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 Pacifica City Council 2
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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 Pacifica City Council 3
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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) Pacifica City Council 4
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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 Pacifica City Council 5
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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 Pacifica City Council 6
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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 Pacifica City Council 9
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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 Pacifica City Council 12 December 11, 2023
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
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 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 Pacifica City Council 15 December 11, 2023
* * * * *
(ID # 5541) at 12/11/2023 7:00 PM City Council Regular Meeting