CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/14/2025
1 SUBJECT:
Public Hearing on a proposed ordinance repealing and replacing Article 49 of Title 9, Chapter 4 of the City of the Pacifica Municipal Code (“Short-Term Rentals”); making certain amendments to Article 29 of Title 9, Chapter 4, Section 9-4.2904 (“Exempted Signs”) of the Pacifica Municipal Code (File 2025-001, Text Amendment TA-127-25); and finding the adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA).
RECOMMENDED ACTION:
Conduct a public hearing and introduce an Ordinance of the City Council of the City of Pacifica repealing and replacing Article 49 of Title 9, Chapter 4 of the City of the Pacifica Municipal Code (“Short-Term Rentals”); amending Article 29 of Title 9, Chapter 4, Section 9-4.2904 (“Exempted Signs”) of the Pacifica Municipal Code; and finding adoption of the Ordinance exempt from the California Environmental Quality Act (CEQA).
STAFF CONTACT:
Samantha Updegrave - Community Development Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
The term Short-Term Rental (STR) refers to the use of all or a portion of a residential dwelling unit for rental of less than 30 consecutive days. The popularity of STRs has increased steadily over the past decade due in part to the convenience of booking provided by companies such as Airbnb and VRBO and the increased availability of STRs as an alternative to a traditional hotel or motel. STRs can also provide a source of income for owners and occupants of the residential dwelling units offered for rent as STRs.
The proposed text amendments in the Draft Ordinance would repeal and replace Article 49 “Short-Term Rentals” of Title 9, Chapter 4 of the PMC. The Draft Ordinance incorporates direction provided by the City Council during the 2024 study sessions and the public hearings on February 24, 2025, and April 14, 2025. Recommendations from the Planning Commission made on January 21, 2025, and June 2, 2025, are also incorporated. The revised Draft Ordinance is provided in Attachment A, Exhibit 1.
For a detailed discussion of the background of the proposed STR Ordinance, including direction and recommendations made by the Council and Planning Commission in 2025, please see the following staff reports:
• Planning Commission meeting agenda, January 21, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1697> • City Council agenda, February 24, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1674> Pacifica City Council 2
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• City Council agenda, April 14, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1677> • Planning Commission agenda, June 16, 2025:
<https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1713> City Council and Planning Commission Review and Consideration On February 24, 2025, the City Council held a public hearing introducing the Draft Ordinance amendments, which reflected the key goals and priorities identified by the City Council during the prior study sessions and the recommendations made by the Planning Commission at a public hearing on January 21, 2025. During the Council’s deliberations on the proposed ordinance at that February 24th meeting, additional changes to previous policy decisions were identified, as well as areas where the proposed amendments did not meet their policy objectives. The Council provided direction to the City Manager for additional changes to the Draft Ordinance and adjourned the meeting to a future date to be determined to continue deliberations. The continued public hearing was held on April 14, 2025, and the City Council provided additional direction on changes.
Because some of the changes were substantive, the Draft Ordinance went back to the Planning Commission for consideration. On June 16, 2025, the Planning Commission considered the Draft Ordinance and passed a resolution recommending approval with some additional recommendations.
Proposed Changes
Both the Council-directed changes and the Planning Commission recommendations have been incorporated into the Draft Ordinance. In addition to the specific directed changes, staff has also made certain conforming and typographical edits, where necessary. The revisions are summarized in the table below.
# Draft Ordinance - Pacifica Municipal
Code Section
Council Directed Change, February - May 2025 PC
Recommended Change, January 21, 2025 and June
16, 2025 and conforming edits
Definitions, PMC Sec. 9-4.4901
1 Sec. 9-4.4901(g) “Natural person” Add a definition for “natural person.” 2 Sec. 9-4.4901(m) “Primary Residence” Add Junior Accessory Dwelling Unit to be explicitly excluded from definition of a “primary residence.”
3 Sec. 9-4.4901(j) “Operator” and
conforming changes in Sec. 9-4.4903(c)
Add “Natural” before “Person” in definition.
4 Sec. 9-4.4901(s)(i) “Hosted Short-Term
Rental” and conforming changes in
Sec.9-4.4901(m)
Remove Accessory Dwelling Unit from the definition of
“hosted STR.”
5 Sec. 4901(n) “Quiet hours” and
conforming changes in Sec. 9-4.4905(o)
Add a definition of quiet hours between 10:00 p.m. to
7:00 a.m..
6 Sec. 9-4901(u) “Short-term Renter” and
Sec. 9-4.4901(v) “Short-term Rental
Visitor”
Add “Guest” to definition of “Short-term Renter” and a
new definition for “Short-term Rental Visitor” to clarify occupancy allowances.
Standards applicable to Short-Term Rentals, PMC Sec. 9-4.4903 7 Sec. 9-4.4903(a) Standards Remove allowance for operators of hosted STRs to reside in an ADU/JADU and operate an STR in the
primary dwelling.
8 Sec. 9-4903(c) Primary residence Add that a State or Federally issued identification Pacifica City Council 3
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requirements must be one of the three documents for proof of residency. Make conforming changes for changes to
section 9-4.4901(j) to remove language regarding
corporations, trusts, etc.;
Short-Term Rental Permit required 9-4.4904
9 Sec. 9-4.4904(a)(xi) Application Add proof of insurance, such as an insurance certificate.
10 Sec. 9-4.4904(d) Inspections Require inspections for both hosted and unhosted STRs. Add life-safety issues, pools/spas, and lighted
ingress and egress to be considered during
inspections Require a separate fee for STR
inspections.
11 9-4.4904(j) Advertising Platform
Responsibilities (see also Sec. 9-4.4911)
Add a new section for advertising platform
responsibility modeled from Santa Monica provisions
which requires advertising platforms to review registry maintained by City to confirm Short-term Rental has
been issued permit.
Operation Requirements. PMC Sec. 9-4.4905
12 Sec. 9-4.4905(c) Responsible Party Additional language to clarify requirements for the Responsible Party, including response time.
13 Sec. 9-4.4905(d) Required Information
Provided
Add composting to the list of required information.
14 Sec. 9-4.4905(d) Required Information
Provided
Add date and time of solid waste pickup to the list of
required information.
15 Sec. 9-4.4905(l) and conforming
numbering changes
Add requirement for hosted STRs to have the
Operator on-site between the hours of 11:00 p.m. to
6:00 a.m..
16 Sec. 9-4.4905(m) Occupancy Change STR occupancy to exclude children under the age six.
17 Sec. 9-4.4905(n) Add limits for visitor hours to 8 a.m. to 10 p.m., per Council’s original direction during 2024 study session. 18 Sec. 9-4.4905(o) Quiet Hours and
conforming numbering changes
Add quiet hours from 10 p.m. to 7 a.m..
19 Sec. 9-4.4905(s) Parking PC recommended different parking standards for STRs based on whether they were within or outside of
the Coastal Zone; Council direction was to keep
parking the same per original policy decision.
20 Sec. 9-4.4905(v) Unhosted Short-Term
Rentals
Decrease the number of nights unhosted STRs can be
rented from 90 to 60.
Violations and enforcement. - PMC Sec 9-4.4909
21 Sec. 9-4.4909(h) Add a new section which allows an Aggrieved Resident of the City to invoke violations of ordinance
as a basis for a private action for injunctive relief to prevent or remedy public nuisance violations.
Advertising Platform Responsibilities - Sec. 9-4.4911
22 9-4.4911 Advertising Platform
Responsibilities
Add a new section for advertising platform
responsibility modeled from Santa Monica provisions
which requires advertising platforms to review registry maintained by City to confirm Short-term Rental has
been issued permit.
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Application of Ordinance -Sec. 9-4.4912
23 Section 9-4.4912(b) Clarified application of the Ordinance in Coastal Zone to confirm that the Ordinance must be certified by the
Coastal Commission.
Other Changes
Although not included in the text amendments, City Council also gave direction to the City Manager on the following administration issues, and are provided here for reference:
• Application - include fines possible under the social host / unruly code; • Application - add indemnity provision to application similar to what is included for other applications; and
• Maintain a list of all active STRs on a website.
DISCUSSION / ANALYSIS
General Plan Consistency Analysis
The proposed amendments to the City’s STR Ordinance and Sign Ordinance align with the Pacifica General Plan 2040 in that the amendments maintain the economic benefits of STRs while effectively addressing community concerns. The Draft Ordinance is consistent with the following General Plan policies and programs.
Program HE-I-7 Preserve Existing Affordable Housing Units 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. It also clarifies that Junior ADUs cannot be used as STRs. These changes help to ensure the continued availability of an important source of affordable housing and also provide opportunities for residents to supplement their income, potentially improving housing affordability.
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.
STRs increase tourism by providing a diverse range of accommodation options and contribute to the City’s local economy in several ways. First, STRs generate revenue for the City in the form of business license tax (approximately $15,000 collected in 2023) and TOT (approximately $1.5 million in TOT from STRs projected for FY 24-25).
Revenue streams from both business license and TOT can be used to fund essential city services such as infrastructure and recreation facility improvements, benefiting the tourist and local economies, as well as residents. As detailed in the June 24, 2024, City Council Staff Report, the City assumes there are uncollected TOTs from Short-Term Rentals operating within the City of Pacifica. As part of the ongoing review of the Program, the City hired HdL Companies, an auditing, operations, and revenue solutions company, who is assisting the City with tracing these rentals and requiring the STR operators to register with TOT to report their gross receipts so the City may assess the outstanding tax liability. STRs attract a diverse tourist base to the City, introducing new customers to local shops and restaurants. 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. Finally, STRs provide supplemental income opportunities for Pacifica residents, fostering economic empowerment and enabling Pacifica City Council 5
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contribution to the local economy through increased spending at local businesses, or by pursuing their own local business. By establishing additional STR regulations and improving enforcement actions, amendments to the STR Ordinance effectively leverage the City's unique assets and strengthen the local economy.
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.
The proposed Draft Ordinance promotes a broader mix of revenue-generating transient occupancy uses. By offering a diverse range of accommodation options catering to different budgets and travel styles, STRs attract a diverse range of tourists to the City of Pacifica. This increased diversity enhances the City’s fiscal health through revenue generated from business license, TOT, and sales taxes. Furthermore, it stimulates the local economy by increasing revenue generated by local businesses and STR operators.
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.
By continuing to limit the total number of STRs in the City to 150, distinguishing between hosted and unhosted rentals and expanding operating regulations that address potential neighborhood impacts such as noise, litter, and parking, the Draft Ordinance preserves the unique qualities of residential neighborhoods, consistent with this General Plan Policy.
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.
The Draft Ordinance directly supports the General Plan’s objective to facilitate the creation of accessory dwelling units (ADUs) that contribute to the variety of available housing, in that it maintains prohibitions on the use of ADUs and Junior ADUs as STRs.
LOCAL COASTAL PROGRAM
Pursuant to Section 30514 of the California Public Resources Code, the Ordinance amendments would not be effective in the Coastal Zone until the CCC certifies an amendment to the City's Local Coastal Program (LCP). The CCC has found that outright bans or undue restrictions on STRs are inconsistent with Coastal Act policies prioritizing public access and visitor-serving uses.
As detailed in the December 5, 2024, City Council Study Session Staff Report, City staff consulted with CCC staff on November 5, 2024, to discuss the feasibility of the proposed text amendments. CCC staff provided preliminary comments to staff, noting four areas of potential concern, including parking requirements, STR density limitations, use of multi-family dwellings as STRs, and minimum rental duration requirements. The City Council discussed these four topics at the December 5th study session and directed staff to amend the Ordinance to reflect CCC staff direction.
Following the adoption of the Draft Ordinance, a Local Coastal Program Amendment (LCPA) will be submitted to the CCC, who will determine whether to certify, certify with modifications, or deny the LCPA. Until such time as the CCC certifies the LCPA, existing STR regulations for areas located within the coastal zone will apply.
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The proposed text amendments would be consistent with Local Coastal Land Use Plan (certified by the Coastal Commission on May 8, 2025) Implementing Policy LD-I-6, Lower Cost Visitor and Recreational Facilities, which states:
Protect, encourage, and where feasible, provide lower-cost visitor and recreational facilities in the Coastal Zone. These include major, free recreational attractions such as Pacifica Pier and Pacifica State Beach; the public golf course at Sharp Park; the San Francisco RV Park; California Coastal Trail and other trails, lower cost overnight accommodations; and numerous beaches accessible at no cost.
The proposed amendments would maintain allowances for STRs within the Coastal Zone to continue to provide important visitor serving accommodations which increase public access to the coast, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff recommends that the City Council find the proposed zoning text amendment in the Draft Ordinance to be exempt from the California Environmental Quality Act (CEQA).
The text amendment is exempt from CEQA pursuant to the “General Rule” exemption in CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The revisions to the ordinance make changes to the existing permitting requirements for short-term rentals within the City that are designed to address community concerns and ensure responsible short-term rental operations.
These amendments are administrative in nature and do not involve any physical changes to the environment nor do they involve the construction of new facilities or infrastructure. The amendments would also not permit any development or construction of single family residences, hotels or motels. The ordinance would continue to allow a maximum of 150 Short-term rentals to operate in the City with a permit, the same number as the existing ordinance. The proposed ordinance does not increase or decrease the number of visitors to the City. Given the foregoing, it can be seen with certainty that the text amendments would not have a significant effect on the environment.
The proposed zoning text amendment in the Draft Ordinance is also exempt pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”). The Class 1 exemption applies to, among other things, the permitting, leasing, and licensing of existing public or private structures and facilities so long as the activity in question involves negligible or no expansion of an existing or former use. The Draft Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units that are operating as a short-term rental and as such clearly entails an activity addressing the permitting regarding leases/licenses of existing residential dwelling units in the City. Most importantly, the Draft Ordinance involves negligible or no expansion of existing or former uses of residential dwelling units because even as a shortterm rental, the use of the dwelling unit would still be primarily residential and the ordinance does not expand the types of homes that can be used as a short-term rental. Also, the ordinance does not affect the density of short-term rentals in a particular area. This ancillary use would be similar to the example in CEQA Guidelines section 15301(p) (single family residence used as a small family day care center). The text amendment would make changes to the Pacifica City Council 7
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permitting requirements for short-term rentals operating within the City and subject to the Shortterm Rental Permit requirement.
The exceptions to the categorical exemptions in CEQA Guidelines section 15300.2(a)-(f) do not apply to the draft Ordinance.
(a) Location. This exception does not apply to Class 1 categorical exemptions. (b) Cumulative Impact. There is no evidence of successive projects of the same type in the same place, over time.
(c) Significant Effect. There is no evidence of a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. First, as discussed above, there is no evidence that the adoption of the ordinance would have a significant effect on the environment. The revisions to the ordinance make changes to the permitting requirements for short-term rentals within the City that are designed to ensure responsible short-term rental operations. Second, The adoption or amendment of an ordinance regulating short-term rentals city-wide is not an unusual circumstance. Many cities and counties have adopted ordinances similar to the draft Ordinance to regulate short-term rental operations within the geographic boundaries of the agency. For example, Sonoma and Marin County amended the existing shortterm rental ordinances in 2023 and 2024 respectively. The City of Burlingame adopted a shortterm rental ordinance in 2020. The Cities of Half Moon Bay, Redwood City, San Mateo adopted an ordinance regulating short-term rental operations in 2021. The City of South San Francisco adopted its short-term rental ordinance in 2022 and recently amended it in 2024. Given the numerous examples of cities and counties adopting or amending ordinances for short-term rentals that operate within those jurisdictions, it is clear that the adoption or amendment of an ordinance is not an unusual circumstance.
(d) Scenic Highways. The draft Ordinance does not affect any scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
(e) Hazardous Waste Sites. The draft Ordinance does not affect a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. The draft Ordinance does not cause a substantial adverse change in the significance of a historical resource.
FISCAL IMPACT:
The proposed amendments in the Draft Ordinance are anticipated to have significant fiscal implications for the City of Pacifica due to reduced Transient Occupancy Tax (TOT) collections and increased administrative costs. Estimating the precise fiscal impact is challenging and depends on various factors discussed below. However, the implementation of these ordinance amendments will require close monitoring of fiscal impacts over the coming years and prudent financial planning to attempt to mitigate effects on the General Fund. The further reduction of unhosted STR operations from the originally proposed 90 nights to 60 nights would likely further reduce TOT revenues.
For a detailed discussion of the fiscal impacts, please see the City Council agenda, February 24, 2025: <https://pacificacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1674>.
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Administrative Cost Implications
The implementation and enforcement of the proposed Draft Ordinance will likely result in substantial increases in administrative costs. New operational requirements, such as permit cap management, monitoring STR activities, and ensuring compliance, will require additional staff time and resources. Specific provisions, including noise monitoring and regular inspections, will further escalate code enforcement costs and operational burdens.
While the City may recover its reasonable administrative costs through permit and inspection fees, it may not be feasible to fully recover those costs under the highly restrictive terms of the ordinance. For example, under the 60-day unhosted rental cap, a typical STR operator earning $200 per night would generate only $12,000 annually in gross revenue. With a current permit fee of $1,700, this represents approximately 14% of gross income before accounting for inspection or other compliance fees and the cost to permit holders to operate (furnishing, repairs, improvements, etc.). Fees must be reasonably related to the cost of providing the associated services, however significantly increasing fees to achieve full cost recovery could make STR participation financially impractical, which in turn could undermine program compliance and reduce City revenues further. The City’s workplan includes a comprehensive review of the fee schedule to ensure adequate cost recovery for STR permit processing and enforcement. STR permit processing fees will be reassessed as part of a broader master fee schedule review, requiring a future City Council decision regarding the extent to which costs can be recovered through permit fees imposed on STR operators and what subsidy will be required.
ALTERNATIVE ACTION:
The Council may decline to adopt the Draft Ordinance or direct modifications to the provisions included in the Draft Ordinance.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The Public Hearing introducing the Draft Ordinance is consistent with the following item in the Council adopted Strategic Plan and Priority Work Plan for FY2025-26:
• Goal 3: Prioritize protection and development of affordable housing. o Strategy B: Update and Implement the Short-Term Rental Ordinance.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A: 2025-06-16_2025_PC Final Resolution PC_Short-Term Rentals (unsigned) (PDF)
Attachment B: Planning Commission Staff Report + Attachments dated June 16, 2025 (PDF) Pacifica City Council 9
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ORDINANCE NO. (ID # 5984)
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 AND PENALTIES FOR VIOLATIONS; AMENDING PACIFICA MUNICIPAL CODE SECTION 9-4.2904 (EXEMPTED SIGNS) (TEXT AMENDMENT TA-157-25); 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 February 27, 2023; 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 longterm 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; 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-157-25 (File No. 2025- 001) on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6-0 initiating and recommending to the City Council adoption of Text Amendment TA-157-25 (File No. 2025-001); and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on February 24, 2025, provided additional direction to the City Manager on revisions to the draft Ordinance, and adjourned the meeting to a future date to continue deliberations. ; and
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WHEREAS, the City Council continued deliberations on April 14, 2025, at a duly noticed public hearing, provided final direction to the City Manager for revisions to the draft Ordinance, and directed the City Manager to refer the revisions back to the Planning Commission for review and recommendation; and
WHEREAS, on June 16, 2025, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No. 2025- 001), and adopted Resolution No. 2025-006 by a vote of 6-0 initiating and recommending City Council adoption of Text Amendment TA-157-25 (File No. 2025-001), with additions recommended by the Planning Commission; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on Month Day, Year, and introduced Ordinance No. ### on the same day; and 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. 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 Pacifica in order to ensure the health, safety, 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 Shortterm 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.
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(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. Multifamily includes a including duplex, triplex, and attached units (inclusive of attached single-family dwellings), apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.
(g) “Natural person” means a living human being.
(h) “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 I or II Sound Level Meter (SLM).
(i) "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.
(j) “Operator” means the Natural Person who has applied for a Short-term Rental Permit or has been issued a Short-term Rental Permit by the City. (k) “Person” means natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, or other entity. (l) “Permit” or “Short-term Rental Permit” means a permit issued by the City pursuant to this Article to allow the use of a single Short-term Rental on a single Site.
(m) “Primary residence” means a residence where a Person resides, full-time, for more than six months out of the year. Primary residence shall not include an accessory dwelling unit or a Junior accessory dwelling unit. (n) “Quiet Hours” means the period between 10 p.m. and 7 a.m.. (o) "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. (p) “Responsible party" shall mean a n Natural 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 being used for a Short-term Rental, twenty-four (24) hours per day, seven (7) days per week. when the Operator is not available (q) “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. Singlefamily-attached homes are not included in this definition. (r) “Site” shall mean the assessor’s parcel upon which the Short-term Rental is located.
(s) "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. (t) “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.
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(u) “Short-term Renter” or “Guest” means a. 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..
(v) “Visitor” means a person who is not entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement related to a Shore-term rental.
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. (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 Shortterm 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 o 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 (received Certificate of Occupancy or equivalent final inspection), including, but not limited to, any vehicle, trailer, tent, storage shed or garage;
(c) Each Person Operator 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 Operator 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 Pacifica City Council 13 July 14, 2025
more than six months of the year. A State or Federally issued identification card must be one of the documents provided, and can others may include, but is are 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 (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 ShortTerm 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 o Operate a Short-term Rental must complete an application on a form provided by the City, accompanied with 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;.
ii. All adults for whom the property is a permanent residence shall be listed; iii. 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; iv. Site plan showing location, dimensions, and use of all existing buildings on the Site, and on-Site parking;
v. Floor plan showing the use of all rooms per the California Building Code, and identifying Legally Permitted Bedrooms Rooms, rooms and doors to be used for the Short-term Rental;
vi. If the Operator is not the property owner, the property owner’s written consent to the Short-term Rental use;
vii. The Operator shall provide documentation required by section 9-
4.4903(c) that the Site is the Operator’s Primary Residence; viii. 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; ix. Advertising platform(s) used by the Operator to advertise the Short-term Rental;
x. 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;
xi. Proof of insurance or insurance certificate for the Site. xi.xii. 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 Pacifica City Council 14 July 14, 2025
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, under penalty of perjury, 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 detector(s), carbon monoxide detector(s), 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. (d) Inspection of Unhosted Short-term Rentals. For Unhosted Short-term Rentals, the City shall conduct a life, safety and health and safety inspection of the proposed Short-term Rental unit, prior to issuing a Short-term Rental Permit. (i) A life, safety, and health and safety inspection shall include verification of the number of Legally Permitted Bedrooms, the presence and operation of working smoke detector(s), carbon monoxide detector(s), and fire extinguishers, pools/spas, and lighted ingress/egress. 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.
(ii) The permit application shall be accompanied by a separate STR inspection fee in an amount established by City Council resolution. (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 (ii) 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.
(f) 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. (g) 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. (h) Waitlist. The Administrator will maintain a waiting list when the number of Shortterm 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 9-4.4904(a). A nonrefundable waitlist application fee in an amount established by resolution of the City Council shall be remitted Pacifica City Council 15 July 14, 2025
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 waitlist 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.
(i) 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).
(j) All Operators and their respective Sites, authorized by the City for the Operation of a Short-term Rental pursuant to this article, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry on the City’s website, and a copy shall be sent electronically to any Person or Hosting Platform upon request.
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 Shortterm 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 platform(s) used by the Operator to advertise the Short-term Rental;
(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 twentyfour (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the Short-term Rental. The Operator can be identified as the Responsible Party. if they can satisfy these requirements: The Responsible Party shall be a local contact person who shall meet all of the following requirements:
1) be available 24 hours per day and seven days a week when the Short-term Rental is in Operation and 2) be accessible and able to respond in person at the Short-term Rental within a reasonable time of 30 minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling and 3) be responsive to take remedial action necessary to resolve any violation of the requirements of this article.
shall be a local contact person and able to respond in person at the short-term vacation rental within a reasonable time of 30 minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling; and (ii) The AResponisble Party shall be responsive to take remedial action necessary to resolve any violation of the requirements of this Article 49 or other applicable provisions of the Pacifica Muncipal Code.
The Responsible Party shall respond, either in person, or by return telephone call, within thirty (30) minutes of a complaint. The Responsible party shall make all reasonable efforts to address the complaint.;
Pacifica City Council 16 July 14, 2025
(d) The Operator must provide the following materials electronically to any Shortterm Renters before arrival and make available printed materials on-site at the Site for the guest with the following information:
i. A diagram of exits, fire extinguisher locations, and fire and police contact numbers;
ii. The Short-term Rental Operator’s contact information; iii 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, composting, and recycling disposal requirements including collection time and date and instructions on collection and use of the collection containers;
v. The City's noise regulations (Chapter 10 of Title 5 of this Code); and vi. 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, weatherproof exterior sign, not more than two (2) square feet in total area, posted either at the front of the Site and visible from the right-of-way for single family dwellings, or on the door if it is a hosted Multi-family dwelling unit or condominium, indicating the Site is being utilized as a Short-term Rental. The sign shall include the Shortterm Rental Permit number and a Quick Response (QR) code that is a minimum of 3-by-3 inches with the Operator’s name and contact information and the Responsible Party’s name and contact information, if different, and a link to the City’s code enforcement website. The sign shall be in a form approved by the Administrator. 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), Garbage, Collection and Recycling (Chapter 5 of Title 6 of this Code), and the Building Regulations (Chapters 1-17 of Title 8 of this Code);
(i) A Short-term Rental shall comply with all applicable state and local laws and orders, including any public health order;
(j) Each Person Operating a Short-term Rental shall comply with the transient occupancy tax requirements set forth in Chapter 7 of Title 3 (Transient Pacifica City Council 17 July 14, 2025
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 Shortterm Rental; (l) The Operator of a Hosted Short-term Rental must be on-Site between the hours of 11:00 p.m. and 6:00 a.m. when the Site is being utilized as a Short-term Rental;
(l)(m) 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) six (6) shall not count towards these occupancy limits; (m)(n) In addition to the maximum number of Short-term Renters allowed, the number of guests and visitors Visitors allowed at any time in a Short-term Rental shall not exceed one half of the maximum Short-term Renters allowed, and visitor hours are limited to 8:00 a.m. – 10:00 p.m.;
(o) Short-term Renters shall not make any excessive or loud noise during Quiet Hours from 10:00 p.m. to 7:00 a.m. daily;
(n)(p) 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)(q) 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 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)(r) 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;
(q)(s) Within the Coastal Zone, the The Short-term Rental must provide at least one offstreet 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, Short-term Rentals shall require two (2) off-street parking spaces;
(r)(t) 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 noncommercial Event that is likely to result in a violation of traffic, parking, noise, or other standards regulating the residential use and character of the neighborhood.
Home occupations conducted by the primary resident compliant with the City’s Pacifica City Council 18 July 14, 2025
home occupation ordinance are allowed; provided that parking and all other requirements for both the Short-term Rental and the home occupation are met; (s)(u) 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)(v) 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) sixty (60) nights per year, calendar year, commencing on October 31st of each year and ending October 30th January 1st of each year. ii. Minimum Stay. Unhosted Short-term Rentals shall have a minimum two consecutive night stay for Short-term Renters.
iii. 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 31st 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.
ii. Proof of Rental Nights. For any renewal, the Operator shall provide documentation of the number of nights the unit was rented during the Pacifica City Council 19 July 14, 2025
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;
iii. 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 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.
Pacifica City Council 20 July 14, 2025
(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 by the City. 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.
ii 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.
(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.
Pacifica City Council 21 July 14, 2025
(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. (h) Any Aggrieved Resident of the City may invoke violations of this article as a basis for a private action for injunctive relief to prevent or remedy a public nuisance violation. For purposes of this subsection, “Aggrieved Resident” is defined as any individual who resides or owns property with 300 feet of the subject Short-term Rental and has personally experienced disruption, nuisance, or harm due to a violation of this Chapter. No action may be brought under this subdivision unless and until the prospective plaintiff has given the City and the prospective defendant(s) at least 30 days written notice of the alleged public nuisance and the City has failed to initiate proceedings within that period, or after initiation, has failed to diligently prosecute. The prevailing party in any such action shall be entitled to recover reasonable costs and attorney’s fees.
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(h) (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 Advertising Platform Responsibilities. Advertising platforms shall be responsible for the following:
(a) Subject to applicable laws, Advertising platforms shall disclose to the City on a regular basis each Short-term Rental listing located in the City, 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. (b) Advertising platforms shall not complete any booking transaction for any Shortterm Rental unless it is listed on the City's registry created under section 9-4.4904(j), at the time the Advertising Platform receives a fee for the booking transaction. (c) Safe Harbor. An Advertising platform operating exclusively on the Internet, which operates in compliance with subsections (a) and (b) above, shall be presumed to be in compliance with this Article, except that the Advertising Platform remains responsible for compliance with the administrative subpoena provisions of this Article. (d) The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).
Sec. 9-4.49124911 Application of Ordinance to Issued Short-term Rental Permits.
Pacifica City Council 22 July 14, 2025
(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 and 9-
4.4911. All other provisions of this Ordinance (Sections 9-4.4903(c) through (f) and 9-4.4905(l) through (t)(v)) 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: The Ordinance must be certified by the Upon certification by the California Coastal Commission prior to enforcement in any areas of 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:
(i) tThe 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 and 9-4.4911.
(ii) The following provisions of this Ordinance 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: Sections 9-
4.4903(c) through (f), 9-4.4905(l) through (vt). ; or two years from the date of adoption of the Ordinance, whichever is earlier.
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 adoption of the ordinance is exempt from CEQA pursuant to the “General Rule” exemption in CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The revisions to the ordinance make changes to the existing permitting requirements for short-term rentals within the City that are designed to address community concerns and ensure responsible short-term rental operations. These amendments are administrative in nature and do not involve any physical changes to the environment nor do they involve the construction of new facilities or infrastructure. The amendments would also not permit any development or construction of single family residences, hotels or motels. The ordinance would continue to allow a maximum of 150 Short-term rentals to operate in the City with a permit, the same number as the existing ordinance. The ordinance does not increase or decrease the number of visitors to the City. Given the foregoing, it can be seen with certainty that the text amendments would not have a significant effect on the environment.
The City Council finds that the zoning text amendment in the ordinance is also exempt pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”). The Class 1 exemption applies to, Pacifica City Council 23 July 14, 2025
among other things, the permitting, leasing, and licensing of existing public or private structures and facilities so long as the activity in question involves negligible or no expansion of an existing or former use. The ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units that are operating as a short-term rental and as such clearly entails an activity addressing the permitting regarding leases/licenses of existing residential dwelling units in the City. Most importantly, the ordinance involves negligible or no expansion of existing or former uses of residential dwelling units because even as a shortterm rental, the use of the dwelling unit would still be primarily residential and the ordinance does not expand the types of homes that can be used as a short-term rental. Also, the ordinance does not affect the density of short-term rentals in a particular area. This ancillary use would be similar to the example in CEQA Guidelines section 15301(p) (single family residence used as a small family day care center). The ordinance would make changes to the permitting requirements for short-term rentals operating within the City and subject to the Short-term Rental Permit requirement.
The City Council also finds that the exceptions to the categorical exemptions in CEQA Guidelines section 15300.2(a)-(f) do not apply to the ordinance for the following reasons:
(a) Location. This exception does not apply to Class 1 categorical exemptions. (b) Cumulative Impact. There is no evidence of successive projects of the same type in the same place, over time.
(c) Significant Effect. There is no evidence of a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. First, as discussed above, there is no evidence that the adoption of the ordinance would have a significant effect on the environment. The revisions to the ordinance make changes to the permitting requirements for short-term rentals within the City that are designed to ensure responsible short-term rental operations. Second, The adoption or amendment of an ordinance regulating short-term rentals city-wide is not an unusual circumstance. Many cities and counties have adopted ordinances similar to this ordinance to regulate short-term rental operations within the geographic boundaries of the agency as evidenced in the Staff Report accompanying this ordinance. Given the numerous examples of cities and counties adopting or amending ordinances for short-term rentals that operate within those jurisdictions, it is clear that the adoption or amendment of an ordinance is not an unusual circumstance.
(d) Scenic Highways. The ordinance does not affect any scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
(e) Hazardous Waste Sites. The ordinance does not affect a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. The ordinance does not cause a substantial adverse change in the significance of a historical resource.
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.
Pacifica City Council 24 July 14, 2025
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 as set forth in Section 2 of this Ordinance.
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:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 25 July 14, 2025
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(ID # 5984) at 7/14/2025 5:30 PM City Council Regular Meeting