From: Updegrave, Samantha
To: McDougall, Paul@HCD; Jauregui, Jose @HCD
Cc: Harkousha, Brianne
Subject: Follow Up on By-Right Zoning Provisions
Date: Wednesday, July 16, 2025 1:45:00 PM
Attachments: image001.png
2025-07-07_PC Directed Changes_Sec 9-4.5402.docx
Dear Jose and Paul,
I hope you are doing well. We are sending this email to request your review of revisions to the by-right requirements that were made after HCD’s initial review of the draft Rezoning Program ordinance.
First, we reorganized the structure of the by-right provisions. When you reviewed the ordinance, the by-right provisions were proposed to be in Pacifica Municipal Code (PMC) Section 9-4.6703 of Article 67 as part of the MFH-BR overlay zone. Based on feedback from the Planning Commission and public, staff determined that the use of an overlay district for this purpose was creating confusion. Therefore, staff moved the by-right provisions to a new standalone section, PMC Section 9-4.5403 of Article 54, entitled State Law By Right Approval Requirements (see attached).
Second, the Commission directed staff to update the By Right section to focus on the applicable State law requirements and remove language that was already set forth in State law. These changes streamline the ordinance and ensure consistency with State requirements.
We are seeking HCD’s input to confirm whether the revised language continues to meet the requirements to achieve approval and, ultimately, certification of the Housing Element, before taking the rezoning program to the City Council in August. For your review, we’ve attached a redlined version of the by-right ordinance section.
We would also appreciate the opportunity to meet via Zoom to discuss these changes in more detail. We’ll take detailed notes during the conversation and follow up with a summary for your written confirmation.
Please let us know your availability for a meeting, and whether any additional materials would be helpful to review in advance.
Best,
Samantha
Samantha Updegrave
Community Development Director
City of Pacifica
Community Development Department
Mailing Address: 170 Santa Maria Avenue, Pacifica, CA 94044 Office Address: 1800 Francisco Boulevard, Pacifica, CA 94044 Planning: (650) 738-7341 / Direct: (650) 446-4698
[email protected]
PC Directed Changes to Sec 9-4.5402 (redline)
07-07-2025
1 Sec. 9-4.5403 – State Law By Right Approval Requirements a. Purpose. The purpose of these approval requirements is to implement:
1. State Government Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i); and
2. Sixth Cycle Housing Element program HE-I-1.
b. Applicable sites. This section (9-4.5403) applies to properties that are required to be allowed with by right approval pursuant to Government Code sections 65583(f) and 65583.2(h), as may be amended from time to time.
Specifically, it applies to the sites listed in the City of Pacifica 6th Cycle (2023- 2031) Housing Element sites inventory, which are designated to address the shortfall of lower-income RHNA units.
c. Approval Requirements. By-right or ministerial approval (without discretionary action) is required for sites identified in Subsection 9-4.5403(b) that meet all of the following requirements. Pursuant to Government Code 65582.2(i), as may be amended from time to time, any subdivision of the parcels shall be subject to all laws, including, but not limited to, the City’s ordinance implementing the Subdivision Map Act. Further, projects are not exempt from design review, provided that such design review shall not constitute a “project” for purposes of the California Environmental Quality Act. This subsection (b) supersedes any other regulations in this Title.
1. At least 20 percent of the units are affordable to lower income households, pursuant to affordability requirements under State law;
2. The density of the project is at least 20 dwelling units per acre i.If the underlying zoning district requires a minimum density of more than 20 dwelling units per acre, the underlying zoning’s minimum density must be met to meet this provision;
3. There are at least 16 dwelling units on the site;
4. The proposed development is exclusively residential or allocates a minimum of 50 percent of the total gross floor area to residential uses; and
5. 1. The project conforms with the objective development standards identified in Section 9-4.5402 the underlying zoning district Articles 55 through Article 66, any other regulations in this Title unless modified this Section.
d. Mitigation measures. By-right projects shall be subject to the mitigation measures in the adopted Mitigation, Monitoring, and Reporting Program attached to the certified Final Environmental Impact Report (FEIR) for the Rezoning Program, as applicable to the project site and scope.
1. The applicant shall complete a City provided checklist identifying applicable objective General Plan policies and environmental mitigation measures that apply to the project.
PC Directed Changes to Sec 9-4.5402 (redline)
07-07-2025
2 2. Completion of the checklist is required as part of a complete application, subject to City review and confirmation prior to permit approval.
3. The approved checklist will be attached to the project approval. The applicant shall demonstrate compliance with the applicable provisions prior to approval of the building permit, or as otherwise stated in the checklist.
4. The checklist shall be prepared and maintained by the City and updated as necessary.
From: McDougall, Paul@HCD
To: Updegrave, Samantha; Jauregui, Jose @HCD
Cc: Harkousha, Brianne
Subject: RE: Pacifica Rezoning Program - Meeting Follow Up Date: Tuesday, July 29, 2025 4:28:40 PM
Attachments: image001.png
[CAUTION: External Email]
Looks great Samantha – confirmed. We also talked about adding a link to the housing element or sites inventory. Thanks!
From: Updegrave, Samantha <[email protected]>
Sent: Tuesday, July 29, 2025 3:19 PM
To: McDougall, Paul@HCD <[email protected]>; Jauregui, Jose @HCD <[email protected]>
Cc: Harkousha, Brianne <[email protected]>
Subject: Pacifica Rezoning Program - Meeting Follow Up
Dear Paul and Jose, Thank you for speaking with the City of Pacifica team this morning regarding the revisions to the by-right requirements in PMC Section 9-4.5403 made by the Planning Commission in its recommendation. I have summarized the Dear Paul and Jose,
Thank you for speaking with the City of Pacifica team this morning regarding the revisions to the by-right requirements in PMC Section 9-4.5403 made by the Planning Commission in its recommendation. I have summarized the key takeaways from our conversation below and would be grateful if you would confirm if the summary is accurate or let me know if any changes are necessary.
We understand that a number of the revisions are acceptable, including the removal of former subsections (c)(1) through (4) that list the specific state law requirements for by-right approval. These sections are being removed due to concerns about redundancy and in recognition of evolving state housing law requirements. However, we understand that the following two changes are required to achieve certification:
1. Add references to the specific shortfall lower-income sites that are subject to the byright requirements. This can be accomplished by including the prior reference to the Housing Element sites inventory in Section 9-4.5403(b): "Specifically, it applies to the sites listed in the City of Pacifica 6th Cycle (2023-2031) Housing Element sites inventory, which are designated to address the shortfall of lower-income RHNA units."
2. Add a reference to section 65583.2(i), and remove the reference to section 65583(f), in Section 9-4.5403(b).
We also confirmed that the individual zoning districts being created under the Rezoning Program reference back to Article 54, where the by-right provisions are located, under “Supplemental use provisions.”
To expedite your review, we plan to submit the Housing Element with the revised zoning amendment language in conjunction with the first City Council reading, scheduled for August 11, 2025. We appreciate your willingness to try to provide a response letter shortly after the second reading.
Please let me know if you have any questions or if providing you with more information is helpful.
Best,
Samantha
Samantha Updegrave
Community Development Director
City of Pacifica
Community Development Department
Mailing Address: 170 Santa Maria Avenue, Pacifica, CA 94044 Office Address: 1800 Francisco Boulevard, Pacifica, CA 94044 Planning: (650) 738-7341 / Direct: (650) 446-4698
[email protected]
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