodation is requested.

(iii)

The current use of the property that is the subject of the request.

(iv)

Description of the requested accommodation and the regulation, policy or procedure for which accommodation is sought.

(v)

The reason that the requested accommodation may be necessary for the individual with the disability to use and enjoy the dwelling.

(vi)

A site plan and/or floor plan of the property demonstrating the location of the reasonable accommodation, and including interior dimensions, property line setbacks, and height of the accommodation.

(vii)

Name and address of the property owner.

(viii)

Authorization by the property owner to implement the reasonable accommodation.

(2)

Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(c)

Public notice and timing.

(1)

The Zoning Administrator shall make a written determination on a reasonable accommodation request within forty-five (45) days of finding the information related to the request complete when no discretionary approval is sought. The Zoning Administrator shall make its determination of the reasonable accommodation request without issuing a public notice and without conducting a public hearing.

(2)

When a reasonable accommodation request is being requested in conjunction with a related discretionary approval, public noticing for the reasonable accommodation shall occur in compliance with the public noticing procedure for the discretionary approval. The reviewing authority for the discretionary approval shall make a determination on a reasonable accommodation request in compliance with the review

a reasonable accommodation request is being requested in conjunction with a related discretionary approval, public noticing for the reasonable accommodation shall occur in compliance with the public noticing procedure for the discretionary approval. The reviewing authority for the discretionary approval shall make a determination on a reasonable accommodation request in compliance with the review

procedure for the associated discretionary approval, including, but not limited to, any requirement for public notice or public hearing; except, however, approval of a variance or parking exception shall not be required for purposes of deviating from development standards directly related to the requested reasonable accommodation.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the reviewing authority may request further information from the requestor or others consistent with this article and the fair housing laws, specifying in detail what information is required. If a need for further information is made of the requestor, the time period to issue a determination shall be stayed until the requestor responds to the request.

(d)

Findings. The reviewing authority shall issue a written decision to grant, grant with modifications, or deny a request for reasonable accommodation which shall be consistent with fair housing laws and based on the following factors:

(1)

That the housing which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected pursuant to fair housing laws;

(2)

That the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws, and alternatives that may provide an equivalent level of accommodation while complying with applicable land use or zoning regulations, policies, procedures, or practices are infeasible;

(3)

That the requested reasonable accommodation would be constructed in a manner that is architecturally compatible with the subject property, to the maximum extent practicable, while still achieving the required functionality of the reasonable accommodation;

(4)

That the requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

(5)

That the requested reasonable accommodation would not constitute a fundamental alteration of the City's land use or zoning regulations, policies, procedures, or practices, including the Local Coastal Program, as applicable;

(6)

That the requested reasonable accommodation would not have significant adverse impacts on coastal resources; and

(7)

That the requested accommodation would not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area.

(e)

Decision.

(1)

The reviewing authority's written decision shall provide a description of the subject property, the reasonable accommodation requested, conditions of approval (if any), and findings pursuant to subsection (d). The requestor shall be given notice of the right to appeal. The decision shall be mailed to the requestor, to any person who provided written comment on the request, and to any other person who requests notice.

(2)

Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this article.

(3)

The reviewing authority may approve alternative accommodations that provide equivalent and reasonable levels of accommodation to the requestor.

(4)

The written decision of the reviewing authority shall be final, unless appealed as set forth in Section 9- 4.5108.

(5)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.

(6)

It shall be at the discretion of the reviewing authority whether to include a condition of approval to a request for reasonable accommodation under this article to provide for its rescission or automatic expiration under appropriate circumstances.

(7)

Any nonconformity with land use or zoning regulations, policies, procedures, or practices which may be created as a result of approval of a reasonable accommodation request shall not be a basis for future development or redevelopment in reliance on that nonconformity.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019; Ord. 867-C.S., § 3, eff. September 22, 2021)

Sec. 9-4.5108. - Appeals.

(a)

In the event the requestor or any aggrieved person is not satisfied with the action of the Zoning Administrator on the determination of a reasonable accommodation request, a written appeal may be made within ten (10) days after the action and shall be filed in accordance with Section 9-4.3804.

(b)

In the event the requestor or any aggrieved person is not satisfied with the action of the Planning Commission on the determination of a reasonable accommodation request, a written appeal to the Council may be made within ten (10) days after the action. Such appeal shall be filed with the City Clerk and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(c)

If an individual needs assistance in filing an appeal described in this section, the City shall provide assistance to ensure that the appeals process is accessible.

(d)

Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(e)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available in accordance with the law.

(f)

Any appeal of a discretionary approval decision which may have been considered by the reviewing authority in conjunction with the request for reasonable accommodation pursuant to Section 9-4.5107, shall be appealed in accordance with the appeal procedures provided in this title for the discretionary approval being appealed.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Article 52. - Outdoor Commercial Permit

Sec. 9-4.5200. - Purpose and intent.

The purpose of this article is to establish regulations to allow outdoor commercial use and non-permanent structures within the public right-of-way or outdoor areas for commercial use on private properties. The intention of this article is to provide a tool for economic development and to encourages a sense of community.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5201. - Definitions.

(a)

"Administrator" shall mean the Planning Director or designee.

(b)

"Business sponsor" shall mean a single businessowner, a representative of business ownership of an existing commercial business who has submitted an application for an outdoor commercial permit on behalf of a single existing commercial business. A "business sponsor" may also include a representative of multiple existing commercial businesses that have submitted a joint application for a single outdoor commercial permit. A business shall only be associated with one business sponsor.

(c)

"Existing commercial business" shall mean an active commercial business with all valid and necessary licenses, permits, and approvals. For purposes of this article, a commercial business may also include nonprofit and religious organizations.

(d)

"Designated outdoor commercial area" shall mean the area defined for outdoor commercial use under the outdoor commercial permit.

(e)

"Furniture" shall mean tables, chairs, benches, and similar non-permanent amenities that facilitate commercial activities related to the existing commercial use.

(f)

"Outdoor commercial use" shall mean the conducting of commercial activity outside of an enclosed structure.

(g)

"Parking lane" shall mean the area within a public right-of-way where on-street parking is permitted to occur. Parking lane shall not contain any bicycle or pedestrian paths.

(h)

"Parklet" shall mean a platform or similar level surface constructed within an existing paved parking lane that may accommodate furniture.

(i)

"Permittee" shall mean a business sponsor who has been issued an outdoor commercial permit. In the instance when a business sponsor is a representative for more than one business, the business sponsor shall be considered the permittee and shall be responsible for actions of the other businesses identified on the application.

(j)

"Public right-of-way" shall mean a strip of land that contains the public street, sidewalks, and utilities. The edge of the right-of-way is also the property line for the abutting property.

(k)

"Enclosed structure" shall mean any structure having a roof and supported by walls on all elevations of the structure.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

No person or business shall undertake or establish a commercial use outside of an enclosed structure without first securing an outdoor commercial permit, unless the property has a valid use permit in accordance with Article 33 of this chapter or a development plan in accordance with Article 22 of this chapter or is otherwise permitted by law, and authorizes the specific commercial use to occur outside of an enclosed structure. An outdoor commercial permit may be issued for a designated outdoor commercial area in one of the following scenarios: (1) parking lane of a public right-of-way; (2) sidewalk of a public right-of-way; (3) off-street parking space areas on private property; and (4) existing paved or solid surface areas of private property which do not provide off-street parking spaces.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5203 - Permit application, term, and renewal.

(a)

The business sponsor must complete an application on a form provided by the City, as indicated by the Administrator. Such applications shall be accompanied by a fee as established by resolution of the City Council.

(1)

Parking Lane of Public Right-of-Way. Applications for an outdoor commercial permit in the parking lane of public right-of-way shall require a business sponsor to conduct neighborhood outreach to inform other businesses on the block that the business sponsor is seeking an outdoor commercial permit in the public right-of-way. The neighborhood outreach shall identify that more than one business can be part of an application and that only one designated outdoor commercial area in the parking lane of a public right-ofway is permitted per block. A final copy of the neighbor outreach material shall be provided to the City. The neighborhood outreach shall be conducted using one or more of the following methods:

(i)

Written communication via certified mail to all of the businesses on the block. The business sponsor shall provide City with certified mail receipts.

(ii)

A petition with signatures from at least two-thirds (⅔) of the business owners or their designees on the block. Business sponsor shall provide City with signed petition.

(iii)

Hosting one or more open house meetings (virtual or in-person) which is attended by at least two-thirds (⅔) of the business owners or their designees on the block. Business sponsor shall provide City with an attendance list for the meeting(s).

(b)

The Administrator shall solicit written comments and recommendations from the City Engineer for applications for the proposed outdoor commercial permit in the public right-of-way prior to approving or denying any application submitted pursuant to this article.

(c)

An outdoor commercial permit is valid for one year from the date of issuance, unless suspended or revoked by the Administrator in accordance with Section 9-4.5211.

(d)

The permittee may renew the permit annually, by submitting a renewal application and fee before, but not more than ninety (90) days prior to the expiration of the outdoor commercial permit. The City shall consider applications for renewal using the provision in Section 9-4.5205 and the permittee may continue to operate

in the designated outdoor commercial area until such time as the city either grants the renewal or denies the renewal of the outdoor commercial permit. If the permittee does not apply for a renewal of the outdoor commercial permit prior to the one-year anniversary of issuance of the outdoor commercial permit, the outdoor commercial permit shall expire on the one year anniversary without further notice to the permittee.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

The business sponsor must demonstrate compliance with the following eligibility standards:

(a)

The existing commercial business must be located in a zoning district that includes the use of the existing commercial business as a permitted use, or a conditional use with a valid use permit. An existing commercial business that is a nonconforming use shall not be eligible for an outdoor commercial permit.

(b)

The following commercial uses shall be eligible for an outdoor commercial permit: retail, retail restaurant, fast-food restaurant, restaurant, bars, personal services, art galleries and instructional studios for dance and arts or crafts, offices, churches, and health/fitness club. All other commercial uses shall not be eligible for an outdoor commercial permit.

(c)

Existing commercial businesses which operate within an enclosed structure are eligible to apply for outdoor commercial permit. Mobile businesses or businesses operating without an enclosed structure are not eligible for outdoor commercial permits. An outdoor commercial permit shall not be issued where the commercial use is proposed to occur on a vacant parcel.

(d)

Except for outdoor commercial permits issued to multiple businesses, the designated area of the outdoor commercial permit must be within the same parcel where the operation of the commercial business occurs within an enclosed structure or within adjacent public right-of-way from the parcel where the operation of the business occurs within an enclosed structure. When an outdoor commercial permit is issued to a permittee representing multiple businesses, the designated outdoor commercial area must be within the same parcel or within the public right-of-way adjacent to at least one of the businesses associated with the outdoor commercial permit. A public walkway may separate the parcel or public right-of-way from the designated outdoor commercial area.

(e)

The proposed designated outdoor commercial area would comply with all applicable local, county and state permit and license requirements associated with the outdoor commercial use. An existing commercial business that is prohibited to conduct business outdoors pursuant state or federal law shall not be eligible for an outdoor commercial permit.

(f)

Proof of commercial general liability (or comprehensive) and property damage insurance including endorsements showing the City of Pacifica as an additional insured on the insurance policy and stating that the insurance is primary with regard to the City of Pacifica. It is the business sponsor's responsibility to update insurance prior to permit expiration. Failure to do so will result in revocation of the outdoor commercial permit and/or encroachment permit.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5205 - Permit approval.

(a)

The Administrator shall grant an outdoor commercial permit only upon determining that the following findings have been made:

(1)

The business sponsor meets the eligibility standards as detailed in Section 9-4.5204.

(2)

The proposed designated outdoor commercial area for the outdoor commercial use meets the applicable provisions in this article.

(3)

The proposed development for the outdoor commercial permit is consistent with the City's adopted outdoor commercial guidelines, as may be amended from time to time.

(b)

The Administrator may approve an application for outdoor commercial permit if the requirements in subdivision (a) have been met or the Administrator may deny the application for the outdoor commercial permit if the requirements in subdivision (a) cannot be met.

(c)

Notice of any outdoor commercial permit approval pursuant to this section shall be mailed to property owners and occupants within three hundred (300) feet of the property where the proposed outdoor commercial use will be located.

Appeals filed by any person aggrieved by this decision of the Administrator, shall be taken in the manner set forth in Section 9-4.3804 of Article 38 of this chapter. Basis of the appeal shall be limited to whether the Administrator erred in determining the findings in Section 9-4.5205(a).

(d)

Applications for renewals filed by permittees shall follow the process detailed in subsection (a) through subsection (d) of this section.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

All permittees shall comply with the following provisions during the term of the outdoor commercial permit:

(a)

A maximum of one outdoor commercial permit shall be issued per business sponsor. A permittee may have either a designated outdoor commercial area in the public right-of-way or may have a designated outdoor commercial area on private property. A permittee may not have an outdoor commercial permit that applies to both private property and public right-of-way.

(b)

An outdoor commercial permit shall only allow uses which are consistent with the principal business use of the permittee. When an outdoor commercial permit is issued to a permittee representing multiple businesses, the outdoor commercial permit shall allow the use of all the principal uses of the all the businesses associated with the outdoor commercial permit.

(c)

Designated outdoor commercial areas may not unduly interfere with access by public employees and utility workers to meters, fire hydrants, fire department connections or valves, emergency shutoff switches associated with a fire or life safety features, manholes, or other objects (street hardware) in the public rightof-way or within public utility easements.

(d)

Designated outdoor commercial areas shall contain ADA accessible features and/or route if ADA access is not available.

(e)

Permittee shall comply with all applicable California Alcoholic Beverage Control ("ABC") regulations regarding alcohol use within the designated area of the outdoor commercial permit. Permittees are solely responsible for securing a valid ABC license to allow/extend business operations within the designated area of the outdoor commercial permit. An outdoor commercial permit or encroachment permit does not constitute approval by the ABC or City for alcohol use.

(f)

Permittee may offer live entertainment with amplified and non-amplified sound between 4:00 p.m. and 8:00 p.m. on Thursday, and 12:00 p.m. to 8:00 p.m. on Friday through Sunday and federal holidays, as part of the outdoor commercial permit. All sources of sound generated from a designated outdoor commercial

area shall be limited so as not to be audible beyond one hundred seventy-five (175) feet from the limits of the designated outdoor commercial area at all times.

(g)

All of the following are prohibited in within the designated outdoor commercial areas:

(1)

Signage which does not comply with Article 29 of this chapter;

(2)

Smoking and vaping; and

(3)

Internal combustion generators.

(h)

An outdoor commercial permit shall only permit outdoor commercial uses which shall not exceed the normal hours of operation for the permittee or any of the other businesses identified on the outdoor commercial permit, and shall be further limited to the hours of 7:00 a.m. to 10:00 p.m.

(i)

No permanent structures shall be erected or constructed in the designated outdoor commercial area.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5207 - Provisions applicable to designated outdoor commercial areas in the public right-of-way.

(a)

In addition to the general provisions in Section 9-4.5206, permittees for designated outdoor commercial areas in the public right-of-way shall comply with the following additional standards during the term of the outdoor commercial permit:

(1)

Designated outdoor commercial areas in the public right-of-way, including sidewalk and parking spaces, requires the issuance of an encroachment permit issued by the City. Each permittee that obtains an encroachment permit shall be responsible for complying with all requirements in its encroachment permit.

(2)

Designated outdoor commercial areas in the public right-of-way must be open and accessible to the public at all times and signed accordingly.

(3)

For businesses on corner lots where commercial zoning abuts the property on one street and residential zoning abuts the property along the intersecting street, the designated outdoor commercial areas in the public right-of-way shall only be allowed along the street frontage of the property in line with the commercial zoning.

(4)

Designated outdoor commercial areas in the public right-of-way shall not block or interrupt bike lanes.

(5)

Access to the public right-of-way may be required by the City or utilities for maintenance, repairs, emergency events and/or other purposes. The City shall provide reasonable notice when feasible. The City shall not be responsible for business losses related to the loss of seating or business interruptions due to construction or loss related to removal of any built features. Furthermore, if the City and/or utility companies do need to do maintenance, it shall be the responsibility of the owner to remove any furniture or other improvements necessary for access.

(6)

Prior to issuance of the permit, the business sponsor shall execute a license agreement with the City for use of the public right-of-way.

(b)

In addition to the standards detailed in subsection (a) of this section, designated outdoor commercial areas in the parking lane of a public right-of-way shall comply with the following additional standards:

(1)

A maximum of two (2) parallel parking spaces or four (4) perpendicular or angled parking spaces may be used for a designated outdoor commercial area in the public right-of-way.

(2)

A maximum of one designated outdoor commercial area in the parking lane of the public right-of-way shall be permitted on a segment of street between the abutting two (2) intersecting streets and shall be issued on a first come, first serve basis.

(3)

Driveways, red curbs, accessible parking spaces, and accessible paths of travel shall not be blocked or become inaccessible from the designated outdoor commercial area. The City will consider designated outdoor commercial area that block or impede access to green or white curbs or inactive driveways on a case-by-case basis.

(4)

Designated outdoor commercial areas in the parking lane of the public right-of-way shall meet the following setbacks:

(i)

A 4-foot inner buffer is required between edge of designated outdoor commercial area and abutting parking spaces.

(ii)

A 2-foot buffer is required when abutting a driveway, motorcycle parking, or a bicycle rack.

(iii)

A 2-foot buffer is required between the designated outdoor commercial area and abutting travel lane.

(iv)

Parklets located adjacent to controlled intersection crosswalks shall provide 25-foot setbacks from the nearest crosswalk. The City Engineer shall review and provide a necessary buffer for parklets located adjacent to uncontrolled intersection crosswalks on a case-by-case basis.

(5)

The designated outdoor commercial area shall be no wider than the actual street frontage of the property of the commercial use unless the outdoor commercial permit is for multiple businesses and the business sponsor also represents abutting property owner.

(c)

In addition to the standards detailed in subsection (a) of this section, designated outdoor commercial areas in the sidewalk of the public right-of-way shall meet the following additional standards:

(1)

Designated outdoor commercial areas in the sidewalk shall have adequate space to accommodate furniture and shall provide adequate safe passage along the sidewalk for pedestrian and wheelchair users of the sidewalk. A minimum width of four (4) feet shall be maintained along the sidewalk. No furniture shall be placed or allowed to remain on any sidewalk that inhibits the minimum 4-foot passage.

(2)

No structures may be constructed within the sidewalk.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5208 - Provisions applicable to designated outdoor commercial areas on private property.

(a)

In addition to the general provisions in Section 9-4.5206, permittees for designated outdoor commercial areas on private property shall comply with the following additional standards during the term of the outdoor commercial permit:

(1)

Designated outdoor commercial areas shall be located within outdoor space contiguous to the business sponsor's tenant space unless authorized by the property owner to use other space contiguous to commercial structures or walkways immediately adjacent to enclosed structures. All outdoor commercial use conducted on private property must be done with consent of property owner.

(2)

Designated outdoor commercial areas shall be located on an existing level, paved or solid surface area. Business sponsor may construct a platform or similar level surface which shall meet the standards provided for a parklet in the outdoor commercial guidelines.

(b)

In addition to the standards detailed in subsection (a) of this section, designated outdoor commercial area on private off-street parking areas shall meet the following standards:

(1)

Designated outdoor commercial areas on private property shall not make inaccessible or block more than two (2) off-street parking spaces or more than ten (10) percent of the total onsite parking spaces, whichever is greater.

(2)

The City shall not be responsible for allocating and distributing off-street parking spaces to business sponsors within the provisions of subsection (1) on multi-unit commercial developments, as defined in PMC Section 9-4.2902(ag).

(3)

Accessible parking space, accessible paths of travel, and electric vehicle charging stations shall not be blocked or become inaccessible from the establishment of the designated outdoor commercial area.

(4)

Development within the designated outdoor commercial area on private off-street parking areas shall meet the following setbacks:

(i)

A 2-foot inner buffer is required between edge of designated outdoor commercial area and abutting parking spaces.

(ii)

A 2-foot buffer is required between when abutting to a driveway, motorcycle parking, or a bicycle rack.

(iii)

A 1-foot buffer is required between the designated outdoor commercial area and abutting travel lane.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5209. - Compliance with other regulations.

(a)

A parking exception pursuant to Article 28 of this chapter shall not be required for any nonconformity created to off-street parking as a result of the approval of the designated outdoor commercial area for the duration of the outdoor commercial permit. Any expansion or alteration of the subject site unrelated to the outdoor commercial permit shall be subject to the provisions of Article 28 and Article 30 as applicable.

(b)

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 program.

(c)

Development shall comply with all local building code requirements based on construction type.

(d)

A business sponsor may not apply for a variance or other relief from the standards of this article. Businesses may pursue alternative permit or approval as otherwise provided in this chapter such as a use permit in accordance with Section 9-4.2308 or a development plan amendment in accordance with Article 22, as appropriate to support a commercial use outside of a structure beyond the provisions of this article.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5210 - Legalization of outdoor commercial.

(a)

Any outdoor commercial uses, which are not allowed or not consistent with an approval of an outdoor commercial permit or an approval as otherwise allowed in this chapter shall be considered unlawful and nonconforming.

(b)

Unlawful and nonconforming outdoor commercial uses may be legalized and considered conforming by complying with all provisions of this article.

(c)

Outdoor commercial uses authorized pursuant to an executed Temporary COVID-19 Outdoor Activities and Encroachment Agreement as allowed under the City's Emergency Order No. 2020-02, as amended prior to the effective date of this article, shall not be considered unlawful and nonconforming provided that within

six (6) months of the effective date of this article the "outdoor activities" that were the subject of the Temporary COVID-19 Outdoor Activities and Encroachment Agreement is approved through an outdoor commercial permit pursuant to this article.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5211 - Permit amendment, suspension, revocation.

(a)

The Administrator may suspend, or revoke an outdoor commercial permit as follows:

(1)

For Convenience. The Administrator may revoke the outdoor commercial permit for any reason at any time for the City's convenience.

(2)

Non-Compliance. The Administrator may revoke or suspend the outdoor commercial permit due to the permittee's failure to comply with the terms and conditions of this article or the encroachment permit. In case a permit is suspended or revoked, the Administrator shall send notice to the permittee of the violations of this article or the encroachment permit and advising of the potential for suspension period or revocation.

(3)

For Health and Safety. The Administrator may suspend or revoke the outdoor commercial permit at any time if the City Manager, or designee, determines that the public health, safety or welfare warrant such action.

(b)

The Administrator may amend the outdoor commercial permit, as necessary, during the term of the outdoor commercial permit.

(c)

Amendment, suspension, or revocation issued by the Administrator pursuant to this section will be effective ten (10) business days from the date appearing on the notice, unless some other time is identified in the notice.

(d)

Any person aggrieved by the decision of the Administrator to amend, suspend or revoke, may file an appeal along with the deposit of an appeal fee as established by resolution of City Council. Appeals filed by any person aggrieved by this decision of the Administrator shall be taken in the manner set forth in Section 9- 4.3804 of Article 38 of this chapter.

(e)

If the Administrator revokes the outdoor commercial permit and the decision is not appealed or upheld on appeal, the permittee shall remove all structures, parklets or furniture in the designated outdoor commercial area within ten (10) business days after the final determination. The permittee shall pay all costs associated with said removal.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

(a)

If necessary, for utility repair and maintenance the permittee shall remove any structures, parklets, furniture or other improvements that interfere with the necessary repair and maintenance. The City shall provide reasonable notice of the repair and/or maintenance, when feasible. The permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, parklets, furniture and/or other improvements from the designated outdoor commercial area.

(b)

In the case of an emergency, the City may remove the structures, parklets, furniture or other improvements from the designated outdoor commercial area without prior notice to the permittee. The Permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, parklets, furniture and/or other improvements from the designated outdoor commercial area.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Sec. 9-4.5213 - No vested rights.

Nothing in this article shall establish a vested right or ownership interest in the public right-of-way. Approval of an outdoor commercial permit does not legalize any use or alter provisions for use permitted by law or contract, including, but not limited to, restrictions imposed by a local, county, or state regulations or licenses or in a lease agreement.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

The City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Chapter 2 of Title 1 of this Code. The City Council may establish fines for violating this article by resolution.

(Ord. No. 885-C.S., § 2, eff. November 9, 2022)

Article 53. - Emergency Shelters

The purpose of this article is to provide for the development of emergency shelters in compliance with the requirements of State law including, but not limited to, California Government Code section 65583.

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

Sec. 9-4.5301. - Definitions.

The following definition shall apply to this article:

(a)

"Emergency shelter" shall mean housing with minimal supportive services that is limited to occupancy of up to six (6) months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.), or other persons requiring temporary housing. Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

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

Sec. 9-4.5302. - Location of emergency shelters.

An emergency shelter shall be a permitted or conditional use allowable in the C-2 (Community Commercial) zoning district, as set forth in Section 9-4.5304 below, subject to the standards identified in this article.

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

Sec. 9-4.5303. - Development regulations.

An emergency shelter shall conform to all development regulations of the zoning district in which it is located, except for the off-street parking requirement, which is set forth in Section 9-4.2818. A modification to a development regulation of the underlying zoning district may be permitted subject to approval of a use permit by the Planning Commission. Design standards for parking areas shall be consistent with Section 9- 4.2817.

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

Sec. 9-4.5304. - Performance standards.

In addition to the development standards set forth in Section 9-4.5303 above, an emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

A.

Facility requirements and operation. Each operator of an emergency shelter shall have a written management plan that uses best practices to address the housing needs of those using the shelter. The written management plan shall address the performance standards in this section.

B.

Emergency shelter management. Emergency shelters shall provide on-site personnel during hours of operation when individuals who are utilizing the emergency shelter are present. The plan shall include procedures for screening residents to ensure compatibility with services provided at the facility.

C.

Waiting and client intake areas. The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way. Emergency shelters shall provide 10 square feet of interior waiting and client intake space per bed. Waiting and client intake areas may be used for other purposes as needed when client intake is not in progress.

D.

Number of beds or persons per facility. An emergency shelter with up to twenty (20) persons or beds shall be a permitted use in the zoning district(s) identified in Section 9-4.5302. An emergency shelter with twenty-one (21) to thirty (30) persons or beds shall be a conditional use requiring approval of a use permit in the zoning district(s) identified in Section 9-4.5302.

E.

Limited terms of stay. The maximum term of stay for any individual at an emergency shelter is up to six (6) months.

F.

Security. The emergency shelter shall have at least one on-site security personnel during all hours when it is in operation.

G.

Storage. Each emergency shelter shall provide secure areas for personal property adequate for the number of individuals served on a daily basis. No personal property of facility occupants may be stored outside of an enclosed structure.

H.

Compliance. The emergency shelter shall comply with applicable State and local uniform housing and building code requirements, and State and Federal laws (e.g. biological resources, paleontological resources, wetlands, hazardous materials storage and disposal, and other resources) as required.

I.

Lighting. The emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

J.

Coordination. The operator shall establish a liaison staff to coordinate with City staff and police, school district officials, local businesses, and residents on issues related to the operation of the facility.

K.

Other amenities. The emergency shelter shall include other amenities as may be required that are consistent with the state's provisions for emergency shelter, as determined by the Planning Director or

designee prior to or concurrent with compliance plan review.

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

Sec. 9-4.5305. - Compliance plan review procedures.

Every operator of an emergency shelter shall prepare and submit for review and approval a compliance plan demonstrating how the facility will comply with the requirements of this Article prior to occupancy of the facility.

1.

Application. A request for compliance plan review shall be made in writing by the operator of the emergency shelter on a form prescribed by the Planning Director. The application shall be accompanied by a set of plans, a letter of explanation describing the details of the proposed emergency shelter, and an explanation of how the facility would comply with all requirements of this article. The application for compliance review shall be accompanied by a fee as established by Administrative Policy No. 2.

2.

Compliance Determination. The Planning Director or designee shall make a written determination whether the submitted compliance plan sufficiently demonstrates compliance with the requirements of this article. The determination of the Planning Director is subject to appeal pursuant the provisions of Article 36 of this Chapter.

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

Sec. 9-4.5306. - Enforcement.

The City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Chapter 2 of Title 1 of this Code. The City Council may establish fines for violating this article by resolution.

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

Article 54. - Higher Density Residential and Higher Density Mixed-Use Districts

Sec. 9-4.5401. - Purpose and applicability.

(a)

It is the purpose of these higher density zoning districts to promote the development of multi-family housing, including rental housing and missing middle housing, as well as mixed-use development and institutional uses.

(b)

The higher density zoning districts are:

(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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5402. - Development standards.

(a)

Residential use: All developments must include a minimum of fifty (50) percent of gross square footage for residential use.

(b)

Development standards: The following standards shall apply:

(1)

Ten-foot minimum stepback above the second story on any street-facing façade(s). Railings or parapets that do not exceed the minimum height required by the Building Code may be located in the stepback area.

(2)

Development with more than forty (40) linear feet of frontage along any street must provide one (1) or more of the following at the ground level to optimize the pedestrian experience and ground floor activating strategies:

i.

For ground-level uses located along the primary frontage street awnings or overhangs over all ground floor entrances to provide refuge and shade and enhance the pedestrian realm.

1.

Awnings or overhangs located in the public right-of-way shall be subject to review and encroachment permit approval by Public Works.

ii.

Incorporation of projections (including, but not limited to, open porches, steps, and bay windows), which may project into required setbacks per Article 27 Projections into Yards;

iii.

If included, stoops must be elevated by a minimum of eighteen (18) inches to provide a sense of privacy for residents and human comfort for pedestrians. ADA-compliant units are not required to provide stoops; or

iv.

Where the finished floor elevation is more than three (3) feet above the sidewalk elevation, the elevation change shall include landscaping and/or terraced landscaping and be punctuated with stairs.

(3)

Ground-level commercial uses must include all of the following:

i.

Windows that cover at least twenty (20) percent of the street-facing, ground-level façade; and

ii.

Minimum depth of forty (40) feet, or ten (10) feet less than the lot depth for parcels less than fifty (50) feet deep; and

iii.

Minimum floor-to-floor height of fifteen (15) feet.

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5403. - State law by right approval requirements.

(a)

Purpose. The purpose of these approval requirements is to implement State Government Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i).

(b)

Applicable sites. This section (9-4.5403) applies to properties that are required to be allowed with by right approval pursuant to Government Code sections 65583.2(h) and 65583.2(i), as may be amended from time to time. Specifically, it applies to the sites designated to address the shortfall of lower-income RHNA units listed in the City of Pacifica 6th Cycle (2023-2031) Housing Element sites inventory.

(c)

Approval requirements. By-right or ministerial approval (without discretionary action) is required for sites identified in Subsection 9-4.5403(b) that meet all of the requirements of Government Code 65583.2(i), provided that the project conforms with the objective development standards identified in Section 9- 4.5402, the underlying zoning district Articles 55 through Article 66, and any other regulations in this title, unless modified by this section.

(d)

Mitigation measures. By-right projects shall be subject to the mitigation measures in the adopted Mitigation, Monitoring, and Reporting Program attached to the certified Final Environmental Impact Report (FEIR) for the Rezoning Program, as applicable to the project site and scope.

(1)

The applicant shall complete a City provided checklist identifying applicable objective General Plan policies and environmental mitigation measures that apply to the project.

(2)

Completion of the checklist is required as part of a complete application, subject to City review and confirmation prior to permit approval.

(3)

The approved checklist will be attached to the project approval. The applicant shall demonstrate compliance with the applicable provisions prior to approval of the building permit, or as otherwise stated in the checklist.

(4)

The checklist shall be prepared and maintained by the City and updated as necessary.

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 55. - R-30 Multiple-Family Residential District

Sec. 9-4.5501. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-30 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;

(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-30 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access

(2)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5502. - Development regulations.

(a)

Basic regulations: See Table 9-4.5502: R-30 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.5502: R-30 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 56. - R-40 Multiple-Family Residential District

Sec. 9-4.5601. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-40 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-40 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access; and

(2)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5602. - Development regulations.

(a)

Basic regulations: See Table 9-4.5602: R-40 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.5602: R-40 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 57. - R-50 Multiple-Family Residential District

Sec. 9-4.5701. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-50 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-50 District, subject to obtaining a use permit, shall be as follows:

(6)

Coastal access; and

(7)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5702. - Development regulations.

(a)

Basic regulations: See Table 9-4.5702: R-50 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.5702: R-50 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 58. - R-60 Multiple-Family Residential District

Sec. 9-4.5801. - Permitted and conditional uses.

(a)

Permitted uses. The following uses shall be permitted in the R-60 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-60 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access; and

(2)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5802. - Development regulations.

(a)

Basic regulations: See Table 9-4.5802: R-60 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.5802: R-60 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 59. - MU-30 Mixed Use District

Sec. 9-4.5901. - Permitted and conditional uses.

(a)

General use provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:

(1)

Minimum of fifty (50) percent of gross square footage for residential use per Article 54; and

(2)

Non-residential uses meeting the minimum floor area ratio requirements.

(b)

Permitted uses. The following uses shall be permitted in the MU-30 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;

(5)

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

(6)

Retail stores, shops, and other 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;

(7)

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);

(8)

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

(9)

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

(10)

Personal and business service establishments, including financial institutions;

(11)

Offices;

(12)

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

(13)

Retail restaurants, fast food restaurants, restaurants and bars;

(14)

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

(15)

Veterinary hospitals and clinics;

(16)

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

(17)

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

(c)

Conditional uses. Conditional uses allowed in the MU-30 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access;

(2)

Service stations;

(3)

Retail alcohol sales in conjunction with service stations;

(4)

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

(5)

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

(6)

Motels and drive-in restaurants;

(7)

Veterinary hospitals and clinics (small animals);

(8)

Special care and child care facilities;

(9)

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

(10)

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

(11)

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

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming;

(14)

Health/fitness clubs;

(15)

Social halls, clubs, theaters, and nightclubs;

(16)

Vehicle and boat sales and service in conjunction with sales;

(17)

Plumbing, heating, electrical, and appliance repair, service, and supply shops;

(18)

Specialty auto service, such as oil changing facilities, not in conjunction with service stations;

(19)

Car washes;

(20)

Emergency shelters for more than twenty (20) persons or beds but not more than thirty (30), subject to the standards of Article 53; and

(21)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.5902. - Development regulations.

(a)

Basic regulations: See Table 9-4.5902: MU-30 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.5902: MU-30 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 60. - MU-40 Mixed Use District

Sec. 9-4.6001. - Permitted and conditional uses.

(a)

General use provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:

(1)

Minimum of fifty (50) percent of gross square footage for residential use per Article 54; and

(2)

Non-residential uses meeting the minimum floor area ratio requirements.

(b)

Permitted uses. The following uses shall be permitted in the MU-40 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;

(5)

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

(6)

Retail stores, shops, and other 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;

(7)

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);

(8)

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

(9)

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

(10)

Personal and business service establishments, including financial institutions;

(11)

Offices;

(12)

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

(13)

Retail restaurants, fast food restaurants, restaurants and bars;

(14)

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

(15)

Veterinary hospitals and clinics; and

(16)

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

(c)

Conditional uses. Conditional uses allowed in the MU-40 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access

(2)

Service stations;

(3)

Retail alcohol sales in conjunction with service stations;

(4)

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

(5)

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

(6)

Motels and drive-in restaurants;

(7)

Veterinary hospitals and clinics (small animals);

(8)

Special care and child care facilities;

(9)

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

(10)

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

(11)

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

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming;

(14)

Health/fitness clubs;

(15)

Social halls, clubs, theaters, and nightclubs;

(16)

Vehicle and boat sales and service in conjunction with sales;

(17)

Plumbing, heating, electrical, and appliance repair, service, and supply shops;

(18)

Specialty auto service, such as oil changing facilities, not in conjunction with service stations;

(19)

Car washes;

(20)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6002. - Development regulations.

(a)

Basic regulations: See Table 9-4.6002: MU-40 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6002: MU-40 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 61. - MU-50 Mixed Use District

Sec. 9-4.6101. - Permitted and conditional uses.

(a)

General use provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:

(1)

Minimum of fifty (50) percent of gross square footage for residential use per Article 54; and

(2)

Non-residential uses meeting the minimum floor area ratio requirements.

(b)

Permitted uses. The following uses shall be permitted in the MU-50 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;

(5)

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

(6)

Retail stores, shops, and other 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;

(7)

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);

(8)

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

(9)

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

(10)

Personal and business service establishments, including financial institutions;

(11)

Offices;

(12)

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

(13)

Retail restaurants, fast food restaurants, restaurants and bars;

(14)

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

(15)

Veterinary hospitals and clinics; and

(16)

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

(c)

Conditional uses. Conditional uses allowed in the MU-50 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access;

(2)

Service stations;

(3)

Retail alcohol sales in conjunction with service stations;

(4)

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

(5)

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

(6)

Motels and drive-in restaurants;

(7)

Veterinary hospitals and clinics (small animals);

(8)

Special care and child care facilities;

(9)

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

(10)

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

(11)

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

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming;

(14)

Health/fitness clubs;

(15)

Social halls, clubs, theaters, and nightclubs;

(16)

Vehicle and boat sales and service in conjunction with sales;

(17)

Plumbing, heating, electrical, and appliance repair, service, and supply shops;

(18)

Specialty auto service, such as oil changing facilities, not in conjunction with service stations;

(19)

Car washes;

(20)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6102. - Development regulations.

(a)

Basic regulations: See Table 9-4.6102: MU-50 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6102: MU-50 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 62. - MU-60 Mixed Use District

Sec. 9-4.6201. - Permitted and conditional uses.

(a)

General use provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:

(1)

Minimum of fifty (50) percent of gross square footage for residential use per Article 54; and

(2)

Non-residential uses meeting the minimum floor area ratio requirements.

(b)

Permitted uses. The following uses shall be permitted in the MU-60 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;

(5)

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

(6)

Retail stores, shops, and other 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;

(7)

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);

(8)

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

(9)

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

(10)

Personal and business service establishments, including financial institutions;

(11)

Offices;

(12)

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

(13)

Retail restaurants, fast food restaurants, restaurants and bars;

(14)

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

(15)

Veterinary hospitals and clinics; and

(16)

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

(c)

Conditional uses. Conditional uses allowed in the MU-60 District, subject to obtaining a use permit, shall be as follows:

(1)

Coastal access;

(2)

Service stations;

(3)

Retail alcohol sales in conjunction with service stations;

(4)

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

(5)

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

(6)

Motels and drive-in restaurants;

(7)

Veterinary hospitals and clinics (small animals);

(8)

Special care and child care facilities;

(9)

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

(10)

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

(11)

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

(12)

Restaurants and fast food restaurants;

(13)

Pet care and sales establishments, including boarding and grooming;

(14)

Health/fitness clubs;

(15)

Social halls, clubs, theaters, and nightclubs;

(16)

Vehicle and boat sales and service in conjunction with sales;

(17)

Plumbing, heating, electrical, and appliance repair, service, and supply shops;

(18)

Specialty auto service, such as oil changing facilities, not in conjunction with service stations;

(19)

Car washes;

(20)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6202. - Development regulations.

(a)

Basic regulations: See Table 9-4.6202: MU-60 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6202: MU-50 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 63. - MU-I-30 Mixed Use Institutional District 30

Sec. 9-4.6301. - Permitted and conditional uses.

(a)

General use provisions.

(1)

All developments must include a minimum of fifty (50) percent of gross square footage for residential use per Article 54.

(2)

Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).

(b)

Permitted uses. The following uses shall be permitted in the MU-I-30 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;

(5)

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

(6)

Art galleries, dance/art studios, and craft production shops;

(7)

Performing arts venues;

(8)

Libraries

(9)

Religious institutions; and

(10)

Accessory uses incidental to a permitted or conditional use.

(c)

Conditional uses. Conditional uses allowed in the MU-I-30 District, subject to obtaining a use permit, shall be as follows:

(1)

Boardinghouses, dormitories;

(2)

Lodges, clubs, and clubrooms;

(3)

Schools;

(4)

Parks and playgrounds;

(5)

Bed & breakfast inns;

(6)

Coastal access;

(7)

Mobile home parks

(8)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6302. - Development regulations.

(a)

Basic regulations: See Table 9-4.6302: MU-I-30 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6302: MU-I-30 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 64. - MU-I-40 Mixed Use Institutional District 40

Sec. 9-4.6401. - Permitted and conditional uses.

(a)

General use provisions.

(1)

All developments must include a minimum of fifty (50) percent of gross square footage for residential use per Article 54.

(2)

Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).

(b)

Permitted uses. The following uses shall be permitted in the MU-I-40 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;

(5)

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

(6)

Art galleries, dance/art studios, and craft production shops;

(7)

Performing arts venues;

(8)

Libraries;

(9)

Religious institutions and

(10)

Accessory uses incidental to a permitted or conditional use.

(c)

Conditional uses. Conditional uses allowed in the MU-I-40 District, subject to obtaining a use permit, shall be as follows:

(1)

Boardinghouses, dormitories;

(2)

Lodges, clubs, and clubrooms;

(3)

Schools;

(4)

Parks and playgrounds;

(5)

Bed & breakfast inns;

(6)

Coastal access;

(7)

Mobile home parks

(8)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6402. - Development regulations.

(a)

Basic regulations: See Table 9-4.6402: MU-I-40 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 68.

Table 9-4.6402: MU-I-40 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 65. - MU-I-50 Mixed Use Institutional District 50

Sec. 9-4.6501. - Permitted and conditional uses.

(a)

General use provisions.

(1)

All developments must include a minimum of fifty (50) percent of gross square footage for residential use per Article 54.

(2)

Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).

(b)

Permitted uses. The following uses shall be permitted in the MU-I-50 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;

(5)

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

(6)

Art galleries, dance/art studios, and craft production shops;

(7)

Performing arts venues;

(8)

Libraries;

(9)

Religious institutions; and

(10)

Accessory uses incidental to a permitted or conditional use.

(c)

Conditional uses. Conditional uses allowed in the MU-I-50 District, subject to obtaining a use permit, shall be as follows:

(1)

Boardinghouses, dormitories;

(2)

Lodges, clubs, and clubrooms;

(3)

Schools;

(4)

Parks and playgrounds;

(5)

Bed & breakfast inns;

(6)

Coastal access;

(7)

Mobile home parks

(8)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6502. - Development regulations.

(a)

Basic regulations: See Table 9-4.6502: MU-I-50 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6502: MU-I-50 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 66. - MU-I-60 Mixed Use Institutional District 60

Sec. 9-4.6601. - Permitted and conditional uses.

(a)

General use provisions.

(1)

All developments must include a minimum of fifty (50) percent of gross square footage for residential use per Article 54.

(2)

Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).

(b)

Permitted uses. The following uses shall be permitted in the MU-I-60 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;

(5)

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

(6)

Art galleries, dance/art studios, and craft production shops;

(7)

Performing arts venues;

(8)

Libraries;

(9)

Religious institutions; and

(10)

Accessory uses incidental to a permitted or conditional use.

(c)

Conditional uses. Conditional uses allowed in the MU-I-60 District, subject to obtaining a use permit, shall be as follows:

(1)

Boardinghouses, dormitories;

(2)

Lodges, clubs, and clubrooms;

(3)

Schools;

(4)

Parks and playgrounds;

(5)

Bed & breakfast inns;

(6)

Coastal access;

(7)

Mobile home parks

(8)

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

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6602. - Development regulations.

(a)

Basic regulations: See Table 9-4.6602: MU-I-60 Development Regulations.

(b)

Supplemental regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards).

(c)

Multiple-family housing combining district development regulations: See Article 67.

Table 9-4.6602: MU-I-60 Development Regulations

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Article 67. - Multiple-Family Housing Polygon Combining District

Sec. 9-4.6701. - Purpose.

(a)

The purpose of the Multiple-Family Housing Polygon (MFH-PY) Combining District is to promote the development of housing on sites locally identified in the City of Pacifica Housing Element sites inventory to accommodate development. This District will be superimposed over the underlying basic zones and will supplement the regulations and requirements of those zones.

(b)

The MFH-PY Combining District has the following purposes:

(1)

To promote multi-family residential and mixed-use development per the underlying zone, within specific areas or polygons on a larger site; and

(2)

To implement housing element programs and facilitate development of sites identified in the Housing Element Sites Inventory.

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

Sec. 9-4.6702. - Applicability.

(a)

This article applies to sites within the MFH-PY Combining District Overlay established in the City of Pacifica Zoning Map and shown in Table 9-4.6702(a) These sites correspond to sites identified in the City of Pacifica 6[th ] Cycle Housing Element sites inventory.

Table 9-4.6702(a): Multi-Family Housing Combining District Parcels

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)

(a)

Combining district additional requirements:

i.

These sites include modified zoning on a portion of the site, namely within specific areas or polygons of a larger site identified by the MFH-PY overlay, in order to allow for the development of housing within the specific area or polygon. The polygon's zoning provisions are allowed within the specific area, no matter the zoning designation of the parcel outside the polygon.

ii.

Setbacks required by the underlying zoning district are measured from property lines, not the boundaries of the polygon.

iii.

Lot coverage allowance established in the underlying zoning district is calculated based on the area of the enclosing polygon, not the property as a whole. Projects may propose lot coverage of up to 100 percent of the area enclosed within the polygon or specific area, less any lot area within the underlying designation's setback requirements.

(§ 6(Exh. A, § 19), Ord. No. 902-C.S., effective September 24, 2025)