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)

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)

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 moderate- income 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)

(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 self- contained 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-of- way 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)

(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)

(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)

(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)

(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)

(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 twenty- one (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)