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RESOLUTION NO. 2025-006
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); REPEALING RESOLUTION NO. 2025-001; 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 California State Legislature has declared that housing is statewide concern; and
WHEREAS, preservation of existing housing is an integral component of the City of Pacifica Housing Element; and
WHEREAS, the stock of naturally affordable housing that comes from multi-family complexes is being impacted by short-term rentals, reducing affordable housing; and 4896-2649-7613 v1
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.
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
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. 4896-2649-7613 v1
2025-001) and adopted Resolution No. 2025-006 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
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Pacifica as follows:
1. The above recitals are true and correct and material to this Resolution.
2. 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 repeals Resolution 2025-001.
4. The Planning Commission hereby finds that the proposed Draft Ordinance and included amendments to Article 49 are consistent with the General Plan and Local Coastal Plan as follows:
a. General Plan Housing Element 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.
ii. 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. General Plan 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 4896-2649-7613 v1
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. 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 short-term rentals promote a broader mix of revenuegenerating 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. General Plan Policy CD-G-3 Neighborhood Conservation (Preserve the unique qualities of each of Pacifica’s residential neighborhoods. 4896-2649-7613 v1
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. 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
f. Local Coastal Land Use Plan Implementing Policy LD-I-6, Lower Cost Visitor and Recreational Facilities (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) in that the proposed amendments would maintain allowances for STRs within the Coastal Zone, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
5. 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.
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6. 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. Additionally, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15301(Class 1-Existing Facilities) as the Draft Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units.
The Draft Ordinance involves negligible or no expansion of existing or former use. 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.
7. 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, with additions recommended by the Planning Commission, attached hereto as Exhibit 1 to this Resolution.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 16th day of June, 2025.
AYES, Commissioners:
NOES, Commissioners:
ABSENT, Commissioners:
ABSTAIN, Commissioners:
____________________________
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Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Samantha Updegrave, Michelle Kenyon, City Attorney
Community Development Director