Article 23 — General Provision and Exceptions

The regulations provided for in this chapter shall be subject to the general provisions and exceptions set forth in this article.

(Chapter 5, Ord. 363)

(a)

Commercial promotional events. Sidewalk sales lasting more than three (3) days, flea markets, rummage sales, festivals, bazaars, or other similar temporary activities not lasting more than two (2) weeks, the primary purpose of which is to promote proposed or existing businesses, may be established on public or private property within any C District. No person or group shall undertake or establish such activities without first securing written approval from the Zoning Administrator as follows:

(1)

Any individual or group requesting approval pursuant application to the Zoning Administrator not less than thirty (30) days prior to the date of the activities for which approval is requested.

(2)

Applications made pursuant to this subsection (a), where applicable, shall be accompanied by the following:

(i)

Evidence of legal interest in the property upon which such activities are proposed or written authorization for the activities proposed from the individual holding such interest;

(ii)

A plat map showing any property within 300 feet of the site, accompanied by a list of property owners and corresponding addresses of such property owners typed on mailing labels; and

(iii)

A detailed, complete description of all events directly related to the activity proposed accompanied by maps, plans or other appropriate graphic materials.

(3)

Prior to approving or denying any application submitted pursuant to this subsection, the Zoning Administrator shall solicit written comments and recommendations concerning the event for which approval is requested from the Department of Fire Services, Department of Police Services, Department of Community Development and Services, and any other department or agency as deemed necessary by the Zoning Administrator. Such recommendations may be required as conditions of approval for the permit requested.

(4)

Prior to approving or denying an application for a permit to this subsection, the Zoning Administrator shall make written findings as follows: that the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

(5)

Notice of any permit approval pursuant to this subsection shall be mailed to property owners and residents pursuant to subsection (ii) of subsection (2) of this subsection.

(6)

Appeals filed by any person aggrieved by this decision of the Zoning Administrator shall be taken in the manner set forth in Section 9-4.3804 of Article 38 of this chapter.

(b)

Temporary amusements. Circuses, carnivals, parades, amusement parks, public dances, or similar temporary establishments involving large assemblages of people, excluding those uses set forth in subsection (a) of this section, may be established in any C District, on any public street or facility, or in isolated or undeveloped areas of any district provided a use permit is first secured as set forth in Article 33 of this chapter and in Chapter 3 of Title 5 of this Code for the establishment, maintenance, operation, and removal of such uses.

(c)

No event or activity described in subsection (a) or (b) shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§§ 5.01 and 5.02, Ord. 363, as amended by § II, Ord. 336-C.S., eff. June 9, 1982, and § 14, Ord. 538-C.S., eff. December 27, 1989; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

In any district where public utility facilities are not expressly permitted, such facilities may be permitted upon securing a use permit therefor as set forth in Article 33 of this chapter; provided, however, the provisions of this section shall not be construed as permitting the establishment of public utility pole yards or service yards in residential districts.

(§ 5.03, Ord. 363)

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of first obtaining a use permit; provided, however, the routes of proposed electric transmission lines shall be submitted to the Commission for approval, and such approval shall be received prior to the acquisition of rights-of-way therefor and any construction thereon.

(§ 5.04, Ord. 363)

(a)

The Commission may grant temporary uses for a period of up to six (6) months in developed areas and up to one year in undeveloped areas by using the procedure set forth in Article 33 of this chapter governing the granting of use permits.

(b)

The temporary use of vacant lots or parcels for the parking of motor homes, trailers, or mobile homes as construction offices, or for the storage of equipment or materials, or for security purposes may be permitted by the Planning Administrator provided the parking is in conjunction with construction on the same lot or building site and meets the following conditions:

(1)

Building plans for the new construction shall be submitted and a building permit issued before the occupancy of the motorhome, trailer, or mobile home.

(2)

The occupancy shall not exceed twelve (12) months after the issuance of a building permit, unless otherwise extended by the Commission.

(3)

The temporary use of mobile homes during the construction of individual single-family dwellings may only be permitted as described in this subsection (b) if the project is constructed by an owner/builder.

(c)

No temporary use described in this section shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 5.05, Ord. 363, as amended by § IV, Ord. 440-85, eff. March 13, 1985; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

(a)

Purpose. The purpose of this section is to prescribe the procedure for the accommodation, in any zoning district and general plan designation, of uses which enhance or provide health, sanitary or City services to the community through the review and imposition of special conditions of approval. For the purposes of this section, a special use shall include the following:

(1)

Convalescent homes and nursing homes;

(2)

Hospitals and convalescent hospitals;

(3)

Sanitary landfill sites, solid waste transfer stations, and materials recovery facilities;

(4)

Ambulance facilities;

(5)

Civic Center facilities;

(6)

Mortuaries and cemeteries; and

(7)

Wastewater treatment and reclamation facilities.

(b)

Applications. Applications for special use permits shall be filed with the Commission on the prescribed forms, together with the materials required therein and as indicated by the Planning Administrator. Such application shall be accompanied by a fee as set forth in Article 37 of Chapter 4 of Title 9 of this Code.

(c)

Procedure for consideration. An application for a special use permit shall be reviewed by the Commission.

(1)

Relation to Hillside Preservation District regulations. Hillside Preservation District regulations shall be followed; however, planned development zoning shall not be required.

(i)

Coverage limitations shall not apply to recreational trail systems.

(ii)

Neither grading nor coverage limitations shall apply to any sanitary landfill proposal.

(2)

Hearings and notices required. A public hearing before the Commission shall be held on each special use permit application. Notice of such hearing shall be made by publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by mailing a notice not less than ten (10) days prior to the date of the hearing to the owners of the property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the application, using for such purpose the last known name and address of such owners as shown upon the Assessor's roll of the County. The failure of any person to receive such notice shall not invalidate the special use permit proceedings.

(3)

Review criteria and schedule. The Commission shall decide whether the proposal conforms to the special use permit criteria set forth in subsection (d) of this section and may approve or deny the proposed use or impose such conditions of approval as are necessary, in its judgment, to insure conformity.

(4)

Effective date and appeals. Decisions of the Commission shall become final ten (10) days after the date of decision, unless appealed to the Council in accordance with Article 36 of Chapter 4 of Title 9 of this Code and, in the Coastal Zone, Article 43 of Chapter 4 of Title 9 of this Code.

(d)

Special use permit review criteria. The request for a special use permit shall be considered in its relationship to the General Plan and to the intent and purposes of this chapter. Approval of a special use permit confers consistency with the zoning and General Plan designations of the subject property. The approval of a special use may be granted only if the proposal conforms to all of the following criteria and to any special conditions which may be applied:

(1)

That the proposed use will be of such size, design, and operating characteristics as will tend to keep it compatible with permitted uses in the district under consideration with respect to bulk, scale, coverage, density, noise, and the generation of traffic;

(2)

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

(3)

That particular attention is given to the provision of buffering of uses from the surrounding neighborhood;

(4)

That the project conforms with the setback, coverage, landscaping, and other zoning regulations of the district where a use is proposed; and

(5)

That the project is consistent with the goals and policies of the General Plan and Local Coastal Plan and with the adopted Design Guidelines.

(e)

Time limits, renewal, and revocation of special use permits. The time limits, renewal, and revocation of special use permits shall be as specified in Article 33 of Chapter 4 of Title 9 of this Code.

(§ 5.06, Ord. 363, as amended by § 2, Ord. 453, § 1, Ord. 197-C.S., eff. April 13, 1977, § IV, Ord. 440-85, eff. March 13, 1985, § VII (A) and (B), Ord. 491-C.S., eff. October 28, 1987, § 4, Ord. 560-C.S., eff. November 7, 1990, and § X (A), Ord. 613-C.S., eff. April 13, 1994; Ord. No. 769-C.S., § 10, eff. December 23, 2009; Ord. No. 862-C.S., § 3, eff. May 25, 2021)

Animal hospitals or clinics shall be permitted in the Neighborhood Commercial (C-1), General Commercial (C-2), Service Commercial (C-3), and Professional Office (O) Districts provided a use permit shall have been obtained as set forth in Article 33 of this chapter and provided:

(a)

All animals shall be kept within an enclosed soundproof structure;

(b)

Plans and specifications shall bear the certification of acoustical engineer verifying that the proposed structure will prevent sounds emanating from the building from going beyond the property lines of the parcel on which the use is located;

(c)

The hospital or clinic shall be so designed that no odor will be discernible beyond the property lines of the parcel on which the use is located; and

(d)

The boarding of animals, except for the short-term treatment of accident, surgical, or disease cases incidental to the use therein, shall be prohibited.

(§ 5.07, Ord. 363, as amended by § 2, Ord. 419)

(a)

All commercial and industrial uses conducted in any C or M District shall be conducted entirely within an enclosed structure unless a permit is obtained, as set forth in Article 33 or Article 52 of this chapter, except as otherwise provided in this section.

(b)

Sidewalk sales, not including peddlers, on public or private property, not lasting more than three (3) days, shall be permitted in any C District. Other temporary outdoor commercial uses may be established in any C District pursuant to Section 9-4.2302 of this article. Sidewalk sales permitted pursuant to this section shall be conducted in a manner sufficient to allow safe pedestrian and wheelchair passage onto or along the sidewalk where such activity is being conducted.

(c)

The sale, display, and storage of Christmas trees and accessories therefor may be authorized by the Planning Administrator on vacant lots or other open areas in commercial districts or undeveloped areas for a temporary period of time between Thanksgiving and December 26 of any year provided such use is not injurious to the public welfare. Temporary structures, including mobile structures, and other facilities, such as electrical service or utilities, shall be erected in accordance with the Building, Electrical, and Plumbing Codes of the City. A bond for the removal of debris shall be deposited by each applicant within the City in the form of a cash deposit in the amount of Five Hundred and no/100ths ($500.00) Dollars which shall be refunded upon compliance with the provisions of this subsection.

If, after five (5) days' notice, the applicant has not complied with the provisions of this subsection, the City may have a free agent do what is required to comply with the provisions of this subsection, and the applicant's cash bond shall be applied to the cost thereof, and any excess shall become immediately due and payable upon billing to the applicant.

(d)

The sale, display, and storage of fireworks may be authorized in accordance with Article 2 of Chapter 3 of Title 4 of this Code. No use permit shall be required.

(e)

Outdoor sales, displays, and the storage of pumpkins as provided in subsection (c) of this section shall be permitted between October 1 and November 5 of any year.

(f)

If not located within an enclosed building, mobile recycling units, reverse vending machines, and other outdoor storage of materials to be recycled shall be subject to the issuance of a site development permit and use permit.

(g)

No use described in this section shall include a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 5.08, Ord. 363, as amended by § II, Ord. 337-C.S., eff. June 9, 1982, § IV, Ord. 440-85, eff. March 13, 1985, and § VII (C), Ord. 491-C.S., eff. October 28, 1987; § 14, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019; Ord. No. 885-C.S., § 3, eff. November 9, 2022)

(§ 5.09, Ord. 363, as added by § I, Ord. 435; repealed by § IV, Ord. 440-85, eff. March 13, 1985)

(§ 5.10, Ord. 363, as added by § 1, Ord. 435; repealed by § IV, Ord. 440-85, eff. March 13, 1985)

(a)

Barbed wire fences. It shall be unlawful for any person to place, or allow to be placed, or to maintain a fence made wholly or partially of barbed wire in any district.

Exception. Barbed wire may be used in fencing when necessary to contain horses and other livestock. This exception shall only apply to fences constructed in accordance with the approval of the Building Official for animal control purposes.

(b)

Fencing material. Fencing material shall be either solid or of other substantial construction including but not limited to wood, chain link, wire (nonbarbed), or other similar material. Exception. Plastic mesh fencing and/or canvas tarp fencing material or similar material shall be allowed only on a temporary basis during construction.

(§ 1, Ord. 293, as amended by § 1, Ord. 452, § I, Ord. 56-C.S., eff. August 9, 1972, § 1, Ord. 168-C.S., eff. February 25, 1976, and § IV, Ord. 440-85, eff. March 13, 1985; Ord. No. 769-C.S., § 2, eff. December 23, 2009)

Fractional numbers derived from density calculations shall be rounded upwards to the next highest whole number.

(§ 6, Ord. 405-C.S., eff. May 23, 1984; § 6(Exh. A, § 13), Ord. No. 902-C.S., eff. September 24, 2025)

(a)

Purpose. The purpose of this section is to ensure that the health, safety, comfort, and general welfare of persons residing within the residential districts of the City will not be adversely affected.

(b)

Minimum dwelling unit standards. Single-family dwellings shall contain a minimum gross floor area of 850 square feet.

Two-family and multiple-family dwelling units and condominiums shall contain the following minimum gross floor area:

(1)

Bachelor or studio units, 450 square feet;

(2)

One bedroom units, 600 square feet;

(3)

Two (2) bedroom units, 800 square feet;

(4)

Three (3) bedroom units, 850 square feet; and

(5)

Each additional bedroom in excess of three (3), 100 additional square feet.

Bachelor or studio units shall be those units which have one room for the purposes of eating and sleeping.

(c)

Exceptions. Accessory dwelling units, and junior accessory dwelling units, as defined in Section 9-4.452 of Article 4.5 of this chapter, and multiple-family housing developed for senior citizens shall not be regulated by the minimum dwelling unit standards of this article.

(§ 1, Ord. 64-C.S., eff. October 25, 1972, as amended by § 1, Ord. 187-C.S., eff. December 22, 1976, and § IV, Ord. 440-85, eff. March 13, 1985; § 12, Ord. 825-C.S., eff. November 8, 2017; § 9, Ord. 854-C.S., eff. February 26, 2020)

Adult businesses may be allowed in the C Districts as conditional uses requiring a use permit; provided, however, the property upon which the proposed business is located shall be a minimum of 500 feet from any of the following: a residential zoning district, a residential use, an adult business, a school primarily attended by minors, a church, a public beach, or a public park.

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

(a)

Purpose. This section is intended to regulate s community care facilities, as defined in Section 9-4.229.1, with more than six (6) residents not including staff. Community care facilities serving six (6) or fewer residents not including staff are permitted in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section. Any lot developed or used pursuant to this section shall not thereafter be used for any purpose other than a community care facility unless and until the Planning Director has certified in writing that the alternate use satisfies all applicable and then existing land use regulations pertaining to the classification of the lot.

(b)

Community care facilities criteria. When the proposed use meets the requirements of this chapter including the conditions set forth in Section 9-4.3303 and all the following criteria, community care facilities serving more than six (6) persons in addition to caregivers may be permitted by approval of a use permit in all residential and commercial zoning districts, as identified in this chapter.

(1)

There are no other community care facilities serving more than six (6) persons not including staff within five hundred (500) radial feet of the perimeter of the subject property. If proposed facilities are located within the 500-foot minimum horizontal distance, the Planning Commission may determine facility overconcentration if impacts in the area are considered significant.

(2)

The proposed use shall be conducted in a manner and with facilities that comply with Federal, State and local law and such compliance will be a condition of all use permits issued pursuant to this section. The operator of the facility shall give written notice of any suspension or revocation of its State license to the City Manager within seven (7) days of said suspension or revocation.

(3)

Community care facilities shall include a common dining area as well as common living areas and amenities to facilitate program activities.

(4)

There shall be a minimum of one hundred (100) square feet of usable open space area per resident, not including staff. Indoor common living areas and amenities to facilitate program activities may be counted towards this requirement up to a maximum of seventy-five (75%) percent of the total open space area required.

(5)

Outdoor areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, such as pathways and sitting areas, gardens, putting greens and similar recreation areas.

(6)

Where additional stories prohibit easy access to open space areas on the ground floor, open roof decks, balconies or lanais shall be provided in an amount, dimension, area and location as determined to be adequate by the Planning Commission.

(c)

Hearings and notices required. Community care facilities serving more than six (6) residents not including staff, may be permitted in those zoning districts enumerated in this chapter upon securing a use permit and complying with all hearing and notice requirements as set forth in Article 33 of this chapter, except as otherwise provided in this section.

(§ 2, Ord. 657-C.S., eff. December 24, 1997; § 4I, Ord. No. 894-C.S., eff. January 10, 2024)

(a)

Purpose. The purpose of this section is to provide for the appropriate location of firearms sales activity and to regulate such activity through the permitting process.

(b)

Definitions.

(1)

For the purposes of this article, "firearm" shall be defined as specified in Section 5-14.01 of the Pacifica Municipal Code, and shall also include any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion.

(2)

"Firearms sales" shall be defined to mean the sale, transfer or lease or advertising for sale, transfer or lease of any firearm.

(c)

Permit required. Except as provided in California Penal Code Section 12070(b), as may be amended from time to time, it shall be unlawful for any person to engage in firearms sales activity unless a use permit has been obtained pursuant to Article 33 of this chapter and as further specified below. Subject to the restrictions listed below, firearms sales activity may be allowed in the C-2 or C-3 zoning districts with an approved use permit. Firearms sales activity shall be prohibited in all other zoning districts.

(d)

Location. A use permit for firearms sales activity shall not be approved if the proposed business premises are located within 1,000 feet of any property upon which a legally operating public or private elementary, middle or high school is located or upon which a legally operating pre-school is located, or within 500 feet of another person engaged in firearms sales activity with a current and lawful use permit.

(e)

Conditions. An approved use permit shall not be effective until the applicant satisfies, in addition to any conditions imposed by the Planning Commission, the following terms and conditions:

(1)

Possession of all licenses and permits required by federal, state, and local law;

(2)

Compliance with the requirements of the City of Pacifica's Building Code, Fire Code, and other technical codes and regulations that govern the use, occupancy, maintenance, construction or design of the subject building or structure;

(3)

Final inspection from the Chief Building Official demonstrating code compliance prior to the commencement of business at the subject location; and

(4)

Possession of a valid City of Pacifica business license.

(§ 3, Ord. 723-C.S., eff. February 24, 2005)

(a)

Definitions. "Alternative financial services" means a use, other than a bank or financial institution (as defined in Article 2 of this chapter), that offers deferred deposit transaction services or check cashing

services and loans for payment of a fee. The term "alternative financial service" includes, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. The terms "deferred deposit transaction business" and "payday loan business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31, as amended from time to time. Non-profit financial institutions are not encompassed by the term "alternative financial services." The term "alternative financial services" does not include retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks for a minimum fee, not exceeding five (5%) percent, as a service to its customers that is incidental to its main purpose or business.

(b)

Maximum Number and Location. A maximum of one (1) alternative financial services use may be located in the City of Pacifica. Subject to this numerical limitation, an alternative financial services use may be established in the C-1, C-1-A, C-2, C-3, C-R and O zoning districts as a conditional use upon approval of a use permit in accordance with Article 33 (Use Permits) of this chapter, and in the P-D zone if such use is included in an approved development plan.

(c)

Coastal Zone Combining District. An alternative financial services use shall not be considered a "visitor- serving use" within the meaning of that term as defined in Article 43 (Coastal Zone Combining District) of this chapter.

(d)

Existing Alternative Financial Services. Any alternative financial services use in existence upon the effective date of this section shall be deemed a nonconforming use and shall be subject to the provisions of Article 30 (Nonconforming Lots, Structures, and Uses) of this chapter. Such use shall be deemed a lawful nonconforming use if it complies with all the laws in existence at the time the use commenced.

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