RESOLUTION NO. 2025-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFICA INITIATING TEXT AMENDMENT TA-127-25 AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REPEALING AND REPLACING ARTICLE 49 "SHORT-TERM RENTALS" OF CHAPTER 4 OF TITLE 9 OF THE PACIFICA MUNICIPAL CODE RELATING TO THE
REGULATION AND PERMITTING OF SHORT- TERM RENTALS, AMENDING PACIFICA MUNICIPAL CODE SECTION 9-4.2904 "EXEMPTED SIGNS"; ESTABLISHING FINES FOR VIOLATIONS CONSISTENT WITH GOVERNMENT CODE SECTION 25132 (E); AND
FINDING THE TEXT AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2025-001)
Initiated by: City of Pacifica
WHEREAS, on June 11, 2018, the City Council of the City of Pacifica adopted Ordinance 835-C.S. adding Article 49 "Short-Term Rentals" ("STRs") to Chapter 4 of Title 9 of the Pacifica Municipal Code to establish regulations governing the short-term rental of residential property within the City of Pacifica; and
WHEREAS, on February 27, 2023, the City Council adopted Ordinance 888-C.S. repealing and replacing Article 49 "Short-term Rentals" of Chapter 4 of Title 9 of the Pacifica Municipal Code relating to the regulation and permitting of short-term rentals; and WHEREAS, during 2024, the City Council advanced Goal 3: prioritize protection and development of affordable housing, Strategy 3.2: Update the Short-Term Rental Ordinance of the City's Strategic Plan 2023 to 2030; and
WHEREAS, advancement of Goal 3, Strategy 3.2 of the City's Strategic Plan included a comprehensive evaluation of the program's status and enforcement activity; and
WHEREAS, the City Council held a Study Session on June 24, 2024, to receive information on the Short-Term Rental Program and provide direction on potential ordinance provisions for City staff to research and analyze and bring back to Council; and WHEREAS, the City Council held a Study Session on August 26, 2024, with continued deliberations occurring on September 8, 2024, to consider implementation impacts for each of the policy and regulatory compliance topics discussed at the June Study Session, and to provide direction on provisions for the updated Short-Term Rental Ordinance; and
WHEREAS, on November 5, 2024, city staff consulted with California Coastal Commission staff to discuss feasibility of the proposed text amendments; and WHEREAS, during the November 5, 2024 consultation between City staff and CCC staff, four areas of potential concern were identified and feedback was provided, including parking requirements, short-term rental density limitations, use of multi-family dwellings as short-term rentals, and minimum rental duration requirements; and WHEREAS, on December 4, 2024, the City Council held a Special Council Meeting to receive updates regarding the November 5, 2024 consultation meeting between City staff and California Coastal Commission discuss the four topics of concern and provide feedback and direction to staff on ordinance provisions and amendments; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-127-25 (File No. 2025-001) ("Draft Ordinance") on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6 to 0 with 0 of absences, initiating and recommending City Council approval of Text Amendment TA127-25.
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Pacifica as follows:
The above recitals are true and correct and material to this Resolution.
In making its findings, the Planning Commission relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
3. The Planning Commission hereby finds as follows:
a. The proposed Draft Ordinance and included amendments to Article 49 are consistent with General Plan Program HE-I-7 Preserve Existing Affordable Housing Units, in that:
i. The Draft Ordinance specifically addresses preservation of existing affordable housing as it includes provisions limiting the use of multi-family units as STRs to hosted STRs only.
il. Provisions limiting the use of multi-family units for STR purposes helps to ensure the continued availability of an important source of affordable housing, and provides opportunities for residents to supplement their income, potentially improving housing
affordability.
b. The proposed amendments Policy ES-G-1 Leverage Assets (Leverage Pacifica's coastal location and unique assets as a primary means to strengthen the local economy, focusing on increasing tourism facilities, including shops, hotels, restaurants, and hiking trails), in that:
i. Short-term rentals increase tourism by providing a diverse range of accommodation options; and
ii. Short-term rentals contribute to the City's local economy by generating business license tax and transient occupancy taxes (TOT), revenues from which can be used to fund essential city services such as infrastructure and recreation facility improvements, benefiting both the tourist and local economies; and
iii. Short-term rentals attract a diverse tourist base to the city, introducing new customers to local shops and restaurants; and iv. Tourists who patronize these local businesses directly strengthen the local economy by generating revenue for local businesses and contributing to the city's sales tax base; and
v. Short-term rentals provide supplemental income opportunities for Pacifica residents, fostering economic empowerment and
enabling contribution to the local economy through increased spending at local businesses, or by pursuing their own local business; and
vi. By establishing additional short-term rental regulations and improving enforcement actions, amendments to the short-term rental Program effectively leverage the city's unique assets and strengthen the local economy.
c. The proposed amendments are consistent with General Plan Policy ES-I-7 Mixed Land Uses (Promote development of a broader mix of revenue- generating land uses, including hotels, to increase the City's fiscal benefits), in that:
i. The promotes a broader mix of revenue-generating transient occupancy uses; and
ii. Allowing short-term rentals to operate within the City offers a diverse range of accommodation options catering to different budgets and travel styles; and
iii. Short-term rentals attract a diverse range of tourists to the City of Pacifica, thereby enhancing the City's fiscal health through revenue generated from business license, TOT, and sales taxes; and
iv. Allowing short-term rentals to operate within the City stimulates the local economy by increasing revenue generated by local businesses and short-term rental operators.
d. The proposed amendments are consistent with General Plan Policy CD- G-3 Neighborhood Conservation (Preserve the unique qualities of each of Pacifica's residential neighborhoods. Incorporate neighborhood narratives into the General Plan to reflect these unique qualities and inform appropriate development standards and other policies), in that:
i. The Draft Ordinance preserves the unique qualities of residential neighborhoods by distinguishing between hosted and unhosted rentals and expanding operating regulations that address potential neighborhood impacts such as noise, litter, and parking. e. The proposed amendments are consistent with General Plan Policy CD-I- 6 Accessory Dwelling Units (Facilitate the creation of accessory dwelling units that contribute to the variety of available housing and do not disrupt neighborhood character. Update the Zoning Ordinance and Design Guidelines to address the integration of accessory dwelling units into the neighborhood fabric), in that:
i. The amended Short-Term Rental Program facilitates the creation of accessory dwelling units (ADU) that contribute to the variety of available housing by maintaining prohibitions on the use of ADUs and junior ADUs as STRs, ensuring that accessory dwellings continue to contribute to the variety of available housing and discouraging the construction of accessory dwellings for the sole purpose of use as STRs; and
ii. The amended Sort-Term Rental Program permits the use of ADUs and JADUs as part of a hosted short-term rental operation where the operator occupies the ADU or Junior ADU and the primary dwelling is rented on a short-term basis, enabling homeowners to supplement their income by offering their primary residence as a short-term rental, while maintaining their ADU or Junior ADU for personal use.
f. The proposed amendments are consistent with in Pacifica's Local Coastal Land Use Plan, Coast Act Policy No. 5, (lower cost visitor and recreational facilities and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided) in that:
i. The proposed amendments maintain allowances for STRs within the Coastal Zone, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
The public necessity, convenience, and general welfare clearly permit the adoption of the Draft Ordinance, in that clarifying operating regulations for hosted and unhosted short-term rentals reduces neighborhood impacts and ensures short-term rentals operate in a compatible manner with existing residential uses.
5. The Planning Commission further finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061(b)(3) of the State CEQA Guidelines, because CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. This Ordinance is an exercise of the City's police power to reduce the adverse effects of short term rentals. As a result, this Ordinance will not result in direct or indirect physical changes in the environment and is not subject to CEQA.
Implementation of the Draft Ordinance in areas located within the coastal zone is contingent upon the California Coastal Commission's certification of a Local Coastal Program Amendment (LCPA)
BE IT FURTHER RESOLVED, the public testimony related to the Draft Ordinance has demonstrated that the presence of short-term rentals in residential neighborhoods has created quality of life issues including noise, trash, and parking congestion; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby recommend approval to the City Council of the City of Pacifica the zoning text amendment described in Text Amendment TA-127-25 attached hereto as Exhibit A to this Resolution and additional recommended changes as set forth in Exhibit B, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 21ª of January 2025.
AYES, Commissioners: HAUSER, DEVINE, FERGUSON, BERMAN, GODWIN, REDDFIELD NOES, Commissioners:
ABSENT, Commissioners:
ABSTAIN, Commissioners:
Chair Hauser (Feb 19, 2025 13:59 PST)
Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
Samantha Updagrave
Samantha Updegrave, Michelle Kenyon, City Attorney
Community Development Director
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
ORDINANCE NO..
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING ARTICLE 49 (SHORT TERM RENTALS) OF CHAPTER 4 OF TITLE 9 OF THE
PACIFICA MUNICIPAL CODE RELATING TO THE REGULATION AND PERMITTING OF
SHORT-TERM RENTALS AND ESTABLISHING FINES FOR VIOLATIONS CONSISTENT WITH GOVERNMENT CODE SECTION 25132(E); AMENDING PACIFICA MUNICIPAL CODE SECTION 9-4.2904 (EXEMPTED SIGNS) (TEXT AMENDMENT TA-127-25); AND FINDING
ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2025-001)
WHEREAS, on June 24, 2024, August 26, 2024, September 9, 2024, and December 5, 2024, the City Council of the City of Pacifica considered and provided input on ordinance revisions to the City's Short-Term Rental Ordinance enacted on [insert date]; and WHEREAS, since enactment of the Short-Term Ordinance, residents have commented to the City Council about impacts of Short-term Rentals, including the loss of parking, excessive noise, disruptions to the community, loss of neighborhood integrity and other deleterious impacts; and
WHEREAS, the City Council has also received public comments relating to the sale of residential property in Pacifica for the singular purpose of using the property as a Short-term Rental, which can negatively impact the community by reducing housing units available for long- term residential use; and
WHEREAS, Short-term Rentals can provide benefits to the community by providing economical options for transient lodging as well as income generating opportunities for property owners in Pacifica; and
WHEREAS, it is in the public interest to minimize the adverse impact of Short-term Rental activity on the health and safety of residents and visitors and to ensure such activity is conducted in a manner that preserves existing housing, communities and neighborhood integrity; and
WHEREAS, regulations that balance the benefits to the community from Short-term Rentals and address the negative impacts from Short-term Rentals are important to provide assurances to the community and long-term stability to Short-term Rental operators and guests; WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-127-25 (File No. 2025- 001) on MONTH DAY, YEAR, and adopted Resolution No. ##I# by a vote of X initiating and recommending to the City Council adoption of Text Amendment TA-127-25 (File No. 2025-001); and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on MONTH DAY, YEAR and introduced Ordinance No. ##I# on the same date; and NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
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. Amendment. Article 49, "Short-Term Rentals" of Chapter 4, "Zoning" within Title 9, "Planning and Zoning" is repealed and replaced in its entirety to read as follows:
"Sec. 9-4.4900. Purpose and intent.
The purpose of this article is to establish regulations governing the Short-term Rental of residential property within the City of Pacitica in order to ensure the health, satety, and welfare of the residents of the City of Pacifica, and to allow for the short-term rental of single-family and multi-family dwelling units for less than thirty (30) consecutive days, while still preserving the residential character of neighborhoods, and preventing Short- term Rental activities from becoming a nuisance or a threat to public health, safety or welfare.
Sec. 9-4.4901. Definitions.
For the purposes of this article, unless otherwise apparent from the context, the following words and phrases are defined as set forth below:
(a) "Administrator" means the Assistant City Manager or designee. (b) "Advertising platform" means a marketplace in whatever form or format which facilitates Short-term Rentals through advertising, matchmaking, or any other means, using any medium of facilitation, and from which the operator of the platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
(c) "Condominium" or "Condominiums" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment house, office, or store. "Condominium" may include, in addition, a separate interest in any other portion of such real property.
(d) "Events" mean weddings, conferences, retreats, commercial events, loud or disruptive gatherings of any kind, parties or any other similar gatherings which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood
(e) "Legally Permitted Bedroom" means the number of bedrooms that are officially approved for occupancy within a dwelling unit, as reflected in the building permit records of the City of Pacifica.
(f) "Multi-family development" means a building, or portion thereof, used and designed as a residence for two (2) or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.
(g) "Noise Monitor" means a noise detecting alarm sensor device with a call-assist feature that is located on the exterior of the rental property or other noise detecting device/sensor with features that do not have a camera, record conversations, nor store any personal data. The Noise Monitor shall have the capability of detecting noise at levels established by the operator in order to comply with the regulations found in the Pacifica Municipal Code. A Noise Monitor is not a Type | or II Sound Level Meter (SLM).
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(h) "Operate" means the operation of a Short-term Rental, and includes the acts of establishing, offering, maintaining, or listing for rent a Short-term Rental with an Advertising platform.
"Operator" means the Person who has applied for a Short-term Rental Permit or has been issued a Short-term Rental Permit by the City. () "Person" means natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity. (k) "Permit" or "Short-term Rental Permit" means a permit issued by the City pursuant to this Article to allow the use of a Short-term Rental on a Site. (1) "Primary residence" means a residence where a Person resides, full-time, for more than six months out of the year.
(m) "Rental" means the occupancy or use of a dwelling unit property, in exchange for any form of rent that may be valued in money, including cash, credit, goods, labor, or property, regardless of whether such rent is actually received. (n) "Responsible party" shall mean a Person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pacifica Municipal Code by all Short-term Renters and visitors of a Site for a Short-term Rental, twenty-four (24) hours per day, seven (7) days per week when the Operator is not available.
(0) "Single-family dwelling unit" means a building designed for, or used to house, not more than one family, including all necessary employees of such family. (p) "Site" shall mean the assessor's parcel upon which the Short-term Rental is located
(q) "Short-term Rental" means the use of a dwelling unit, or portion of it, for a Rental of less than thirty (30) consecutive days. A "Short-term Rental" can be either Unhosted or Hosted.
i. "Hosted Short-term Rental" means a Short-term Rental use where a resident, who is the operator and acting as a host, occupies one or more bedrooms in a dwelling unit or an accessory dwelling unit on the same Site as the Short-term Rental while other areas of the dwelling unit or main residence on the Site are rented for the purpose of transient overnight lodging
ii. "Unhosted Short-term Rental" means a Short-term Rental use where no Operator is present on the Site during the course of the Rental. (г) "Short-term Rental Permit cap" means the maximum number of Short-term Rental permits that may be issued at any given time by the City. (s) Short-term Renter. A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full days in a Short-term Renal.
Short-Term Renters also include all Persons who occupy the Short-Term Rental during the overnight hours of 10:00 p.m. to 8:00 a.m.
In the event of a conflict between the words and phrases defined in this article and the words and phrases defined Title 9 "Planning and Zoning, Chapter 4 "Zoning", Article 2 "Definitions", the definitions in this article shall prevail.
Sec. 9-4.4902. Permits required for Short-term Rentals - Permit Cap.
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(a) The Short-term Rental of residential dwelling units is a prohibited use in every zoning district in the City, with the exception of permitted Short-term Rentals approved pursuant to the requirements of this article.
(b) Subject to the requirements of this article, including the Short-term Rental Permit cap, Short-term Rentals are allowed as accessory uses to residential dwelling units in all zoning districts where residential dwelling units are allowed as a permitted or conditional use.
(c) Permit Cap. The Short-term Rental Permit cap shall be one hundred fifty (150) Short-term Rental Permits at any given time. The Administrator shall not approve any applications for Short-term Rental Permits once the Administrator has determined that the Short-term Rental Permit cap has been reached. (d) The Administrator shall create a waiting list where the number of Short-term Rental applicants exceeds the total number of available Short-term Rental Permits. Pursuant to Section 9-4.4904(g) of this article, Short-term Rental applications for qualifying properties on the wait list shall be processed in the order applications were received.
Sec. 9-4.4903. Standards applicable to Short-term Rental Sites.
The following standards shall apply to any Site offered as a Short-term Rental. No Short- term Rental Permit shall be issued if the Site is not compliant with the following:
(a) In accordance with Section 9-4.453(a)(6) and 9-4.454(a)(6), no Person may operate a Short-term Rental in any accessory dwelling unit or junior accessory dwelling unit. However, the Operator of a Hosted Short-term Rental may reside in an accessory dwelling unit or junior accessory dwelling unit on the Site and Operate the Hosted Short-term Rental in the primary residence on the Site; (b) No Person shall Operate or allow a Short-term Rental in any location not approved for use as a permanent dwelling unit including, but not limited to, any vehicle, trailer, tent, storage shed or garage;
(c) Each Person Operating a Short-term Rental shall have their Primary Residence at the Site of the Short-term Rental. If the Person is a corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity, the managing member of the limited liability company, officer of the corporation, or trustee of the business trust or estate or a partner must have their Primary Residency on the Site. To prove Primary Residency, the Person must provide at least three forms of documentation to the Administrator evidencing that the Site of the Short-term Rental is their Primary Residence for more than six months of the year. Documentation can include, but is not limited to, proof of homeowner's tax exemption, voter registration card or certificate, or proof of vehicle registration
(d) An Operator shall Operate only one Short-term Rental at any given time; (e) For a single-family residential unit or a residential condominium dwelling unit, one Short-term Rental may Operate as an accessory use on the Site; and PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(f) For a Multi-family development, only Hosted Short-term Rentals may be Operated as an accessory use to an individual unit within the Multi-family development.
Sec. 9-4.4904. - Short-term Rental Permit required.
Subject to those requirements in Section 9-4.4903 and subject to the Short-term Rental Permit cap specified in Section 9-4.4902, a Short-term Rental Permit along with a Short- Term Rental Permit number may be approved and issued by the Administrator, provided that the Administrator determines the applicant has met the following requirements:
(a) Application. Any Person seeking to operate a Short-term Rental must complete an application on a form provided by the City, accompanied the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:
i. Name and contact information of the Operator. All adults for whom the property is a permanent residence shall be listed;
ii. The name and contact information of the authorized Responsible Party.
Any change in the Responsible Party's address or telephone number shall be promptly furnished to the City within 48 hours of such change; ili. Site plan showing location, dimensions, and use of all existing buildings on the Site, and on-Site parking;
iv. Floor plan showing the use of all rooms per the California Building Code, and identifying Legally Permitted Bedrooms Rooms to be used for the Short-term Rental;
V. If the Operator is not the property owner, the property owner's written consent to the Short-term Rental use;
vi. The Operator shall provide documentation required by section 9-4.4903(c) that the Site is the Operator's Primary Residence;
vii. Identification of whether the Short-term Rental shall be a Hosted or Unhosted Short-term Rental or combination of both, and the estimated number of nights per year the Short-term Rental will be rented:
vili. Advertising platforms) used by the Operator to advertise the Short-term Rental;
ix. Proof that the Operator has installed a Noise Monitor on the exterior of the Short-term Rental in a location to ensure that accurate noise levels can be taken by the Noise Monitor;
x. Any other information the Administrator deems reasonably necessary to administer this article; and
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
Xi. The permit application and any associated business licenses shall include an affidavit signed by the owner under penalty of perjury stating that all the information in the application is correct and that the owner maintains full responsibility that the Short-term Rental shall be advertised, rented, operated, and maintained in compliance with this article and all other relevant municipal codes. Failure to sign the affidavit shall be grounds for denial of a Short-term Rental Permit.
(b) The permit application shall be accompanied by an application fee in an amount established by City Council resolution. Applications for a Short-term Rental Permit shall not be deemed complete until all information required by this article is provided and the Short-term Rental application fee, as set by City Council resolution, is paid to the City.
(c) The permit application shall be accompanied by a signed safety declaration in a form prepared by the Administrator, to be kept in the property file at the City, self- certifying that the Short -term Rental is in a safe and habitable condition and contains working smoke detectors), carbon monoxide detectors), and fire extinguishers have been installed and maintained consistent with the requirements of and in compliance with the California Fire Code, as adopted by the City in Title 4, Chapter 3, Article 1 of this Code and the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8 of this Code.
(a) Inspection of Unhosted Short-term Rentals. For Unhosted Short-term Rentals, the City shall conduct a health and safety inspection of the proposed Short-term Rental unit prior to issuing a Short-term Rental Permit. A health and safety inspection shall include verification of the number of Legally Permitted Bedrooms, the presence and operation of working smoke detectors), carbon monoxide detectors), and fire extinguishers. The City shall also verify that no space has been converted into a bedroom or living space without permits required by the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8, or any other provision of this Code.
(e) Consent to Inspection and Production of Records. For all Short-term Rentals, the permit application shall be accompanied by a consent to inspection in a form prepared by the Administrator, which shall be signed by the Operator and if the Operator is not the owner of the Site, the owner of the Site consenting to (i) physical inspection(s) by city staff, contractors, or representatives for the purpose of verifying compliance with this article during regular business hours (7:30 a.m. to 5:30 p.m.) upon forty-eight (48) hours' notice and (i) that if said inspection is deemed necessary by the Administrator because of complaints received by the City of non-compliance, the Operator will produce records demonstrating compliance with all provisions of this article within seven (7) calendar days of the request.
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(e) Compliance with the Municipal Code. No Short-term Rental Permit shall be issued if there are any unresolved or outstanding building, electrical, plumbing, fire, health, housing, police, or planning violations or enforcement actions issued by the City or other enforcement agency, including but not limited to, any administrative citations, notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices related to the Site. (f) Compliance with Operation Requirements. No Short-term Rental Permit shall be issued if the Site has had two or more violations of this article within twelve months prior to application submittal. No Short-term Rental Permit shall be issued if the Operator has had a Short-term Rental Permit revoked within twelve months of the application date by the City of Pacifica.
(g) Waitlist. The Administrator will maintain a waiting list when the number of Short- term Rental applicants exceeds the Short-term Rental Permit cap identified in Section 9-4.4902. The Administrator will continually maintain the Short-term Rental Permit cap inventory as Permits are not renewed or revoked. Persons wishing to be placed on the waitlist shall submit a waitlist application on a form provided by the City accompanied by the completed Short-term Rental Permit application required by Section 9-4.904(a). A nonrefundable waitlist application fee in an amount established by resolution of the City Council shall be remitted with the application. Short-term Rental applications for qualifying properties on the waitlist will be processed bi-annually between October 31 and November 30 of each year and between April 30 and May 31 of each year based on the date of receipt of the application, starting with the oldest date. The Administrator, in their discretion, may require an Applicant placed on the waitist to provide updated information at the time a Short-Term Rental Permit becomes available, in accordance with requirements in place at the time the application is being considered. (h) Appeals of Determination of Administrator. Any decision of an Administrator relating to an application or the waitlist may be appealed within ten (10) days of the decision of the Administrator to an administrative hearing officer, pursuant to the process specified in section 9-4.4908(d).
Sec. 9-4.4905. Operation Requirements.
A Short-term Rental must comply with the following operation requirements at all times that the Short-term Rental Permit is issued:
(a) Permit required. The Short-term Rental must be operated under a valid Short- term Rental Permit issued by the City in accordance with Section 9-4.4904; (b) The Operator shall, during the term of the Short-term Rental Permit, promptly inform the Administrator regarding any changes to the information provided in the application, including contact information and Advertising platforms) used by the Operator to advertise the Short-term Rental;
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(C) The Operator shall, at all times while the Site is being used as a Short-term Rental, maintain a Responsible Party that can be reached via telephone twenty- four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the Short-term Rental. The Responsible Party shall respond, either in person, or by return telephone call, within thirty (30) minutes of a complaint. The Operator can be identified as the Responsible Party if they can satisfy these requirements;
(d) The Operator must provide the following materials electronically to any Short- term Renters before arrival and make available printed materials on-site for the guest with the following information:
i. A diagram of exits, fire extinguisher locations, and fire and police contact ii. The Short-term Rental Operator's contact information; The Responsible Party's contact information;
iv. Information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations, disclosure that the property is equipped with a noise monitoring device, quiet hours, and trash and recycling disposal requirements;
iii. The City's noise regulations (Chapter 10 of Title 5 of this Code); and IV. The City's Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code);
(e) The Operator shall include the City-issued Short-term Rental Permit number in any Advertising platform or any other advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of a Short-term Rental on the Site. The Short-term Rental Permit number must also be prominently and legibly included in the first line of the property description text in any advertisement in the following format: "City of Pacifica Short-term Rental Permit No. ###|#"; (f) Each Short-term Rental Site shall be identified with a single exterior sign, not more than six (6) square feet in total area, posted either at the front of the Site, for single family dwellings, or on the door if it is a Multi-family dwelling unit or condominium, indicating the Site is being utilized as a Short-term Rental. The sign shall include the Short-term Rental Permit number and a Quick Response (QR) code with both the Operator's name and contact information and the Responsible Party's name and contact information, if different. At a minimum, the sign shall be posted while the Site is being utilized as a Short-term Rental; (g) A Short-term Rental shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity or neighborhood parking impacts. The property address shall be clearly marked;
(h) A Short-term Rental shall comply with all provisions of the Pacifica Municipal Code, including, but not limited to the City's noise regulations (Chapter 10 of Title 5 of this Code) and the Loud and Unruly Gatherings and Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code) and the Building Regulations (Chapters 1-17 of Title 8 of this Code);
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Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(i) A Short-term Rental shall comply with all applicable state and local laws and orders, including any public health order;
Each Person Operating a Short-term Rental shall comply with the transient occupancy tax requirements set forth in Chapter 7 of Title 3 (Transient Occupancy Tax) of this Code, and shall obtain a Transient Occupancy Registration Certificate pursuant to the Section 3.7-06 for the entire period of time the Site is used as a Short-term Rental;
(k) Each Person Operating a Short-term Rental shall obtain a business license and pay the business license tax required pursuant to Chapter 1 of Title 3 (Business Licenses) of this Code for the entire period of time the Site is used as a Short- term Rental;
(1) Maximum overnight occupancy for all Short-term Rentals shall not exceed two (2) Short-term Renters per Legally Permitted Bedroom. Children under the age of twelve (12) shall not count towards these occupancy limits; (m) In addition to the maximum number of Short-term Renters allowed, the number of guests and visitors allowed at any time in a Short-term Rental shall not exceed one half of the maximum Short-term Renters allowed;
(n) Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.;
(o) In addition to the noise standards identified in Chapter 10 of Title 5 and Chapter 28 of Title 5 of this Code, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any s Short-term Rental. Any machine, device or equipment that amplifies music inside any Short-term Rental shall not be heard beyond the property line of the Short-term Rental at all times; (p) Each Operator shall install and maintain in continuous operation a Noise Monitor on the exterior of the Short-term Rental to ensure compliance with the City's noise regulations (Chapter 10 of Title 5 of this Code). The Operator shall retain a record of the Noise Monitor readings for a period of thirty (30) days after each Rental of the Short-term Rental;
(a) The Short-term Rental must provide at least one off-street parking space per Legally Permitted Bedroom that is being utilized as a Short-term Rental, which shall be dedicated and available to Short-term Renters during the period of the Rental;
(r) Short-term Rentals shall not be concurrently used for any commercial Event (such as a corporate retreat or conference), and shall not be used for any non- other standarde regat is i kely to result in a datin or atro akin his od.
Home occupations conducted by the primary resident compliant with the City's home occupation ordinance are allowed; provided that parking and all other requirements for both the Short-term Rental and the home occupation are met; PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(S) Short-term Rental use shall comply with trash and recycling requirements and scheduled solid waste pick-up days at least once per week. Trash and recycling containers shall be located to be readily accessible for servicing, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or any other places as to constitute a nuisance; and
(t) Unhosted Short-Term Rentals. The following additional operation requirements shall apply only to Unhosted Short-term Rentals:
i. An Unhosted Short-term Rental shall be Operated no more than ninety (90) nights per calendar year, commencing on January 1st of each year. ii. Minimum Stay. Unhosted Short-term Rentals shall have a minimum two consecutive night stay for Short-term Renters.
ili. Unhosted Short-term Rentals are prohibited in Multi-family development units.
Sec. 9-4.4906. Record Keeping.
The Operator shall retain records documenting the compliance with this article for a period of three years after any Short-term Rental, including, but not limited to, records indicating the history of all Short-term Rental reservations on the subject property from the Advertising platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, and number of Persons per reservation. The Operator shall provide any such documentation to the City within thirty (30) days of the City's request. Notwithstanding the foregoing, readings from the Noise Monitor shall be retained for a period of thirty (30) days after the Rental of the Short-term Rental.
Sec. 9-4.4907. Permit term and renewal.
(a) Term. A Short-term Rental Permit is valid for one year from the date of issuance until October 31st of each year, unless suspended or revoked by the Administrator prior to October 31st.
(b) Renewal. The Short-term Rental Permittee may renew the permit annually by submitting a renewal application, in a form prepared by the Administrator, and applicable fee between October 1st and October 31st of each year, regardless of when the Short-term Rental permit was issued. If a renewal application and fee are not filed prior to the October 31s deadline, the Short-term Rental Permit shall expire automatically. Under such conditions, the Operator shall be required to apply for and obtain a new Short-term Rental Permit, subject to the requirements in effect at the time an application is submitted
i. Renewal applications shall be reviewed for compliance with this article. If a Short-term Rental Operator is not in compliance with this article, the Short-term Rental shall not be renewed.
Proof of Rental Nights. For any renewal, the Operator shall provide documentation of the number of nights the unit was rented during the PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
prior year, including whether the unit was used as a Hosted Short-term Rental or an Unhosted Short-term Rental.
Sec. 9-4.4908. Permit Suspension and Revocation
(a) Permit suspension. The Administrator may suspend a Short-term Rental Permit, at the Administrator's sole discretion, after making a determination that the Operator has violated any provisions of this article if the Administrator determines that the nature of the violation may be corrected within a reasonable period of time.
(b) Permit revocation. The Administrator may revoke a Short-term Rental Permit, at the Administrator's sole discretion, after making a determination that the Operator has violated any of the provisions of this article or is operating the Short-term Rental in a manner that is detrimental to the public health, welfare or safety or constitutes a nuisance. A Short-term Rental Permit may also be revoked for the following reasons:
i. That the Short-term Rental Permit was obtained by misrepresentation, false statement, or fraud;
ii. That the Short-term Rental activity is being conducted in violation of local or state or federal law;
ili. That two violations of this article have occurred on the Site within the preceding twelve months;
iv. That the Short-term Rental is being operated in a manner that is detrimental to the public health, welfare or safety;
V. That consent to an inspection has not been provided; or vi. That records documenting the compliance with this article, including, but not limited to, records indicating the history of all Short-term Rental reservations on the Site from the Advertising Platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, number of Persons per reservation and were not provided to the City within thirty (30) days of the City's request. (c) The Administrator shall provide the Short-term Rental Operator with written notice stating the supporting factual basis for the decision. The notice shall contain an advisement of the right to request an appeal before a hearing officer by filing a written appeal.
(d) Appeal to Hearing Officer. Suspension or revocation issued by the Administrator pursuant to paragraph (a) or (b) will be effective ten (10) days from the date appearing on the notice, unless a timely appeal is filed before such date along with the deposit of an appeal fee established by resolution of City Council. A hearing shall be scheduled before the hearing officer within thirty (30) days. The decision of the hearing officer shall be a final administrative order, with no further administrative right of appeal or reconsideration. The hearing officer may sustain PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
a denial, suspension, or revocation, overrule a denial, suspension, or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. (e) Reapplication. No application for a Short-term Rental Permit will be accepted within one year after a Short-term Rental Permit is revoked.
Sec. 9-4.4909. Violations and enforcement.
(a) The City may issue a notice of violation or administrative citation for any violation of this article, to any occupant, invitee, renter, lessee, owner of the property, Operator, Responsible Party, managing agency or agent, and/or Advertising platform for a violation of any provision of this article or other provisions of the Code pursuant to Title 1 of this Code.
(b) Each and every day, or portion thereof, that a violation of this article and/or Code exists constitutes a separate and distinct violation for which a notice of violation or administrative citation may be issued. Such notice of violation or administrative citation shall be issued, notice given, and any appeals heard in the manner and by the process described in Title 1 of this Code.
(C) A violation of any provision of this article, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. The fine amount for each violation shall be one thousand dollars ($1,000.00). Notwithstanding the preceding sentence or any other section of this article, a violation of this article may, in the discretion of the enforcement officer be charged and prosecuted as an infraction. In addition, the City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Title 1 of this Code.
(d) Pursuant to Government Code Section 36900(d), for infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same provision within one (1) year. Operation of a Short-term Rental without a permit or violations of the any of the provisions of this article shall be deemed to pose a threat to public health or safety
i. For fines imposed under this subsection, the Administrator may grant a hardship waiver to reduce the amount of the fine upon a showing by the Short-term Rental permittee that the Short-term Rental permittee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations.
The fines set forth in this subsection shall not apply to a first-time offense of failure to register or pay a business license fee.
PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
(e) Revocation. In addition to the fines and penalties imposed by this section, upon a second violation of this article within a twelve (12) consecutive month period, the Administrator shall revoke the Short-term Rental Permit. (f) Cost Recovery. The City's costs to enforce this section are the responsibility of the Operator. The costs may be recovered pursuant to Chapter 2 of Title 1 of this Code, Government Code Section 38773 et seq. and any other legal method. (g) Administrative Subpoenas. The city manager, or designee, shall have the authority to request the city attorney to subpoena witnesses to compel their attendance and testimony at hearings and to require the production of books, papers, records or other relevant items regarding Short-term Rental listings located in the City, including, but not limited to, the names of the Persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the Short-term Rental listings comply with this article. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A Person, Advertising platform, or Short-term Rental operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period.
Sec. 9-4.4910. Administrative Regulations. The Administrator is authorized to promulgate any policies or procedures necessary to implement and enforce this article, including, but not limited to administering the waitlist set forth in Section 9-4.4904(g) and a process for accepting and prioritizing applications received after the Short-term Rental permit cap set forth in Section 9-4.4902 is reached.
Sec. 9-4.4911 Application of Ordinance to Issued Short-term Rental Permits. (a) Areas outside the Coastal Zone. Upon the Effective Date of this Ordinance, the following provisions of this Ordinance shall be immediately applicable to all Short-term Rentals in areas outside the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-4.4902, 9-4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9-4.4907, 9-4.4908, 9-4.4909 and 9-4.4910. All other provisions of this Ordinance (Sections 9-4.4903(c) through (f) and 9-4.4905(I) through (t)) shall not apply to Short-term Rentals that have been issued a Short-term Rental Permit prior to the Effective Date of this Ordinance until that Short-term Rental Permit is renewed, terminated, or revoked.
(b) Areas within the Coastal Zone: Upon certification by the California Coastal Commission of an amendment to the City's local coastal program relating to the adoption of this Ordinance, the following provisions of this Ordinance shall be immediately applicable to all Short- term Rentals in areas within the Coastal Zone: Sections 9-4.4900, 9-4.4901, 9-4.4902, 9-
4.4903(a) and (b), 9-4.4904, 9-4.4905(a) through (k), 9-4.4906, 9-4.4907, 9-4.4908, 9-4.4909, and 9-4.4910. All other provisions of this Ordinance (Sections 9-4.4903(c) through (f), 9-4.4905(l) through (t)) shall not apply to Short-term Rentals that have been issued a Short-term Rental Permit prior to the date of Coastal Commission Certification until the Short-term Rental Permit is renewed, terminated or revoked, or two years from the date of adoption of the Ordinance, whichever is earlier.
PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
Section 3. Amendment. Article 29 of Chapter 4 of Title 9 is amended by adding subsection (t) to Section 9-4.2904. Exempted signs which shall be read as follows:
"Sec. 9-4.2904. - Exempted signs.
(t) Short-Term Rental signs required pursuant to, and in compliance with, Section Sec. 9-4.4905 Operation Requirements" Are exempt from the permit requirements and provisions of this Article."
All other subsections within Section 9-4.2904 shall remain unchanged.
Section 4. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment. The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
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. 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 not become effective until the California Coastal Commission certifies an amendment to the City's local coastal program pursuant to Section 30514 of the Public Resources Code.
Section 8. PASSED AND ADOPTED this_ day of _, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit A -Draft Ordinance
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney PC Ord draft
Planning Commission Resolution No. 2025-001
Exhibit B - Recommended Draft Ordinance Changes
# Draft Ordinance - Pacifica PC Recommendation
Municipal Code Section
Table key: Underlined text = add / Strikethrough = delete Definitions, PMC Sec. 9-4.4901
1 Sec. 9-4.4901 (f) For avoidance of doubt, add "duplex, triplex, and attached "Multi-family development" product inclusive of attached single-family dwellings) are included in the definition of multifamily development" to the list of uses considered a multi-family use under this definition.
2 Sec. 9-4.4901 (k) ... means a permit issued by the City pursuant to this Article "Permit" or "Short-Term to allow the use of a single Short-Term Rental on a single Rental Permit" Site.
3 Definitions 9-4.4901 (n) "Responsible party" shall mean a natural person Person, "Responsible Party" over the age of eighteen (18) ....
4 Definitions 9-4.4901(0) For avoidance of doubt, add "Single-family attached homes "Single-family dwelling unit" are not included in this definition." Standards applicable to Short-Term Rentals, PMC Sec. 9-4.4903 5 Clarify what is meant by "approved" in this context.
(location standards)
No Person shall Operate or allow a Short-term Rental in any location not approved (received Certificate of Occupancy or equivalent final inspection) for use as a permanent
dwelling unit including, but not limited to, any vehicle, trailer, tent, storage shed or garage;
Short-term Rental Permit required 9-4.4904
6 Sec. 9-4.4904(a)(i) For clarity and to protect privacy, separate name and Application contact of operate from list of adults who reside onsite, and renumber section.
i. Name and contact information of the Operator.
ii. All adults for whom the property is a permanent
residence shall be listed;
ili. i. The name and contact information of the authorized Responsible Party. Any change in the Responsible Party's address or telephone number shall be promptly furnished to the City within 48 hours of such change;
(renumber remainder)
iv. Floor plan showing the use of all rooms per the California Building Code and identifying Legally Permitted Bedrooms, rooms and doors to be used for the Short-term Rental.
Sec. 9-4.4904(a)(x) Remove: Any ether information the At ministrator teems 7 Application reasonably necessary to administer this articte; 8 Sec. 9-4.4904(c) Add: The permit application shall be accompanied by a Application signed safety declaration, under penalty of perjury, in a form prepared by the Administrator....
1 Planning Commission Resolution No. 2025-001
Exhibit B - Recommended Draft Ordinance Changes
Operational Requirements. PMC Sec. 9-4.4905
9 Sec. 9-4905(c) Add: Responsible party shall make all reasonable efforts to (responsible party) address the complaint.
10 Sec. 9-4.4905(f) Add "hosted" before multi-family to clarify/reinforce (signage) requirement
# Draft Ordinance - Pacific PC Recommendation
Municipal Code Sectio
Sec. 9-4.4905(f) Revise sign allowances to include the following design (signage) standards:
• Max size: 2 square feet
• Min QR Code size: 3 inches-by-3 inches
• Visible from right-of-way
Weatherproof
: QR Code should also have a link to city's Code
Enforcement page or email where public can make
a complaint about the STR
• Sign in a form approved by the Administrator
12 Sec. 9-4.4905(h) Add reference to garbage requirements to list of applicable (other PMC provisions) PMC Sections.
"A Short-term Rental shall comply with all provisions of the Pacifica Municipal Code, including, but not limited to the City's noise regulations... Garbage, Collection and
Recycling (Chapter 5 of Title 6 of this Code);"
13 Sec. 9-1.1905(a) Differentiate requirements for Coastal Zones and establish (parking) a different standard for STRs outside of the Coastal Zones:
"Within the Coastal Zone the The Short-term Rental must provide at least one off-street parking space per Legally Permitted Bedroom that is being utilized as a Short-term Rental, which shall be dedicated and available to Short- term Renters during the period of the Rental. Outside the Coastal Zone, STRs shall require two (2) off-street parking spaces;"
2 Approved-00_2025-01-21_PC RESO NO
2025-001_STRs (002)
Final Audit Report 2025-02-19
Created: 2025-02-18 (Pacific Standard Time)
By: ivette singh ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAuArnyNGQUyACuKKUq9XcsbhanlmoapV/e "Approved-00_2025-01-21_PC RESO NO 2025-001_STRs (002)
" History
L Document created by ivette singh ([email protected]) 2025-02-18 - 9:23:52 AM PST
2 Document emailed to Chair Hauser ([email protected]) for signature 2025-02-18 - 9:24:04 AM PST
Email viewed by Chair Hauser ([email protected]) 2025-02-18 - 9:24:55 AM PST
Oe Document e-signed by Chair Hauser ([email protected]) Signature Date: 2025-02-19 - 1:59:21 PM PST - Time Source: server • Agreement completed.
2025-02-19 - 1:59:21 PM PST
Adobe Acrobat Sign