Pacifica City Council
November 14, 2022

WHEREAS, On October 13, Ana Leaño-Williams of Seaweed Holistics (hereafter “Appellant” or “Permittee”) timely submitted a City of Pacifica Appeal Form, and applicable fee to the City Clerk’s office to appeal the Planning Commission’s revocation of the CAP (“Appeal”); and
WHEREAS, on November 14, 2022, the City Council held a duly noticed public hearing to consider the call-up and appeal wherein it considered all written, oral and other evidence submitted.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Pacifica does hereby find that revocation of the subject permit is exempt under the “Common Sense” exemption per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby deny the Appeal based upon the following findings:

The Appellant cited two reasons for the appeal in the appeal form, which are summarized and addressed below.

Basis 1. “[D]ecision to revoke the Cannabis Activity Permit was based on a misapplication of the City’s storefront window glazing ordinance/requirements. The project’s existing window glazing is compliant with the ordinance.” Finding: PMC Section 4-16.03(c)(1)(ii) details a quantitative standard CPSL condition for cannabis operations, which states, “Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store.

Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.” This window provision of the CPSL is a provision that was included in the initial adoption of the CPSL ordinance in 2017 1. This requirement was included in the Conditions of Operation for requirements for cannabis operations to address the Police Department’s concerns at the time that CROs are largely a cash-based business and are a high potential target for robbery. The window provisions ensure a consistent means of visibility into a CRO from the front exterior. This provision was also in effect when the Appellant submitted an application for a CAP for this commercial space in 2018.

In the September 16, 2019 Planning Commission staff report for the initial consideration of the approval of CAP-8-18, the storefront elevation was analyzed based on the Appellant’s provided project plans and dimensions.
1 City of Pacifica Ordinance No. 818-C.S., adopted July 2017. Initially adopted with the title “Marijuana Public Safety Licenses”, which was subsequently changed to “Cannabis Public Safety Licenses” in City of Pacifica Ordinance No. 843-C.S., adopted in May 2019.

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Packet Pg. 173 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

Staff identified that the existing windows along the front facade did not meet the window requirements of PMC sec. 4-16.03(c)(1)(ii). Furthermore, staff’s recommended findings for approval of CAP-8-18 identified the use of the second floor as only for employee access and therefore recommended that the second-story portion of the front elevation not be calculated as part of the storefront for the purposes of calculating the window requirements of PMC sec. 4-

16.03(c)(1)(ii). While “storefront” is not defined in the PMC, staff recognized a reasonable interpretation of storefront to include only the retail space along the front facade as “office” or “employee only” space is not typically located along the storefront. Staff also recognized that this interpretation would be beneficial to the Appellant as it would reduce the scale of window modifications that would be necessary to meet PMC sec. 4-16.03(c)(1)(ii).

The recommended Planning Commission findings for Resolution No. 2019-031 found that the existing windows along the first floor of the storefront did not meet PMC sec. 4-16.03(c)(1)(ii).

However, with the inclusion of COA No. 9, which required modification of the front window to comply with PMC Section 4-16.03(c)(1)(ii), staff recommended approval of the CAP-8-18 2. The Planning Commission adopted the staff’s recommended findings in Resolution No. 2019-031. No appeal was filed to challenge this action.

During execution of the Deferral Agreement to defer COA No. 9 and the processing of the amendment of CAP-8-18 to incorporate the deferral amendments to COA No. 9 (File No. 2020- 020, Resolution No. 2021-001), the Appellant did not present any position that there was a misapplication of the City’s storefront window glazing ordinance or requirements and no timely appeal was filed on Planning Commission’s action.

Since no window modifications have been made to the first-story storefront, City Council and the Planning Commission 3finds that Seaweed Holistics storefront remains out of compliance with PMC sec. 4-16.03(c)(1)(ii) and with COA No. 9 as revised by Resolution No. 2021-001, which sets a schedule to defer the installation of the window modification after commencement of operation of the CRO in accordance with the Deferral Agreement. Table 1 in the October 3, 2022 Planning Commission Staff Report details the Appellant’s progress with this condition.

Finally, the Appellant did not provide additional details supporting their claim that the project’s existing window glazing is compliant with the ordinance in their appeal materials. However, as part of the Appellant’s presentation to Planning Commission at the October 3, 2022 public hearing, the Appellant claimed that the City miscalculated the storefront area. The Appellant’s presentation suggested that a portion of the first-story storefront should not be counted as storefront because the stairs that lead to the second floor are not a part of the customer area.

Additionally, the Appellant claimed that the width of the perpendicular walls against the front façade should also be removed from the storefront area calculation. City Council would not be 2 Planning Commission’s findings in Resolution No. 2019-031 state: “The first floor of the proposed storefront is 24’ wide and 8‘ high for a total of 192 sf. The first floor of the existing storefront currently has a 10’ by 6’ window and a door with a 2’ by 5’-6” glass panel for a total of 71 sf of glass. Therefore, the existing glass along the first story storefront does not occupy at least 45 percent (86.4 sf minimum) of the storefront nor does the 10’ wide window plus the 2’ wide glass panel door meet the 60 percent of horizontal length of the store (14’-3” minimum). A COA would require modification of the front window to comply with the Security Plan standards of PMC Section 4-16.03(c)(1)(ii).” 3 See Planning Commission Resolution Nos. 2022-016 and 2022-021.

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Packet Pg. 174 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

supportive of this new and different interpretation of the calculation of the “storefront” area for the following reasons:

1. Based on August 1, 2022 staff site visit, staff understands that there is an ATM for customer use in front of the stairs as well as an area at the stairway landing that is accessible to customers. Therefore, the claim that first-story storefront area in front of the stairs is an employee only area is not accurate as it may be accessed by customers who wish to use the ATM.

2. The reduction of the storefront based on perpendicular wall area is also not consistent with the Code nor is it consistent with the plain meaning of the words in the Code. PMC sec. 4-16.03(c)(1)(ii) clarifies the term “Storefronts” by including in parenthesis “front facade of the cannabis operation”; therefore it is appropriate to use measurements from the exterior side of the wall which is considered the front façade rather than the interior area along the storefront. Furthermore, The City has not reduced the storefront area in any CAP application instance due to wall width as the front. Additionally, based on the figures provided by the Appellant the northern wall width is not counted as part of the current storefront as that wall continues past the storefront as part of the project perpendicular wall.

3. The interpretation that was suggested by the Appellant is not consistent with the manner that staff interpreted the requirement for other cannabis operations. Other cannabis operations have made modifications to their storefront to meet this requirement in the manner interpreted by staff. Furthermore, the only other two-story cannabis retailer (403 Dondee) has included areas where stairs/elevators occur along their front elevation as part of their storefront even though the second story is non-customer area as well as included the second story of the front elevation as “storefront.” For all the reasons provided above, Council denies this basis of the appeal.

Basis 2. “Disputes the $25,962.89 in assessed fees largely and inappropriately incurred by the City to address the window glazing non-issue”
Finding: As discussed above, Seaweed Holistics storefront remains out of compliance with PMC sec. 4-16.03(c)(1)(ii) and with COA No. 9 as revised by Resolution No. 2021-001. Additionally, as further discussed below, the outstanding fees are not associated with the “window glazing nonissue,” but are associated with the City’s cost processing the Appellant’s CAP-8-18. As the Appellant was made aware of the requirement to pay for all costs associated with processing its CAP application and agreed to such by signing an Agreement for Reimbursement of City Costs (“Reimbursement Agreement”) as part of her initial application submittal. Because the City operates on a deposit system, an initial deposit is required with the submittal of an application, in this case $10,000 was provided and staff, including legal counsel, against which the actual costs to cover the time and expenses associated with processing the application are billed. By signing the Application 4and the Reimbursement Agreement, the Appellant understood that the initial deposit may not be sufficient to cover the City’s costs processing the application and agreed to make one 4 Subsection B of Section II. Acknowledgement and Agreement by Applicant and Owner of the signed Marijuana Use Permit Application (subsequently retitled Cannabis Activity Permit) states, in summary, that the undersigned agrees to pay any and all City costs incurred in connection with the application, enter into a reimbursement agreement with the City for the payment of such fees, and satisfy requests for further deposit of funds within 30 days of a City request.

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Packet Pg. 175 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

or more additional deposits within 30 days of being notified that additional funds are required.

Additionally, staff included COA No. 18 in Resolution No. 2019-031, which is a standard condition of approval for all development permits, to require the Appellant to pay all outstanding fees associated with the processing of the project within 30 days of the approval of the permit and prior to commencement of operation.

In January 2020, the City sent the Appellant a letter to inform her that City costs to process CAP8-18 had exceeded the initial deposit and that an additional $4,080.56 was requested. At the Appellant’s request, staff began working on the Deferral Agreement to defer COA No. 9 and COA No. 18. As captured in the Deferral Agreement, the Appellant had indicated that she needed to commence operation of the cannabis retail to generate revenue to satisfy COA No. 18. The Appellant voluntarily entered the Deferral Agreement, which in addition to establishing a payment deadline for outstanding fees until after commencement of operation, included a provision that the Appellant would pay the outstanding $4,080.56, as well as, “all costs, including but not limited to, staff time, administrative costs, legal fees and any other cost incurred by the City (“City Costs”) associated with preparing this Agreement and all City Costs and associated fees relating to the Planning Commission hearing to consider the Application for Amendments and appeal(s) of the Planning Commission decision, if any.”
The Planning Commission adopted Resolution No. 2021-001 on February 16, 2021 to incorporate the deferral amendments to COA No. 18. The revised condition required the Appellant to pay all outstanding fees within 60 days of Planning Commission approval of the revised conditions (i.e., April 17, 2021). By March 10, 2021 staff calculated costs known at the time and informed the Appellant of the outstanding fees. No payment for the outstanding fees was made. On June 10, 2021 the City provided written notice to the Appellant that the final invoices for the processing of the amendment were received and the final total outstanding costs for the processing of the CAP, preparation and execution of the Deferral Agreement, and processing the amendments of the CAP was $25,952.895. This amount remains outstanding.

For all the reasons provided above, Council denies this basis of the appeal.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby find that the operation of a Cannabis Retail Operation 450 Dondee Way, Suite 2 (APN 022-021- 640) is not in full compliance with the requirements of Article 48 of Chapter 4 of Title 9 of the Pacifica Municipal Code as further discussed below:

PMC sec. 9-4.4803(d)(5) states, “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.”
As further discussed below for Condition of Approval No. 9 and No. 18, the Permittee has not complied with these conditions imposed by the Planning Commission and therefore is out of compliance with PMC sec. 9-4.4803(d)(5) and Condition of Approval Nos. 1, No. 5, and No. 6. 5 This amount is the sum of the outstanding $4,080.56 for the original processing of CAP-8-18 and the outstanding $21,872.33 for the processing of the Deferral Agreement and the amendment to CAP-8-18.

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Packet Pg. 176 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

Condition of Approval No. 1
This condition requires the development to be substantially in accordance with the approved plans modified by the conditions of approval. As further discussed below for COA No. 9, the Permittee has not complied with COA No. 9 which requires the modification of the storefront window.

Therefore, the development is out of compliance COA No. 1.

Condition of Approval No. 5
This condition incorporates all the requirements of Article 48 of Chapter 4 of Title 9 of the PMC applicable to the cannabis retail operation. PMC Section 9-4.4803(d)(5) states, “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.” As further discussed below for COA No. 9, and No. 18, the Permittee has not complied with these conditions imposed by the Planning Commission and therefore is out of compliance with PMC Section 9-

4.4803(d)(5) and, therefore, COA No. 5.

Condition of Approval No. 6
This condition prohibits the operation of the cannabis retail operation from creating a public nuisance. As established in PMC sec 9-4.4807, “[a]ny 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.” The cannabis retail operation is in violation of provision of Article 48 as demonstrated in this annual report because there are Conditions of Approval that have not been complied with and, as a result, the cannabis retail operation is considered a public nuisance, as defined in the PMC. Therefore, the Permittee is not in compliance with COA No. 6.

Condition of Approval No. 9
This condition was initially included in Resolution No. 2019-031 to bring the existing storefront window into the glazing requirements for the Security Plan standards of PMC sec. 4-16.03(c)(1)(ii), which states, “Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.”
Planning Commission’s findings in Resolution No. 2019-031 detail “The first floor of the proposed storefront is 24’ wide and 8’ high for a total of 192 sf. The first floor of the existing storefront currently has a 10’ by 6’ window and a door with a 2’ by 5’-6” glass panel for a total of 71 sf of glass. Therefore, the existing glass along the first story storefront does not occupy at least 45 percent (86.4 sf minimum) of the storefront nor does the 10’ wide window plus the 2’ wide glass panel door meet the 60 percent of horizontal length of the store (14’-3” minimum). A COA would require modification of the front window to comply with the Security Plan standards of PMC Section 4-16.03(c)(1)(ii).”
COA No. 9 initially required the Permittee to modify the storefront window prior to commencement of operations. However, in response to the Permittee’s claims that revenue from the operation of the cannabis operation was necessary to generate the funds for the window modifications, the City worked with the Permittee to establish a mutually agreed upon schedule that would delay the

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Packet Pg. 177 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

window modifications until after the commencement of operations. The City entered into a deferral agreement with the Permittee and the Planning Commission later amended the condition to be consistent with the deferral agreement. The Permittee’s progress on this condition, and the associated milestone deadlines contained in the condition.

On April 26, 2021, the Permittee requested additional time from the City due to a personal loss related to COVID-19. In response, staff did suspend its regular reminders and check-ins to the Permittee for approximately one year, other than an email to update the Permittee on the total of outstanding funds as discussed under COA No. 18, below. Staff was unable to grant additional time to comply with the requirements of this COA because it was enacted by the Planning Commission.

Thereafter, staff followed up with the Permittee in March 2022 to remind the Permittee of the outstanding window modification requirement (and outstanding fees as further discussed below), informed the Permittee that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Permittee responded stating that they were working with their landlord on next steps. On April 20, 2022, staff informed the Permittee the annual report has been scheduled for August 15, 2022 and further encouraged the Permittee to complete the window modification by July 27, 2022 so staff would have time to note satisfaction of the COA in the annual report. No progress was made on the window modification was made before July 27, 2022. Since the annual report to the Planning Commission on August 15, 2022, no progress has been made on the window modification. Therefore, the Permittee is not compliant with COA No. 9.

Condition of Approval No. 18
This condition in Resolution No. 2019-031 is standard language that is generally included in all Planning Commission resolutions. The condition required that all outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Activity Permit CAP-8-18 and that cannabis retail operations shall not commence operation until such fees are paid. The City’s master fee schedule establishes a time and materials billing system for planning applications. While staff collects an initial lump sum deposit and requires the Permittee to sign a reimbursement agreement form as part of the application, this standard condition provides an additional layer of authority for the City to collect any outstanding fees or payments prior to the commencement of the project.

The City calculated the outstanding fees associated with the permit to be $4,080.56. On January 31, 2020, the City sent the Permittee a written request for the funds within 30 days consistent with the payment terms in the reimbursement agreement. In February 2020, the Permittee requested to pay the amount in $1,000 monthly installments, which staff agreed to and established a payment plan over the next four months. The first payment was due March 31, 2020, however no payments for the outstanding fees were made.

In June 2020, staff began conversations with the Permittee of the option to enter a deferral agreement. The Permittee agreed to pay the cost of preparing the deferral agreement and processing the amendments to the conditions of approval. Staff worked with the Permittee to establish a mutually agreed upon payment deadline that would occur after the commencement of operations.

The Planning Commission amended the condition to incorporate the deadline as established in the deferral agreement by adopting Resolution No. 2021-001 on February 16, 2021. The revised condition required the permittee to pay all outstanding fees within 60 days of Planning Commission approval of the revised conditions (i.e., April 17, 2021). Staff calculated costs at the time and

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Packet Pg. 178 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

informed the Permittee of the outstanding fees of to be paid by March 10, 2021. No payment for the outstanding fees was made.

On April 26, 2021, the Permittee requested additional time from the City due to a personal loss related to COVID-19. Staff followed-up again with the Permittee on June 10, 2021 and informed the Permittee that the final invoice for the processing of the amendment was received and updated the final total outstanding costs for the processing of the CAP, preparation and execution of the deferral agreement and processing the amendments of the CAP was $25,952.89, which includes the outstanding $4,080.56 for the original processing of CAP-8-18 and outstanding $21,872.33 for the processing of the deferral agreement and the amendment to CAP-8-18. No response was received from the Permittee. Staff followed up with the Permittee again in March 2022 to remind the Permittee of the outstanding fees (and window modification requirement as discussed above), informed the Permittee that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Permittee responded with a written request for a payment plan. On April 20, 2022, staff denied the Permittee’s request for the payment plan, and informed the Permittee the annual report had been scheduled for August 15, 2022 and further encouraged the Permittee to pay the outstanding fees by July 27, 2022, so staff would have time to note satisfaction of the COA in the annual report. No payment for the outstanding fees was made before July 27, 2022. Since the annual report to the Planning Commission on August 15, 2022, no progress has been made on the outstanding fees before publication of this report. Therefore, the Permittee is not compliant with COA No. 18.

BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica does hereby find that operation of the subject cannabis retail operation is being conducted in a manner that constitutes a public nuisance in accordance with PMC sec. 9-4.4806 and PMC sec. 9-4.4807 because the operation is not in compliance with Article 48 of Title 9, Chapter 4 of the PMC and the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001.

BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica does hereby find that operation of the subject cannabis retail operation is in violation of conditions of the permit, that the cannabis operation is being conducted in a manner that is not in compliance with Article 48 of Title 9, Chapter 4 of the PMC, and that the cannabis operation is being operated in a manner which constitutes a nuisance and the subject permit may be revoked in accordance with PMC sec. 9-4.4806.

BE IT FURTHER RESOLVED that PMC sec. 9-4.4806(b) establishes the criteria for revocation of a cannabis activity permit if any of the following are found to apply:
(i) If any of the conditions or terms of such permit are violated; (ii) If any law is violated in connection there with;
(iii)If it appears to the Commission that the cannabis operation has violated any of the requirements of Article 48;
(iv)If the cannabis operation is being operated in a manner which violates the operational requirements or security plan required by this Code;
(v) If the cannabis operation is being operated in a manner which constitutes a nuisance; (vi)If the cannabis operation has ceased to operate for thirty (30) days or more; or (vii) If the cannabis operation is being operated in a manner which conflicts with or

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Packet Pg. 179 Attachment: Attachment A - Draft Resolution [Revision 1] (5176 : Appeal and Call-Up of Planning Commission Revocation of CAP-8-18) File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation)
450 Dondee Way, Suite 2 (APN 022-021-640)
November 14, 2022

violates state cannabis law.

Based on evidence in the record, the City Council concludes that the operation of Cannabis Activity Permit CAP-8-18 is noncompliant with criteria (i), (ii), (iii), and (v) of PMC sec. 9-4.4806(b) and that revocation of said permit is justified in order to preserve the public health, safety, and welfare.

In addition, the City Council finds that revocation is the appropriate remedy to noncompliance because there is no evidence in the record that a suspension would be likely to achieve compliance in the circumstances of this particular case.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby revoke Cannabis Activity Permit CAP-8-18 and Cannabis Activity Permit CAP-8-18 is henceforth deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis activity permit. The Permittee shall immediately cease operating, engaging in, conducting or carrying out any cannabis operation at 450 Dondee Way, Suite 2, including dispensing, selling, and/or delivering cannabis and/or cannabis products.

BE IT FURTHER RESOLVED that nothing stated in this Resolution shall be interpreted as forgiving or absolving the Permittee of those amounts owed and outstanding based on COA No. 18 and staff is directed to continue to work to obtain the outstanding amounts owed to the City of Pacifica.

BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby direct staff to refund in full the Permittee’s payment of the 2022 yearly Cannabis Public Safety License Renewal fee of $23,577.00.
* * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of November 2022.

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: August 15, 2022 FILE: CAP-8-18
ITEM: 2
PUBLIC NOTICE: Notice of Public Hearing was published in the Pacifica Tribune on August 3, 2022 and mailed to 120 surrounding property owners and occupants.

APPLICANT: Seaweed Holistics, LLC
450 Dondee Way, Suite 2
Pacifica, CA 94044
OWNER: Ronald E. Grindrod Trust
450 Dondee Way, Suite 15
Pacifica, CA 94044
PROJECT LOCATION: 450 Dondee Way, Suite 2 (APN 022-021-640) – Rockaway Beach PROJECT DESCRIPTION:Annual review of File Nos. 2018-029 and 2020-020 – Authorizing operation of a cannabis retail operation, Seaweed Holistics, LLC, selling medicinal and adult use cannabis.

SITE DESIGNATIONS: General Plan/Local Coastal Plan: Commercial Zoning: C-1 (Neighborhood Commercial) / C-Z (Coastal Zone Combining District) / CO-RB (Cannabis Operation, Rockaway Beach Overlay District) Rockaway Beach Specific Plan: Mixed Use
RECOMMENDED CEQA STATUS: The annual review is not a “project” pursuant to § 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

ADDITIONAL REQUIRED APPROVALS: Subject to appeal to the City Council.

RECOMMENDED ACTION: Adopt the attached Resolution.

PREPARED BY: Bonny O’Connor, AICP, Senior Planner
2 Packet Pg. 5

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I. PROJECT SUMMARY
A. BACKGROUND
On September 16, 2019, the Planning Commission approved Cannabis Activity Permit CAP-8-18 with the adoption of Planning Commission Resolution No. 2019-031 (Attachment B) to establish and operate a Cannabis Retail Operation with adult use and medicinal cannabis sales at 450 Dondee Way, Suite 2 (File No. 2018-029). No appeal of the Planning Commission’s action was filed.

Exhibit A to Resolution No. 2019-031 includes conditions of the approval (“COAs”) applicable to CAP-8-

18. Many of these COAs are required to be met prior to the commencement of operations. While the Applicant made progress towards completion, the Applicant indicated that two COAs were infeasible to satisfy prior to commencement of operations. The Applicant explained that they had to commence operations to generate revenue through cannabis retail sales to be able to satisfy COA No. 9 and COA No. 18 (Attachment B).

Given the Applicant’s request, the City temporarily deferred compliance with COA No. 9 and COA No. 18 through the Agreement Regarding Deferral of Specified Conditions of Approval Relating to the Operation of Seaweed Holistics (“Agreement”) executed on September 21, 2020 (Attachment C), to allow the Applicant to commence operations to generate the revenue necessary to satisfy COA No. 9 and COA No. 18 provided that the Applicant expeditiously processed an application to modify these COAs. On February 16, 2021, the Planning Commission approved Resolution No. 2021-001 which formally amended CAP-8-18 amend COA No. 9 and COA No. 18 to defer the timing of compliance with those conditions until after commencement of operations (File No. 2020-020) (Attachment D).

Pursuant to Pacifica Municipal Code (PMC) Section 9-4.4806(e), the Planning Department is “authorized to conduct an annual review of the operation of each permitted cannabis operation … for full compliance with the operational, recordkeeping, nuisance and other requirements [of Pacifica’s Cannabis Regulations]...” COA No. 19 of Planning Commission Resolution No. 2019-031 required the Planning Commission to conduct the initial annual review and established the timing of the annual review to be held not less than one year but not more than two years from the issuance of the Cannabis Public Safety License (CPSL).

The Police Chief issued the CPSL on October 16, 2019, however, the Applicant commenced cannabis retail operations in September 2020. Therefore, this annual report is being conducted within two years of implementation of the CPSL.

B. ANNUAL REPORT

1. Criteria
The City of Pacifica’s “Cannabis Regulations” are contained in Article 48 of Chapter 4 of Title 9 of the 2 Packet Pg. 6

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PMC1. The Cannabis Public Safety License requirements are contained in Chapter 16 of Title 4 of the PMC2. Additionally, Cannabis Activity Permit CAP-8-18 sets forth compliance requirements in the conditions of approval in Exhibit A to Planning Commission Resolution No. 2019-031, as amended by Planning Commission Resolution No. 2021-001. The following section lists each COA with staff’s assessment of whether operation of the site is compliant with the respective condition based on a site inspection conducted by the Police Chief and the Planning Director on August 27, 2020, an inspection by HdL Companies3
on December 1, 2021, and February 3, 2022, and Planning, Building, and North County Fire Authority staff on August 1, 2022.

2. Conditions of Approval
Table 1, below, lists the conditions of approval applicable to Cannabis Activity Permit CAP-8-18:

Table 1.

COA
No.

Summary of Condition and Statusa
1 Summarized Condition. Development shall be substantially in accord with the plans as modified by the conditions of approval.

Status. Not Compliant. The Applicant has not complied with COA No. 9 which requires the modification of the storefront window.
2 Summarized Condition. The approval is valid for a period of two years from the date of final determination.

Status. Compliant. Operations were required to commence no later than September 26, 2021, or else submit a request for an extension and applicable fee prior to September 26, 2021. Operations commenced in September 2020.
3 Summarized Condition. The Cannabis Activity Permit and Cannabis Public Safety License shall be issued to Seaweed Holistics LLC, a California limited liability company (LLC), with Ana Leaño-Williams as the single member-manager. The transfer of the Cannabis Activity Permit and Cannabis Public Safety License shall hereafter be prohibited.

Status. Compliant. The Cannabis Activity Permit has not been transferred to any other person or entity. 4 Summarized Condition. The Applicant shall at all times maintain a valid Cannabis Public Safety License and a valid license/permit from the State of California.

Status. Compliant. Pacifica Police Department issued the Cannabis Public Safety License on October 16, 2019 and it currently expires on October 16, 2022. The California Bureau of Cannabis Control Cannabis – Retailer License (No. C10-0000719-LIC) was issued to Seaweed Holistics LLC on June 2, 2020 and currently expires on June 2, 2023.
5 Summarized Condition. The Cannabis Retail Operation shall operate consistent with all provisions of Article 48 of Chapter 4 of Title 9 applicable to Cannabis Retail Operations. 1 City of Pacifica Cannabis Regulations:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT9PLZO_CH4ZO_ART48 CARE
2 City of Pacifica Cannabis Public Safety License Requirements:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT4PUSA_CH16CAPUSALI 3 The City has contracted the services of HdL to provide annual financial audits and compliance inspections of all permitted cannabis businesses operating within the City. 2 Packet Pg. 7

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Status. Not Compliant. The operation is not in compliance with PMC sec. 9-4.4803(d)(5), which requires an operation to comply with conditions imposed by the Planning Commission. As further discussed under COA No. 9, 18, and 20, the operation is not compliant with these Planning Commission imposed conditions. HdL’s site visit on 12/1/2021 did not identify any other compliance issues. 6 Summarized Condition. The Applicant shall operate and maintain the Cannabis Retail Operation in a manner which does not constitute a public nuisance.

Status. Not Compliant. The Police Department and Code Enforcement Officer have confirmed that there have been no cases of concern related to the operation of this Cannabis Retail Operation. However, lack of compliance with three conditions of approval as further described in the annual report constitutes a public nuisance as provided in PMC sec. 9-4.4807.
7 Summarized Condition. Prior to commencement of operations, Applicant shall submit for review and approval of the Police Chief a revised Security Plan which incorporates the window modifications described in these Conditions of Approval.

Status. Compliant. The Police Chief approved the revised security plan in September 2020. 8 Summarized Condition. The Cannabis Retail Operation shall be conducted entirely within the enclosed space of the business premises.

Status. Compliant. No reports of business being conducted outside of the enclosed space of the business have been report.
9b Summarized Condition, as amended. Establishment of a milestone timeline for the modification of the front window to meet or exceed the requirements of PMC sec. 4-16.03(c)(1)(ii).

Status. Not Compliant. Window has not been modified and progress through the milestones was not completed.
10 Summarized Condition. Prior to commencement of operations, the Applicant shall submit for review and approval of the Police Chief a physical barrier to secure the rear area of the first floor from the front “customer waiting” area in accordance with PMC Section 9-4-4803(d)(1)(x).

Status. Compliant. Police Chief found physical barrier on the first floor acceptable during August 27, 2020 site visit.
11 Summarized Condition. Prior to commencement of operations, the Applicant shall submit for review and approval of the Police Chief a physical barrier to prevent public access to the second floor.

Status. Compliant. Police Chief found physical barrier on the first floor acceptable during August 27, 2020 site visit, except for the need of a locking mechanism. Locking mechanism was confirm by Building Department staff on August 1, 2022.
12 Summarized Condition. Prior to commencement of operations, the Applicant shall provide or cause to be provided and show on the plans, a trash enclosure on the business premises such that all cannabis waste is securely stored until it is removed from the premises by a vendor authorized under state law.

Status. Compliant. Confirmed by Planning staff prior to operation. 13 Summarized Condition. Prior to commencement of operations, the Applicant shall remove signage or bring it into compliance with a master sign program.

Status. Compliant. New sign was installed and building permit final inspection was passed on February 12, 2021.
14 Summarized Condition. Prior to commencement of operations, the Applicant shall submit for Planning Director review and approval of the required incidental signage to be posted at the entrance indicating that the premises are under camera/video surveillance and indicating age restrictions for entrance pursuant to PMC Section 4.16-03(c)(i)(ab) and PMC Section 9-4.4803(d).

Status. Compliant. Planning staff verified during the August 27, 2020 and August 1, 2022 site visits. 15 Summarized Condition. Prior to commencement of operations, the Applicant shall provide evidence that it has retained the services of a cannabis waste management service and an inventory control service in accordance with state law.

Status. Compliant. Confirmed by Planning staff prior to operation. 2 Packet Pg. 8

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16 Summarized Condition. The Applicant shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents from any claim, action or proceeding brought against the City.

Status. N/A. No action related to this permit has been brought against the City to date. 17 Summarized Condition. All cannabis-related products shall be stored in air-tight containers which are completely sealed in order to minimize unpleasant odors.

Compliant. Planning staff confirmed during the August 1, 2022 site visit. 18b Summarized Condition, as amended. Within 60 days of February 16, 2021, Permittee shall pay in full all outstanding fees associated with processing CAP-8-18 and fees and costs incurred by the City associated with preparing the Agreement Regarding Deferral of Specified Conditions of Approval Relating to the Operation of Seaweed Holistics and all city costs and fees associated relating to the Planning Commission hearing to consider the amendment of the CAP.

Status. Not Compliant. Outstanding fees associated with processing and amending CAP-8-18 and cost associated with preparing the deferral agreement have not been paid at the time of preparation of this report.
19 Summarized Condition. The Planning Commission shall conduct two annual reviews of the subject Cannabis Retail Operation at a public hearing. The first annual review shall occur not less than one year but not more than two years after issuance of the Cannabis Public Safety License to the Applicant. The second annual review shall occur not less than one year after the first annual review.

Status. Compliant. This review is the first of the required two annual reviews. 20 Summarized Condition. To achieve enhanced monitoring of this Cannabis Retail Operation, the Applicant shall, until completion of the second annual review described in these Conditions of Approval, comply with supplemental security requirements, including unannounced site inspections, quarterly reports of compliance to Police, and 24 hour access to security access.

Status. Not Compliant. Inspections and access to security cameras have been provided to Police as needed. Applicant provided two quarterly reports since opening, covering the timeframe of October - December 2020 and January – March 2021. The Applicant has stated that no quarterly reports have been submitted since March 2021.
21 Summarized Condition. Applicant shall obtain approval of a building permit by the Building Official prior to commencing any construction activity.

Status. Compliant.
22 Summarized Condition. Existing sprinkler/fire alarm system shall be altered/extended as required by the interior modifications described in these Conditions of Approval. Install per NFPA 13. Submit under separate fire permit if any partitions are added which affect proper fire sprinkler spacing as determined by the Fire Chief.

Status. Compliant. Sprinkler system was found compliant. NCFA staff provided Applicant some suggestions to improve the implementation of the sprinkler system on August 1, 2022. 23 Summarized Condition. Construction shall be in conformance with the City of Pacifica Storm Water Management and Discharge Control Ordinance and the San Mateo Countywide Storm Water Pollution Prevention Program.

Status. Compliant. With exception of the installation of the sign, no exterior construction has occurred to date. Operation commenced within existing commercial space. 24 Summarized Condition. Requirements related to protection and repair of public right-of-way as a result of construction activities.

Status. Compliant. With exception of the installation of the sign, no exterior construction has occurred to date. Operation commenced within existing commercial space. 25 Summarized Condition. Hours of operation of the business, which includes those hours in which the site may be open to the public for retail sales shall be as follows: 10:00 a.m. through 8 p.m. daily.

Status. Compliant. Planning staff confirmed store hours during the August 1, 2022 site visit. 2 Packet Pg. 9

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a. Full text of condition can be found in Attachment B (or Attachment D for conditions revised by Resolution No. 2021-001, see note b) to this staff report.
b. Condition was amended by Resolution No. 2021-001
Conditions which are detailed as not compliant in Table 2 are discussed in further detail below.

Condition of Approval No. 1
This condition requires the development to be substantially in accordance with the approved plans modified by the conditions of approval. As further discussed below for COA No. 9, the Applicant has not complied with COA No. 9 which requires the modification of the storefront window. Therefore the development is out of compliance COA No. 1.

Condition of Approval No. 5
This condition incorporates all the requirements of Article 48 of Chapter 4 of Title 9 of the PMC applicable to the cannabis retail operation. PMC Section 9-4.4803(d)(5) states, “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.” As further discussed below for COA No. 9, No. 18, and No. 20, the Applicant has not complied with these conditions imposed by the Planning Commission and therefore is out of compliance with PMC Section 9-4.4803(d)(5) and, therefore, COA No. 5.

Condition of Approval No. 6
This condition prohibits the operation of the cannabis retail operation from creating a public nuisance.

As established in PMC sec 9-4.4807, “[a]ny 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.” The cannabis retail operation is in violation of provision of Article 48 as demonstrated in this annual report because there are Conditions of Approval that have not been complied with and, as a result, the cannabis retail operation is considered a public nuisance, as defined in the PMC. Therefore, the Applicant is non-compliant with COA No. 6.

Condition of Approval No. 9
This condition was initially included in Resolution No. 2019-031 to bring the existing storefront window into the glazing requirements of PMC sec. 4-16.03(c)(1)(ii), which states, “Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.” Planning Commission’s findings in Resolution No. 2019-031 detail “The first floor of the proposed storefront is 24’ wide and 8‘ high for a total of 192 sf. The first floor of the existing storefront currently has a 10’ by 6’ window and a door with a 2’ by 5’-6” glass panel for a total of 71 sf of glass. Therefore, the existing glass along the first story storefront does not occupy at least 45 percent (86.4 sf minimum) of the storefront nor does the 10’ wide window plus the 2’ wide glass panel door meet the 60 percent of horizontal length of the store (14’-3” minimum). A COA would require modification of the front window to comply with PMC Section 4-16.03(c)(1)(ii).”
2 Packet Pg. 10

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As discussed under section A of this staff report, COA No. 9 initially required the Applicant to modify the storefront window prior to commencement of operations. However, in response to the Applicant’s claims that revenue from the operation of the cannabis operation was necessary to generate the funds for the window modifications, the City worked with the Applicant to establish a mutually agreed upon schedule that would delay the window modifications until after the commencement of operations. The City entered into a deferral agreement with the applicant and the Planning Commission later amended the condition to be consistent with the deferral agreement. The Applicant’s progress on this condition, and the associated milestone deadlines contained in the condition, is detailed in Table 2.

Table 2. Applicant’s Progress with COA No. 9, as revised by Resolution No. 2021-001 Summary of Milestone Deadlines Identified in
Resolution No. 2021-001 Applicant’s progress
The Applicant shall apply for a building permit
within two weeks of approval of Resolution No.
2021-001 (March 2, 2021) to modify the firstfloor storefront to increase the horizontal and overall measurements of the glass on the first
floor storefront to meet or exceed the
requirements of PMC sec. 4-16.03(c)(1)(ii).

Applicant submitted building permit application
materials on March 1, 2021. Engineering, Building
and Planning had comments on the submittal,
which were provided to the Applicant by March
29, 2021. The applicant has not resubmitted a
response to the City’s plan check comments
issued in March 2021.

Within three working days of notice from City
that building permit is ready to be issued, the
Applicant shall pay all building permit fees.

The City has been unable to provide notice that
the building permit is ready to be issued because
the applicant has not made diligent efforts to
process the building permit application in
response to City plan check comments, as noted
above.

Within two weeks of building permit issuance,
Applicant shall complete the store front
modification and window installation and request
a building final inspection. Additional time may
be granted by Planning Director due to a special
order of materials.

The applicant has not completed a final building
permit inspection because the applicant has not
obtained the building permit as required.

On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. In response, staff did suspend its regular reminders and check-ins to the applicant for approximately one year, other than an email to update the Applicant on the total of outstanding funds as discussed under COA No. 18, below. Staff was unable to grant additional time to comply with the requirements of this COA because it was enacted by the Planning Commission. Thereafter, staff followed up with the Applicant in March 2022 to remind the Applicant of the outstanding window modification requirement (and outstanding fees as further discussed below), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded stating that they were working with their landlord on next steps. On April 20, 2022, staff informed the Applicant the annual report has been scheduled for August 15, 2022 and further encouraged the Applicant to complete the window modification by July 27, 2 Packet Pg. 11

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2022 so staff would have time to note satisfaction of the COA in the annual report. No progress was made on the window modification before publication of this report. Therefore, the Applicant is not compliant with COA No. 9.

Condition of Approval No. 18
This condition in Resolution No. 2019-031 is standard language that is generally included in all Planning Commission resolutions. The condition required that all outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Activity Permit CAP-8-18 and that cannabis retail operations shall not commence operation until such fees are paid.

The City’s master fee schedule establishes a time and materials billing system for planning applications.

While staff collects an initial lump sum deposit and requires the Applicant to sign a reimbursement agreement form as part of the application, this standard condition provides an additional layer of authority for the City to collect any outstanding fees or payments prior to the commencement of the project.

The City calculated the outstanding fees associated with the permit to be $4,080.56. On January 31, 2020, the City sent the Applicant a written request for the funds within 30 days consistent with the payment terms in the reimbursement agreement. In February 2020, the Applicant requested to pay the amount in $1,000 monthly installments, which staff agreed to and established a payment plan over the next four months. The first payment was due March 31, 2020, however no payments for the outstanding fees were made.

In June 2020, staff began conversations with the Applicant of the option to enter a deferral agreement.

The Applicant agreed to pay the cost of preparing the deferral agreement and processing the amendments to the conditions of approval. Staff worked with the Applicant to establish a mutually agreed upon payment deadline that would occur after the commencement of operations. The Planning Commission formally the condition to incorporate the deadline as established in the deferral agreement.

The revised condition required the permittee to pay all outstanding fees within 60 days of Planning Commission approval of the revised conditions (i.e., April 17, 2021). Staff calculated costs at the time and informed the Applicant of the outstanding fees of $25,299.29 to be paid by March 10, 2021. No payment for the outstanding fees was made.

On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. Staff followed-up again with the Applicant on June 10, 2021 and informed the Applicant that the final invoice for the processing of the amendment was received and updated the final outstanding costs for the processing of the CAP, preparation and execution of the deferral agreement and processing the amendments of the CAP was $25,952.89. No response was received from the Applicant. Staff followed up with the Applicant again in March 2022 to remind the Applicant of the outstanding fees (and window modification requirement as discussed above), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded with a written request for a payment plan. On April 20, 2022, staff denied the Applicant’s request for the payment plan, and informed the Applicant the annual report had been scheduled for August 15, 2022 and further encouraged the Applicant to pay the outstanding fees by July 27, 2022 so staff would have time to note satisfaction of the COA in the annual report. No payment for the outstanding fees was made before July 27, 2022. 2 Packet Pg. 12

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Annual Review of CRO at 450 Dondee Way Ste. 2 (Seaweed Holistics) August 15, 2022

Condition of Approval No. 20
This condition was initially included in Resolution No. 2019-031 in response to concerns that the Police Chief had regarding the Applicant’s ability to comply with all PMC requirements and conditions of approval imposed on this permit, in particular the lack of completion of the storefront window modifications. The Planning Commission included this condition to require:
i) The Applicant to permit inspection of its cannabis operation by City officials during normal operating hours without advanced notice;
ii) The Applicant to submit quarterly compliance reports to the Chief of Police outlining how the operation is complying with all applicable laws and conditions of approval; and iii) The Applicant to provide a live stream of the Applicant’s video surveillance system which is accessible to the Chief of Police via remote access 24 hours per day.

There have been no compliance issues with the Applicant permitting inspection of its cannabis operation by City officials during normal operating hours without advance notice or providing access to the Applicant’s live stream video surveillance system 24 hours per as day. The Applicant did inform Planning staff that they have not submitted the quarterly compliance reports to the Chief of Police since March 2021.

3. Code Enforcement and Police Calls for Service
In addition to its analysis of the conditions of approval applicable to Cannabis Activity Permit CAP-8-18 (Section 2.B, above), Planning Department staff consulted with the Police Department and Code Enforcement Officer to determine if, pursuant to PMC 9-4.4806(b), violations of Article 48, the security plan or any violations which constitute a nuisance have occurred, which could be a basis for revocation of CAP 8-18. Captain Bill Glasgo found, based on an address search of 450 Dondee Way, Suite 2 of reported calls for service, that there were no calls of concern between September 2020 through July 28, 2022. Calls of concern include illegal activity or activity that can be identified as a nuisance. The City’s Code Enforcement Officer also did not identify any code enforcement complaints related to the subject site.

4. Business License and Tax Filings
Planning Department staff also consulted with the City’s Finance Department to determine if the subject cannabis operation has complied with all recordkeeping requirements of Article 48 including business license and cannabis operation tax obligations. The Finance Department confirmed that Seaweed Holistics, LLC is in good standing with all business license and cannabis operation tax filings.

II. STAFF ANALYSIS
As demonstrated in Section 2 of this report, the operator of the cannabis retail operation has maintained a cannabis retail operation that has not caused calls of concern from the Police Department or public nuisance complaints from the Code Enforcement Officer. The cannabis retail operation is in good standing with the state license, business license, and local tax filings. The operator has also complied with several conditions of the cannabis activity permit, however there are notable and continuing non-compliance issues related to COA No. 9, COA No. 18, and COA No. 20. Because of the compliance status of COA No. 9, COA No. 18, and COA No. 20, the operation is also not compliant with 2 Packet Pg. 13

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Annual Review of CRO at 450 Dondee Way Ste. 2 (Seaweed Holistics) August 15, 2022

COA No. 1, COA No. 5 and COA No. 6.

The City has provided several accommodations to this Applicant to assist with achieving compliance related to COA No. 9 and COA No. 18, including establishment of a payment plan, an agreement to defer conditions, providing additional time to due to personal matters, and scheduling the annual report at the latest meeting opportunity. These accommodations are in addition to the several email reminders and extra guidance that staff has provided the Applicant. Staff has provided this assistance with the intention of helping the Applicant succeed and to be a business-friendly resource. However, the Applicant’s lack of progress on COA Nos 9 and 18 and has left staff with no indication that further extensions for compliance would result in completion of the applicable requirements by the Applicant.

Furthermore, it was the Applicant’s responsibility to submit the quarterly reports to Chief of Police in accordance with COA No. 20
Per PMC sec. 9-4.4806(e) as the result of the noncompliance finding of this annual report, staff may initiate a permit suspension or revocation proceeding against the cannabis operation if, upon completion of an annual review, the business is found to not be in compliance with Article 48 or is operating in a manner which constitutes a public nuisance.

For all the reasons provided in this staff report, staff recommends that the Planning Commission find the operation of the cannabis retail operation at 450 Dondee Way, Suite 2 to not be in compliance with the requirements of Article 48 of Title 9, Chapter 4 of the PMC or the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001, to find that the cannabis retail operation is operating in a manner which constitutes a public nuisance, and to initiate suspension or revocation proceedings and direct staff to return within 60 days to conduct a public hearing regarding suspension or revocation of CAP 8-18.

III. COMMISSION ACTION
Move to ADOPT the attached resolution to FIND that the annual review of the cannabis retail operation is exempt from the California Environmental Quality Act; to FIND that the operation of the cannabis retail operation at 450 Dondee Way, Suite 2 (APN 022-021-640) authorized by Cannabis Activity Permit CAP-8-18 (File No. 2018-029) is not in compliance with the requirements of Article 48 of Chapter 4 of Title 9 of the PMC or the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001; and taking other actions pertaining to a public hearing to consider suspension or revocation of CAP-8-18.

ATTACHMENT LIST:

Attachment A - Draft Resolution (DOCX)
Attachment B - Planning Commission Resolution No. 2019-031 (PDF) Attachment C - Agreement for Deferral of Specified Conditions of Approval (PDF) Attachment D - Planning Commission Resolution No. 2021-001 (PDF) 2 Packet Pg. 14

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Attachment: Attachment G - Planning Commission Resolution 2022-021 (5176 : Appeal and Call-Up of Planning Commission Revocation of

PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: October 3, 2022 FILE: CAP-8-18
ITEM: 1
PUBLIC NOTICE: Notice of Public Hearing was published in the San Mateo Daily Journal on September 22, 2022 and mailed to approximately 120 surrounding property owners and occupants.

APPLICANT/
OPERATOR:

Ana Leaño Williams
Seaweed Holistics, LLC
450 Dondee Way, Suite 2
Pacifica, CA 94044

PROPERTY
OWNER:

Ronald E. Grindrod Trust
450 Dondee Way, Suite 15
Pacifica, CA 94044
PROJECT LOCATION: 450 Dondee Way, Suite 2 (APN 022-021-640) – Rockaway Beach PROJECT DESCRIPTION:File Nos. 2018-029 and 2020-020 – Consideration of revocation of Cannabis Activity Permit CAP-8-18 which authorizes the operation of a cannabis retail operation, Seaweed Holistics, LLC, for the sale of medicinal and adult use cannabis.

SITE DESIGNATIONS: General Plan/Local Coastal Plan: Commercial Zoning: C-1 (Neighborhood Commercial) / C-Z (Coastal Zone Combining District) / CO-RB (Cannabis Operation, Rockaway Beach Overlay District) Rockaway Beach Specific Plan: Mixed Use
RECOMMENDED CEQA STATUS: Exempt under the “Common Sense” exemption per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ADDITIONAL REQUIRED APPROVALS: Subject to appeal to the City Council.

RECOMMENDED ACTION: Adopt the attached Resolution.

PREPARED BY: Bonny O’Connor, AICP, Senior Planner
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A. BACKGROUND
On September 16, 2019, the Planning Commission approved Cannabis Activity Permit CAP-8-18 with the adoption of Planning Commission Resolution No. 2019-031 (Attachment B) to establish and operate a Cannabis Retail Operation with adult use and medicinal cannabis sales at 450 Dondee Way, Suite 2 (“Seaweed Holistics”) (File No. 2018-029). Exhibit A to Resolution No. 2019-031 included conditions of the approval (“COAs”) applicable to CAP-8-18. Many of these COAs were required to be met prior to the commencement of operations. While the Applicant made progress towards completion of some of the COAs, the Applicant indicated that two COAs were infeasible to satisfy prior to commencement of operations. The Applicant explained that they had to commence operations to generate revenue through cannabis retail sales to be able to satisfy COA No. 9 and COA No. 18 (Attachment B).

Given the Applicant’s request, the City temporarily deferred compliance with COA No. 9 and COA No. 18 through the Agreement Regarding Deferral of Specified Conditions of Approval Relating to the Operation of Seaweed Holistics (“Agreement”) executed on September 21, 2020 (Attachment C), to allow the Applicant to commence operations to generate the revenue necessary to satisfy COA No. 9 and COA No. 18 provided that the Applicant expeditiously process an application to modify these COAs. On February 16, 2021, the Planning Commission approved Resolution No. 2021-001 which amended COA No. 9 and COA No. 18 of CAP-8-18 to defer the timing of compliance with those conditions until after commencement of operations (File No. 2020-020) (Attachment D).

In accordance with Pacifica Municipal Code (PMC) Section 9-4.4806(e) and COA No. 19, the Planning Commission conducted an annual review of the cannabis retail operation at the August 15, 2022, Planning Commission meeting. After receiving a report prepared by staff and testimony, the Planning Commission found that operation of Seaweed Holistics is being conducted in a manner that is not in compliance the requirements of Article 48 of Title 9, Chapter 4 of the PMC and the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001 and therefore constitutes a public nuisance in accordance with PMC sec. 9-4.4806 and PMC sec. 9-4.48071 . The Planning Commission also
directed staff to schedule a public hearing within 60 days2 to consider suspension or revocation of
Cannabis Activity Permit CAP-8-18 in accordance with PMC sec. 9- 4.4806.

B. DISCUSSION

1. Compliance Status
As presented during the annual report to the Planning Commission on August 15, 2022, staff found that the applicant was out of compliance with COA No. 9 (as amended by Resolution No. 2021-001), COA No. 18 (as amended by Resolution No. 2021-001) and COA No. 20 of Resolution No. 2019-031. Status of each of these conditions are discussed below.
1 Planning Commission Resolution No. 2022-016 (Attachment E) 2 The October 3, 2022 Planning Commission Meeting is the last regularly scheduled Planning Commission meeting that occurs within the prescribed 60 day timeline which ends on October 14, 2022. 1 Packet Pg. 49

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Condition of Approval No. 9
This condition was initially included in Resolution No. 2019-031 to bring the existing storefront window into the glazing requirements for the Security Plan standards of PMC sec. 4-16.03(c)(1)(ii), which states, “Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.” Planning Commission’s findings in Resolution No. 2019-031 detail “The first floor of the proposed storefront is 24’ wide and 8‘ high for a total of 192 sf. The first floor of the existing storefront currently has a 10’ by 6’ window and a door with a 2’ by 5’-6” glass panel for a total of 71 sf of glass. Therefore, the existing glass along the first story storefront does not occupy at least 45 percent (86.4 sf minimum) of the storefront nor does the 10’ wide window plus the 2’ wide glass panel door meet the 60 percent of horizontal length of the store (14’-3” minimum). A COA would require modification of the front window to comply with the Security Plan standards of PMC Section 4-16.03(c)(1)(ii).” COA No. 9 initially required the Applicant to modify the storefront window prior to commencement of operations. However, in response to the Applicant’s claims that revenue from the operation of the cannabis operation was necessary to generate the funds for the window modifications, the City worked with the Applicant to establish a mutually agreed upon schedule that would delay the window modifications until after the commencement of operations. The City entered into a deferral agreement with the applicant and the Planning Commission later amended the condition to be consistent with the deferral agreement. The Applicant’s progress on this condition, and the associated milestone deadlines contained in the condition, is detailed in Table 1.

Table 1. Applicant’s Progress with COA No. 9, as revised by Resolution No. 2021-001 Summary of Milestone Deadlines Applicant’s progress
The Applicant shall apply for a building permit within
two weeks of approval of Resolution No. 2021-001
(March 2, 2021) to modify the first-floor storefront to increase the horizontal and overall measurements of
the glass on the first floor storefront to meet or exceed the requirements of PMC sec. 4-16.03(c)(1)(ii).

Applicant submitted building permit application
materials on March 1, 2021. Engineering, Building and
Planning had comments on the submittal, which were
provided to the Applicant by March 29, 2021. The
applicant has not resubmitted a response to the City’s
plan check comments issued in March 2021.

Within three working days of notice from City that
building permit is ready to be issued, the Applicant shall pay all building permit fees.

The City has been unable to provide notice that the
building permit is ready to be issued because the
applicant has not made diligent efforts to process the
building permit application in response to City plan
check comments, as noted above.

Within two weeks of building permit issuance, Applicant shall complete the store front modification and window
installation and request a building final inspection.

Additional time may be granted by Planning Director
due to a special order of materials.

The applicant has not completed a final building permit inspection because the applicant has not obtained the
building permit as required.

On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. In response, staff did suspend its regular reminders and check-ins to the applicant for 1 Packet Pg. 50

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approximately one year, other than an email to update the Applicant on the total of outstanding funds as discussed under COA No. 18, below. Staff was unable to grant additional time to comply with the requirements of this COA because it was enacted by the Planning Commission. Thereafter, staff followed up with the Applicant in March 2022 to remind the Applicant of the outstanding window modification requirement (and outstanding fees as further discussed below), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded stating that they were working with their landlord on next steps. On April 20, 2022, staff informed the Applicant the annual report has been scheduled for August 15, 2022 and further encouraged the Applicant to complete the window modification by July 27, 2022, so staff would have time to note satisfaction of the COA in the annual report. No progress was made on the window modification before July 27, 2022. Since the annual report to the Planning Commission on August 15, 2022, no progress has been made on the window modification. Therefore, the Applicant is not compliant with COA No. 9.

Condition of Approval No. 18
This condition in Resolution No. 2019-031 is standard language that is generally included in all Planning Commission resolutions. The condition required that all outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Activity Permit CAP-8-18 and that cannabis retail operations shall not commence operation until such fees are paid.

The City’s master fee schedule establishes a time and materials billing system for planning applications.

While staff collects an initial lump sum deposit and requires the Applicant to sign a reimbursement agreement form as part of the application, this standard condition provides an additional layer of authority for the City to collect any outstanding fees or payments prior to the commencement of the project.

The City calculated the outstanding fees associated with the permit to be $4,080.56. On January 31, 2020, the City sent the Applicant a written request for the funds within 30 days consistent with the payment terms in the reimbursement agreement. In February 2020, the Applicant requested to pay the amount in $1,000 monthly installments, which staff agreed to and established a payment plan over the next four months. The first payment was due March 31, 2020, however no payments for the outstanding fees were made.

In June 2020, staff began conversations with the Applicant of the option to enter a deferral agreement.

The Applicant agreed to pay the cost of preparing the deferral agreement and processing the amendments to the conditions of approval. Staff worked with the Applicant to establish a mutually agreed upon payment deadline that would occur after the commencement of operations. The Planning Commission amended the condition to incorporate the deadline as established in the deferral agreement by adopting Resolution No. 2021-001 on February 16, 2021. The revised condition required the permittee to pay all outstanding fees within 60 days of Planning Commission approval of the revised conditions (i.e., April 17, 2021). Staff calculated costs at the time and informed the Applicant of the outstanding fees of to be paid by March 10, 2021. No payment for the outstanding fees was made.

On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. Staff followed-up again with the Applicant on June 10, 2021 and informed the Applicant that the final invoice for the processing of the amendment was received and updated the final total outstanding costs for the processing of the CAP, preparation and execution of the deferral agreement 1 Packet Pg. 51

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and processing the amendments of the CAP to $25,952.893. The City received no response from the Applicant. Staff followed up with the Applicant again in March 2022 to remind the Applicant of the outstanding fees (and window modification requirement as discussed above), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded with a written request for a payment plan. On April 20, 2022, staff denied the Applicant’s request for the payment plan, and informed the Applicant the annual report had been scheduled for August 15, 2022 and further encouraged the Applicant to pay the outstanding fees by July 27, 2022, so staff would have time to note satisfaction of the COA in the annual report. No payment for the outstanding fees was made before July 27, 2022. Since the annual report to the Planning Commission on August 15, 2022, no progress has been made on the outstanding fees before publication of this report. Therefore, the Applicant is not compliant with COA No. 18.

Condition of Approval No. 20
This condition was initially included in Resolution No. 2019-031 in response to concerns that the Police Chief had regarding the Applicant’s ability to comply with all PMC requirements and conditions of approval imposed on this permit, in particular the lack of completion of the storefront window modifications. The Planning Commission included this condition to require:
i) The Applicant to permit inspection of its cannabis operation by City officials during normal operating hours without advanced notice;
ii) The Applicant to submit quarterly compliance reports to the Chief of Police outlining how the operation is complying with all applicable laws and conditions of approval; and iii) The Applicant to provide a live stream of the Applicant’s video surveillance system which is accessible to the Chief of Police via remote access 24 hours per day.

There have been no compliance issues with the Applicant permitting inspection of its cannabis operation by City officials during normal operating hours without advance notice or providing access to the Applicant’s live stream video surveillance system 24 hours per as day.

At the time of the annual review on August 15, 2022, it was presented that the Applicant did inform Planning staff that they have not submitted the quarterly compliance reports to the Chief of Police since March 2021. Since that time, the applicant has submitted the missing reports and Police staff have found the reports adequate. At the time of the writing of this report the applicant is now considered to be in compliance with this condition of approval. The next quarterly report is due September 30, 2022, which is after the publication deadline for this report and prior to the hearing.

Because staff finds that the operation remains out of compliance with COA No. 9 and COA No. 18, staff also finds that the operation is also not compliant with COA No. 1 (requiring development to be substantially in accordance with approved plans modified by the conditions of approval), COA No. 5 (requiring compliance with all conditions of approval and all standards and regulations in Article 48 and applicable state laws) and COA No. 6 (requiring the operation to refrain from creating a public nuisance) as further detailed in the August 15, 2022 annual report to the Planning Commission (Attachment F). 3 This amount is the sum of the outstanding $4,080.56 for the original processing of CAP-8-18 and the outstanding $21,872.33 for the processing of the deferral agreement and the amendment to CAP-8-18. 1 Packet Pg. 52

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2. Criteria for Suspension or Revocation
In accordance with PMC sec. 9-4.4806, the Planning Commission may suspend or revoke a Cannabis Activity Permit if any of the following are found to apply:
(i) If any of the conditions or terms of such permit are violated4; (ii) If any law is violated in connection there with5;
(iii) If it appears to the Commission that the cannabis operation has violated any of the requirements of Article 48;
(iv) If the cannabis operation is being operated in a manner which violates the operational requirements or security plan required by the Code;
(v) If the cannabis operation is being operated in a manner which constitutes a nuisance; (vi) If the cannabis operation has ceased to operate for thirty (30) days or more; or (vii)If the cannabis operation is being operated in a manner which conflicts with or violates state cannabis law.

The Planning Commission found in Resolution No. 2022-016 (Attachment E), that Cannabis Activity Permit CAP-8-18 was in violation of conditions of the permit [Criterion (i)], that the cannabis retail operation is being conducted in a manner that is not in full compliance with the requirements of Article 48 of Title 9, Chapter 4 of the PMC [Criteria (ii) and (iii)]and that the cannabis retail operation is being operated in a manner which constitutes a nuisance [Criterion (v)]. Staff finds that the Compliance Status updates noted in the Section A.1 of this staff report does not change the non-compliant finding the Planning Commission made during the annual review process when it adopted Resolution No. 2022-016 on August 15, 2022. Therefore, staff has identified at least four criteria that justify suspension or revocation of Cannabis Activity Permit CAP-8-18 pursuant to PMC sec. 9-4.4806.

C. STAFF ANALYSIS
As detailed in this staff report, the Applicant’s cannabis retail operation has notable and continuing areas of non-compliance with COA No. 9 and COA No. 18. Because of the compliance status of COA No. 9 and COA No. 18, the operation is also not compliant with COA No. 1, COA No. 5 and COA No. 6.

As discussed above, PMC sec. 9-4.4806 provides that the Planning Commission may suspend or revoke a Cannabis Activity Permit. Although there is no specific requirements regarding when a suspension should be utilized rather than revocation, generally suspensions are used when a suspension is likely to allow the applicant time to achieve compliance in a particular case. In this case, the City has provided several accommodations to this Applicant to assist with achieving compliance related to COA No. 9 and COA No. 18 and the Applicant remains non-complaint. Some of these accommodations include establishment of a payment plan, an agreement to defer conditions, providing additional time due to personal matters, and scheduling the annual report at the latest meeting opportunity to confirm compliance status. These accommodations are in addition to the several email reminders and extra guidance that staff has provided the Applicant. Staff has provided this assistance with the intention of helping the Applicant succeed and to be a business-friendly resource. However, the Applicant’s lack of progress on COA Nos. 9 and 18 and has left staff with no indication that further extensions for compliance, such as a temporary suspension of their permit would result in completion of the applicable 4 As detailed in PMC sec. 9-4.3309(a) per PMC sec. 9-4.4806(a). 5 ibid.
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requirements by the Applicant.

For all the reasons provided in this staff report, staff recommends that the Planning Commission revoke CAP-8-18 to be effective immediately upon final determination of this action (i.e., expiration of the 10- day City Council appeal period). Revocation of CAP-8-18 would remove the Applicant’s ability to operate, engage in, conduct or carry out any cannabis operation at 450 Dondee Way, Suite 2, and prevent the Applicant from dispensing, selling, and/or delivering cannabis and/or cannabis products.

Staff notes that the Applicant’s Cannabis Public Safety License (CPSL) is set to expire on October 16, 2022 and actions that the Application must take before their CPSL expires includes payment of $23,577 for the Cannabis Public Safety License yearly license renewal fee.

D. COMMISSION ACTION
Move to ADOPT the attached resolution to FIND that action is exempt from the California Environmental Quality Act; REVOKE Cannabis Activity Permit CAP-8-18 (File Nos. 2018-029 and 2020- 020) associated with the cannabis retail operation at 450 Dondee Way, Suite 2 (APN 022-021-640); and, incorporate all maps and testimony into the record by reference.

ATTACHMENT LIST:

Attachment A - Draft Resolution (DOCX)
Attachment B - Planning Commission Resolution No. 2019-031 (PDF) Attachment C - Agreement Regarding Deferral of Specified Conditions (PDF) Attachment D - Planning Commission Resolution No. 2021-001 (PDF) Attachment E - Planning Commission Resolution No. 2022-016 (PDF) Attachment F - Planning Commission agenda packet, August 15, 2022 (PDF) 1 Packet Pg. 54

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/14/2022
1 SUBJECT:

Introduction of an Ordinance to Adopt the 2022 Edition of the California Building Standards Code and Fire Code with Local Amendments, including amendments to require building electrification (Reach Codes), underground utility installation, and expanded geotechnical hazard evaluation.

PROPOSED ACTION: Move to take the following actions:
1) Introduce by title only and waive the first reading of an Ordinance of the City Council of the City of Pacifica:
a. Repealing and replacing Chapters 1 (Building Code), 2 (Mechanical Code), 3 (Plumbing Code), 4 (Electrical Code), 5 (International Property Maintenance Code), 6 (Energy Code), 7 (Green Building Code), 7.5 (Residential Code), 8 (Historical Buildings Code, 8.5 (Existing Buildings Code), 9 (Reference Standards Code) of Title 8 of the Pacifica Municipal Code, to adopt by reference the 2022 California Building Standards (California Code of Regulation, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12) and the 2021 International Property Maintenance Code and making certain amendments thereto; b. Repealing and replacing Article 1 (Fire Code) of Chapter 3 (Fire Protection) of Title 4 of the Pacifica Municipal Code to adopt the 2022 California Fire Code and making certain amendments thereto; and
c. Finding adoption of the Ordinance exempt from the California Environmental Quality Act
2) Set a public hearing to consider adoption of the Ordinance on November 28, 2022.

STAFF CONTACT:

Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
Craig Wittner, Assistant Fire Marshal
(650) 991-5532
[email protected]
BACKGROUND/DISCUSSION:

Every three years, the California Building Standards Commission adopts new versions of the California Building Standards Code, pursuant to the California Code of Regulations, Title 24.

Every city and county is required to adopt ordinances or regulations imposing the same requirements as those contained in the most recently adopted version of the California Building Standards Code. If no such ordinance is adopted, the standards set forth in Title 24 are still imposed on the city or county by default. Sections 17958, 17958.5, 17958.7, and 18941.5 of 11 Packet Pg. 289
Pacifica City Council 2
November 14, 2022
the Health & Safety Code provide that a city or county may make amendments to the California Building Standards that are reasonably necessary because of local climatic, geological, or topographical conditions.

California Government Code sections 50022.2 and 50022.3 require that for certain codes that are adopted by reference, the City must conduct the first reading and introduction of the ordinance and then schedule a public hearing for the second reading prior to adoption of the ordinance. Certain notice requirements for the second reading of the ordinance are set forth in Government Code sections 50022.3, which include publication of the notice in a local newspaper prior to the scheduled date of the second reading.

The proposed ordinance, included as Attachment 1, will repeal and re-enact portions of Pacifica Municipal Code (PMC) Title 8 (Building Regulations) and Title 4, Chapter 3, Article 1 (Fire Code), with local amendments. The Building/Fire local amendments are reasonably necessary due to the local climatic, geological, and topographical conditions of the City, as detailed in the required findings and exhibit of the ordinance.

With limited exceptions further detailed, below, the City of Pacifica has consistently over several code cycles adopted the local amendments contained in the proposed ordinance. Such local amendments are typical of the triennial update and are not changing from the existing Code and include but are not limited to amendments to the Building Code, Residential Code, Fire Code, Plumbing Code, and Electrical Code.

New or revised local amendments that warrant further discussion are as follows:

Underground Utilities Installation
A proposed local amendment would modify the California Building Code (CBC) and California Residential Code (CRC) to require installation of underground utilities in all new buildings and when an existing utility line is upgraded. Exceptions to the underground utility installation requirement would include the following:
1) It would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued. 2) It would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure. In such cases, the nearest 500 feet of utility lines to the structure shall be installed underground. 3) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines.

Geotechnical Hazard Assessments
A proposed local amendment would modify the CBC and CRC to require an expanded geotechnical hazard assessment for any site that is located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica. The expanded geotechnical hazard assessment would be subject to the following requirements, in addition to any other geotechnical investigation or geohazard investigation required by the CBC or CRC or any other provision of law:
1) A registered design professional shall evaluate potential off-site geotechnical hazards, including but not limited to those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.
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2) When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable. 3) The building official shall not issue a building permit until any project design feature(s) identified by the evaluation has/have been incorporated into the project plans. 4) The evaluation shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publicly-accessible areas in the vicinity of the project site, including but not limited to public rights-of-way and public open spaces. The local amendment shall not require or authorize entry onto neighboring properties for any purpose, including but not limited to obtaining soil borings. 5) The registered design professional may seek a waiver from the requirement to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project.

The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of the code, and no other less-costly feature can be incorporated into the project design to reduce the identified hazard(s).

Green Building Standards Code
The City Council first adopted local amendments during the 2019 code adoption process to require all-electric appliances in new buildings with four exceptions. At a study session on September 27, 2022, and during a consideration item on October 24, 2022, the City Council directed staff to prepare revisions to the existing building electrification standards as part of the 2022 code adoption process as well as inclusion of revised electric vehicle (EV) parking standards. A proposed local amendment would incorporate the City Council’s direction and would:
1) Eliminate the exception from all-electric building construction for:
a. Cooking appliances and fire places in residential buildings. b. Public agency owned and operated emergency centers.
c. Accessory dwelling units
2) Prohibit the installation or use of natural gas for any purpose in an all-electric building constructed after January 1, 2023, excepted as provided in #3, below. 3) Continue an exception for for-profit restaurants to install gas cooking appliances subject to certain criteria, including new restaurants in the commercial area of a new mixed-use building constructed after adoption of the 2022 code update. 4) Define that a “new construction building” for purposes of electrification requirements would be one constructed pursuant to a building permit issued on or after January 1, 2023.
5) Establish EV parking standards for single-family and two-family dwellings that require:
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a. One Level 2 EV Ready circuit 1
b. One Level 1 EV Ready circuit
6) Establish EV parking standards for multi-family dwellings that require:
a. Level 2 EV charging station (EVCS): 15% of dwelling units with parking spaces b. Level 2 EV Ready (low-power2): 85% of dwelling units with parking spaces The standards also provide a developer option to exempt dwelling units from the EV parking requirements if they are restricted to affordability by lower income households, as defined, pursuant to a legal agreement approved as to form by the City Attorney. 7) Establish EV parking standards for non-residential uses that require:
a. Offices
- Level 2 EVCS: 20% of off-street parking spaces
- Level 2 EV Ready: 30% of off-street parking spaces
b. Public Parking Lots (Staff Recommendation)
- Level 2 EVCS: 15% of off-street parking spaces
- Level 2 EV Ready: 20% of off-street parking spaces
c. Overnight Accommodations (Staff Recommendation)
- Level 2 EVCS: 30% of off-street parking spaces
- Level 2 EV Ready: 20% of off-street parking spaces
d. All Other
- Level 2 EVCS: 10% of off-street parking spaces
- Level 2 EV Ready: 10% of off-street parking spaces
Staff recommends introducing the proposed ordinance as drafted and setting a public hearing to consider adoption of the proposed ordinance on November 28, 2022.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA), in that the adoption of State codes and the local amendments therein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of the proposed ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment.

ALTERNATIVE ACTION:

The Council may decline to adopt local amendments or request modifications, including to the proposed Reach Codes. If the City Council desires to make further substantive amendments beyond those identified in the proposed ordinance, it is unlikely that the proposed ordinance would be implemented by January 1, 2023. While local amendments, including Reach Codes, may be adopted at any time, adoption before the beginning of the triennial code cycle provides 1 Level 2 charging refers to a 240-volt circuit and results in faster charging as compared to Level 1 charging which uses a 120-volt circuit.
2 A “low-power” Level 2 EV Ready setup includes a minimum 4.1 kVA (240 volt, 20-ampere) circuit, as compared to a standard Level 2 EV Ready setup that includes a minimum 8.3 kVa (240 volt, 40-ampere) circuit.
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the greatest clarity to potential applicants and simplifies staff administration of applicable regulations following the code update.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Adoption of the 2022 CBC and local amendments is not related to a City Council priority work plan item. However, adoption of certain local amendments, including Reach Codes, would support the following Council-adopted goals:

Goals
● “Stewardship of City Infrastructure” includes repairing/replacing outdated city facilities, improving streets, stormwater and wastewater infrastructure and responding to impacts of sea level rise and other effects of climate change.
● “Environmental Sustainability” includes stewardship of parks, urban forests and open space, preserving hillsides and beaches, and adaptation to climate change.

In addition, the City of Pacifica’s Climate Action Plan (CAP) Goal 4.1.1 states that the City should “Require Green Building Practices in Both the New Construction and Remodel Market.” FISCAL IMPACT:

The Fiscal Year 2022-2023 adopted budget included $25,000 for costs associated with the 2022 California Building Code update. Staff estimates the budgeted amount should be sufficient for analysis and adoption of the state-mandated code and all local amendments identified in this staff report. Council direction to analyze other local amendments has the potential to incur additional costs that were not anticipated in the adopted budget.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Attachment 1 - Draft Ordinance to adopt by reference the 2022 California Building Standards Code and Local Amendments (DOCX)
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ORDINANCE NO. _______________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTERS 1 (BUILDING CODE), 2 (MECHANICAL CODE), 3 (PLUMBING CODE), 4 (ELECTRICAL CODE), 5 (INTERNATIONAL PROPERTY MAINTENANCE CODE), 6 (ENERGY CODE), 7 (GREEN BUILDING CODE), 7.5 (RESIDENTIAL CODE), 8 (HISTORICAL BUILDINGS CODE), 8.5 (EXISTING BUILDINGS CODE), AND 9 (REFERENCE STANDARDS CODE) OF TITLE 8 OF THE PACIFICA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 AND 12) AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND MAKING CERTAIN AMENDMENTS THERETO; REPEALING AND REPLACING ARTICLE 1 (FIRE CODE) OF CHAPTER 3 (FIRE PROTECTION) OF TITLE 4 OF THE PACIFICA MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATION, TITLE 24, PART 9) AND MAKING CERTAIN AMENDMENTS THERETO; AND FINDING ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the Building Standards Commission has adopted and published the 2022 California Building Standards Code (California Code of Regulations, Title 24); and WHEREAS, the 2022 California Building Standards Code contains, amongst other parts, the California Administrative Code (Title 24, Part 1), California Building Code (Title 24, Part 2), California Residential Code (Title 24, Part 2.5), California Electrical Code (Title 24, Part 3), California Mechanical Code (Title 24, Part 4), California Plumbing Code (Title 24, Part 5), California Energy Code (Title 24, Part 6), California Historical Building Code (Title 24, Part 8), California Fire Code (Title 24, Part 9), California Existing Building Code (Title 24, Part 10), the California Green Building Standards Code (Title 24, Part 11), and the California Referenced Standards Code (Title 24 Part 12); and
WHEREAS, the Building Standards Commission readopts new editions of the California Building Standards Code as set forth in Title 24 of the California Code of Regulations every three years, which goes into effect statewide 180 days after adoption by the Building Standards Commission; and
WHEREAS, Sections 17922, 17958, and 18941.5 of the California Health & Safety Code provide that the governing body of every city or county shall adopt ordinances or regulations imposing the same requirements as those contained in the most recently adopted version of the California Building Standards Code; and
WHEREAS, Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health & Safety Code provide that a city or county may make amendments to the California Building Standards to make changes or modifications that are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, at a public meeting on September 27, 2022, the City Council received a presentation on reach codes and the City Council provided direction to the City Manager to prepare Reach Codes for Council’s future consideration, which provide building electrification standards that are more stringent than statewide standards; and

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WHEREAS, the City of Pacifica is comprised of a number of cul-de-sacs off of Highway 1, which divides the City into distinct districts. Each of these districts is isolated from each other by the topography of the City. The City is bordered to the west by the Pacific Ocean and to the east by hills that separate the City from other communities; and WHEREAS, a series of overpasses span Highway 1. The collapse of one or more of these overpasses would greatly restrict access to the majority of the City. Highway 1 narrows at two points in the City. A major accident at these choke points also restricts the ability to provide emergency services throughout the City. Several of the districts within the City, such as Vallemar, Rockaway, and Pedro Point have narrow roads in which parking is either not permitted or is limited to one side of the street only. The roads are steep, between 10 to 19 percent in grade, and wind along the contours of the hillsides. These conditions add to the response times of emergency vehicles and also limit the number of emergency vehicles that can be sent to any particular address in these areas; and
WHEREAS, the City of Pacifica is subject to ground tremors from large seismic events along the San Andreas, Loma Prieta, and Seal Cove faults. A part of the City is within the Alquist/Priolo special studies zone, as shown in the Alquist-Priolo Earthquake Fault Zone Act of 1972. Seismological evidence indicates there is a probability of an earthquake in the region ranging from 5 to 7 on the Richter Scale. This potential for earthquakes influences fire protection planning. A major seismic event would create a Citywide demand on fire protection service, which would be beyond the response capacity of the fire department. Structural damage to the overpasses on Highway 1 would seriously delay emergency vehicle access to major parts of the City; and
WHEREAS, the City of Pacifica is unique in its climatic conditions. According to records found at the National Weather Service, the average yearly rainfall for the City is approximately 25” to 30”, with a high of 65” in 1995. This rainfall normally occurs from November to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period can range into the 80’s to 90’s Fahrenheit and are frequently accompanied by light to gusty winds. With the extensive Urban-Wild land interface that surrounds the City, the potential for a major fire is high; and
WHEREAS, overhead utility lines are a leading cause of major fires, as evidenced by the 2021 Dixie Fire, which burned close to 1 million acres and destroyed over 1,000 structures, and was caused by a tree contacting electrical distribution lines. Other major fires caused by overhead utilities included the 2015 Butte Fire and the 2018 Paradise fire, which resulted in the deaths of 85 people and the destruction of the entire town of Paradise, California; and WHEREAS, in addition to posing significant health and safety risks due to fire danger, overhead utility lines have a negative impact on scenic resources throughout the City, including scenic vistas and viewsheds;
WHEREAS, in light of the above, the City desires to modify the California Building Standards Code to require that all utilities for new buildings be installed underground as described herein; and
WHEREAS, Pacifica is located adjacent to the Pacific Ocean and significant areas of the City are subject to extreme wave heights, severe bluff erosion and flooding which cause damage to public facilities and private property, especially during heavy rainfall and El Nino winters.

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Pacifica is one of a minority of California local jurisdictions that is located within the Coastal Zone, where the intensity of the aforementioned coastal waves and flooding are projected to increase as a result of sea level rise and climate change. A primary cause of climate change is earth’s increasing temperature that is the result of greenhouse gases released from the burning of fossil fuels, including natural gas used for heating and cooking within new and existing buildings; and WHEREAS, due to its proximity to the Pacific Ocean, Pacifica is at risk from a potential tsunami hazard if a major earthquake occurs in the Pacific Ocean resulting in a wave run-up. The approximate wave run-up height of 20 feet presents a risk to structures and individuals in the area, as there are approximately 900 existing dwelling units within Pacifica’s tsunami run-up area, as well as important community services and facilities; and WHEREAS, Pacifica is framed by ridges of the Coast Range on the east and is home to 37 mountain summits and peaks. Hillside stability is a critical hazard. Slope failures and surficial landslides are a significant hazard, and runoff from heavy rain or ground-shaking are most likely to activate landslides in the hilly terrain; and
WHEREAS, Pacifica is exposed to more extreme weather than elsewhere in the Bay Area, including strong winds, almost constant exposure to salt air and frequent heavy rains during the winter months. The off-shore high pressure system and upwelling of deeper, cold water just off the coast result in frequent summer fog; and
WHEREAS, adoption of this ordinance will update the City of Pacifica’s building standards for all types of buildings to reflect the most recent improvements in design and construction techniques, and will provide a level of safety to building occupants intended by the State in its code adoption process; and
WHEREAS, the California Building Standards Code has not fully addressed the climatic, geological, or topographical conditions in the City of Pacifica and as such, amendments are necessary to address the climatic, geological and topographical considerations identified herein; and
WHEREAS, the City Council of Pacifica is not required to make an express finding for amendments necessary to carry out the application of the California Building Standards Code that do not otherwise modify a Building Standard; and
WHEREAS, certain amendments to the California Building Standards Code have been recommended by the Pacifica Fire Marshal; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council held on September 27, 2022, October 24, 2022, November 14, 2022, and November 28, including any supporting reports by City staff, and any information provided during public hearings and the City has given proper notice of the adoption of the various building codes and standards by reference pursuant to California Government Code sections 50022.2 and 50022.3.

NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this ordinance.

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Section 2. Environmental Review. The City Council finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment.

Section 3. Local Amendments. The City Council of the City of Pacifica expressly finds and declares in accordance with Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health & Safety Code that the amendments, additions, and deletions to the California Building Standards Code set forth below are reasonably necessary because of the local climatic, geological, and topographical conditions described above and more specifically identified in the findings described above and further set forth in Exhibit A.

Section 4. Repeal of Chapter 1 of Title 8. Chapter 1 (“Building Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impede, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 5. Adoption of Chapter 1 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 1 to read as follows:
“CHAPTER 1 BUILDING CODE
Section 8-1.01 – Adoption of the California Building Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 35, including Chapter 1 Division II Scope and Administration, Appendix C (“Group U – Agricultural Buildings”), Appendix G (“Flood-Resistant Construction”), Appendix I (Patio Covers) and Appendix J (“Grading”), of that certain Code designated as the California Building Code, 2022 Edition [Title 24, California Code of Regulations, Part 2], which incorporates and amends the 2021 Edition of the International Building Code published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Building Code for the City. “Sec. 8-1.02. Amendments: Section 1.11.2.1 ("Enforcement").

Section 1.11.2.1.1 of Chapter 1, Division I of the California Building Code shall be amended to read as follows:

The City of Pacifica specifically delegates the enforcement of building standards adopted by the State Fire Marshal, and published in the Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, as they relate to

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Group R-3 Occupancies (one and two family dwellings) to the Building Official of the City of Pacifica.

Sec. 8-1.03. Amendments: Section 105.3 ("Application for a permit").

Section 105.3.3 shall be added to the California Building Code to read as follows:

Section 105.3.3 Improvements Required Prior to the Issuance of Building Permits and Exceptions.

The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.

Exceptions:
(1) When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may deem it feasible.
(2) Sidewalks shall not be required prior to the issuance of a building permit for the construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.

Sec. 8-1.04. Amendments: Section 105.6 ("Suspension or revocation").

Section 105.6 of the California Building Code shall be amended in its entirety to read as follows:
105.6 Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.

The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.

Sec. 8-1.05. Amendments: Section 105.8 ("Hours of construction").

Section 105.8 shall be added to the California Building Code read as follows:

Section 105.8 Hours of Construction: The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.

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Sec. 8-1.06. Amendments: Section 109.4 ("Work commencing before permit issuance").

Section 109.4 of the California Building Code is hereby amended in its entirety to read as follows:
109.4 Work Commencing Before Permit Issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued. Such fees shall not limit the imposition and collection of any other applicable fees that may be required by the Building Official, including fees for inspections and testing necessitated by illegal construction.

Sec. 8-1.07. Amendments: Section 111.2.1 ("Certificate issued").

Section 111.2.1 shall be added to the California Building Code read as follows:
111.2.1 Improvements Prior to Occupancy of Structures and Utility Service Exceptions.
(a) No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section 105.3.3 have been installed and approved by the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including but not limited to any applicable conditions of approval imposed on the project by approval of a discretionary permit.
(b) When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to insure completion shall be posted for the completion of the required improvements.

Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.

Sec. 8-1.08 – Amendments: Section 112.4 (“Service Utilities: Underground Utilities”) Section 112.4 is hereby added to the California Building Code to read as follows:

Section 112.4 – Underground Utilities.
112.4.1 – Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City’s authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.

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112.4.2 – Undergrounding Requirements.
(a) Persons constructing any structure subject to this Code shall underground all utility lines as follows:
(i) All on-site utility lines must be placed underground; (ii) All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and
(iii) If any utility lines are being upgraded, the upgraded portions as well as the pre-existing lines shall be placed underground.
(b) Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:
(i) The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;
(ii) The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or
(iii) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines. 112.4.3 – Undergrounding Standards.
(a) All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met. (b) In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City, county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.” Sec. 8-1.09. Amendments: Section 113 ("Means of Appeals").

Section 113.1 of the California Building Code is hereby amended to read as follows:
113.1 General
Any person who is aggrieved by an order, decision or determination of the Building Official or the Building Official’s determination of this code may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within

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ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding.

Appeals shall be heard as follows:
(1) Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.
(2) At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. (3) Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding. (4) If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.

Sec. 8-1.10. Amendments: Section 114.4 ("Violation penalties").

Section 114.4 of the California Building Code is hereby amended in its entirety to read as follows:
114.4 Violation Penalties. Any person, firm or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.

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Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.

Sec. 8-1.11. Amendments: Section 117 ("Procedures for Legalizing Unpermitted Structures or Grading").

Section 117 shall be added to the California Building Code to read as follows:
117. Procedure for Legalizing Unpermitted Structures or Grading. 117.1 Permits. Any person who wishes to legalize an "unpermitted structure" or "unpermitted grading" shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized. 117.2 Plans.
117.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval. 117.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.
117.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
117.4 Investigation Fees.
117.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
117.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section 109.4 of this Code.

The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law.

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117.5 Unpermitted Structures or Grading Which Cannot be Legalized. If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections and approvals.

Sec. 8-1.12. Amendments: Section 202 ("Definitions").

Section 202 of the California Building Code is hereby amended to add the following definitions:

BOARD OF APPEALS. The Emergency Preparedness & Safety Commission of the City of Pacifica.

TECHNICAL CODES. The California Building Standards Code, Title 24 California Code of Regulations, Parts 1- 12, and the International Property Maintenance Code, as adopted by the City of Pacifica, and as further amended by the City of Pacifica in Title 8 of the City of Pacifica Municipal Code.

Sec. 8-1.13. Amendments: Section 903.2 ("Where Required").

Section 903.2 of the California Building Code is hereby amended in its entirety to read as follows:
903.2 Where Required.

A. Newly Constructed Buildings and Structures. An automatic fire sprinkler system shall be installed in all new occupancies and locations.

Exception. Detached U occupancies not exceeding 1,000 square feet in size, when accessory to an R-3 dwelling.

B. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.

Exceptions:

1. When an addition to an R-3 occupancy is less than 1,000 square feet in size and when an addition to all other occupancies is less than 500 square feet in size, no sprinklers are required in either the addition or the existing building.

2. When specifically exempted by the Fire Code Official.

3. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling.

C. Car Stackers. Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to the current edition of NFPA 13. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard

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shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.

The area of application may be reduced from the required 2,500 sq. ft. to as low as 1,500 sq. ft. if:

1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls;

2. The car stacker areas are divided up into 1,500 sq. ft. areas via 1-hour fire rated walls; and

3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.

One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.

Sec. 8-1.14. Amendments: Section 1507.8 ("Wood shingles").

Section 1507.8 of the California Building Code is hereby amended to read as follows:
1507.8 Wood shingles. The use of wood shingles for roofs on new construction is prohibited. Existing wood shingle roofs may be recovered or repaired by using fire retardant treated shingles. Additions or alterations to existing structures may have wood shingles roofs of fire retardant treated shingles if the existing roof covering is of wood shingle construction.

Sec. 8-1.15. Amendments: Section 1507.9 ("Wood Shakes").

Section 1507.9 is hereby added to the California Building Code to read as follows:
1507.9 Wood Shakes. The use of wood shakes for roofs on new construction is prohibited. Existing wood shake roofs may be recovered or repaired by using fire retardant treated shakes. Additions or alterations to existing structures may have wood shake roofs of fire retardant treated shakes if the existing roof covering is of wood shake construction.

Section 8-1.16 – Amendments: Section 1803 (“Geotechnical Investigations”) Section 1803.5.13 is hereby added to the California Building Code to read as follows:
1803.13 Investigation of Off-site Conditions.

The following requirements shall apply to any site located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica:

1. A registered design professional shall evaluate potential off-site geotechnical hazards, including but not limited to those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.

2. When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable.

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3. The building official shall not issue a building permit until any project design feature(s) identified by the evaluation required in this subsection has or have been incorporated into the project plans.

4. The evaluation required in this subsection shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publiclyaccessible areas in the vicinity of the project site, including but not limited to public rights-of-way and public open spaces. This subsection shall not require or authorize entry onto neighboring properties for any purpose, including but not limited to obtaining soil borings.

5. The registered design professional may seek a waiver from the requirements of this subsection to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project. The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of this Code, and no other less-costly feature can be incorporated into the project design to reduce the identified hazard(s).

The requirements of this subsection shall be supplementary to and shall not replace or substitute for any other geotechnical investigation or geohazard investigation required by this Code or any other provision of law. Except, however, when another provision of this Code may provide for waiver or exemption from geotechnical investigation, the provisions of this subsection shall still apply.

Sec. 8-1.17. Amendments: Appendix J, Section J103.1 ("Permits Required").

Section J103.1 of Appendix J of the California Building Code shall be amended to read as follows:

J103.1 Permits Required.
(a) Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. (b) No grading, excavating or filling shall be conducted between the hours of 6:00 p.m. and 7:00 a.m. of any day, or on Saturday or Sunday at any time, without the prior approval of the Building Official. The Building Official shall notify the Department of Police whenever such approval has been granted.
(c) The period between October 1 and April 30, inclusive, is hereby determined to be the period in which heavy rainfall normally occurs in the City of Pacifica. No grading, excavating or filling requiring a grading permit pursuant to Appendix J of the California Building Code as herein amended shall be authorized by the Building Official during that period unless he or she determines in writing that such work will not endanger the public health or safety and that appropriate erosion control devices or methods will be provided.

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(d) Any grading, excavating or filling which requires a grading permit and, having been granted said permit, either begins during or extends into the period between October 1 and April 30, inclusive, shall be protected by temporary devices to prevent erosion.

Proposed erosion control devices or methods shall be submitted with the grading plans to the Building Official and approval of both the grading plan and the erosion control devices and methods must be obtained not later than September 30. All such approved erosion control devices or methods shall be installed not later than October 1 for previously approved ongoing earthwork operations. For earthwork operations approved by the Building Official to start between October 1 and April 30, inclusive, all approved erosion control devices must be in place before earthwork activities may commence.
(e) When determined by the Building Official that a bond is required in order to insure that the work will be completed in accordance with the approved plans, specifications and conditions of approval, due to the nature, location, time of year or amount of work to be done, such bond shall be in conformance with City of Pacifica Administrative Policy No. 48. Surety bonds, cash bonds, instruments of credit or other forms of security shall comply with the provisions of City of Pacifica Administrative Policy No. 48." Section 6. Repeal of Chapter 2 of Title 8. Chapter 2 (“Mechanical Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 7. Adoption of Chapter 2 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 2 to read as follows:
“CHAPTER 2

MECHANICAL CODE
Section 8-2.01 – Adoption of the California Mechanical Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 17, including Appendix G (“Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design”) of that certain Code designated as the California Mechanical Code, 2022 Edition [Title 24, California Code of Regulations, Part 4], which incorporates and amends the 2021 Edition of the Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Mechanical Code for the City.”
Section 8. Repeal of Chapter 3 of Title 8. Chapter 3 (“Plumbing Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil,

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or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 9. Adoption of Chapter 3 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 3 to read as follows:
“CHAPTER 3

PLUMBING CODE
Section 8-3.01 – Adoption of the California Plumbing Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 17 including Appendix A ("Recommended Rules for Sizing the Water Supply System), Appendix B ("Explanatory Notes on Combination Waste and Vent Systems"), Appendix C ("Alternate Plumbing Systems"), Appendix D ("Sizing Storm Water Drainage Systems"), Appendix E ("Manufactured/Mobile Home Parks and Recreational Vehicle Parks"), Appendix G ("Sizing of Venting Systems"), Appendix I ("Installation Standards "), Appendix J ("Combination of Indoor and Outdoor Combustion and Ventilation Opening Design"), Appendix K ("Potable Rainwater Catchment Systems") of that certain code designated as the California Plumbing Code, 2022 Edition [Title 24, California Code of Regulations, Part 5], which incorporates and amends the 2021 Edition of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Plumbing Code for the City.

Section 8-3.02 – Amendments: Section 719.0 (“Cleanouts”) Section 719.7 is hereby added to the California Plumbing Code to read as follows:
719.7 Cleanouts. When a main sewer is located in the street, alley, or easement, there shall be provided a cleanout within the City right-of-way at the property line. The riser shall be of cast iron, the same size as the drain served, brought up to grade level by a wye and branch fitting, and the top of same shall be provided with a regulation cleanout of four inch (4”) minimum size within a sidewalk box, with removable cover.

Section 10. Repeal of Chapter 4 of Title 8. Chapter 4 (“Electrical Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 11. Adoption of Chapter 4 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 4 to read as follows:

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“CHAPTER 4

ELECTRICAL CODE
Section 8-4.01 – Adoption of the California Electrical Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 9, including Article 89, of that certain Code designated as the California Electrical Code, 2022 Edition [Title 24, California Code of Regulations, Part 3], which incorporates and amends the 2020 Edition of the National Electrical Code published by the National Fire Protection Association and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Electrical Code for the City.

Sec. 8-4.02. Amendments: Section 89.108.4 ("Permits, Fees, Applications and Inspections").

Section 89.108.4.1 of the California Electrical Code is hereby amended in its entirety to read as follows:

89.108.4.1 Permits.
(a) Except as exempted in paragraph (b) of this subsection, a written construction permit shall be obtained from the enforcing agency prior to the erection, construction, reconstruction, installation, movement, or alteration of any electrical system. (b) Consistent with the requirements of Section 17960 of the Health and Safety Code, the local enforcing agency shall enforce the requirements of this Code, but shall exempt the following activities from a permit or inspection.
(1) Listed cord and plug connected temporary decorative lighting. (2) Reinstallation of attachment plug receptacles, but not the outlets therefore. (3) Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.
(4) Installation or maintenance of communication wiring, devices, appliances, apparatus or equipment.
(5) The ordinary care and maintenance of an established installation of electrical equipment by the owner, operator, or user thereof shall not require an electrical permit, except that ordinary care and maintenance shall not be construed as including additions to such installations or other work, such as the repair or replacement of any electrical wiring, appliance, or apparatus which is a fixed part of such installation. The replacement of lamps and fuses and plug-in apparatus and the repair of plug-in apparatus and similar work shall be construed as ordinary care and maintenance
Exemptions from permit and inspection requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any other provision of law or this Code.

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Sec. 8-4.03. Amendments: Section 300.9 ("Raceways in Wet Locations Above Grade").

Section 300.9 of the California Electrical Code is hereby amended in its entirety to read as follows:
300.9 Raceways in Wet Locations Abovegrade. Where raceways are installed in wet locations above grade, the interior of these raceways shall be considered to be a wet location. Insulated conductors and cables installed in raceways in wet locations abovegrade shall comply with 310.10(C). Raceways exposed to the elements shall be of rigid galvanized, aluminum or rigid nonmetallic conduit.

Sec. 8-4.04. Streamlined permitting process for small residential rooftop solar energy systems. (a) Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process that complies with the 1978 California Solar Rights Act and AB 2188 (Chapter 521, Statutes of 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety. (b) Definitions.
(1) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code. (2) Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, or as otherwise defined in Section 4080 of the Civil Code.
(3) City means the City of Pacifica.
(4) Common interest development means any of the following:
(i) A community apartment project; or
(ii) A condominium project; or
(iii) A planned development; or
(iv) A stock cooperative.
(5) Electronic submittal means the utilization of one or more of the following:
(i) Email; or
(ii) The Internet.
(6) Reasonable restrictions on a solar energy system means those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

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(7) Small residential rooftop solar energy system means all of the following:
(i) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
(ii) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code.
(iii) A solar energy system that is installed on a single-family or duplex-family dwelling.
(iv) A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
(8) Solar energy system means either of the following, as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code:
(i) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (ii) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (9) Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(c) Applicability. This section applies to the permitting of all small residential rooftop solar energy systems in the City of Pacifica. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system in such a way as to require a new permit. Routine operation and maintenance shall not require a permit.
(d) Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City, and the North County Fire Authority.
(1) Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing Code and California Mechanical Code.
(2) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e) Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City website and elsewhere as deemed appropriate by the Building Official.

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(1) An applicant may submit a permit application and associated documents for a small residential rooftop solar energy system by electronic submittal. As an alternative, an applicant may submit a permit application and associated documents at the Building Division counter during regular business hours.
(2) An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.
(3) The City shall adopt a checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. (4) The small residential rooftop solar energy system permit process, standard plans, and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans, contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(5) An application to install a solar energy system shall include a reference to the requirement to notify the appropriate regional notification center of an excavator’s intent to excavate, pursuant to Article 2 (commencing with Section 4216) of Chapter

3.1 of Division 5 of Title 1 of the California Government Code, before conducting an excavation, including, but not limited to, installing a grounding rod. (b) Plan review, permit, and inspection requirements. The Building Division shall provide a ministerial, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the enactment of this section.
(1) The Building Division shall process, review, and approve an application for the installation or use of a small residential rooftop solar energy system in the same manner as an application for review of an architectural modification to the property, and approval shall not be willfully avoided or delayed. (2) The Building Official's review of an application subject to this section shall be limited to whether it meets all health and safety requirements of local, state, and federal law.

The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. However, if the Building Official, in consultation with the Planning Director, makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the City may require the applicant to apply for a use permit pursuant to the provisions of Article 33 of Chapter 4 of Title 9 of the Pacifica Municipal Code.
(i) The decision to require a use permit may be appealed to the Planning Commission.
(ii) The Planning Commission may not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the bases for the rejection of potential feasible alternatives of preventing the adverse impact.

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(iii) Any conditions imposed on an approval of a use permit to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
(3) An application for a small residential rooftop solar energy system that satisfies the information requirements in the checklist described in Section 8-4.04(e)(3), as determined by the City, shall be deemed complete.
(4) Upon confirmation by the City that an application is complete, the City shall, consistent with this section and subdivision (b) of Government Code Section 65850.5, approve the application and issue all required permits or authorizations. (5) The City shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association.
(6) If the City deems an application incomplete, the City shall issue to the applicant a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. (7) If an application for the installation of a small residential rooftop solar energy system is not denied in writing within forty-five (45) days from the date of receipt of the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
(8) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review, which inspection shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, and the subsequent inspection need not conform to the requirements of this section.
(9) A separate fire inspection may be performed by the North County Fire Authority, if required, in the event the City does not have an agreement with the Fire Authority to conduct fire safety inspections on its behalf.”
Section 12. Repeal of Chapter 5 of Title 8. Chapter 5 (“2018 International Property Maintenance Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 13. Adoption of Chapter 5 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 5 to read as follows:
“CHAPTER 5
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 8-5.01 – Adoption of the 2021 International Property Maintenance Code.

For the purpose to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises, existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein, Chapters 1 through 8, including Appendix A (“Boarding Standard”) of that certain code designated as the International Property Maintenance Code, 2021 Edition published by the International Code Council, which is on file in

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the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Property Maintenance Code for the City.”
Section 8-5.02 – Amendments: Section 101.1 (“Title”)
Section 101.1 of the International Property Maintenance Code is hereby amended to read as follows:
101.1 Title.
(a) These regulations shall be known as the International Property Maintenance Code of the City of Pacifica, hereinafter referred to as “this code.” Section 14. Repeal of Chapter 6 of Title 8. Chapter 6 (“Energy Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 15. Adoption of Chapter 6 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 6 to read as follows:
“CHAPTER 6

ENERGY CODE
Sec. 8-6.01 – Adoption of the California Energy Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, the California Energy Code, 2022 Edition [Title 24, California Code of Regulations, Part 6], including Appendices 1-A and 1-B, published by the California Energy Commission and as adopted and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Energy Code for the City.

Section 16. Repeal of Chapter 7 of Title 8. Chapter 7 (“Green Building Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

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Section 17. Adoption of Chapter 7 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 7 to read as follows:
“CHAPTER 7

GREEN BUILDING STANDARDS CODE
Sec. 8-7.01 – Adoption of the California Green Building Standards Code For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, conservation of building materials, waste management and sustainability for all buildings and structures in the City of Pacifica, Chapters 1 through 8 of that certain code designated as the California Green Building Standards Code, 2022 Edition [Title 24, California Code of Regulations, Part 11], as adopted by the California Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Green Building Standards Code for the City.

Sec. 8-7.02 - Amendments: Section 202 (“Definitions”)
Section 202 of the California Green Building Standards Code is hereby amended to add the following definitions:

AFFORDABLE HOUSING UNITS. A dwelling unit that is offered for rent or purchase at or below a rent or sales price that is affordable to 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. Any such dwelling unit shall remain affordable for lower income households for at least 45 years from the date of initial occupancy pursuant to a legal agreement approved as to form by the City Attorney which shall be in the form of affordable housing covenants, deed restrictions, covenants and/or resale restriction and refinance limitation agreements.

ALL ELECTRIC BUILDING. A building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for all purposes, including but not limited to space conditioning (including heating), water heating, pool and spa systems, and appliances (including cooking appliances and clothes drying appliances). An All Electric Building may include solar thermal pool heating.

LEVEL 1 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring; b. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere; and
c. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

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LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING STATION (EVCS). A parking space that meets all requirements of a Level 2 EV Ready parking space and also includes the installation of Electric Vehicle Supply Equipment.

LEVEL 2 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring; and b. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring; b. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere; and
c. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

NEW CONSTRUCTION BUILDING. A building constructed pursuant to a building permit issued on or after January 1, 2023.

Sec. 8-7.03 - Amendments: Section 4.106 (“Site Development”) Section 4.106.4.1 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:

Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install one Level 2 EV Ready circuit and one Level 1 EV Ready circuit. The receptacle associated with each space shall be located on the exterior of the private garage and within five feet of the garage door or other opening used to access the private garage.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

Section 4.106.4.2 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:

Section 4.106.4.2 New multifamily dwellings. When parking is provided, parking spaces for new multifamily dwellings shall include a quantity of Level 2 EVCS equal to or greater than 15 percent of dwelling units with parking spaces and Low Power Level 2 EV Charging Receptacles equal to or greater than 85 percent of dwelling units with parking spaces.

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Exception. Any dwelling unit meeting the definition of an Affordable Housing Unit may, at the applicant’s sole discretion, be excluded from the calculation of dwelling units that are subject to the EV parking requirements in this section.

Section 4.106.4.2.1 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Sec. 8-7.04 - Amendments: Section 4.106 (“Site Development”) Section 4.106 of the California Green Building Standards Code is hereby amended to add the following sections:

Section 4.106.5 All Electric Buildings. All New Construction Buildings shall meet the definition of All Electric Building as defined in Section 202. Any building required pursuant to this Code to be an All Electric Building shall not be permitted at any time to convert or construct improvements to use other fuel sources, other than electricity, for purposes of cooking, space conditioning, water heating, lighting, pool and spa systems, and appliances, or any other purpose, unless authorized by the Building Official pursuant to Section 5.106.13.

Sec. 8-7.05 - Amendments: Section 4.304.1 (“Outdoor potable water use in landscape areas”) Section 4.304.1 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:

4.304.1 Outdoor potable water use in landscape areas.

Residential developments using outdoor potable water in landscape areas shall comply with one of the following options:

1. The current California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO); or

2. Projects with aggregate landscape areas less than 2,500 square feet may comply with the MWELO’s Appendix D Prescriptive Compliance Option.

Sec. 8-7.06 - Amendments: Section 5.106 (“Site Development”) Section 5.106.5.3 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:

Section 5.106.5.3.1 Electric Vehicle (EV) Charging for New Construction. When parking is provided, parking spaces for nonresidential uses shall be provided in accordance with Sections

5.106.5.3.1.1 through 5.106.5.3.1.4.

Section 5.106.5.3.1.1 Offices. Level 2 EVCS: 20 percent of off-street parking spaces, and Level 2 EV Ready: 30 percent of off-street parking spaces.

Section 5.106.5.3.1.2 Public Parking Lots. Level 2 EVCS: 15 percent of off-street parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.

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Section 5.106.5.3.1.3 Overnight Accommodations. Level 2 EVCS: 30 percent of off-street parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.

Section 5.106.5.3.1.4 All Other. Level 2 EVCS: 10 percent of off-street parking spaces, and Level 2 EV Ready: 10 percent of off-street parking spaces.

Section 5.106.5.3.2. Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

Section 5.106.5.3.3 Accessible EVCS. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11 B, Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Section 5.106.5.4 of the California Green Building Standards Code is hereby deleted.

Section 5.106 of the California Green Building Standards Code is hereby amended to add the following section:

Section 5.106.13 All Electric Buildings. All New Construction Buildings shall meet the definition of All Electric Building as defined in Section 202. Any building required pursuant to this Code to be an All Electric Building shall not be permitted at any time to convert or construct improvements to use other fuel sources, other than electricity, for purposes of space conditioning, water heating, lighting, pool and spa systems, and appliances.

Exception. New Construction Buildings containing a for-profit restaurant open to the public may be approved for an exception to install gas-fueled cooking appliances, as determined appropriate in the discretion of the Building Official. This request must be based on a business-related reason to cook with a flame that cannot be reasonably achieved with an electric fuel source. Examples include barbeque-themed restaurants and pizza ovens. The Building Official's decision shall be final unless the applicant files a timely appeal.

The Building Official shall grant this exception only if all of the following findings can be made based on substantial evidence:

1.There is a business-related reason to cook with a flame;

2.This need cannot be reasonably achieved with an electric fuel source;

3.The applicant has employed reasonable methods to mitigate the greenhouse gas impacts of the gas-fueled appliance;

4.The applicant shall comply with the pre-wiring provision of Note 1 below.

Note 1: If natural gas appliances are used, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the

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following:

1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;

2. Both ends of the unused conductor or conduit shall be labeled with the words "For Future Electric Appliance" and be electrically isolated;

3. A reserved circuit breaker space shall be installed in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled for each circuit, an example is as follows (i.e. "For Future Electric Range;") and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

Note 2: If an exception is granted, the Building Official shall approve alternative materials, design and methods of construction or equipment per Building Code Section 104.

Sec. 8-7.07. Section 8-7.07 (“Streamlined permitting process for electric vehicle charging systems”) is hereby added to read as follows:
(a) Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with Assembly Bill 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7) and Assembly Bill 970 (Chapter 710, Statutes 2021, Cal. Gov’t Code §§ 65850.7 & 65851.71) to achieve timely and costly-effective installations of electric vehicle charging stations. The ordinance encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City of Pacifica (“City”), and expanding the ability of property owners to install electric vehicle charging stations. The ordinance allows the City of Pacifica to achieve these goals while protecting the public health and safety. (b) Definitions.
(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
(2) "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

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(3) "Electronic submittal" means the utilization of the City's online building permit web portal.
(4) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(c) City building permit required.
(1) A City building permit is required to install an electric vehicle charging station.
(2) An application for a City building permit to install an electric vehicle charging station shall be processed in accordance with Government Code Sections 65850.7 and 65850.71.
(d) Review of applications. The following expedited, permitting process applies to applications for a building permit to install an electric vehicle charging station:
(1) Application. The City will make the following available on the City's website:
the City's standard building permit application form; and the City's standard electric vehicle charging station plan form and checklist. The checklist will include all requirements that an electric vehicle charging station must meet to be eligible for review and approval under this section. An application to install an electric vehicle charging station may be submitted electronically.

A building permit application will be deemed complete if the Building Official determines that the application includes all of the information and documents required by the standard application form, the standard plan form, and the standard checklist, and is consistent with all applicable laws and health and safety standards. If an application is deemed incomplete, the Building Official will notify the applicant in writing of the additional information needed to complete the application. After an application is deemed complete, the Building Official will perform an expedited review of the application and all submittals.
(2) Application review.
(A) The City shall administratively review and approve an application to install an electric vehicle charging station through the issuance of a building permit. Review of an application to install an electric vehicle charging station shall be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. (B) If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the Building Official may require

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the applicant to apply for a use permit as provided in Article 33 of Chapter 4 of Title 9 of the Pacifica Municipal Code. The decision of the Building Official to require approval of a use permit prior to issuance of a building permit may be appealed to the Planning Commission pursuant to the provisions in Section 9-4.3804 of the Pacifica Municipal Code. (C) The City may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(D) The City shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. (E) An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in subsection (iii) has elapsed, both of the following are true:
(i) The Building Official has not deemed the application complete, consistent with the checklist created by the City, pursuant to subdivision (g) of Section 65850.7 of the Government Code.
(ii) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Section 65850.7 of the Government Code. (iii) For purposes of subsection (E), “applicable time period means” either of the following:
(1) Five business days after submission of the application to the City, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. (2) Ten business days after submission of the application to the City, if the application is for more than 25 electric vehicle charging stations at a single site.
(3) Permit issuance. A building permit will be issued following the Building Official's approval of an application for an electric vehicle charging station and after all required fees have been paid.

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(A) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (2) has elapsed and all of the following are true:
(i) The Building Official has not administratively approved the application pursuant to subdivision (b) of Section 65850.7 of the Government Code.
(ii) The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to subdivision (b) of Section 65850.7 of the Government Code.
(iii) The Building Official has not denied the permit pursuant to subdivision (c) of Section 65850.7 of the Government Code. (iv) An appeal has not been made to the Planning Commission, pursuant to subdivision (d) of Section 65850.7 of the Government Code. (4) Inspection and authorization to operate. As soon as practicable after the applicant notifies the Building Official that an electric vehicle charging station has been installed, the Building Official will inspect the system to verify compliance with the building permit. If the Building Official determines that a system was not installed in compliance with a building permit, the Building Official will notify the permittee of the actions needed to comply with the building permit and will conduct additional inspections as necessary. No electric vehicle charging station may be operated unless the Building Official verifies in writing that it complies with the building permit. (e) Electric vehicle charging station installation requirements. (1) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.
(2) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
(3) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the

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manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(5) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
(f) Requirements cumulative. The requirements of this chapter are in addition to any other applicable requirements of this Code, and any requirements of a utility provider, that must be satisfied before an electric vehicle charging station may be installed or operated.”
Section 18. Repeal of Chapter 7.5 of Title 8. Chapter 7.5 (“Residential Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 19. Adoption of Chapter 7.5 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 7.5 to read as follows:
“CHAPTER 7.5

RESIDENTIAL CODE
Sec. 8-7.5.01 – Adoption of the California Residential Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 10, including, Appendix AH ("Patio Covers"), Appendix AJ ("Existing Buildings and Structures"), Appendix AK (“Sound Transmission”), Appendix AQ (“Tiny Homes”), Appendix AX (“Swimming Pool Safety Act”), and Appendix AZ (“Emergency Housing”) of that certain code designated as the California Residential Code, 2022 Edition [Title 24, California Code of Regulations, Part 2.5], which incorporates and amends the 2021 Edition of International Residential Code as published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Residential Code for the City.

Sec. 8-7.5.02. Amendments: Section R101.1 ("Title").

Section R101.1 of the California Residential Code is hereby amended to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code of the City of Pacifica, hereafter referred to as "this Code."

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Sec. 8-7.5.03. Amendments: Section R105.3 ("Application for permit).

Section R105.3.3 of the California Residential Code is hereby added to read as follows:

R105.3.3 Improvements required prior to the issuance of building permits and exceptions.

The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.

Exceptions:
(1) When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may deem it feasible.
(2) Sidewalks shall not be required prior to the issuance of a building permit for the construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.

Sec. 8-7.5.04. Amendments: Section R105.6 ("Suspension or revocation").

Section R105.6 of the California Residential Code is hereby amended in its entirety and shall read as follows:

R105.6 - Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.

The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.

Sec. 8-7.5.05. Amendments: Section R105.10 ("Permits: Hours of Construction").

Section R105.10 of the California Residential Code is hereby added to read as follows:

R105.10 Hours of Construction. The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.

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Sec. 8-7.5.06. Amendments: Section R108.2 ("Fees: Schedule of Permit Fees").

Section R108.2 of the California Residential Code is hereby amended in its entirety to read as follows:

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, fees and charges for each permit shall be assessed and paid as required, in accordance with the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2.

Sec. 8-7.5.07. Amendments: Section R108.6 ("Work commencing before permit issuance").

Section R108.6 of the California Residential Code is hereby amended in its entirety to read as follows:

R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued.

Sec. 8-7.5.08. Amendments: Section R110.3.1 ("Certificate of occupancy: certificate issued:
improvements prior to occupancy of structures and utility service exceptions").

Section R110.3.1 of the California Residential Code is hereby added to read as follows:

R110.3.1 Improvements prior to occupancy of structures and utility service exceptions. (a) No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section R105.3.3 have been installed and approved by the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including but not limited to any applicable conditions of approval imposed on the project by approval of a discretionary permit.
(b) When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to insure completion shall be posted for the completion of the required improvements.

Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.

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Sec. 8-7.5.09. – Amendments: Section R111.4 (“Service Utilities: Underground Utilities”) Section R111.4 is hereby added to the California Residential Code to read as follows:

Section R111.4 – Underground Utilities.

R111.4.1 – Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City’s authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.

R111.4.2 – Undergrounding Requirements.
(a) Persons constructing any structure subject to this Code shall underground all utility lines as follows:
(i) All on-site utility lines must be placed underground; (ii) All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and
(iii) If any utility lines are being upgraded, the upgraded portions as well as the pre-existing lines shall be placed underground.
(b) Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:
(i) The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;
(ii) The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or
(iii) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines.

R111.4.3 – Undergrounding Standards.
(a) All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met. (b) In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City,

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county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.

Sec. 8-7.5.10. Amendments: Section R112 ("Board of Appeals").

Section R112.1 of the California Residential Code is hereby amended in its entirety to read as follows:

R112.1 Appeal Procedure. Any person who is aggrieved by an order, decision or determination of the Building Official as provided in Section R112.1 may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding. Appeals shall be heard as follows:
(a) Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.
(b) At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. (c) Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding. (d) If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.

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Sec. 8-7.5.11. Amendments: Section R113.1 ("Violations").

Section R113.1 of the California Residential Code is hereby amended in its entirety to read as follows:

R113.1 Unlawful acts. Irrespective of whether a notice of violation has been issued pursuant to Section R113.2 of this Code, it shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.

R113.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.

Sec. 8-7.5.12. Amendments: Section R113.4 ("Violations penalties").

Section R113.4 of the California Residential Code is hereby amended in its entirety to read as follows:

R113.4 Violation penalties. Any person, firm or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.

Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.

Sec. 8-7.5.13. Amendments: Section R115 ("Procedure for Legalizing Unpermitted Structures").

Section R115 of the California Residential Code is added to read as follows:

R115 Procedure for Legalizing Unpermitted Structures.

R115.1 Permits. Any person who wishes to legalize an "unpermitted structure" (as this term is defined in Sections R113.1.1 of this Code), shall obtain all applicable permits.

Unpermitted structures shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized.

R115.2 Plans.

R115.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval.

R115.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing

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unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.

R115.3 Inspections.

R115.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.

R115.4 Investigation Fees.

R115.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.

R115.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section R108.4.2 of this chapter.

The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law.

R115.5 Unpermitted Structures Which Cannot be Legalized.

If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

Sec. 8-7.5.14. Amendments: Section R313.1. ("Townhouse automatic fire sprinkler systems") Section R313.1 of the California Residential Code is amended in its entirety to read as follows:

R313.1 Townhouse automatic fire sprinkler systems.

1. An automatic residential fire sprinkler system shall be installed in Townhouses.

2. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.

Exception.

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1. When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.

Section R313.1.1 Design and installation.

Automatic fire sprinkler systems for townhouses shall be designed and installed in accordance with Section R313 or NFPA 13D.

Sec. 8-7.5.15. Amendments: Section 313.2 One- and two-family dwellings automatic fire sprinkler systems.

Section R313.2 of the California Residential Code is amended in its entirety to read as follows:

R313.2 One- and two-family dwelling automatic sprinkler systems.

1. An automatic sprinkler system shall be installed in all new one-and two-family dwellings.

2. Existing one- and two-family dwellings. An automatic sprinkler system shall be installed when an addition is added to the building.

Exception 1: When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.

Exception 2: The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling, including any addition solely for purposes of accessory dwelling unit construction.

Section 8-7.5.16 – Amendments: Section R401.4 (“Soil Tests”) Section R401.4.3 is hereby added to the California Residential Code to read as follows:

R401.4.3 Investigation of Off-site Conditions.

The following requirements shall apply to any site located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica:

1. A registered design professional shall evaluate potential off-site geotechnical hazards, including but not limited to those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.

2. When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable.

3. The building official shall not issue a building permit until any project design feature(s) identified by the evaluation required in this subsection has or have been incorporated into the project plans.

4. The evaluation required in this subsection shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publiclyaccessible areas in the vicinity of the project site, including but not limited to public

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rights-of-way and public open spaces. This subsection shall not require or authorize entry onto neighboring properties for any purpose, including but not limited to obtaining soil borings.

5. The registered design professional may seek a waiver from the requirement of this subsection to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project. The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of this Code, and no other less-costly feature can be incorporated into the project design to reduce the identified hazard(s).

The requirements of this subsection shall be supplementary to and shall not replace or substitute for any other geotechnical investigation or geohazard investigation required by this Code or any other provision of law. Except, however, when another provision of this Code may provide for waiver or exemption from geotechnical investigation, the provisions of this subsection shall still apply.”
Section 20. Repeal of Chapter 8 of Title 8. Chapter 8 (“Historical Buildings Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 21. Adoption of Chapter 8 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 8 to read as follows:
“CHAPTER 8

HISTORICAL BUILDING CODE
Sec. 8-8.01 – Adoption of the California Historical Building Code For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all historical buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Historical Building Code, 2022 Edition [Title 24, California Code of Regulations, Part 8].”
Section 22. Repeal of Chapter 8.5 of Title 8. Chapter 8 (“Existing Buildings Code”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

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Section 23. Adoption of Chapter 8.5 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 8.5 to read as follows:
“CHAPTER 8.5

EXISTING BUILDING CODE
Sec. 8-8.5.01 – Adoption of the California Existing Building Code For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all existing buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Existing Building Code, 2022 Edition [Title 24, California Code of Regulations, Part 10].”
Section 24. Repeal of Chapter 9 of Title 8. Chapter 9 (“Reference Standards”) of Title 8 (“Building Regulations”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 25. Adoption of Chapter 9 of Title 8. Title 8 of the Pacifica Municipal Code is hereby amended to add Chapter 9 to read as follows:
“CHAPTER 9

REFERENCED STANDARDS CODE
Sec 8-9.01 – Adoption of the California Referenced Standards Code For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Reference Standards Code 2022 Edition [CCR Title 24, California Code of Regulations, Part 12].”
Section 26. Repeal of Article 1 of Chapter 3 of Title 4. Article 1 (“Fire Code”) of Chapter 3 (“Fire Protection”) of Title 4 (“Public Safety”) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impeded, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.

Section 27. Adoption of Article 1 of Chapter 3 of Title 4. Chapter 3 of Title 4 of the Pacifica Municipal Code is hereby amended to add Article 1 as follows:
“ARTICLE 1

FIRE CODE
Sec. 4-3.101 – Adoption of the California Fire Code
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal,

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demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, the California Fire Code, 2022 Edition [Title 24, California Code of Regulations, Part 9], published by the International Code Council, including Appendix B ("Fire-Flow Requirements for Buildings"), Appendix C ("Fire Hydrant Locations and Distribution"), Appendix D ("Fire Apparatus Access Roads"), Appendix F ("Hazard Ranking"), and Appendix L ("Requirements for Fire Fighter Air Replenishment Systems") and as adopted and as may be amended by the Building Standards Commission, which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as Fire Code for the City of Pacifica.

Sec. 4-3.102. Establishment and duties of the Fire Prevention Services Division.

The California Fire Code shall be enforced by the Fire Prevention Services Division in the Fire Department of the City, which Division is hereby established and which shall be operated under the supervision of the Fire Chief.

The Fire Marshal in charge of the Fire Prevention Services Division shall be appointed in accordance with the provisions of Article 4 of Chapter 5 of Title 2 of this Code and Council Resolution No. 82-69.

The Fire Chief may detail such members of the Fire Department as shall from time to time be necessary.

Sec. 4-3.103. Amendments: Section 105.1.1 ("Permits required").

Section 105.1.1 of the California Fire Code is amended by adding the following paragraph at the end of the section:

The City Council of the City of Pacifica may establish by resolution permit fees in connection with any permit required or authorized to be issued by the Fire Chief or any other authorized representative of the Fire Department.

Sec. 4-3.104. Amendments: Section 105.5 ("Required operational permits").

Section 105.5 of the California Fire Code is amended by adding the following two sections at the end of the section to read as follows:
105.5.55 Institutions and day care. An operational permit is required to operate any and all occupancies that are set forth under Group I Occupancies, and Group E Occupancy of Title 24 of the California Code of Regulations, each accommodating more than six people.
105.5.56 Residential care facility. An operational permit is required to operate a residential care/assisted living facility as set forth under Group R, Division 4 Occupancies.

Sec. 4-3.105. Amendments: Section 202 ("General Definitions").

Section 202 is amended to amend the following definitions that read as follows:
202 General Definitions.

FIRE CODE OFFICIAL. The Fire Marshal of the City of Pacifica.

JURISDICTION. The City of Pacifica.

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Sec. 4-3.106. Amendments: Section 505.1 (“Address identification”).

Section 505.1 of the California Fire Code is amended by adding the following at the end of the section:

Said numbers shall be internally or externally illuminated in all new construction, or when alterations or repairs of existing construction occur.

The size and location of address numbers for multi-family dwellings and all other occupancies shall be as designated by the Fire Marshal.

Sec. 4-3.107. Amendments: Section 507 (“Fire Protection Water Supplies”).

Section 507.5.7 is added to the California Fire Code read as follows:
507.5.7 Hydrants. All new fire hydrants shall be UL listed, or equivalent, wet barrel type having a minimum of two 2 ½" and one 4 ½" outlets, all equipped with national standard threads (Clow 860, or approved equivalent). The minimum fire service main size permitted is six inch (6").

Sec. 4-3.108. Amendments: Section 509 ("Fire Protection and Utility Equipment Identification and Access").

Section 509.1.2 is added to the California Fire Code read as follows:
509.1.2 Utility Identification in Multi-Family Tenant Buildings. Utility markings of all gas and electric utility services in multi-family tenant buildings shall be visibly and legibly marked with the unit identification.

Sec. 4-3.109. Amendments: Section 903.2 ("Where required").

Section 903.2 of the California Fire Code is amended in its entirety to read as follows:
903.2 Required Installations.

A. Newly Constructed Buildings and Structures. An automatic fire sprinkler system shall be installed in all new occupancies and locations.

Exception. Detached U occupancies not exceeding 1,000 square feet in size, when accessory to an R-3 dwelling.

B. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.

Exceptions:

1. When an addition to an R-3 occupancy is less than 1,000 square feet in size and when an addition to all other occupancies is less than 500 square feet in size, no sprinklers are required in either the addition or the existing building.

2. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling, including any addition solely for purposes of accessory dwelling unit construction.

3. When specifically exempted by the Fire Code Official.

C. Car Stackers. Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to the current edition of NFPA 13. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard

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shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.

The area of application may be reduced from the required 2,500 sq. ft. to as low as 1,500 sq. ft. if:

1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls;

2. The car stacker areas are divided up into 1,500 sq. ft. areas via 1-hour fire rated walls; and

3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.

One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.

Sec. 4-3.110. Amendments: Section 903.4.2 ("Alarms").

Section 903.4.2 of the California Fire Code is amended by added the following to the end of the paragraph:

In addition to the audible device(s) required by this section, an approved strobe light shall be located on the exterior of the building in an approved location.

Sec. 4-3.111. Amendments: Section 904.2.2 ("Commercial hood and duct systems").

Section 904.2.2 of the California Fire Code is amended by added the following to the end of the paragraph:

The location(s) of all cooking appliances that are protected by an approved automatic fire extinguishing system shall be permanently identified either by a wall mounted approved appliance floor plan or marked on the floor in a manner approved by the Fire Marshal.

Sec. 4-3.112. Amendments: Section 907.7.3 ("Instructions").

Section 907.7.3 of the California Fire Code is amended by adding the following paragraph at the end:

Each fire alarm system shall have posted at the main control panel instructions for silencing and resetting the system, the day and night phone numbers of the person responsible for the property, and the company or individual providing maintenance services for the alarm system.

Sec. 4-3.113. Amendments: Section 907.8.1 ("Maintenance required").

Section 907.8.1 of the California Fire Code is amended by adding the following paragraph at the end:

Owners and operators of group R-1 occupancies shall provide documentation to the Fire Department, such as annual inspection forms, which confirm that all smoke detection devices and equipment within apartment units are installed and are in good operating condition.

Sec. 4-3.114. Amendments: Section 914.3 ("High-rise buildings").

Section 914.3.9 is added to the California Fire Code to read as follows:

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Section 914.3.9 Firefighter Breathing Air Replenishment. All Group B and Group R occupancies, each having floors used for human occupancy located more than seventyfive feet (75') above the lowest level of Fire Department vehicular access, shall be equipped with an approved Firefighter Breathing Air Replenishment System as outlined in Appendix L. Such a system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by Fire Department, rescue, and other personnel in the performance of their duties.

Location and specifications of access stations to, and the installation of, such air replenishment systems shall be made in accordance with the requirements of the Fire Chief.

Sec. 4-3.115. Amendments: Section 5608 ("Fireworks display").

Section 5608.1 of the California Fire Code is amended by adding the following paragraph at the end:

The sale and discharge of safe and sane fireworks is permitted only as provided in the Pacifica Municipal Code.

Section 5608.1.2 is hereby added to the California Fire Code to read as follows:
5608.1.2 Dangerous Fireworks Prohibited. Except as hereinafter provided, it shall be unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except those designated as "safe and sane" and approved by the State Fire Marshal. No person under the age of eighteen (18) shall be permitted to purchase or sell "safe and sane" fireworks. The Fire Chief shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, or other organization or for the use of fireworks by artisans in the pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged, or fired so as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or endanger any person, and shall be in accordance with Chapter 33 of said California Fire Code.

Sec. 4-3.116. Amendments: Section 5706.2.4.4 ("Locations where above-ground tanks are prohibited").

Section 5706.2.4.4 of the California Fire Code is amended by adding the following paragraph at the end of the section:

The storage of flammable or combustible liquids in above-ground outside storage tanks is prohibited in all areas of the City except for those areas with the zoning designation of Public Facilities District. Notwithstanding the foregoing, the Fire Chief may grant a permit for such storage in other areas of the City if the Chief determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Chief may impose such conditions and requirements upon the issuance of the permit, as the Chief deems necessary or appropriate.

Sec. 4-3.117. Amendments: Section 6104.2 ("Maximum capacity within established limits").

Section 6104.2 of the California Fire Code is amended by adding the following paragraph at the end of the first paragraph:

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The aggregate storage of liquefied petroleum gas at any one installation in excess of two thousand (2,000) gallons (7,570 L) is prohibited in all areas of the City except for those areas with the zoning designation of Public Facilities District. Notwithstanding the foregoing, the Fire Chief may grant a permit for such storage in other areas of the City if the Chief determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Chief may impose such conditions and requirements upon the issuance of the permit, as the Chief deems necessary or appropriate.

Sec. 4-3.118. Amendment Appendix D, Section D101 ("General").

Section D101.2 is added to Appendix D of the California Fire Code to read as follows:

D101.2 - Definition. Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as but not limited to fire lane, public street, private street, parking lot lane, access roadway and driveway.

Sec. 4-3.119. Amendments: Appendix D, Section D102 ("Required access").

1. Section D102.2 is added to Appendix D of the California Fire Code to read as follows:

Section D102.2. Fire apparatus access roads shall extend to within 50 feet (15 m) of at least one exterior door that can be opened from the outside and that provides access to the interior of the building.

Exception: One- or two-family dwellings or townhouses protected with 13D or 13R may be permitted to be increased to 150 ft. (46 m).

2. Section D102.3 is added to Appendix D of the California Fire Code to read as follows:

Large Buildings. Fire apparatus access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft. (46 m) from fire apparatus access roads as measured by an approved route around the exterior of the building or facility.

3. Section D102.4 is added to Appendix D of the California Fire Code to read as follows:

Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 ft. 6 in. (4.1 m).

4. Section D102.5 is added to Appendix D of the California Fire Code to read as follows:

Exception: When fire apparatus access roads cannot be installed due to location on the property, topography, waterways, nonnegotiable grades, or other similar conditions the Fire Marshal shall be authorized to require fire protection features in addition to those already required.

Sec. 4-3.120. Appendix D, Section D103 ("Minimum specifications").

Section D103.7 is added to Appendix D of the California Fire Code to read:

D103.7 – Markings. Where fire lanes on private property have been designated by the Fire Marshal, curbs shall be painted red on the side or sides of the street or access route where parking is prohibited and no parking signs or other appropriate notice prohibiting obstructions, as approved by the Fire Marshal, shall be provided and maintained by the owner.

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Section 28. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 29. Effective Date. This Ordinance shall become effective thirty days following adoption or on January 1, 2023, whichever is later. However, where applications and plans for buildings have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any ordinances of the City of Pacifica, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law.

Section 30. Publication, Filing. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation as required pursuant to state law and shall cause this ordinance to be entered into the Pacifica Municipal Code. The City Clerk shall file this ordinance with the California Building Standards Commission in the manner as may be required by law. * * * * *
The foregoing ordinance was introduced on November 14, 2022, and passed and adopted at a regular meeting of the City Council of the City of Pacifica held on November 28, 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSENT, Councilmembers:

Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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EXHIBIT A

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FINDINGS SUPPORTING LOCAL AMENDMENTS
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Also, amendments to provisions not regulating buildings used for human habitation, including amendments made only for administrative consistency, do not require findings.

Section Of Ordinance Title Justification
(See Below For
Key)
Section 5. Replacement:

Adoption Of Chapter 1 Of Title 8
(All Amendments Identified in
Section 5, Including Appendix J)
Chapter 1 - Building Code A, B, C
Section 9. Replacement:

Adoption Of Chapter 3 Of Title 8
(All Amendments Identified in
Section 9)
Chapter 3 - Plumbing Code A, B, C
Section 11. Replacement:

Adoption Of Chapter 4 Of Title 8
(All Amendments Identified in
Section 11)
Chapter 4 - Electrical Code A, B, C
Section 13. Replacement:

Adoption of Chapter 5 of Title 8.
(All amendments Identified in
Section 13)
Chapter 5 – International Property
Maintenance Code
No justification
required –
administrative
amendment only
Section 17. Replacement:

Adoption Of Chapter 7 Of Title 8
(All Amendments Identified in
Section 17)
Chapter 7 - Green Buildings Standards
Code

A, B, C
Section 19. Replacement:

Adoption Of Chapter 7.5 Of Title
8 (All Amendments Identified in
Section 19)
Chapter 7.5 - Residential Code A, B, C
Section 27. Replacement:

Adoption Of Article 1 Of Chapter
3 Of Title 4
(All Amendments Identified in
Section 27, including
amendments to Appendix D)
Article 1 - Fire Code A, B, C

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Key to Justification Supporting Amendments to Title 24 of the California Code of Regulations A. CLIMATIC CONDITIONS
I. The City of Pacifica is unique in its climatic conditions. According to records found at the National Weather Service, the average yearly rainfall for the City is approximately 25” to 30”, with a high of 65” in 1995. This rainfall normally occurs from November to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period can range into the 80’s to 90’s Fahrenheit and are frequently accompanied by light to gusty winds. With the extensive Urban-Wild land interface that surrounds the City, the potential for a major fire is high.

II. Pacifica is exposed to more extreme weather than elsewhere in the Bay Area, including strong winds, almost constant exposure to salt air and frequent heavy rains during the winter months. The off-shore high pressure system and upwelling of deeper, cold water just off the coast result in frequent summer fog.

III. Pacifica’s periodic extreme seasonal dryness and high temperatures, combined with an extensive network of overhead utility lines, increases the risk of fire danger in Pacifica.

Overhead utility lines are a leading cause of major fires, as evidenced by the 2021 Dixie Fire, which burned close to 1 million acres and destroyed over 1,000 structures, and was caused by a tree contacting electrical distribution lines. Other major fires caused by overhead utilities included the 2015 Butte Fire and the 2018 Paradise fire, which resulted in the deaths of 85 people and the destruction of the entire town of Paradise, California B. GEOLOGICAL CONDITIONS
I. Pacifica is located adjacent to the Pacific Ocean and significant areas of the City are subject to extreme wave heights, severe bluff erosion and flooding which cause damage to public facilities and private property, especially during heavy rainfall and El Nino winters.

II. Due to its proximity to the Pacific Ocean, Pacifica is at risk from a potential tsunami hazard if a major earthquake occurs in the Pacific Ocean resulting in a wave run-up. The approximate wave run-up height of 20 feet presents a risk to structures and individuals in the area, as there are approximately 900 existing dwelling units within Pacifica’s tsunami run-up area, as well as important community services and facilities.

III. Pacifica is framed by ridges of the Coast Range on the east and is home to 37 mountain summits and peaks. Hillside stability is a critical hazard. Slope failures and superficial landslides are a significant hazard, and runoff from heavy rain or ground-shaking are most likely to activate landslides in the hilly terrain.

IV. Pacifica is one of a minority of California local jurisdictions that is located within the Coastal Zone, where the intensity of coastal waves and flooding are projected to increase as a result of sea level rise and climate change. A primary cause of climate change is earth’s increasing temperature that is the result of greenhouse gases released from the burning of fossil fuels, including natural gas used for heating and cooking within new and existing buildings.

C. TOPOGRAPHICAL CONDITIONS
I. The City of Pacifica is comprised of a number of cul-de-sacs off of Highway 1, which divides the City into distinct districts. Each of these districts is isolated from each other by the

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topography of the City. The City is bordered to the west by the Pacific Ocean and to the east by hills that separate the City from the other communities.

II. A series of overpasses span Highway 1. The collapse of one or more of these overpasses would greatly restrict access to the majority of the City. Highway 1 narrows at two points in the City. A major accident at these choke points also restricts the ability to provide emergency services throughout the City. Several of the districts within the City, such as Vallemar, Rockaway, and Pedro Point have narrow roads in which parking is either not permitted or is limited to one side of the street only. The roads are steep, between 10 to 19 percent in grade, and wind along the contours of the hillsides. These conditions add to the response times of emergency vehicles and also limit the number of emergency vehicles that can be sent to any particular address in these areas.

III. The City of Pacifica is subject to ground tremors from large seismic events along the San Andreas, Loma Prieta, and Seal Cove faults. A part of the City is within the Alquist/Priolo special studies zone, as shown in the Alquist-Priolo Earthquake Fault Zone Act of 1972.

Seismological evidence indicates there is a probability of an earthquake in the region ranging from 5 to 7 on the Richter Scale. This potential for earthquakes influences fire protection planning. A major seismic event would create a Citywide demand on fire protection service, which would be beyond the response capacity of the fire department.

Structural damage to the overpasses on Highway 1 would seriously delay emergency vehicle access to major parts of the City.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/14/2022
1 SUBJECT:

Update on Highway1/Manor Drive Overcrossing Improvement Project RECOMMENDED ACTION:

Accept Update Report on Highway 1/Manor Drive Overcrossing Improvement Project STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
SUMMARY:

AECOM was awarded the first phase of the Highway1/Manor Drive Overcrossing Improvement Project in August of 2018 to review traffic congestion at the Manor Overcrossing. The first phase looked conceptually at the project and provided some preliminary assessments of the project feasibility. This initial phase also included various design options, including not building the project and impacts related to this action, as well as building a project with the greatest relief to congestion that included widening the overcrossing at Highway 1/Manor Drive and building an on-ramp at Milagra Drive. This project also included two community meetings. At the May 2019 meeting 75% of the attendees favored dropping the on-ramp at Milagra.

The second phase of the Highway 1/Manor Drive Overcrossing Improvement Project was also awarded to AECOM in April of 2022. In order to thoroughly vet possible congestion solutions, this phase will look at two projects: widening the overcrossing at Manor without the Milaga onramp and widening the overcrossing at Manor with the Milgra on ramp. This phase will look at the traffic impacts related to building these two options versus not building the project and the project environmental impacts. This report provides an update of the project and details regarding the background and the next phase of work.

BACKGROUND:

On August 12, 2018, the City Council approved a Consultant Services Agreement with AECOM engineering consulting group to complete a Preliminary Planning Study (PPS) related to the congestion the City was experiencing at the Manor Drive Highway 1 overcrossing. The PPS was completed in June 2019 and included the review of existing technical reports and studies, new topographic mapping, project alternative development, preliminary traffic assessment, right of way and utility impacts, assessment of needed bridge work and a preliminary environmental review and cost estimate.

The PPS considered a no-build alternative and a build alternative with a total of four design options. The build alternative consisted of widening or replacing the Manor Drive overcrossing and replacing the four-way stop signs at the intersections of Manor Drive with Palmetto Avenue and Oceana Boulevard with traffic signals. Two design options were considered for bikeway travel on the overcrossing. In addition, the PPS also evaluated two separate design options for converting a former bus pullout/bus stop located immediately north of the northbound off-ramp 12 Packet Pg. 342
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to Manor Drive and Monterey Road to a northbound Highway 1 on-ramp at Milagra Drive as a potential separate project.

The PPS traffic analysis showed that the build alternative would improve the intersection level of service and queue lengths compared to the no-build alternative, both with and without the northbound Highway 1 on-ramp at Milagra Drive. The greatest congestion improvement was identified with the inclusion of the on-ramp at Milagra Drive; however, Caltrans would need to agree to any impacts this new on-ramp may create to Highway 1.

As part of the PPS process, the City held meetings with the local community, the California Department of Transportation (Caltrans), and the San Mateo Transit District (SamTrans). ● Two community information meetings were held for the project on November 27, 2018, and May 8, 2019. The purpose of these meetings was to share information about the proposed project and to solicit community input about their priorities and concerns.

Approximately 45 community members (primarily residents) attended each meeting. The majority of the concerns raised by the community were about traffic (congestion and speeding) and bicyclist and pedestrian safety, including for children accessing Ocean Shore School (K thru 8). To respond to these concerns and to evaluate the features supported by the community, the preliminary design was revised to add new crosswalks, lighting, and bridge width to accommodate sidewalks and bike lanes.

The next most prevalent topic raised during the community meetings was the concern about the proposed northbound on-ramp from Milagra Drive. At the May 2019 meeting, approximately 75 percent of meeting attendees favored dropping the on-ramp at Milagra Drive, and some suggested modifying the northbound on-ramp at Oceana Boulevard/Paloma Avenue to accommodate access from southbound Oceana Boulevard.

The project study area was expanded, and additional traffic counts were conducted to assess the need for signals at the intersections of Manor Drive with Oceana Boulevard and Palmetto Avenue, and to further analyze the Milagra Drive on-ramp. Roundabout options were considered to allow both southbound and northbound Oceana Boulevard to access northbound SR 1 at the existing ramp just north of Paloma Avenue. A roundabout and other potential intersection improvements in this area were not advanced for further consideration since the improvements at Paloma would not reduce the congestion at Manor Drive.
● The City met with Caltrans and San Mateo Transit District (SamTrans). In March 2019, Caltrans provided input on the widening of Manor Drive overcrossing versus a replacement of the bridge, parking, transit, bicycle, and pedestrian facility configurations.

In February 2019, SamTrans confirmed their bus routes, the types, and sizes of buses that they plan to use within the project area, provided input on driver issues such as bus turning movements, and requested the relocation of some of the bus stops to the Manor Drive overcrossing. The recommendations provided by Caltrans and SamTrans have been incorporated into the project design.

Some of the conceptual design exhibits for the Manor Drive overcrossing included parking on the bridge itself. Parking was shown in some of the conceptual design exhibits as a way to use potential extra space on the overcrossing and replace existing on-street parking spaces that may need to be removed as part of the project. Attendees at the March 2019 Caltrans meeting and the May 2019 community meeting expressed concern about traffic conflicts with the proposed parking, and Caltrans noted that parking on the Manor Drive overcrossing may not be allowed.
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The City applied for and was awarded $2.7M of Measure W grant funding to complete the next phase of the Highway 1/Manor Drive Overcrossing project in December of 2021 by the San Mateo County Transportation Authority (TA). The TA agreed, as part of the next phase, the City could study the widening of the Manor Drive overcrossing as a standalone project along with a project for the Manor Drive overcrossing widening with an on-ramp at Milagra. The next phases of work needed for the project development are called the Project Initiation Document (PID) and Project Approval and Environmental Documentation (PA&ED). These work phases were awarded to AECOM by the City Council on April 11, 2022. The award of the contract, including a 5% contingency, was $2,937,892.

DISCUSSION:

Project Initiation Phase (PID)
The project is currently in the Project Initiation Document (PID) phase. The PID phase is the first formal project phase in developing a solution for a specific transportation problem in the Caltrans project development process. For a State Highway System project, a PID is usually the minimum qualification required to compete for funding. The PID is a record of the purpose and need for the project and the approach that will be taken to meet or reduce structural or operational transportation deficiencies. The most important function of the PID is to establish a project as a viable candidate for Federal, State, regional and local funds. 12 Packet Pg. 344
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During the PID phase, a Project Study Report - Project Development Study (PSR-PDS) is developed to initiate the project. The PSR-PDS documents the project scope and purpose and need for the project; alternatives to address that purpose and need; traffic performance of the build alternatives compared with the No Build alternative; anticipated design exceptions, right of way needs, and utility relocations; structural issues and needs; environmental studies required for the environmental document type; permitting needs; risks and risk management; and estimated project costs. Required attachments of the PSR-PDS include the Traffic Engineering Performance Assessment (TEPA), Preliminary Environmental Analysis Report (PEAR), Initial Site Assessment, and Storm Water Data Report. Caltrans’ approval of the PSR-PDS allows the project to move into the Project Approval and Environmental Document (PA&ED) phase.

Additionally, the initial Preliminary Planning Study (PPS) alternative and options were further evaluated, and other feasible options, design variations, or alternatives were considered. The PSR-PDS considers two build alternatives: Build Alternative 1, Manor Drive Improvements without the Milagra Drive On-Ramp, and Build Alternative 2, Manor Drive Improvements with the Milagra Drive On-Ramp. Impacts and traffic performance are being addressed for both build alternatives and the No Build Alternative. Options or design variations for project elements such as pedestrian and bicycle facilities or intersection control types are being considered.

The conceptual design was presented to Caltrans on August 19, 2022. The project development team (PDT), that includes Caltrans staff, recommended considering the removal of the proposed parking and the bus stops from the overcrossing. The removal of the parking and the transit from the current design will reduce the proposed bridge width and will reduce the estimated project cost by approximately $2M. A meeting was held with SamTrans on October 21, 2022 and they agreed with the elimination of the proposed bus stop from the overcrossing.

The new conceptual plans for both alternatives and the project area map are included as Attachment 1.

During the current phase of the project, the City will be conducting up to two community update meetings, which may be part of City Council meetings. The meetings will be used to update the public on project status, provide a project overview, invite input on the project alternatives, project purpose and need, and share information about PID studies.

The current schedule and proposed meeting dates are as follows.

Task Name Date
First community meeting* Jan. 2023
Traffic Engineering Performance Assessment
Approval by Caltrans
Late Jan, 2023
Preliminary Environmental Analysis Report
Approval by Caltrans
Late Feb 2023
Second community meeting* Feb 2023
PSR-PDS Approved Late Feb 2023/Early March
* Public meetings should ideally be on Tuesdays, Wednesdays, or Thursdays, and dates can be selected to avoid conflict with other City events.

The PID phase of the project is anticipated to be completed in late February 2023 or Early March.

Project Approval and Environmental Document Phase
The PA&ED phase of the project is the next step in the Caltrans project development process.

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refined and expanded, additional engineering design will be developed, and the environmental and engineering studies identified during the PID phase will be completed. These studies include a detailed analysis of traffic operations under existing, opening year, and design year conditions for the no-build and build alternatives. Other studies will be performed to address noise, air quality and greenhouse gases, visual and aesthetics, and cultural resources, to name a few.

Additional alternatives, options, or variations may be considered. Caltrans may reject an alternative or option that is not consistent with state or federal design standards. All alternatives must be documented, including eliminated alternatives.

The “project approval” part of PA&ED involves preparation of a Project Report in accordance with the Caltrans Project Development Procedures Manual. The Project Report will describe the project’s engineering features, utility involvement, structure work, construction and right-of-way cost estimates, and technical study findings. A Draft Project Report will be prepared to obtain approval to publicly circulate the project’s draft environmental document. The Final Project Report is used to recommend approval of a preferred alternative and that the project proceed to the final design phase. Caltrans must approve both the Draft and Final Project Reports.

For the environmental document part of the PA&ED phase of the project, a combined California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) document will be prepared to inform the Project Development Team (PDT), the public, stakeholders, and agencies about the project’s impacts and mitigation. A combined CEQA Environmental Impact Report (EIR) and NEPA Environmental Assessment (EA) is currently proposed for this project. It is anticipated that Caltrans will be the CEQA and NEPA lead agency, as the project is on the State Highway System. Caltrans must approve both the Draft and Final Environmental Documents.

The key decision to be made during the PA&ED phase is which build alternative will be selected to advance into the detailed design phase (Plans, Specifications, and Estimates [PS&E]). That decision will be based on each alternative’s ability to satisfy the project’s purpose and need, in consideration of public comments on the Draft Environmental Document. If only one build alternative is identified in the Draft Project Report and Draft Environmental Document, the final versions of those documents must provide justification for advancing the build alternative rather than choosing the no-build alternative.

Community meetings will be held at two points during PA&ED phase:
● The first, during the 30-day CEQA public scoping period, will be an opportunity for the community to provide input on the scope of work and potential environmental effects to be addressed in the Draft Environmental Document.
● The second, during the 45-day public review period for the Draft Environmental Document, will be an opportunity for the community to provide input on the alternatives, impacts, and mitigation measures analyzed in the document.

In addition, during the PA&ED phase of the project, the City will be conducting up to five stakeholder meetings with local business and community groups and/or individuals.

The current schedule and proposed meeting dates are below.

Task Name Date
Public Scoping Meeting* April 2023
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First Administrative Draft Project Report and
Environmental Document
Nov 2023
Circulate Draft Environmental Document Mar 2024
Public Meeting for Draft Environmental Document* Apr 2024 Final Environmental Document Approval Jul 2024
Final Project Report Approval Aug 2024
* Public meetings should ideally be on Tuesdays, Wednesdays, or Thursdays, and dates can be selected to avoid conflict with other City events.

The PA&ED phase is anticipated to be completed in August 2024.

FISCAL IMPACT:

There is no fiscal impact related to this update. The previous award of this work to AECOM at the 4/11/22 Council meeting authorized a budget authority in the amount of $2,797,892, to be paid through grant funds.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1 - SR 1-Manor Dr - Project Build Alternatives_10-31-22 (PDF) 12 Packet Pg. 347
ATTACHMENT 1

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