Terms and Conditions
Service quotations are based upon the understanding given for the scope of activities. It does not consider any unusual or unforeseen equipment requirements/conditions, parts, handling, material and tooling requirements, delays, or additional onsite requests.
Purchaser shall provide, at no charge to Centrisys, whatever assistance may be required under local conditions for safe, efficient and proper performance of the service. Waiting time that is beyond the control of Centrisys personnel shall be paid as if it were work time.
Service is sold on a “best effort” basis. There is no guarantee that a service technician/engineer will fix the problem at that time. Time and expenses are still due.
Price/Payment:
The price for service will be at the rates published and in effect at the time the service is performed.
Terms are net cash 30 days.
Centrisys has no obligation to provide service to a customer with a past due balance.
A PO, or accepted terms in writing; are required prior to scheduling a site visit.
Warranty:
Warranty service determination is only provided during normal work hours/days.
Customer requests for warranty work on an overtime basis will be considered. The customer will be responsible for the premium rate for the overtime hours.
Centrisys will not be made liable for any gratuitous information or assistance whatsoever given by any of its field engineers or contracted third party service people, concerning parts, products or service supplied by them. Parts, materials, supplies, test instruments, or rentals supplied by Centrisys, for the service to be performed are billable to the user at the prevailing rates at that time, plus freight to and from site.
Centrisys maintains the following insurance coverage:
Workers Compensation and Employee’s Liability Insurance, Comprehensive and General Liability, Auto Liability and Property Damage.
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Packet Pg. 154 Attachment: Centrisys Signed Master Agreement 10-31-23 (5508 : Resolution - Approve Master Service Agreement with Centrisys CNP)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
12/11/2023
1 SUBJECT:
Resolution Approving the Professional Services Agreement between the City of Pacifica and Townsend Public Affiars to Provide Grant Writing and Grant Administration Services to the Various Departments in the City of Pacifica
RECOMMENDED ACTION:
Approve a resolution authorizing the City Manager to enter into a consulting services agreement with Townsend Public Affairs for grant writing and grant administration services at the not-toexceed cost of $60,000.
STAFF CONTACT:
Tara Schiff, Economic Development Manager
(650)501-6007
[email protected]
Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND/DISCUSSION:
The City Council identified "Fiscal Sustainability" in the FY 2022-23 goals. Grant funding can provide an opportunity for the City to implement approved projects with money outside of general funds. The City Manager's Office recognized the potential of hiring a grant writing consultant to pursue grant funding and issued an RFP in 2022.
In April 2022, California Consulting was retained to assist in providing grant funding services to obtain funding for the City's most critical infrastructure and other needs in executing the City Council's goal of Fiscal Sustainability. The City Manager initially executed a six-month agreement with California Consulting Inc. to provide full grant-funding services, which included unlimited grant research and matching, submission, and management compliance services.
Upon the expiration of the initial six-month engagement in September 2022, the City Council adopted Resolution No. 62-2022 authorizing a 12-month extension of services with California Consulting, Inc. for an additional not to exceed amount of $60,000.
As part of their services, CA Consulting helped submit applications for seven grants and the City was awarded a One Bay Area OBAG 3 Grant for $900,000 from the Metropolitan Transportation Commission and a Solar App+ grant for $40,000 from the Department of Energy. Both of these grant applications were largely prepared by the city staff. There are currently four other grants in progress for submittal. There are currently four other grants in progress for submittal.
The extension provided staff with extra time to evaluate the overall success of the grant program and the extent of staff time commitment required at all levels of the organization. After careful consideration of services and deliverables provided under this agreement, and considering that the agreement expired in September 2023, the City issued a request for proposals (RFP) to assess and evaluate the market for grant writing services. 8 Packet Pg. 155
Pacifica City Council 2
December 11, 2023
The RFP was released on October 6, 2023 with a deadline of October 30, 2023 to submit proposals. The City received four (4) qualified proposals. A selection committee of five staff members reviewed the proposals in accordance with government procurement policies. Each committee member completed a scorecard evaluating each consulting firm and proposal based on their capabilities and qualifications, quality of proposal and approach to services, cost and overall fit to provide the grant services to the City.
After tallying the score cards, Townsend Public Affairs received the highest score, thus the Review Committee recommends that the City enter into a professional agreement with this consultant.
ALTERNATIVE ACTION:
As an alternative action, the Council may choose not to approve the Contract with Townsend Public Affairs and may choose to re-open the RFP. This would cause a delay in the grant writing services, which would affect the City's potential opportunities for grant funding.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Grant Writing Contract with Public Affairs company is consistent with the following Council adopted Goals:
• Organizational and Fiscal Stability: This project will ensure that the City is well prepared for grant opportunities.
• Stewardship of City Infrastructure, streets and facilities. This project will help fund the repair of City infrastructure ( the damaged rock revetment) and will stabilize the bluff that supports the road and its infrastructure.
FISCAL IMPACT:
The total annual cost for this Contract with Townsend Public Affairs is not to exceed $60,000.
This cost is consistent with the cost of providing these services with the current provider, therefore, no budget amendment is needed at this time, as this cost is already included in the FY 2023-24 Budget. The attached resolution provides the City Manager with the authority to execute an optional extension of this agreement for two additional years upon satisfactory performance. If such extension is granted, the cost (adjusted by CPI subject to negotiation) will be included in the future year’s base budget.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
AGREEMENT FOR CONSULTANT SERVICES_grant writing (PDF)
8 Packet Pg. 156
Pacifica City Council 3
December 11, 2023
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TOWNSEND PUBLIC
AFFAIRS, TO PROVE FULL-SERVICE GRANT MANAGEMENT
WHEREAS, the City has identified various critical infrastructure and operational needs that are not fully funded in the adopted Capital Improvement Program.
WHEREAS, the City does not have the capacity to provide full-service grant management in-house and has been utilizing CA Consulting services for these purpose since 2022.
WHEREAS, the City has recently completed a competitive selection process for the grant consulting services, and assigned the selection committee to evaluate all proposals received in response to the RFP.
WHEREAS, the City wishes to enter into an agreement with Townsend Public Affairs to pursue grant opportunities to help fund diverse City needs.
NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, to authorize the City Manager to execute a contract with Townsend Public Affairs for one year, with an option to extend for two additional years with a budget authority not to exceed $60,000 per year and up to 5% contingency for CPI adjustment in future years if the contract extension is granted beyond the first year.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of December, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 8 Packet Pg. 157
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AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 11th day of December, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Townsend Public Affairs, a California corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY requires grant writing/management services and other services described herein;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CITY and CONSULTANT agree that CONSULTANT is in charge of the Services.
Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in
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confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $60,000 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
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2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by 12/11/2024.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Tara Schiff as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY’s representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Corey Williams as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless
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CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Comprehensive Automobile Liability Insurance. Comprehensive Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
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D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
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ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Title: Economic Development Manager
Address: 540 Crespi Dr.
Pacifica, CA 94044
Phone: (650)501-6007
Email: [email protected]
If to CONSULTANT: Title: Corey Williams
Address: 925 L St.
Sacramento, CA 95814
Phone: (949)632-2565
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and CONSULTANT shall not assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of CITY. As limited by this Section 7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
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7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date: December 11, 2023
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
By: Date:
By: Date:
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EXHIBIT A
SCOPE OF WORK
• Conduct Detailed Orientation of Grant-Writing Needs
• Craft Strategic Funding Plan • Identify, Research, and Monitor Grant Funding Opportunities
• Community Outreach • Grant Application Development and Submittal • Establishment of Clear Accountabilities • Provide Overview of Full Applications Requirements • Assemble Project Background and Details • Coordinate Technical Project Details • Draft Written Proposal • Incorporate Feedback to Finalize Proposal • Submit Completed Application • Funding Advocacy • State Budget Funding Opportunities • Federal Earmark Opportunities • Post Grant Submittal Advocacy • Post-Award Grant Administration and Compliance • Post-Award Services: Above and Beyond Advocacy • Comprehensive Follow-Up on Unsuccessful Applications
• Provide Progress Reports
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EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
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EXHIBIT B
COMPENSATION
ALL-INCLUSIVE RETAINER:IPTION OF
SERVICES
MONTHLY FEE
Grant Writing Services $5,000*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant
Funding Opportunities
Included
• Grant Application Development and
Submittal
Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications
Requirements
Included
• Assemble Project Background and
Details
Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize
Proposal
Included
• Submit Completed Application Included
• Funding Advocacy Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and
Compliance
Included
• Post-Award Services—Above and
Beyond Advocacy
Included
• Comprehensive Follow-Up on
Unsuccessful Applications
Included
*The monthly fee includes all reasonable business and travel expenses.
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
12/11/2023
1 SUBJECT:
Adoption of an Ordinance initiated by the City of Pacifica, to (a) add a new Article 53, “Emergency Shelters” to the City of Pacifica Zoning Regulations (Chapter 4 of Title 9 of the Pacifica Municipal Code [“PMC”]) to create zoning provisions for approval, construction, and operation of an emergency shelter consistent with the requirements of Senate Bill 2 (SB 2); (b) amend Article 11 “C-2 Community Commercial District” to make an emergency shelter with 20 or fewer occupants a permitted use and an emergency shelter with 21-30 occupants a conditional use; (c) amend Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters; (d) update sections of the City of Pacifica’s Zoning Regulations to include updated definitions and terms for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law; and (e) make other minor conforming revisions (File No. 2023-013, Text Amendment TA-124-23). Recommended CEQA status: Exempt from CEQA pursuant to Section 15269 (Emergency Projects) and Section 15061(b)(3) (General Rule Exemption). The Planning Commission recommended approval of the Text Amendment by a Vote of 5-0 (with two absences) on November 6, 2023.
RECOMMENDED ACTION:
Move to waive the second reading and adopt by title only “An Ordinance of the City Council of the City of Pacifica to enact a new Article 53 “Emergency Shelters,” to amend Article 11 “C-2 Community Commercial District,” to amend Article 14 “O Professional Office District”, to amend Article 15 “C-R Commercial Recreation District”, and to make various other minor conforming amendments of Chapter 4 Zoning, of Title 9 of the Pacifica Municipal Code (PMC), and finding the Ordinance exempt from the California Environmental Quality Act (CEQA) (File No. 2023- 013; Text Amendment TA-124-23).”
STAFF CONTACT:
Brianne Harkousha, AICP - Senior Planner
(650) 738-7341
[email protected]
BACKGROUND / DISCUSSION:
This ordinance was introduced at the regular meeting of the City Council on November 27, 2023 and is now in order for adoption. The proposed amendments to be enacted by this ordinance are discussed in detail in the staff report provided with the ordinance introduction at the November 27, 2023 City Council meeting (Attachment A).
Emergency Shelters – SB 2 & Housing Element
California Government Code section 65583 requires the housing element of the City’s general plan to identify one or more zoning districts that allow emergency shelters as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The California Department of Housing and Community Development (HCD) staff reviewing the City’s 6th Cycle Draft Housing Element, have indicated it cannot find the City’s 6th Cycle Draft 9 Packet Pg. 169
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Housing Element (2023-2031) in substantial compliance with state law until the appropriate zoning to permit emergency shelters without discretionary approval is demonstrated to be in place. Staff has prepared Text Amendment TA-124-23 to implement the required zoning to permit emergency shelters in compliance with state law. Completion of this effort is a prerequisite to obtain Housing Element certification by HCD.
Other Text Amendments to Pacifica Municipal Code
Additionally, this proposal includes other text amendments to various sections of the PMC to perform clean-up so they are consistent with the requirements of State law, which include an updated definition for the term “Community Care Facilities” (currently identified in the PMC as “Special Care Facilities”) and “Family Daycare Home” (currently identified in the PMC as “Child Day Care Home”) and updating the maximum number of children permitted to be cared for in a family daycare home. These proposed text amendments are necessary for cleanup of the PMC to ensure the City is implementing the current requirements of State law and are relevant to the premise of providing nonmedical or medical residential care, similar to the proposed text amendments for emergency shelters.
Planning Commission Review & Recommendations
On November 6, 2023, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2023-013 recommending that the City Council approve Text Amendment TA-124-23 with the following amendments (approved 5-0 with two absences):
• Amend the resolution and all references to the limited term of stay from 180 days to six months to be consistent with State law.
• Amend Section 9-4.5304(H) to include a clarifying sentence to ensure proposed emergency shelters would comply with any State or Federal agency requirements, in particular to ensure compliance with laws intended to protect cultural, paleontological, hazardous materials, and biological resources in light of the fact that construction of emergency shelters may not be subject to CEQA analysis because the City must permit them without further discretionary review.
• Exclude Emergency Shelters from the C-R (Commercial Recreation) and O (Professional Office) zoning districts, which otherwise allow the same uses as the C-2 (Community Commercial) zoning district.
• Under the discretion of the Planning Director, review the potential for adding bicycle parking if consistent with State law.
Staff considered the amendments directed by the Planning Commission and each amendment has been incorporated into the Ordinance, with the exception of the request to add bicycle parking.
Emergency Shelter Ordinance
The proposed amendments would enact a new Article 53 to Chapter 4 (Zoning) of Title 9 (Planning and Zoning) of the PMC concerning emergency shelters in order to comply with requirements of State law in California Government Code section 65583. The proposed regulations were prepared based on the requirements of State law and HCD guidelines, and adoption of Article 53 is essential for the City to achieve HCD certification of Pacifica’s 6th Cycle Housing Element.
CEQA RECOMMENDATION
Exempt from the California Environmental Quality Act (Act), pursuant to Section 15269 (Emergency Projects) as the specific action to enact Article 53 “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an 9 Packet Pg. 170
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emergency, and Section 15061(b)(3) (General Rule Exemption) because the amendments to various sections and articles of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” would include changes to definitions to reflect state law that is already in effect and it can be seen with certainty that these definition changes have no possibility to cause a significant effect on the environment.
The specific action to enact a new Article 53, “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency and would be consistent with the requirements of state law. The proposal is for a text amendment of the PMC to allow the temporary housing of individuals experiencing homelessness and may consist of the minor alteration of existing public or private developed areas or development of emergency shelter facilities to provide facilities to shelter individual’s experiencing homelessness. Additionally, minor text amendments of the Pacifica Municipal Code include updates to the definitions and permitted uses sections to be consistent with the State of California’s definitions for “Community care facilities” and “Family Daycare homes”. Other text amendments include updating the definitions, permitted uses, and off-street parking sections of the Pacifica Municipal Code to integrate the development regulations of “Emergency Shelters” and amending Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters.
ALTERNATIVE ACTION
The Council may choose to amend the Ordinance or refer the Ordinance to the Planning Commission for further study, however, this latter alternative action may delay the City’s ability to adopt a substantially compliant Housing Element because adoption of the Ordinance should occur before the scheduled January 2024 adoption hearings.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN
The adoption of the Emergency Shelter Ordinance and various other text amendments to be consistent with State law is consistent with the following item(s) in the Council-adopted Strategic Plan and Priority Work Plan for FY 2023-2030:
• Goal 3: Prioritize protection and development of affordable housing. o Strategy A: Complete the Housing Element Update.
o Strategy C: Prioritize Housing Element program implementation.
FISCAL IMPACT
Proposed emergency shelter applications would be subject to applicable project review fees consistent with Administrative Policy No. 2 to cover staff review of the proposed shelter. Staff does not anticipate additional fiscal impact for proposed emergency shelters.
ORIGINATED BY:
Planning Department
City Clerk
ATTACHMENT LIST:
Attachment A - Staff Report 11-27-2023 City Council Meeting - Ordinance Introduction (PDF) Attachment B - Planning Commission Staff Report (PDF)
Attachment C - Excerpt of HCD Comment from Draft HE Comment Letter (PDF) Attachment D - Site Analysis identifying sufficient capacity (PDF) Attachment E - Maps identifying sites in proximity to services and amenities (PDF) Attachment F - Section 1502 of Health and Safety Code (PDF) 9 Packet Pg. 171
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ORDINANCE NO. (ID # 5541)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO ENACT A NEW ARTICLE 53 “EMERGENCY SHELTERS,” TO AMEND ARTICLE 11 “C-2 COMMUNITY COMMERCIAL DISTRICT,” TO AMEND ARTICLE 14 “O PROFESSIONAL OFFICE DISTRICT,” TO AMEND ARTICLE 15 “C-R COMMERCIAL RECREATION DISTRICT”, AND TO MAKE VARIOUS OTHER MINOR CONFORMING AMENDMENTS, OF CHAPTER 4 OF TITLE 9 OF THE PACIFICA MUNICIPAL CODE (PMC), AND FINDING THE TEXT
AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2023-013; TEXT AMENDMENT TA-124-23)
WHEREAS, California State law requires that all local governments adopt a Housing Element as one of the seven mandated elements of the General Plan; and WHEREAS in 2008, the State legislature passed Senate Bill 2 (California Government Code Section 65583(a)(4)), which requires jurisdictions to identify at least one zone where emergency homeless shelters may be permitted by right with sufficient capacity to accommodate the local need for emergency shelters; and
WHEREAS in 2022, the State legislature passed Assembly Bill 2339 (amended California Code Section 65583 and 65863), which adds additional specificity on how jurisdictions plan for emergency shelters and ensure sufficient capacity for low-income in their housing elements; and
WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-124-23 on November 6, 2023, and adopted Resolution No. 2023-013 by a vote of 5-0 (with two absences) to recommend City Council approval; and
WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on the proposed ordinance on November 27, 2023, and introduced Ordinance No. ### including modifications to Section 9-4.2315-Special Care Facilities of Article 23 of Chapter 4, “Zoning”, Article 2, “Definitions”, of Chapter 4, “Zoning”, Section 9-4.2818 of Article 28, “Off-street Parking and Loading”, of Chapter 4, “Zoning”, and amend the “Permitted and Conditional Uses” for Sections 9-4.1001, 9-4.601, 9-4.401, 9-4.501, and 9-4.651 of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code.
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.
Section 2. Compliance with CEQA. This action is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15269 Emergency Projects and Section 15301 Existing Facilities. The specific action is necessary to prevent or mitigate an emergency. The proposal is for a text amendment of the Pacifica Municipal Code to allow the temporary housing of individuals experiencing homelessness and may consist of the minor alteration of existing public or private developed areas or development of emergency shelter facilities to provide facilities to shelter individual’s experiencing homelessness. Additionally, minor text amendments of the Pacifica Municipal Code include updates to the definitions and permitted uses sections to 9 Packet Pg. 172
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be consistent with the State of California’s definitions for “Community care facilities” and “Family Daycare homes”. Other text amendments include updating the definitions, permitted uses, and off-street parking sections of the Pacifica Municipal Code to integrate the development regulations of “Emergency Shelters”. These amendments incorporate existing law and do not create any new environmental impacts.
Section 3. Enactment. Article 53, “Emergency Shelters” is hereby added to Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code as follows:
“Article 53. Emergency Shelters
Sec. 9-4.5300 Purpose and intent
The purpose of this article is to provide for the development of emergency shelters in compliance with the requirements of State law including but not limited to California Government Code section 65583.
Sec. 9-4.5301: Definitions
The following definition shall apply to this article:
(a) “Emergency Shelter” shall mean housing with minimal supportive services that is limited to occupancy of up to six (6) months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.), or other persons requiring temporary housing.
Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
Sec. 9-4.5302: Location of emergency shelters
An emergency shelter shall be a permitted or conditional use allowable in the C-2 (Community Commercial) zoning district, as set forth in Section 9-4.5304 below, subject to the standards identified in this article.
Sec. 9-4.5303: Development regulations
An emergency shelter shall conform to all development regulations of the zoning district in which it is located, except for the off-street parking requirement, which is set forth in Section 9-
4.2818. A modification to a development regulation of the underlying zoning district may be permitted subject to approval of a use permit by the Planning Commission. Design standards for parking areas shall be consistent with Section 9-4.2817.
Sec. 9-4.5304: Performance standards
In addition to the development standards set forth in Section 9-4.5303 above, an emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
A. Facility Requirements and Operation. Each operator of an emergency shelter shall have a written management plan that uses best practices to address the housing needs of those using the shelter. The written management plan shall address the performance standards in this section.
B. Emergency Shelter Management. Emergency shelters shall provide on-site personnel during hours of operation when individuals who are utilizing the emergency shelter are present. The plan shall include procedures for screening residents to ensure compatibility with services provided at the facility.
C. Waiting and client intake areas. The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public rightof-way. Emergency shelters shall provide 10 square feet of interior waiting and client intake space per bed. Waiting and client intake areas may be used for other purposes 9 Packet Pg. 173
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as needed when client intake is not in progress.
D. Number of Beds or Persons per Facility. An emergency shelter with up to 20 persons or beds shall be a permitted use in the zoning district(s) identified in Section 9-4.5302.
An emergency shelter with 21 to 30 persons or beds shall be a conditional use requiring approval of a use permit in the zoning district(s) identified in Section 9-
4.5302.
E. Limited Terms of Stay. The maximum term of stay for any individual at an emergency shelter is up to six (6) months.
F. Security. The emergency shelter shall have at least one on-site security personnel during all hours when it is in operation.
G. Storage. Each emergency shelter shall provide secure areas for personal property adequate for the number of individuals served on a daily basis. No personal property of facility occupants may be stored outside of an enclosed structure.
H. Compliance. The emergency shelter shall comply with applicable State and local uniform housing and building code requirements, and State and Federal laws (e.g. biological resources, paleontological resources, wetlands, hazardous materials storage and disposal, and other resources) as required.
I. Lighting. The emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
J. Coordination. The operator shall establish a liaison staff to coordinate with City staff and police, school district officials, local businesses, and residents on issues related to the operation of the facility.
K. Other Amenities. The emergency shelter shall include other amenities as may be required that are consistent with the state’s provisions for emergency shelter, as determined by the Planning Director or designee prior to or concurrent with compliance plan review.
Sec. 9-4.5305: Compliance plan review procedures.
Every operator of an emergency shelter shall prepare and submit for review and approval a compliance plan demonstrating how the facility will comply with the requirements of this Article prior to occupancy of the facility.
1. Application. A request for compliance plan review shall be made in writing by the operator of the emergency shelter on a form prescribed by the Planning Director. The application shall be accompanied by a set of plans, a letter of explanation describing the details of the proposed emergency shelter, and an explanation of how the facility would comply with all requirements of this Article. The application for compliance review shall be accompanied by a fee as established by Administrative Policy No. 2.
2. Compliance Determination. The Planning Director or designee shall make a written determination whether the submitted compliance plan sufficiently demonstrates compliance with the requirements of this Article. The determination of the Planning Director is subject to appeal pursuant the provisions of Article 36 of this Chapter.
Sec. 9-4.5306. Enforcement
The City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Chapter 2 of Title 1 of this Code. The City Council may establish fines for violating this article by resolution.” Section 4. Amendment. The Pacifica Municipal Code is hereby amended as follows:
A. Section 9-4.1401 “Permitted and conditional uses and development regulations” of Article 14, “O Professional Office District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
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Sec.9-4.1401. Permitted and conditional uses and development regulations.
The permitted uses in the O District and the development regulations therefor shall be as set forth in Article 11 of this chapter for the C-2 District, except that Emergency Shelters are not a permitted use in the O District.
B. Section 9-4.1501 “ Permitted and conditional uses and development regulations” of Article 15, “C-R Commercial Recreation District” of Chapter 4, “Zoning” of Title 9 “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.1501. Permitted and conditional uses and development regulations.
The permitted uses in the C-R District and the development regulations therefor shall be as set forth in Article 11 of this chapter for the C-2 District, except that Emergency Shelters are not a permitted use in the C-R District.
C. Article 2, “Definitions” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.273.1. - Special care facility.
"Special care facility" shall mean a State-authorized certified or licensed family care home, foster home, or group home serving mentally disordered or otherwise handicapped persons, dependent and neglected children, or elderly persons on a twenty-four (24) hour-per-day basis. "Special care facility" shall also include twenty four (24) hour shelters for victims of family violence, homeless persons, or other need categories.
Sec. 9-4.229.1 - Community care facilities.
“Community care facility” shall mean any facility, place, or building that is maintained and operated to provide non-medical residential care, treatment, adult daycare, or foster family agency services, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes uses listed in Section 1502(a) of the California Health and Safety Code, as may be amended from time to time. A “community care facility” shall not include a “family daycare home.”
Sec. 9-4.225. - Child Family daycare homes.
"Child daycare home" shall mean private single-family residence licensed by appropriate State or County agencies for the daycare or instruction of children.
Family Daycare Homes, as defined by the State, are facilities that regularly provide care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day and are licensed by the State of California.
D. Section 9-4.401 “Permitted and conditional uses” of Article 4, “R-1 Single-Family Residential District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.401. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-1 District:
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(1) One single-family dwelling per lot;
(2) Accessory buildings and uses;
(3) Child Family daycare homes for twelve (12) fourteen (14) children or less; (4) Special Community care facilities for six (6) or fewer persons; (5) Manufactured homes consistent with Chapter 14 of Title 8 of this Code; (6) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(7) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(b) Conditional uses. Conditional uses allowed in the R-1 District, subject to obtaining a use permit, shall be as follows:
(1) Churches and schools;
(2) Parks and playgrounds;
(3) Landscaped public or private parking lots when adjacent to any C District; (4) Crop and tree farming;
(5) Mobile home parks;
(6) (Repealed by Ord. 825-C.S., eff. November 8, 2017); (7) Bed and breakfast inns with no more than three (3) guest rooms; (8) Clustered housing pursuant to Article 24 of this chapter; and (9) Special Community care facilities for more than six (6) persons consistent with the use criteria described in Section 9-4.2315.
E. Section 9-4.501 “Permitted and conditional uses” of Article 5, “R-2 Two Family Residential District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.501. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-2 District:
(1) Single-family dwellings on parcels less than 5,800 square feet in area; (2) Two-family dwellings;
(3) Accessory buildings and uses;
(4) Child Family daycare homes for twelve (12) fourteen (14) children or less; (5) Special Community care facilities for six (6) or fewer persons; (6) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of 9 Packet Pg. 176
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this chapter; and
(7) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(b) Conditional uses. Conditional uses allowed in the R-2 District, subject to obtaining a use permit, shall be as follows:
(1) Two-family dwelling groups (more than one main building); (2) Child Family daycare homes for more than twelve (12) fourteen (14) children and special community care facilities for more than six (6) persons; (3) Conditional uses allowed in the R-1 District; and
(4) Single-family dwellings on parcels larger than 5,800 square feet in area.
F. Section 9-4.601 “Permitted and conditional uses” of Article 6, “R-3 Multiple-Family Residential District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.601. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-3 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Child Family daycare homes for twelve (12) fourteen (14) children or less; (4) Special Community care facilities for six (6) or fewer persons; (5) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(6) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(b) Conditional uses. Conditional uses allowed in the R-3 District, subject to obtaining a use permit, shall be as follows:
(1) Single-family dwellings;
(2) Rooming houses and boardinghouses;
(3) Lodges, clubs, clubrooms, and dormitories;
(4) (Repealed by § V (B), Ord. 491-C.S., eff. October 28, 1987) (5) Conditional uses as allowed in the R-1 and R-2 Districts; and (6) Coastal access.
(7) Family daycare homes for more than fourteen (14) children and community care facilities for more than six (6) persons;
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G. Section 9-4.651 “Permitted and conditional uses” of Article 6.5, “R-3/L.D. MultipleFamily Density Residential District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.651. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-3/L.D. District:
(1) All uses permitted in the R-3 District.
(b) Conditional uses. Conditional uses allowed in the R-3/L.D. District, subject to obtaining a use permit, shall be as follows:
(1) Single-family dwellings;
(2) Clustered housing pursuant to Article 24 of this chapter; (3) Child Family daycare homes for more than twelve (12) fourteen (14) children and special community care facilities homes, for more than six (6) persons; (4) Parks and playgrounds.
H. Section 9-4.1101 “Permitted and conditional uses” of Article 11, “C-2 Community Commercial District” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.1101. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the C-2 District:
(1) Retail stores and shops;
(2) Personal and business service establishments, including financial institutions; (3) Offices;
(4) Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;
(5) Retail restaurants, fast food restaurants, restaurants and bars; (6) Household appliance and furniture sales and service in conjunction with sales; (7) Veterinary hospitals and clinics;
(8) In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-
4.4302(av) of Article 43 of this chapter; and
(9) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(10) Emergency Shelters for twenty (20) or less persons or beds, subject to the standards of Article 53.
(b) Conditional uses. Conditional uses allowed in the C-2 District, subject to obtaining a use permit, shall be as follows:
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(1) Social halls, clubs, theaters, and nightclubs;
(2) Pet care and sales establishments, including boarding and grooming; (3) Vehicle and boat sales and service in conjunction with sales; (4) Plumbing, heating, electrical, and appliance repair, service, and supply shops; (5) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
(6) Car washes;
(7) Health/fitness clubs;
(8) All uses allowed as either a permitted or conditional use in the C-1 District and which are not listed as permitted uses in the C-2 District; and (9) Firearms sales, subject to the provisions of Section 9-4.2316. (10) Marijuana testing operation, subject to the provisions of Article 48 of this chapter, including without limitation any restriction on the establishment of such use in certain locations.
(11) Emergency Shelters for more than twenty (20) persons or beds but not more than 30, subject to the standards of Article 53.
I. Section 9-4.2315 “Special care facilities” of Article 23, “General Provision and Exceptions” of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.2315. - Special Community care facilities.
(a) Purpose. This section is intended to regulate special community care facilities, as defined in Section 9-4.229.1
<https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT9PLZO _CH4ZO_ART2DE_S9-4.273.1SPCAFA>, with more than six residents not including staff. Special Community care facilities serving six or fewer residents not including staff are permitted in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section. Any lot developed or used pursuant to this section shall not thereafter be used for any purpose other than a special community care facility unless and until the Planning Director City Planner has certified in writing that the alternate use satisfies all applicable and then existing land use regulations pertaining to the classification of the lot.
(b) Special Community care facilities criteria. When the proposed use meets the requirements of this chapter including the conditions set forth in Section 9-4.3303 <https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT9PLZO _CH4ZO_ART33USPE_S9-4.3303GRFICO> and all the following criteria, residential community care facilities serving more than six persons in addition to caregivers may be permitted by approval of a use permit in all residential and commercial zoning districts, as identified in this chapter.
(1) There are no other special community care facilities serving more than six persons not including staff within 500 radial feet of the perimeter of the subject property. If proposed facilities are located within the 500-foot minimum horizontal distance, the Planning Commission may determine facility overconcentration if impacts in the area are considered significant.
(2) The proposed use shall be conducted in a manner and with facilities that comply with 9 Packet Pg. 179
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Federal, State and local law and such compliance will be a condition of all use permits issued pursuant to this section. The operator of the facility shall give written notice of any suspension or revocation of its State license to the City Manager within seven (7) days of said suspension or revocation.
(3) Special Community care facilities shall include a common dining area as well as common living areas and amenities to facilitate program activities. (4) There shall be a minimum of 100 square feet of usable open space area per resident, not including staff. Indoor common living areas and amenities to facilitate program activities may be counted towards this requirement up to a maximum of seventy-five (75%) percent of the total open space area required.
(5) Outdoor areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, such as pathways and sitting areas, gardens, putting greens and similar recreation areas.
(6) Where additional stories prohibit easy access to open space areas on the ground floor, open roof decks, balconies or lanais shall be provided in an amount, dimension, area and location as determined to be adequate by the Planning Commission. (c) Hearings and notices required. Special Community care facilities serving more than six residents not including staff, may be permitted in those zoning districts enumerated in this chapter upon securing a use permit and complying with all hearing and notice requirements as set forth in Article 33
<https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT9PLZO _CH4ZO_ART33USPE> of this chapter, except as otherwise provided in this section.
J. Subsection (a) of Sec. 9-4.2818 “Number of parking spaces required” of Article 28, “Off-Street Parking and Loading”, of Chapter 4 “Zoning”, of Title 9 “Planning and Zoning” of the Pacifica Municipal Code is hereby amended (deletions shown in strikethrough and additions shown in underline) as follows:
Sec. 9-4.2818. Number of parking spaces required.
The number of off-street parking spaces required for the uses set forth in this section shall be as follows:
Use Requirements
(a) Residential.
(1) Single-family and two-family Two (2) garage spaces per unit. In addition, where adequate driveway
length to accommodate a parked car
does not exist or on-street parking is
unavailable, a minimum of one guest
parking space per unit shall be
provided.
(2) Multi-family, including studio, townhouses and
condominiums
One space for each studio, one and
one-half (1 ½) spaces for each onebedroom unit, and two (2) spaces for each unit of two (2) or more bedrooms.
In addition, one space to accommodate
guest parking shall be provided for
each four (4) units. When the
determination of the number of guest
parking spaces results in the
requirement of a fractional space, the
fraction shall be disregarded. At least
one of the required off-street parking
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Pacifica City Council 13 December 11, 2023
spaces per unit shall be in a garage or
carport.
(3) Residential projects within the Hillside
Preservation District
Spaces shall be provided as required
by Section 9-4.2258 of Article 22.5 of
this chapter.
(4) Mobile home parks Two (2) spaces for each site (parking may be tandem). For associated guest
parking and recreation facilities, one
space for each five (5) sites.
(5) Dwelling units especially designed for, and to be
occupied by, persons sixty-two (62) years of age or
more
One space for every two (2) units. In
addition, one space to accommodate
guest parking shall be provided for
each five (5) units.
(6) Lodging houses and boardinghouses One garage space for each two (2) lodging rooms, plus garage space for
the owner or manager.
(7) Private clubs and lodges with sleeping facilities One parking space for each two (2) lodging rooms, plus parking spaces
equal in number to twenty (20) percent
of the capacity, in persons, for the
remainder of the building.
(8) Residential projects with affordable units Projects which provide affordable units in accordance with the density bonus
program as set forth in Article 41 of this
chapter, which projects have ten (10) or
more required spaces, may provide up
to one-third (⅓) of the total required
parking spaces for compact cars.
(9) Accessory dwelling units (10) Emergency
Shelter
Spaces shall be provided as required
by Article 4.5 of this chapter. One (1)
space per employee or volunteer on
duty when the shelter is open to
individuals utilizing the emergency
shelter.
Section 5. Severability. If any section, subsection, sentence, clause or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.
Section 7. Coastal Act Compliance. The City Council hereby certifies that the zoning text amendment described herein is intended to be carried out in a manner fully in conformity with the California Coastal Act (Public Resources Code 30000 et seq.). The zoning text amendment 9 Packet Pg. 181
Pacifica City Council 14 December 11, 2023
described herein shall take effect for areas within the Coastal Zone immediately upon certification by the California Coastal Commission (“CCC”) if approved by the CCC as submitted. If the CCC certifies the zoning text amendment subject to modifications, final approval by the City Council shall be required prior to the zoning text amendment taking effect.
The Planning Commission shall provide a recommendation to the City Council regarding any modifications proposed by the CCC prior to final City Council consideration and approval.
Section 8. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. For areas within the Coastal Zone, this Ordinance shall take effect as provided in Section 7. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of December, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 9 Packet Pg. 182
Pacifica City Council 15 December 11, 2023
* * * * *
(ID # 5541) at 12/11/2023 7:00 PM City Council Regular Meeting 9 Packet Pg. 183
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/27/2023
1 SUBJECT:
Introduction of an Ordinance initiated by the City of Pacifica, to (a) add a new Article 53, “Emergency Shelters” to the City of Pacifica Zoning Regulations (Chapter 4 of Title 9 of the Pacifica Municipal Code [“PMC”]) to create zoning provisions for approval, construction, and operation of an emergency shelter consistent with the requirements of Senate Bill 2 (SB 2); (b) amend Article 11 “C-2 Community Commercial District” to make an emergency shelter with 20 or fewer occupants a permitted use and an emergency shelter with 21-30 occupants a conditional use; (c) amend Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters; (d) update sections of the City of Pacifica’s Zoning Regulations to include updated definitions and terms for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law; and (e) make other minor conforming revisions (File No. 2023-013, Text Amendment TA-124-23). Recommended CEQA status: Exempt from CEQA pursuant to Section 15269 (Emergency Projects) and Section 15061(b)(3) (General Rule Exemption). The Planning Commission recommended approval of the Text Amendment by a Vote of 5-0 (with two absences) on November 6, 2023.
RECOMMENDED ACTION:
Move to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica to enact a new Article 53 “Emergency Shelters,” to amend Article 11 “C-2 Community Commercial District,” to amend Article 14 “O Professional Office District”, to amend Article 15 “C-R Commercial Recreation District”, and to make various other minor conforming amendments of Chapter 4 Zoning, of Title 9 of the Pacifica Municipal Code (PMC), and finding the Ordinance exempt from the California Environmental Quality Act (CEQA) (File No. 2023- 013; Text Amendment TA-124-23).”
STAFF CONTACT:
Brianne Harkousha, AICP - Senior Planner
(650) 738-7341
[email protected]
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November 27, 2023
BACKGROUND
Emergency Shelters – SB 2 & Housing Element
California Government Code section 65583 requires the housing element of the City’s general plan to identify one or more zoning districts that allow emergency shelters as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The California Department of Housing and Community Development (HCD) staff reviewing the City’s 6th Cycle Draft Housing Element, have indicated it cannot find the City’s 6th Cycle Draft Housing Element (2023-2031) in substantial compliance with state law until the appropriate zoning to permit emergency shelters without discretionary approval is demonstrated to be in place (Attachment C). Staff has prepared Text Amendment TA-124-23 to implement the required zoning to permit emergency shelters in compliance with state law. Completion of this effort is a prerequisite to obtain Housing Element certification by HCD.
State law, including Senate Bill (SB) 2 and Assembly Bill (AB) 2339 (adopted in 2022), as codified in Government Code Section 65583(a)(4), requires a thorough analysis of sites when zoning for emergency shelters and requires jurisdictions to provide the following:
• At least one zone suitable for residential uses shall be identified to permit emergency shelters without a conditional use permit or other discretionary action. • Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter. Analysis is required to demonstrate sufficient capacity including calculation methodology based on homeless population and land area and vacant vs nonvacant sites.
• Existing or proposed permit procedures, development and management standards must be objective, and encourage and facilitate the development of or conversion to emergency shelters. Written and objective standards may be applied as specified in the State law, including maximum number of beds, provision of onsite management, length of stay, and security.
• “Emergency shelters” shall include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. • Emergency shelters shall not be considered “projects” under the California Environmental Quality Act (CEQA). As set forth in Government Code section 65583(a)(4)(D), “[t]he permit processing, development, and management standards [of emergency shelters] shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act ….”
Other Text Amendments to Pacifica Municipal Code
Additionally, this proposal includes other text amendments to various sections of the PMC to perform clean-up so they are consistent with the requirements of State law, which include an updated definition for the term “Community Care Facilities” (currently identified in the PMC as “Special Care Facilities”) and “Family Daycare Home” (currently identified in the PMC as “Child Day Care Home”) and updating the maximum number of children permitted to be cared for in a family daycare home. These modifications are further explained in detail in the proposed amendments and analysis section below. These proposed text amendments are necessary for cleanup of the PMC to ensure the City is implementing the current requirements of State law and are relevant to the premise of providing nonmedical or medical residential care, similar to the proposed text amendments for emergency shelters.
Planning Commission Review & Recommendations
On November 6, 2023, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2023-013 recommending that the City Council approve Text Amendment TA-124-23 with the following amendments (approved 5-0 with two absences):
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• Amend the resolution and all references to the limited term of stay from 180 days to six months to be consistent with State law.
• Amend Section 9-4.5304(H) to include a clarifying sentence to ensure proposed emergency shelters would comply with any State or Federal agency requirements, in particular to ensure compliance with laws intended to protect cultural, paleontological, hazardous materials, and biological resources in light of the fact that construction of emergency shelters may not be subject to CEQA analysis because the City must permit them without further discretionary review.
• Exclude Emergency Shelters from the C-R (Commercial Recreation) and O (Professional Office) zoning districts, which otherwise allow the same uses as the C-2 (Community Commercial) zoning district.
• Under the discretion of the Planning Director, review the potential for adding bicycle parking if consistent with State law.
Staff considered the amendments directed by the Planning Commission and each amendment has been incorporated into the Ordinance and further explained in the staff report (Attachment B), with the exception of the request to add bicycle parking. Staff reviewed State law and determined that bicycle parking is not included in the list of standards that can be imposed on Emergency Shelters and there is no language that would allow us to include bicycle parking. In addition, bicycle parking is not a standard that is imposed on other residential uses per Section 9-4.2822 of the Pacifica Municipal Code. Therefore, staff did not include bicycle parking as a proposed standard for an emergency shelter. However, staff has analyzed that it may be possible to utilize the minimum required interior storage space required in an Emergency Shelter for bicycle parking. In addition, consistent with provisions in the Sharp Park Specific Plan, staff anticipates the comprehensive zoning update that will occur within the near future will add a bicycle parking requirement for residential uses, and staff will revisit the Emergency Shelter ordinance at that time to determine whether a bicycle parking requirement may be applied in the future.
DISCUSSION
Emergency Shelter Ordinance
The proposed amendments would enact a new Article 53 to Chapter 4 (Zoning) of Title 9 (Planning and Zoning) of the PMC concerning emergency shelters in order to comply with requirements of State law in California Government Code section 65583. As described above, the proposed regulations were prepared based on the requirements of State law and HCD guidelines, and adoption of Article 53 is essential for the City to achieve HCD certification of Pacifica’s 6th Cycle Housing Element.
Objective Standards
Definitions
Emergency shelters would provide housing with minimal supportive services that is limited to occupancy of up to six months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters or other persons requiring temporary housing. The text amendment defines emergency shelters to be consistent with subdivision (e) of Section 50801 of the California Health and Safety Code and per AB 2339 expands the definition to include other interim interventions, such as a navigation center, bridge housing, and respite or recuperative care.
Location of emergency shelters
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The City is required to determine a district that allows residential development in which to permit emergency shelters by right. The Planning Commission thoroughly considered and vetted staff’s identification of the C-2 (Community Commercial) District as the most appropriate zoning district for emergency shelter facilities. Supporting analysis of suitable sites to be consistent with State law is included in the Site Suitability Criteria that follows this section. At the direction of the Planning Commission, emergency shelter proposals are excluded from the C-R (Commercial Recreation) and O (Professional Office) Districts.
Development regulations
The text amendment requires emergency shelters to be consistent with the development regulations of the C-2 Zoning District and design standards of off-street parking areas consistent with PMC section 9-4.2817. Modifications to the development regulations may be permitted subject to approval of a use permit to be reviewed and approved by the Planning Commission.
Additionally, the amendment would include updating section 9-4.2818 of Article 28 (Off-Street Parking and Loading) to designate parking for employees or volunteers on duty when the shelter is open to individuals utilizing the emergency shelter. One parking space per employee or volunteer would be required for each emergency shelter facility.
Performance standards
The text amendment includes performance standards as allowed by state law that include emergency shelter management, size of waiting and client intake areas, number of beds or persons per facility, limits on terms of stay, security, storage, lighting, coordination, and compliance with applicable State and local uniform housing and building code requirements.
These standards are considered written objective standards identified as acceptable standards that jurisdictions may impose for emergency shelters under State law. Emergency shelters will be required to provide on-site personnel during hours of operation, have on-site security at all hours when the shelter is operational, designate a liaison staff to coordinate with applicable agencies, and have a written management plan that includes procedures for screening residents to ensure compatibility with services provided at the facility. The facility must have a minimum of 10 square feet of interior waiting and client intake space per bed to allow sufficient space to accommodate the expected number of clients, without overflowing to the exterior of the facility. The facility is required to have sufficient exterior lighting on pedestrian pathways and parking lot areas on the property and storage areas to provide secure areas for personal property adequate for the number of individuals served on a daily basis.
The number of beds or persons per facility is proposed as 20 beds or persons as HCD considered this number to be a generally acceptable amount that was also proposed by other jurisdictions and would be less likely to be considered a constraint on development of emergency shelters. A use permit would be required for 21 and up to a maximum of 30 beds or persons. Lastly, the maximum length of stay by an individual experiencing homelessness is up to six (6) months and the length of time to house an individual experiencing homelessness is consistent with the State’s sample ordinance.
At the direction of the Planning Commission, staff amended Section 9-4.5304(H) Performance Standards of the Emergency Shelter Ordinance to clarify that emergency shelters will be required to comply with applicable State and Federal Agency laws such as biological resources, paleontological resources, wetlands, hazards materials storage and disposal, and other resources.
Compliance review procedures
The text amendment includes required items to be submitted for review of a proposed emergency shelter. The applicant would be required to submit a set of plans and project description explaining the details of the proposal to verify consistency with the development regulations and performance standards sections referenced above. Compliance with these 6 Packet Pg. 106
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regulations and standards would be reviewed and approved by the Planning Director or their designee.
Enforcement
The text amendment includes a section to ensure that the City may take enforcement action consistent with Chapter 2 of Title 1 of the PMC if a violation of Article 53 occurs.
Site Suitability Criteria for Emergency Shelters
Government Code section 65583 as amended (AB 2339) identifies specific criteria that local governments are required to analyze to demonstrate sites with sufficient capacity when identifying zoning designations to accommodate emergency shelters. This requirement is different from the analysis prepared for the Sites Inventory in the Housing Element. The Housing Element Sites Inventory includes specific sites that will be rezoned to allow for a specific density of housing. For emergency shelters, the intent is not to zone specifically for emergency shelters, but rather to allow them by-right as required by law throughout a land use district. The sites analysis below is to demonstrate to the State that there are sufficient sites available for emergency shelter development generally. Individual property owners will make the ultimate determination as to what is developed on the sites. Staff provides a summary of the key criteria below.
1. Designate at least one zoning district that allows emergency shelters by right.
Identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit.
2. Site analysis to document that there is enough land to accommodate the need for emergency shelters. The documentation that there is enough land to accommodate the needs for emergency shelters may be demonstrated by multiplying the number of people experiencing homelessness by 200 square feet, then comparing the required space with the total buildable area of the identified site(s) to demonstrate that the designated sites can accommodate the need for shelters.
3. Sites analysis to ensure designated zoning districts include adequate sites that meet at least one of the following:
a. Vacant sites zoned for residential use.
b. Vacant sites with nonresidential zoning that allows residential development - zoning must allow housing development and the zone must be located near amenities and services, such as transportation, health care, retail, employment, and social services, that serve homeless people. If the zone is not located near amenities and services, the local government must provide free transportation services or offer the services onsite.
c. Nonvacant sites that are suitable for use as a shelter or that can be redeveloped for a shelter in the current Housing Element period. An analysis must demonstrate that the existing use is likely to be discontinued during the planning period, considering the current uses, market conditions, and incentives for shelter development. This is similar to the analysis that many jurisdictions have done for their nonvacant sites inventory in the housing element process. d. Sites owned by the local government – To use this category, jurisdictions must provide substantial evidence that the sites will be made available during the planning period, are suitable for residential use, and are either located near amenities and services, or the local government will provide free transportation or on-site services.
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4. Site analysis for capacity of at least one year-round emergency shelter. Zoning designation or designations that can accommodate at least one year-round emergency shelter.
The discussion that follows provides an analysis of the above-mentioned criteria to support the proposed zoning designation permitting emergency shelters and is based on a suitable sites analysis consistent with State requirements. Site by site data for sites is included as Attachment D and maps prepared to visually reflect each site are included as Attachment E for reference as part of the general analysis of the overall sites that follows. A more detailed analysis demonstrating availability of sites for emergency shelters will be included in the Housing Element as part of the Housing Element update.
Identifying Zoning and Sites Analysis
Staff identified the C-2 (Community Commercial) zoning district1 as the zoning designation to permit emergency shelters by right to satisfy the requirements of State law. The C-2 zoning district allows residential uses subject to approval of a conditional use permit and allows various visitor-serving and commercial uses such as retail stores, offices, personal and business service establishments, and restaurant uses that serve the community. The C-2 zoning district is the most suitable zone to accommodate emergency shelters as the district is located within proximity of transit, amenities and services that could contribute to individuals utilizing an emergency shelter facility. In addition, the sites analysis for sites in the C-2 district indicate sufficient capacity and suitability to accommodate emergency shelters for the existing nonvacant and vacant sites (Attachment D).
The permitted and conditional uses and development regulations of the C-2 District also apply to the Professional Office (O) and Commercial Recreation (C-R) Districts, therefore, emergency shelters would be permitted in these zoning districts as well. At the direction of the Planning Commission, staff revised the Ordinance to amend Article 14, O Professional Office District and Article 15, C-R Commercial Recreation District to exclude emergency shelters from the permitted uses in these zoning districts. Based on staff’s analysis, most sites in the C-R district would not be considered viable sites for purposes of an emergency shelter facility because the sites are located in areas of the coastal zone that may be more vulnerable to erosion, flooding, and sea level rise. The C-R district contains multiple sites within the coastal zone that are either vacant land used to access the beach or hiking trails, developed properties close to the shoreline, or vacant sites that are not located near amenities. Therefore, development of emergency shelters would not likely be viable within most or all properties zoned C-R and further analysis of sites zoned C-R was not performed. Sites in the O district have not been evaluated for the purposes of shelter development.
A brief summary of the nonvacant and vacant sites for the C-2 District are referenced in the discussion below and are summarized in Table 1.
1 Permitted and conditional uses and development regulations for O and C-R refer to the C-2 District and Planning Commission recommended an amendment to exclude emergency shelters from these zoning districts.
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TABLE 1: SUMMARY OF SITES FOR C-2 DISTRICT
C-2
STATE REQUIREMENT FOR LAND
AREA (ACRES)
0.74 NUMBER OF NONVACANT SITES2 15
NUMBER OF VACANT2 3
ACRES OF NONVACANT 2 45
ACRES OF VACANT2 1.85
Sites Analysis – Land area to demonstrate capacity
Every two years, the County of San Mateo Human Services Agency conducts a One Day Homeless Count and Survey with community and county partners. The 2022 count was conducted in the early morning hours of February 24, 2022, and in-depth surveys were collected over the course of the following week. The 2022 count indicated that approximately 161 individuals were experiencing unsheltered homelessness in the City of Pacifica. Based on this data, the City should demonstrate that there is enough land (adequate sites) to accommodate the need for emergency shelters by multiplying 161 people experiencing homelessness by 200 square feet. This would result in approximately 0.74 acres of land area that would be needed to accommodate potential emergency shelters. Staff has identified a combination of vacant and nonvacant sites in the C-2 zoning district that would comply with this land area. Additionally, staff will be proposing a program in the Housing Element to evaluate the capacity for one yearround shelter to ensure the C-2 district can meet the need for one year-round shelter, which shall be implemented within one year of Housing Element adoption.
Sites Analysis – Nonvacant sites
The C-2 zoning district includes approximately 45 acres on 15 parcels, ranging in size from 0.11 acres to 30.32 acres (Attachment D). These sites are developed, many with community commercial uses identified as permitted and conditionally permitted uses in the C-2 zoning district. There is property along Oceana Blvd with a vacant tenant space. There are also multiple developed properties that contain office and commercial uses that have an improvement to land value (ILV) ratio of less than 0.5. ILV was identified as one indicator to be used to determine redevelopment potential. The ILV consists of the value of any improvements on a parcel divided by the value of the land within the parcel boundaries. The ILV ratio indicates which parcels are underutilized from a development perspective, with a lower ILV ratio indicating greater potential for redevelopment because the value of existing improvements (i.e., buildings) is less than the value of the underlying land. Therefore, based on the analysis performed, nonvacant sites identified in the C-2 zoning district are suitable sites for potential development or conversion to accommodate an emergency shelter facility. 2 There are 12 sites excluded from total sites and acreage count because these sites are the core HE sites identified in the City’s sites inventory list of the draft 6th Cycle Housing Element and are not evaluated to accommodate shelter development.
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Sites Analysis – Vacant sites with nonresidential zoning that allows residential development The C-2 zoning district has three vacant parcels ranging in size from 0.13 acres to 1.56 acres.
Of the three, staff has identified one vacant parcel (APN 018-140-040) in the C-2 zoning district that can accommodate an emergency shelter as this parcel is vacant, habitable, and in proximity to public transit, amenities, and services. The parcel is a total of 1.56 acres and can provide capacity for up to 20 beds or persons, by assumptions of the permitted number of beds or persons to be housed per the proposed development standards for an emergency shelter.
Additionally, using the assumption of 200 sq. ft. per person, the City has at least 32,200 sq. ft. (0.74 acres) available for an emergency shelter facility at this single vacant parcel.
Therefore, the City has demonstrated there is enough capacity in the C-2 District to accommodate emergency shelter facilities either on vacant or nonvacant sites.
Small and Large Family Daycare Homes
State law3 provides for the operation of certain family daycare facilities within residential zoning districts and requires that local agencies consider them to residential uses. The maximum number of children to be cared for in a small family daycare home is eight (8) children and a large family daycare home is fourteen (14) children. State law generally requires that a small family daycare be permitted by right (without discretionary approval) and allows a local agency to require a discretionary approval such as a use permit for a large family daycare with more than fourteen (14) children. PMC section 9-4.401 already allows “child day care homes” for up to 12 children as permitted by-right. The proposed text amendment would update the maximum number of children to be cared for in such a home from twelve (12) to fourteen (14) children to be consistent with the numerical limits in state law, which changed to increase the allowable number of children in the respective small and large facility types since the last update to the PMC (Attachment A). The amendment would also change the terminology used to refer to these uses as “family daycare homes” instead of “child day care homes” and update the definition to align with State law.
Community Care Facilities
The proposed amendments would replace “Special care facility” with “Community care facility” in the permitted and conditional uses section, definitions section, and general provisions section of Chapter 4 (Zoning), of Title 9 (Planning of Zoning) to be consistent with current definitions in Section 1502 of the California Health and Safety Code. Community care facility is defined as any facility place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes a variety of facility’s as listed in Attachment F. The amendment would change the term to ensure clarity that the uses covered are those described in state law.
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CONSISTENCY WITH GENERAL PLAN AND LOCAL COASTAL LAND USE PLAN The proposed amendments are consistent with the 2040 General Plan and the 1980 Local Coastal Land Use Plan. The proposed amendments are most relevant to the following overall goals and policies of the General Plan and Local Coastal Land Use Plan:
General Plan
• SA-I-27 Critical Facilities Location. Site critical public facilities including hospital and healthcare facilities, emergency shelters, police and fire stations, and emergency communications facilities outside of the tsunami evacuation zone and 100-year flood plains.
• SA-G-9 Emergency Response. Foster an efficient and coordinated response to emergencies and natural disasters.
Local Coastal Land Use Plan
• (Page C-108) Land use regulations and housing programs shall be established which conserve the character and existing patterns of low- and moderate-income residential development existing in Pacifica’s coastal neighborhoods.
CEQA RECOMMENDATION
Exempt from the California Environmental Quality Act (Act), pursuant to Section 15269 (Emergency Projects) as the specific action to enact Article 53 “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency, and Section 15061(b)(3) (General Rule Exemption) because the amendments to various sections and articles of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” would include changes to definitions to reflect state law that is already in effect and it can be seen with certainty that these definition changes have no possibility to cause a significant effect on the environment.
The specific action to enact a new Article 53, “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency and would be consistent with the requirements of state law. The proposal is for a text amendment of the PMC to allow the temporary housing of individuals experiencing homelessness and may consist of the minor alteration of existing public or private developed areas or development of emergency shelter facilities to provide facilities to shelter individual’s experiencing homelessness. Additionally, minor text amendments of the Pacifica Municipal Code include updates to the definitions and permitted uses sections to be consistent with the State of California’s definitions for “Community care facilities” and “Family Daycare homes”. Other text amendments include updating the definitions, permitted uses, and off-street parking sections of the Pacifica Municipal Code to integrate the development regulations of “Emergency Shelters” and amending Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters.
ALTERNATIVE ACTION
The Council may choose to amend the Ordinance or refer the Ordinance to the Planning Commission for further study, however, this latter alternative action may delay the City’s ability to adopt a substantially compliant Housing Element because adoption of the Ordinance should occur before the scheduled January 2024 adoption hearings.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN
The adoption of the Emergency Shelter Ordinance and various other text amendments to be consistent with State law is consistent with the following item(s) in the Council-adopted Strategic Plan and Priority Work Plan for FY 2023-2030:
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• Goal 3: Prioritize protection and development of affordable housing. o Strategy A: Complete the Housing Element Update.
o Strategy C: Prioritize Housing Element program implementation.
FISCAL IMPACT
Proposed emergency shelter applications would be subject to applicable project review fees consistent with Administrative Policy No. 2 to cover staff review of the proposed shelter. Staff does not anticipate additional fiscal impact for proposed emergency shelters.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Ordinance (DOCX) -- Proposed Ordinance included with Staff Report Attachment B - Planning Commission Staff Report (PDF)
Attachment C - Excerpt of HCD Comment Letter on Draft Housing Element Attachment D - Site Analysis identifying sufficient capacity (PDF) Attachment E - Maps identifying sites in proximity to services and amenities Attachment F - Section 1502 of Health & Safety Code (PDF) 6 Packet Pg. 112
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PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: November 6, 2023 FILE: TA-124-23
ITEM: 1
SUBJECT: File No. 2023-013 – Text Amendment TA-124-23, initiated by the City of Pacifica, to add a new Article 53, “Emergency Shelters” to the City of Pacifica Zoning Regulations (Chapter 4 of Title 9 of the Pacifica Municipal Code [“PMC”]) to create zoning provisions for approval, construction, and operation of an emergency shelter consistent with the requirements of State law, to amend Article 11, “C-2 Community Commercial District” to make an emergency shelter with 20 or fewer occupants a permitted use and an emergency shelter with 21-30 occupants a conditional use, to update sections of the City of Pacifica’s Zoning Regulations to include updated definitions for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law, and make other minor conforming revisions.
PUBLIC NOTICE: Notice of Public Hearing was published in the San Mateo Daily Journal on October 27, 2023
PROJECT LOCATION: Citywide
RECOMMENDED CEQA STATUS: Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15269 (Emergency Projects) of the CEQA Guidelines as the adoption of Article 53 “Emergency Shelters” and amendments to Article 11 “C-2 Community Commercial District” are necessary to prevent or mitigate an emergency, and Section 15061(b)(3) (General Rule Exemption) because the amendments to various sections and articles of Chapter 4, “Zoning” of Title 9, “Planning and Zoning,” including changes to definitions and other minor conforming revisions, reflect state law that is already in effect, and it can be seen with certainty that these changes have no possibility to cause a significant effect on the environment.
REQUIRED APPROVALS: Government Code section 65853 et seq. requires the Planning Commission to conduct a public hearing and provide a written recommendation to the City Council on any new zoning ordinance, amendment to a zoning ordinance, or change in a property’s zoning designation. Pacifica Municipal Code Section (PMC) section 9-4.3501 et seq. similarly requires the Planning Commission to conduct a public hearing and to provide a recommendation by resolution to the City Council on any zoning text amendment or change in a property’s zoning designation.
The City Council, as the legislative body of the City, must conduct a public hearing and enact by ordinance any zoning text amendment or change in a property’s zoning designation before it may take effect, with few exceptions. Public Resources Code Section 30514 additionally 1 Packet Pg. 4
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provides that any ordinance enacted by the City Council which amends the City’s zoning standards or zoning map shall not take effect within the Coastal Zone until the California Coastal Commission certifies an amendment to the City’s Local Coastal Program.
RECOMMENDED ACTION: Adopt the attached Resolution initiating the Text Amendment and recommending approval to City Council (Attachment A).
PREPARED BY: Brianne Harkousha, AICP, Senior Planner
1 Packet Pg. 5
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Background
Emergency Shelters – SB 2 & Housing Element
California Government Code section 65583 requires the housing element of the general plan to identify one or more zoning districts that allow emergency shelters as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The California Department of Housing and Community Development (HCD) staff reviewing the City’s 6 th Cycle Draft Housing Element, have indicated it cannot find the City’s 6th Cycle Draft Housing Element (2023-2031) in substantial compliance with state law until the appropriate zoning to permit emergency shelters without discretionary approval is demonstrated to be in place (Attachment B). Staff has prepared this text amendment (TA-124-23) to implement the required zoning to permit emergency shelters in compliance with state law. Completion of this effort is a prerequisite to obtain Housing Element certification by HCD.
Adopted in 2022, Assembly Bill (AB) 2339 amends Government Code Section 65583(a)(4) and requires a thorough analysis of sites when zoning for emergency shelters. Generally, SB 2 and AB 2339 amend housing element law regarding planning and approval for emergency shelters and require jurisdictions to provide the following:
• At least one zone suitable for residential uses shall be identified to permit emergency shelters without a conditional use permit or other discretionary action. • Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter. Analysis is required to demonstrate sufficient capacity including calculation methodology based on homeless population and land area and vacant vs nonvacant sites.
• Existing or proposed permit procedures, development and management standards must be objective, and encourage and facilitate the development of or conversion to emergency shelters. Written and objective standards may be applied as specified in the State law, including maximum number of beds, provision of onsite management, length of stay, and security.
• “Emergency shelters” shall include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care.
Other Text Amendments to Pacifica Municipal Code
Additionally, this proposal includes other text amendments to various sections of the PMC to perform clean-up so they are consistent with the requirements of State law, which include an updated definition for the term “Community Care Facilities” (currently identified in the PMC as “Special Care Facilities”) and “Family Daycare Home” (currently identified in the PMC as “Child Day Care Home”) and updating the maximum number of children permitted to be cared for in a family daycare home. These modifications are further explained in detail in the proposed amendments and analysis section below. These proposed text amendments are necessary for clean up of the PMC to ensure the City is implementing the current requirements of State law and are relevant to the premise of providing nonmedical or medical residential care, similar to the proposed text amendments for emergency shelters.
1 Packet Pg. 6
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Proposed Amendments and Analysis
Emergency Shelters
The proposed amendments would enact a new Article 53 to Chapter 4 (Zoning) of Title 9 (Planning and Zoning) of the PMC concerning emergency shelters in order to comply with requirements of State law under California Government Code section 65583. As described above, the proposed regulations were prepared based on the requirements of State law and adoption of Article 53 is essential for the City to achieve HCD certification of Pacifica’s 6 th Cycle
Housing Element.
Objective Standards
Definitions
Emergency shelters would provide housing with minimal supportive services that is limited to occupancy of up to six months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters or other persons requiring temporary housing. The text amendment defines emergency shelters to be consistent with subdivision (e) of Section 50801 of the California Health and Safety Code and per AB 2339 expands the definition to include other interim interventions, such as a navigation center, bridge housing, and respite or recuperative care.
Location of emergency shelters
Staff has identified the C-2 (Community Commercial) District as the most appropriate zoning district for emergency shelter facilities. Supporting analysis of suitable sites to be consistent with State law are included in the Site Suitability Criteria that follows this section.
Development regulations
The text amendment requires emergency shelters to be consistent with the development regulations of the C-2 Zoning District and design standards of existing parking areas consistent with PMC Section 9-4.2817. Any modifications to the development regulations shall be permitted subject to approval of a use permit to be reviewed and approved by the Planning Commission. Additionally, the amendment would include updating Section 9-4.2818 of Article 28 (Off-Street Parking and Loading) to designate parking for employees or volunteers on duty when the shelter is open to individuals utilizing the emergency shelter. One parking space per employee or volunteer would be required for each emergency shelter facility.
Performance standards
The text amendment includes performance standards that include emergency shelter management, size of waiting and client intake areas, number of beds or persons per facility, limits on terms of stay, security, storage, lighting, coordination, and compliance with applicable State and local uniform housing and building code requirements. These standards are considered written objective standards identified as acceptable standards that jurisdictions may impose for emergency shelters. Emergency shelters will be required to provide on-site personnel during hours of operation, have on-site security at all hours when the shelter is operational, designate a liaison staff to coordinate with applicable agencies, and have a written management plan that includes procedures for screening residents to ensure compatibility with services provided at the facility. The facility must have a minimum of 10 square feet of interior waiting and client intake space per bed to allow sufficient space to accommodate the expected number of clients, without overflowing to the exterior of the facility. The facility is required to 1 Packet Pg. 7
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have sufficient exterior lighting on pedestrian pathways and parking lot areas on the property and storage areas to provide secure areas for personal property adequate for the number of individuals served on a daily basis. The number of beds or persons per facility is proposed as 20 beds or persons as HCD considered this number to be a generally acceptable amount that was also proposed by other jurisdictions and would be less likely to be considered a constraint on development of emergency shelters. A use permit would be required for 21 and up to a maximum of 30 beds or persons. Lastly, the maximum length of stay by an individual experiencing homelessness is up to 180 days within any 365-day period and the length of time to house an individual experiencing homelessness is considered acceptable as it was identified in the State’s sample ordinance.
Compliance review procedures
The text amendment includes required items to be submitted for review of a proposed emergency shelter. The applicant would be required to submit a set of plans and project description explaining the details of the proposal to verify consistency with the development regulations and performance standards sections referenced above. Compliance with these regulations and standards would be reviewed and approved by the Planning Director or their designee.
Enforcement
The text amendment includes a section to ensure that the City may take enforcement action consistent with Chapter 2 of Title 1 of the PMC if a violation of Article 53 occurs.
Site Suitability Criteria
Government Code section 65583 as amended (AB 2339) identifies specific criteria that local governments are required to analyze to demonstrate sites with sufficient capacity when identifying zoning designations to accommodate emergency shelters. Staff provides a summary of the key criteria below.
1. Designate at least one zoning district that allows emergency shelters by right.
Identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit.
2. Site analysis to document that there is enough land to accommodate the need for emergency shelters. The documentation that there is enough land to accommodate the needs for emergency shelters may be demonstrated by multiplying the number of people experiencing homelessness by 200 square feet, then comparing the required space with the total buildable area of the identified site(s) to demonstrate that the designated sites can accommodate the need for shelters.
3. Sites analysis to ensure designated zoning districts include adequate sites that meet at least one of the following:
a. Vacant sites zoned for residential use.
b. Vacant sites with nonresidential zoning that allows residential development - zoning must allow housing development and the zone must be located near amenities and services, such as transportation, health care, retail, employment, and social services, that serve homeless people. If the zone is not located near 1 Packet Pg. 8
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amenities and services, the local government must provide free transportation services or offer the services onsite.
c. Nonvacant sites that are suitable for use as a shelter or that can be redeveloped for a shelter in the current Housing Element period. An analysis must demonstrate that the existing use is likely to be discontinued during the planning period, considering the current uses, market conditions, and incentives for shelter development. This is similar to the analysis that many jurisdictions have done for their nonvacant sites inventory in the housing element process. d. Sites owned by the local government – To use this category, jurisdictions must provide substantial evidence that the sites will be made available during the planning period, are suitable for residential use, and are either located near amenities and services, or the local government will provide free transportation or on-site services.
4. Site analysis for capacity of at least one year-round emergency shelter. Zoning designation or designations that can accommodate at least one year-round emergency shelter.
The discussion that follows provides an analysis of the above-mentioned criteria to support the proposed zoning designation permitting emergency shelters and is based on a suitable sites analysis consistent with State requirements. Site by site data for sites is included as Attachment C and maps prepared to visually reflect each site are included as Attachment D for reference as part of the general analysis of the overall sites that follows. A more detailed analysis of site specific review will be included in the Housing Element as part of the Housing Element update.
Identifying Zoning and Sites Analysis
Staff identified the C-2 (Community Commercial) zoning district1 as the zoning designation to permit emergency shelters by right to satisfy the requirements of State law. The C-2 zoning district allows residential uses subject to approval of a conditional use permit and allows various visitor-serving and commercial uses such as retail stores, offices, personal and business service establishments, and restaurant uses that serve the community. The C-2 zoning district is the most suitable zone to accommodate emergency shelters as the district is located within proximity of transit, amenities and services that could contribute to individuals utilizing an emergency shelter facility.
The permitted and conditional uses and development regulations of the C-2 District also apply to the Professional Office (O) and Commercial Recreation (C-R) Districts, therefore, emergency shelters would be permitted in these zoning districts as well. However, most sites in the C-R district would not be considered viable sites for purposes of an emergency shelter facility because the sites are located in areas of the coastal zone that may be more vulnerable to erosion, flooding, and sea level rise. The C-R district contains multiple sites within the coastal zone that are either vacant land used to access the beach or hiking trails, developed properties close to the shoreline, or vacant sites that are not located near amenities. Therefore, development of emergency shelters would not likely be viable within most or all properties zoned C-R and further analysis of sites zoned C-R was not performed. Sites in the O district have not been evaluated for the purposes of shelter development because the sites analysis for 1 Permitted and conditional uses and development regulations for O and C-R refer to the C-2 District, therefore, emergency shelters will be permitted in these districts as well. 1 Packet Pg. 9
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sites in the C-2 district indicate sufficient capacity and suitability to accommodate emergency shelters for the existing nonvacant and vacant sites (Attachment C). A brief summary of the nonvacant and vacant sites for each zoning district are referenced in the discussion below and are summarized in Table 1.
TABLE 1: SUMMARY OF SITES FOR EACH ZONE
C-2 O C-R
STATE REQUIREMENT FOR LAND
AREA (ACRES)
0.74 0.74 0.74
NUMBER OF NONVACANT SITES2 15 5 12
NUMBER OF VACANT2 3 0 15
ACRES OF NONVACANT 2 45 2.49 85.41
ACRES OF VACANT2 1.85 0 108.78
Sites Analysis – Land area to demonstrate capacity
Every two years, the County of San Mateo Human Services Agency conducts a One Day Homeless Count and Survey with community and county partners. The 2022 count was conducted in the early morning hours of February 24, 2022, and in depth surveys were collected over the course of the following week. The 2022 count indicated that approximately 161 individuals were experiencing unsheltered homelessness in the City of Pacifica. Based on this data, the City should demonstrate that there is enough land (adequate sites) to accommodate the need for emergency shelters by multiplying 161 people experiencing homelessness by 200 square feet. This would result in approximately 0.74 acres of land area that would be needed to accommodate potential emergency shelters. Staff has identified a combination of vacant and nonvacant sites in the C-2 zoning district that would comply with this land area. Additionally, staff will be proposing a program in the Housing Element to evaluate the capacity for one yearround shelter to ensure the C-2 district can meet the need for a year-round, which shall be implemented within one year of Housing Element adoption.
Sites Analysis – Nonvacant sites
The C-2 zoning district includes approximately 45 acres on 15 parcels, ranging in size from 0.11 acres to 30.32 acres (Attachment C). These sites are developed, many with community commercial uses identified as permitted and conditionally permitted uses in the C-2 zoning district. There is property along Oceana Blvd with a vacant tenant space. There are also multiple developed properties that contain office and commercial uses that have an improvement to land value (ILV) ratio of less than 0.5. ILV was identified as one indicator to be used to determine redevelopment potential. The ILV consists of the value of any improvements on a parcel divided by the value of the land within the parcel boundaries. The ILV ratio indicates which parcels are under utilized from a development perspective, with a lower ILV ratio 2 There are 12 sites excluded from total sites and acreage count because these sites are the core HE sites identified in the City’s sites inventory list of the draft 6th Cycle Housing Element and are not evaluated to accommodate shelter development.
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indicating greater potential for redevelopment because the value of existing improvements (i.e., buildings) is less than the value of the underlying land. Therefore, based on the analysis performed, nonvacant sites identified in the C-2 zoning district are suitable sites for potential development or conversion to accommodate an emergency shelter facility.
Sites Analysis – Vacant sites with nonresidential zoning that allows residential development The C-2 zoning district has three vacant parcels ranging in size from 0.13 acres to 1.56 acres.
Of the three, staff has identified one vacant parcel (APN 018-140-040) in the C-2 zoning district that can accommodate an emergency shelter as this parcel is vacant, habitable, and in proximity to public transit, amenities, and services. The parcel is a total of 1.56 acres and can provide capacity for up to 20 beds or persons, by assumptions of the permitted number of beds or persons to be housed per the proposed development standards for an emergency shelter.
Additionally, using the assumption of 200 sq. ft. per person, the City has at least 32,200 sq. ft. (0.74 acres) available for an emergency shelter facility at this single vacant parcel.
Therefore, the City has enough capacity in this zone to accommodate emergency shelter facilities either on vacant or nonvacant sites.
Small and Large Family Daycare Homes
State law3 provides for the operation of certain family daycare facilities within residential zoning districts and requires that local agencies consider them to residential uses. The maximum number of children to be cared for in a small family daycare home is eight (8) children and a large family daycare home is fourteen (14) children. State law generally requires that a small family daycare be permitted by right (without discretionary approval) and allows a local agency to require a discretionary approval such as a use permit for a large family daycare with more than fourteen (14) children. PMC section 9-4.401 already allows “child day care homes” for up to 12 children as permitted by-right. The proposed text amendment would update the maximum number of children to be cared for in such a home from twelve (12) to fourteen (14) children to be consistent with the numerical limits in state law (Attachment A). The amendment would also change the terminology used to refer to these uses as “family daycare homes” instead of “child day care homes” and update the definition to align with State law.
Community Care Facilities
The proposed amendments would replace “Special care facility” with “Community care facility” in the permitted and conditional uses section, definitions section, and general provisions section of Chapter 4 (Zoning), of Title 9 (Planning of Zoning) to be consistent with current definitions in Section 1502 of the California Health and Safety Code. Community care facility is defined as any facility place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes a variety of facility’s as listed in Attachment E. The amendment would change the term to ensure clarity that the uses covered are those described in state law.
Consistency with General Plan and Local Coastal Land Use Plan 3Section 1597.45 of the California Health & Safety Code 1 Packet Pg. 11
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The proposed amendments are consistent with the 2040 General Plan and the 1980 Local Coastal Land Use Plan. The proposed amendments are most relevant to the following overall goals and policies of the General Plan and Local Coastal Land Use Plan:
General Plan
• SA-I-27 Critical Facilities Location. Site critical public facilities including hospital and healthcare facilities, emergency shelters, police and fire stations, and emergency communications facilities outside of the tsunami evacuation zone and 100-year flood plains.
• SA-G-9 Emergency Response. Foster an efficient and coordinated response to emergencies and natural disasters.
Local Coastal Land Use Plan
• (Page C-108) Land use regulations and housing programs shall be established which conserve the character and existing patterns of low- and moderate-income residential development existing in Pacifica’s coastal neighborhoods.
CEQA Recommendation
Exempt from the California Environmental Quality Act (Act), pursuant to Section 15269 (Emergency Projects) as the specific action to enact Article 53 “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency, and Section 15061(b)(3) (General Rule Exemption) because the amendments to various sections and articles of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” would include changes to definitions to reflect state law that is already in effect and it can be seen with certainty that these definition changes have no possibility to cause a significant effect on the environment.
The specific action to enact a new Article 53, “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency and would be consistent with the requirements of state law. The proposal is for a text amendment of the PMC to allow the temporary housing of individuals experiencing homelessness and may consist of the minor alteration of existing public or private developed areas or development of emergency shelter facilities to provide facilities to shelter individual’s experiencing homelessness. Additionally, minor text amendments of the Pacifica Municipal Code include updates to the definitions and permitted uses sections to be consistent with the State of California’s definitions for “Community care facilities” and “Family Daycare homes”. Other text amendments include updating the definitions, permitted uses, and off-street parking sections of the Pacifica Municipal Code to integrate the development regulations of “Emergency Shelters”.
COMMISSION ACTION
MOTION FOR APPROVAL: Move that the Planning Commission finds the proposed ordinance is exempt from the California Environmental Quality Act; Adopts the resolution included as Attachment A to the staff report to recommend approval of the proposed ordinance to the City Council; and incorporates all maps and testimony into the record by reference.
ATTACHMENT LIST:
1 Packet Pg. 12
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Attachment A - Draft Resolution (DOCX)
Attachment B - Excerpt of HCD Comment from Draft Housing Element Comment Letter (PDF) Attachment C - Site analysis identifying sufficient capacity (PDF) Attachment D - Maps identifying sites in proximity to services and amenities (PDF) Attachment E - Section 1502 of Health & Safety Code (PDF) 1 Packet Pg. 13
Attachments referenced below are removed from PC Staff Report.
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allow at least four units of housing (e.g., four plex or greater) (Gov. Code, § 65583.2, subd. (c)(4)).
Availability of Infrastructure: The element states that “nearly” all housing sites have the most efficient infrastructure except two areas that will need additional analysis and that may impact the design and timing of the development (p. G-30). Additionally, the element indicates that potential infrastructure constraints related to water pump stations, among other things, may impact a projects ability to reach maximum capacity. First, the element must specifically indicate if total infrastructure capacity (existing and planned) is available to accommodate the RHNA. Second, the element must include a program committing to actions and a timeline to make sufficient infrastructure available to accommodate the RHNA.
Zoning for a Variety of Housing Types:
• Emergency Shelters: Zoning to permit emergency shelters without discretionary action was required as part of the 4th cycle housing element and prior to the 5th cycle housing element. The element states that the City’s zoning regulations does not address emergency shelters (p. G-16) and the City will include a program committing to comply with Government Code section 65583, subdivision (a)(4).). Further, the City provided additional documentation indicating that the City’s definition of special care facilities includes people experiencing homelessness and is permitted by-right for six or fewer persons. However, the City does not explicitly address emergency shelters and only allows by-right approvals for similar uses in limited circumstances (e.g., six of fewer persons).
Additionally, because zoning for emergency shelters was supposed to be completed two planning periods ago and the time to identify appropriate zoning has lapsed, HCD cannot find the element in compliance until the appropriate zoning to permit emergency shelters without discretionary action is demonstrated or completed. For additional information, please see
https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks/zoning-variety-of-housing-types.
As part of implementing zoning changes to permit emergency shelters without discretion, the City should address compliance with parking standards pursuant to Government Code section 65583, subdivision (a)(4)(A) and additional requirements regarding zoning, capacity and habitability pursuant to Chapter 654, Statutes of 2022 (AB 2339). For additional information and timing requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.
• Transitional and Supportive Housing: Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).). The element notes that the City does not currently address supportive and transitional housing and includes Program HE 1-14 (State and Federal Law Attachment B - Excerpt of HCD Comment from Draft HE Comment Letter 9.c Packet Pg. 204 Attachment: Attachment C - Excerpt of HCD Comment from Draft HE Comment Letter (5541 : Adoption of Emergency Shelter Ordinance and Site # Map # Address APN Acres Use Vacant Coastal Zone
Amenities within 0.5 mile or less
for Vacant sites
Improvement to
Land Value Ratio
(ILV) <0.5
1 1 699 Oceana Blvd 009253280 0.662 Nonvacant site ‐ Vacant Structure Spanky's restaurant N/A 0.05 2 1 616 Edgemar Ave 009252060 0.27
Nonvacant site ‐ Only west half of parcel is C‐2, Pacifica Fire Department N/A 0
3 2 1704 Palmetto Ave 016031280 0.11 Nonvacant site ‐ Dial Glass & Window Co N/A 0.384 2 2305 Palmetto Ave 016301140 0.25 Nonvacant site ‐ Recology Coastside N/A 0.32 5 2 N/A 016421140 30.32 Nonvacant site ‐ Residential (in HPD) N/A 06 2 901 Oceana Blvd 009293100 4.86 Nonvacant site ‐ Only west half of parcel is C‐2, Good Sheppard Elementary School N/A 0.96
7 4 2095 Cabrillo Hwy 018051200 0.379 Nonvacant site ‐ Service Station N/A 0.1 8 4 4320 Coast Hwy 018140060 0.23 Nonvacant site ‐ Professional Bldg Kibblewhite Precision Machine N/A 0.24 9 4 4300 Coast Hwy 018140070 0.23 Nonvacant site ‐ Professional Blvd, Pet Hospital N/A 0.69 10 4 N/A 018140040 1.56 Vacant
< 0.5 mile to SamTrans stop and < 0.5
mile from commerical uses of
Rockaway Beach N/A
11 5 5550 Coast Hwy 023072070 1.5 Nonvacant site ‐ Commercial Pedro Point Shopping Center N/A 0.39 12 5 5400 Coast Hwy 023072060 2.63 Nonvacant site ‐ Commercial Pedro Point Shopping Center N/A 0.07 13 5 N/A 023072090 0.13 Vacant ‐ Parking Lot
< 0.5 mile to SamTrans stop and
commercial uses in Pedro Point
Shopping Center N/A
14 5 535 San Pedro Ave 023072110 0.29 Nonvacant site ‐ Commercial N/A 0.75 15 5 N/A 023072100 0.16 Vacant ‐ Parking Lot
< 0.5 mile to SamTrans stop and
commercial uses in Pedro Point
Shopping Center N/A
16 5 500 San Pedro Ave 023073220 0.33 Nonvacant site ‐ Anchor Inn Pacifica N/A 0.59 17 4 427 Harvey Way 022031340 0.2 Nonvacant site ‐ Residential N/A 0.41 18 5 694 Roberts Rd 022142190 2.701 Nonvacant site ‐ Residential N/A 0.34 1 104 Avalon Drive 009166010 0.13 Nonvacant site ‐ PW Corp Yard (HE Site 20) 1 151 Milagra Drive 009252050 0.52 Nonvacant site ‐ PW Corp Yard (HE Site 20) 1 155 Milagra Drive 009252040 0.16 Nonvacant site ‐ PW Corp Yard (HE Site 20) 1 555 Oceana Blvd 009164210 2.59 Nonvacant site ‐ Brentwood Shopping Center (HE Site 32) 1 549 Oceana Blvd 009164220 0.4 Nonvacant site ‐ Brentwood Shopping Center (HE Site 32) 4 N/A 018140700 3.48 Vacant (HPD) (HE Site 12)
4 N/A 018140470 0.31 Vacant (HE Site 11)
4 N/A 018140460 1.12 Vacant (HE Site 11)
4 4275 Coast Hwy 018140050 1.95 Nonvacant site ‐ Lumberyard, Building Materials (HE Site 10) 5 520 San Pedro Ave 023073090 0.965 Nonvacant site ‐ Builders Exchange (HE Site 30) 5 560 San Pedro Ave 023073100 0.525
Nonvacant site ‐ Commercial Ace Hardware/Surface Parking(HE Site 31)
5 560 San Pedro Ave 023073110 0.697 Nonvacant site ‐ Ace Hardware/Surface Parking(HE Site 31) Total acres w/o He
core sites 46.77
Total acres
Nonvacant
sites w/o HE
core sites
44.962
HE Core Sites
Total acres
Vacant sites
w/o HE core
sites
1.85 Attachment C - Site Analysis identifying sufficient capacity Community Commercial (C-2) Zoning District Sites
9.d
Packet Pg. 205
Attachment: Attachment D - Site Analysis identifying sufficient capacity (5541 : Adoption of Emergency Map # Address APN Acres Use Vacant Coastal Zone
Amenities within 0.5 mile or
less for Vacant sites
1 N/A 009131010 3.3 Vacant ‐ Beach Close to amenities but not viable site6 105 Rockaway
Beach Ave 022026280 1.82 Nonvacant ‐ Hotel N/A
6 N/A 022011050 5.22 Vacant ‐ Beach Close to amenities but not viable site 6 145 Rockaway
Beach Ave 022026110 0.05 Nonvacant ‐ Commercial N/A
6 145 Rockaway
Beach Ave 022026120 0.05 Nonvacant ‐ Commercial N/A
6 104 Rockaway
Beach Ave 022023130 0.42 Nonvacant ‐ Commercial N/A
6 100 Rockaway
Beach Ave 022023140 1.24 Nonvacant ‐ Commercial N/A
4 776 Bradford Way 018028180 0.72
Nonvacant ‐ The Moose
Lodge N/A
6 N/A 022011070 1.43 Vacant ‐ Aramai Point Close to amenities but not viable site 6 N/A 022011060 5.042 Vacant ‐ Aramai Point Close to amenities but not viable site 6 N/A 022110070 4.742 Vacant ‐ Aramai Point Close to amenities but not viable site 7 650 Cape Breton Dr 018170060 18.806
Nonvacant ‐ St Francis Riding
Club N/A
5 291 Shoreside Dr 023730200 3.5 Nonvacant ‐ Residential N/A5 315 Shoreside Dr 023730150 0.77 Nonvacant ‐ Residential N/A5 N/A 023730180 0.15 Vacant ‐ Beach Close to amenities but not viable site5 N/A 023071020 0.095 Vacant ‐ Beach Close to amenities but not viable site 5 N/A 023071010 0.09 Vacant ‐ Beach Close to amenities but not viable site 5 N/A 023730250 0.772 Vacant ‐ Beach Close to amenities but not viable site5 N/A 023730240 0.057 Vacant ‐ Beach Close to amenities but not viable site5 315 San Pedro Ave 023011010 1.4 Vacant <0.5 mile to SamTrams stop, retail,
employment, and other services.
5 N/A 023012010 1.19 Vacant
<0.5 mile to SamTrams stop, retail,
employment, and other services.
5 312 Kent Rd 023014070 0.057 Nonvacant ‐ Residential N/A 5 N/A 023014010 2.22 Vacant
<0.5 mile to SamTrams stop, retail,
employment, and other services.
6 5000 Coast Hwy 022191010 0.39 Vacant ‐ Parking lot N/A 6 N/A 022191280 0.66 Vacant ‐ Beach N/A6 5200 Coast Hwy 022191190 0.7 Nonvacant ‐ Taco Bell N/A 7 900 Yosemite Dr 022320999 61.6
Nonvacant ‐ Frontierland
Park (HPD) N/A
7 N/A 022320240 88 Vacant
Far from amentities and services, not a
viable site
Total acres 204.491
Total acres
nonvacant sites 85.406
Total acres vacant
sites 108.784
Attachment C - Site Analysis identifying sufficient capacity Commercial Recreation (C-R) Zoning District Sites
9.d
Packet Pg. 206
Attachment: Attachment D - Site Analysis identifying sufficient capacity (5541 : Adoption of Emergency Map # Address APN Acres Use
6 667 Crespi Drive 022242050 0.42 Nonvacant ‐ Office (outside of Coastal Zone)5 904 Linda Mar Blvd 023124340 0.12 Nonvacant ‐ Office (outside of Coastal Zone)5 985 Linda Mar Blvd 023223010 0.42 Nonvacant ‐ Vetinary Hospital (outside of Coastal Zone) 5 1320 Adobe Drive 023221110 0.48 Nonvacant ‐ Office (outside of Coastal Zone) 6 N/A 023591090 1.05 Nonvacant ‐ Utility equipment (outside of Coastal Zone) Total acres
nonvacant site 2.49
Attachment C - Site Analysis identifying sufficient capacity Professional Office (O) Zoning District Sites
9.d
Packet Pg. 207
Attachment: Attachment D - Site Analysis identifying sufficient capacity (5541 : Adoption of Emergency Map 1 - North Sharp Park
Brentwood
Shopping Center
Pacific Manor
Shopping Center
Attachment D - Maps identifying sites in proximity to services and amenities *
*Parcels in dark and bright red are C-2 Zoning
9.e
Packet Pg. 208 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 : Adoption of Emergency Shelter Ordinance and other Map 2 - Sharp Park
Sharp Park
Library
Eureka
Square
Attachment D - Maps identifying sites in proximity to services and amenities *
*Parcels in dark and bright red are C-2 Zoning
9.e
Packet Pg. 209 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 :
Map 3 - North Pacifica
Attachment D - Maps identifying sites in proximity to services and amenities *Parcels in dark and bright red are C-2 Zoning
*
9.e
Packet Pg. 210 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 : Adoption of Emergency Shelter Ordinance and other -------- -�
,-
0 100 200 m
• C-2 Zoning
DO Zoning - CR Zoning
6, SamTrans Stops -SamTrans Routes
D City of Pacifica Parcels
Rockaway Beach
Plaza
Map 4 - Rockaway Beach
Vallemar
Center
Attachment D - Maps identifying sites in proximity to services and amenities *
*Parcels in dark and bright red are C-2 Zoning
9.e
Packet Pg. 211 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 :
Map 5 - Shelter Cove & San Pedro Beach
Pacifica Community
Center
San Pedro
Shopping Center
Attachment D - Maps identifying sites in proximity to services and amenities *
*Parcels in dark and bright red are C-2 Zoning
9.e
Packet Pg. 212 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 :
Map 6 - Southern Pacifica
Linda Mar
Shopping Center
Pacifica
Community Center
Attachment D - Maps identifying sites in proximity to services and amenities *
*Parcels in dark and bright red are C-2 Zoning
9.e
Packet Pg. 213 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 :
Map 7 - Park Pacifica
Terra Nova High School
Oddstad Elementary
School
Attachment D - Maps identifying sites in proximity to services and amenities 9.e Packet Pg. 214 Attachment: Attachment E - Maps identifying sites in proximity to services and amenities (5541 :
9.f
Packet Pg. 215 Attachment: Attachment F - Section 1502 of Health and Safety Code (5541 : Adoption of Emergency Shelter Ordinance and other Text
9.f
Packet Pg. 216 Attachment: Attachment F - Section 1502 of Health and Safety Code (5541 : Adoption of Emergency Shelter Ordinance and other Text
9.f
Packet Pg. 217 Attachment: Attachment F - Section 1502 of Health and Safety Code (5541 : Adoption of Emergency Shelter Ordinance and other Text
9.f
Packet Pg. 218 Attachment: Attachment F - Section 1502 of Health and Safety Code (5541 : Adoption of Emergency Shelter Ordinance and other Text
9.f
Packet Pg. 219 Attachment: Attachment F - Section 1502 of Health and Safety Code (5541 : Adoption of Emergency Shelter Ordinance and other Text