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Packet Pg. 392 Attachment: 2025.06.13 Vallemar Rockaway SS Project - 65% Opinion of Probable Cost (5985 : Resolution To Authorize City Manager to Apply City of Pacifica 6/13/2025
Vallemar and Rockaway Beach Areas Sewer Rehabilitation & Repair Project - Phase 1 Engineer's Opinion of Probable Construction Cost
Item Description Quantity Unit Unit Price Total
1 Mobilization/Demobilization (5% of Bid Items) 1 LS $ 242,400 $ 242,400 2 Traffic Control 1 LS $ 136,900 $ 136,900
3 Sheeting, Shoring, & Bracing 1 LS $ 90,400 $ 90,400
4 Stormwater Pollution Prevention & Control 1 LS $ 15,600 $ 15,600 5 City Utility Pavement Cut Fees 1 LS $ 467,973 $ 467,973 6 Pavement Restoration 20,198 SF $ 12 $ 249,158
7 Landscape Restoration 1 LS $ 22,500 $ 22,500
8 Slurry Seal for Moratorium Streets 15,120 SF $ 5 $ 75,600 9 Pipe Burst 6-Inch Pipe Replace with 8-Inch I.D. HDPE 3,890 LF $ 290 $ 1,128,100 10 Pipe Burst 8-Inch Pipe Replace with 8-Inch I.D. HDPE 784 LF $ 290 $ 227,360 11 Open Trench Replacement 6-Inch Pipe Replace with 8-Inch I.D. HDPE 2,478 LF $ 390 $ 966,420 12 Open Trench Replacement 8-Inch Pipe Replace with 8-Inch I.D. HDPE 326 LF $ 390 $ 127,140 13 Open Trench Point Repair 6-Inch Pipe 179 LF $ 390 $ 69,810 14 Open Trench Point Repair 8-Inch Pipe 12 LF $ 390 $ 4,680 15 Reconnect Sewer Laterals 212 EA $ 4,000 $ 848,000
16 Replacement/New Concrete Manhole 39 EA $ 10,730 $ 418,480 Add Alt 1 Sub-Total $ 5,091,000
Add Alt 1 - Rockaway Beach
General
Surface
Installation of Pipes
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Packet Pg. 393 Attachment: 2025.06.13 Vallemar Rockaway SS Project - 65% Opinion of Probable Cost (5985 : Resolution To Authorize City Manager to Apply City of Pacifica 6/13/2025
Vallemar and Rockaway Beach Areas Sewer Rehabilitation & Repair Project - Phase 1 Engineer's Opinion of Probable Construction Cost
Item Description Quantity Unit Unit Price Total
1 Mobilization/Demobilization (5% of Bid Items) 1 LS $ 32,500 $ 32,500 2 Traffic Control 1 LS $ 22,200 $ 22,200
3 Sheeting, Shoring, & Bracing 1 LS $ 22,000 $ 22,000
4 Stormwater Pollution Prevention & Control 1 LS $ 2,600 $ 2,600 5 Pavement Restoration 3,629 SF $ 12 $ 44,772
6 Pipe Burst 12-Inch Pipe Replace with 12-Inch I.D. HDPE 404 LF $ 320 $ 129,280 7 Open Trench Replacement 12-Inch Pipe Replace with 12-Inch I.D. HDPE 752 LF $ 430 $ 323,360 8 Open Trench Point Repair 12-Inch Pipe 86 LF $ 430 $ 36,980 9 Reconnect Sewer Laterals 1 EA $ 4,000 $ 4,000
10 Replacement/New Concrete Manhole 6 EA $ 10,730 $ 64,382 $ 682,000
Total without Contingency 21,517,000$
6,455,100$
Total 27,972,100$
30% Contingency
Add Alt 2 - Highway 1
General
Surface
Installation of Pipes
Add Alt 2 Sub-Total
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Packet Pg. 394 Attachment: 2025.06.13 Vallemar Rockaway SS Project - 65% Opinion of Probable Cost (5985 : Resolution To Authorize City Manager to Apply 20-163/REPORT/TM/Final Draft
DRAFT | TECHNICAL MEMORANDUM
DATE: June 22, 2022 Project No. 22-1-009
TO: Nelson Schlater, Senior Wastewater Engineer
FROM: Jacques DeBra, Principal Supervising Water Resource Planner SUBJECT: City of Pacifica – Wastewater CIP Funding Summary
EXECUTIVE SUMMARY AND RECOMMNDATIONS
Every five years, the City of Pacifica (City) completes a wastewater rate study to determine rate increases necessary to meet the Wastewater Division’s (Wastewater) operating costs, projected Capital Improvement Program (CIP), and expected yearly consumer price index increases. Plant and Collection System infrastructure age, exposure to the harsh coastal environment, vendor phase-out of parts, and more frequent extreme weather events translate into the City’s need to incur costs to replace and maintain its sewer treatment infrastructure.
At the May 9, 2022 City Council Meeting, Council adopted a resolution approving New Wastewater Service Charges (Rates) to finance a $120M Ten-year CIP, as documented in the Bartle & Wells Rate Study dated January 26, 2022. CIP funding requires a $31.554M loan in FY 22-23 and a $52.405M loan in FY 26-27.
Discussions with Bartle & Wells indicated that increasing the FY 22-23 loan to $41M and lowering the FY 26-27 loan to ~ $43M would not exceed the Debt Service coverage for any year over this ten-year period.
The cost of borrowing money has increased significantly since the rate study was published in January 2022. Luhdorff & Scalmanini Consulting Engineers (LSCE), working with City Staff, proposes a two-step loan strategy to address the first half of the Ten-year CIP to secure the lowest overall loan interest rates:
• In FY 22-23, borrow $21M from iBank ISRF1
• In FY 23-24, borrow $20M from EPA WIFIA2
Loan needs for the out years of the Ten-year CIP will be addressed at a later date.
Increasing interest rates mean the time to loan closing is critical for locking in the lowest interest rate.
Furthermore, relative to municipal revenue bonds, iBank generally takes less time to secure an executed agreement and iBank interest rates are a minimum of 15 basis points lower for cities with strong credit like the City of Pacifica. Assuming the application process starts in July 2022, we anticipate an executed agreement in 4 to 5 months or in the October 2022 to November 2022 timeframe. This first step will take the City into FY 24-25.
1 California Infrastructure and Economic Development Bank (iBank) Infrastructure State Revolving Fund (ISRF) 2 Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Program
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Packet Pg. 395 Attachment: Executive Summary - City of Pacifica WW Funding Strategy (5985 : Resolution To Authorize City Manager to Apply for WIFIA 20-163/REPORT/TM/Final Draft
Note that iBank loan duration is <=30 year, has a funding limit is $25M, and requires that funded projects achieve substantial completion in three years or less. Therefore, to address the first five years’ of the CIP, a second loan is required.
We propose the WIFIA Program3 as the second loan. WIFIA will have lower interest rates than iBank.
Furthermore, WIFIA has the following time-related advantages: funded projects must achieve substantial completion in five years or less; and loan duration can be up to 35 years with 5-year deferral of repayment.
This first point means that we can lock in the interest rate as soon as feasible but have the flexibility to begin funded projects in FY24-25. The second point allows the City to sculpt loan repayment. The above points make WIFIA a good compliment to iBank, locking in the WIFIA interest rate as soon as is feasible, allowing time for the City to start designing WIFIA-funded projects, and stretch out repayment to reduce annual payments.
Therefore, we recommend the City proceed with the proposed two-step loan strategy as follows:
• apply for an iBank loan of $21M and complete the paperwork in July 2022 for an anticipated executed agreement in November 2022; and
• apply for a WIFIA loan of $20M and begin the paperwork in last July 2022 or early August 2022 for an anticipated executed agreement in August 2023.
Lastly, it should be noted that the team did consider the Clean Water State Revolving Fund (CWSRF). Even though CWSRF typically has lower interest rates than WIFIA, CWSRF is anticipated to take 18 to 24 months from application to executed agreement. In addition, CWSRF has stringent requirements on funded project design level (i.e., 90%) which impacts whether or not the project is funded. Moreover, CWSRF is in the process of revising their selection scoring approach which could further stretch out the time from application to executed agreement. Additional time to secure a CWSRF loan will most likely translate into higher interest rates which may impact it’s desirability relative to WIFIA. And lastly, although CWSRF has some ability to sculpt loan repayment (3 years from substantial completion), this is less than WIFIA ability to sculpt the loan repayment (5 years from substantial completion). We will continue to monitor the CWSRF program but at this time, we recommend an iBank-WIFIA two-step loan strategy for the first $41M loan.
3 The WIFIA funding “floor” is $20M and will fund up to 49% of a project, hence the iBank loan is set to provide 51%.
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Packet Pg. 396 Attachment: Executive Summary - City of Pacifica WW Funding Strategy (5985 : Resolution To Authorize City Manager to Apply for WIFIA
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/25/2025
1 SUBJECT:
Resolution to authorize the City Manager to execute an agreement for Financial Services for Development Impact Fee Study, Cost Allocation Plan, and Comprehensive User Fee Study with Willdan Financial Services
RECOMMENDED ACTION:
Adopt the attached resolution authorizing the City Manager to execute an agreement with Willdan Financial Services in the amount of $93,260, to provide consulting services for the preparation of a Development Impact Fee Study, Cost Allocation Plan, and Comprehensive User Fee Study.
STAFF CONTACT:
Marisol Gómez, Director of Finance and Administrative Services (650) 501-0257
[email protected]
Lucy Xie, Deputy Finance Director
(650) 501-6014
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica’s development impact fees, user fees, and internal cost allocation plan have not undergone a comprehensive update in many years. The last Cost Allocation Plan and User Fee Study was completed in 2013, based on FY 2011 budget data. Best practices in California recommend that jurisdictions update these studies every 5 to 8 years to ensure fees accurately reflect current service delivery costs, legal requirements, and community expectations. The significant time lapse since the City’s last study means the current fee structures are likely to result in under-recovery of costs across many departments.
To ensure that the City’s fees are aligned with current service levels, legal standards, and support long-term financial sustainability goals, the Finance Department issued a Request for Proposals (RFP) in May 2025 for the following services:
• A Development Impact Fee (DIF) Study
• A Full Cost Allocation Plan (CAP)
• A Comprehensive User Fee Study
The City received six proposals that were evaluated against the following criteria:
• Quality of Proposal: clarity, conciseness, organization, and completeness of the proposal and responses
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• Experience: experience conducting similar work for municipal agencies, particularly in California.
• Team Qualifications: qualifications and expertise of key personnel assigned to this project
• Understanding of Objectives: demonstrated understanding of the City’s needs and a thoughtful approach to delivering services
• Pricing: reasonableness and transparency of proposed fees, hourly rates, and total cost Following the initial evaluation, three firms, Willdan Financial Services, Baker Tilly, and Matrix Consulting Group, were invited to participate in the second round presentation and interview.
Based on demonstrated understanding of the project scope, approach and methodology, team expertise and experience, communication and presentation skills, responsiveness during the interview process, and clarity of the proposed project management and timeline, Willdan Financial Services was selected as the most qualified firm.
Willdan Financial Services is a nationally recognized public finance consulting firm with over 30 years of experience providing complex financial, economic, and capital planning services to local governments.
The firm specializes in cost recovery, rate and cost of services studies, impact fee programs, utility rate studies, funding strategies and capital planning, debt issuance support, and fiscal analysis, with a strong track record of work throughout California. Willdan’s approach emphasizes powerful, yet user-friendly analytical models designed to run multiple scenarios and produce clear, actionable financial insights. All models are supported by interactive user assistance to ensure clarity and usability. Their consultants work closely with agency staff to translate data into meaningful narratives that inform decision-making.
Willdan’s proposal highlighted the following strengths:
• Deep expertise and extensive experience conducting CAP, DIF, and User Fee Studies across California jurisdictions, including cities similar in size and complexity to Pacifica; • A collaborative approach with City staff to ensure accurate data collection, tailored modeling, and efficient use of staff time;
• A robust and legally defensible methodology aligned with applicable state and federal laws and regulations, including AB 1600, Proposition 26, Proposition 218, and 2 CFR Part 200;
• Strong public communication skills, with commitments to participate in study sessions and public hearings, and to provide presentation materials for Council and community review.
• A dedicated seven-person project team with a proven track record of delivering successful outcomes for other Bay Area cities, including Foster City, Sausalito, Alameda, and San Bruno.
COLLABORATION AND PUBLIC ENGAGEMENT:
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Throughout the duration of the project, Willdan will work closely with City staff to gather operational data, review findings, and refine assumptions. A detailed project schedule will be finalized upon contract execution, including biweekly progress updates and regular check-ins with City staff to allow for review of preliminary findings and recommendations prior to presenting the final findings to the City Council and public hearings during fee and plan adoption processes. It is the City’s goal to have this project completed in time for the development of the FY 2026-27 Budget. These efforts will ensure transparency and alignment with City needs and expectations and support the development of a fiscally sound and legally defensible fee structure consistent with City policy and cost-recovery goals.
Willdan’s proposal demonstrated extensive experience working with California municipalities, a well-defined methodology for each project component, and a strong understanding of Pacifica’s operational and staffing realities through recent past projects. Their ability to perform the work independently while producing defensible, clear, and actionable deliverables was a key factor in the selection.
PROJECT SCOPE:
Willdan will undertake the following:
• Development Impact Fee Study
Willdan will prepare a legally and analytically defensible nexus-based study in accordance with AB 1600 (Mitigation Fee Act) and applicable case law. The study will quantify the relationship between new development and the need for public infrastructure improvements, using capital improvement plans, General Plan elements, and other planning documents as the inputs. Methodology will include service population projections, facility standards, cost apportionment, and impact analysis by land use type.
Willdan will also perform benchmarking against comparable jurisdictions and provide defensible draft and final reports available for public review and Council adoption. • Cost Allocation Plan
Willdan will develop a fully compliant internal cost allocation model compliant with federal OMB guidelines and 2 CFR Part 200. The plan will calculate the full cost of internal services and allocate overhead to direct service departments based on rational, equitable, and auditable allocation factors (e.g., FTEs, square footage, time-use studies). In addition to a comprehensive allocation model, Willdan will calculate a fully burdened hourly rate report for all relevant staff positions, incorporating direct labor, benefits, and overhead. The final deliverables will be formatted for both internal management use and external reporting, including grant compliance, interagency billing, and cost recovery justifications.
• Comprehensive User Fee Study
Willdan will conduct a citywide user fee analysis to determine the full cost of providing discretionary services across all City departments. The study will include direct and indirect costs, administrative overhead, third-party and capital-related expenses, and will evaluate existing fees and identify potential new fees where appropriate. The study will also assess any policy-based subsidies to support Council’s discussion on cost-recovery goals. The study will also include benchmarking of selected fees against peer jurisdictions to provide additional context for decision-making. 11 Packet Pg. 399
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All deliverables will include clear, transparent and easily customizable excel models, supporting documentation, draft and final reports, and presentation materials suitable for public review and Council adoption.
ALTERNATIVE ACTION:
Council may choose not to approve the agreement or direct staff to modify the scope of the project. However, deferring this project would delay the City’s ability to ensure adequate cost recovery, update its fee structure, and meet compliance with legal and financial best practices.
ENVIRONMENTAL REVIEW:
The approval of the Agreement with Willdan Financial Services to provide consulting services for the preparation of a Development Impact Fee Study, Cost Allocation Plan, and Comprehensive User Fee Study is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This item furthers several of the City Council’s Strategic Goals and the City’s efforts to:
• Enhance Organizational and Fiscal Stability
• Improve and steward City infrastructure, streets, and facilities • Prioritize protection and development of affordable housing • Broaden public communications and collaboration
By comprehensively updating the City’s development impact fees, user fees, and cost allocation methodologies, this initiative will help ensure that Pacifica’s fee structures are transparent, equitable, and based on the true cost of service. This enhances long-term revenue stability, promotes responsible budgeting, and supports compliance with state and federal financial standards.
The updated Development Impact Fee Study will help ensure that new development contributes its fair share toward critical infrastructure needs-such as transportation, parks, and public safetywhile allowing for thoughtful policy decisions that encourage the production of affordable housing. Through clear documentation and flexible modeling, the study will help the City identify where fee reductions, subsidies, or exemptions may be appropriate to support housing affordability goals, while maintaining overall fiscal health.
Additionally, the project will include opportunities for public and Council input, reinforcing the City’s commitment to inclusive governance and transparent decision-making.
FISCAL IMPACT:
There is no additional fiscal impact associated with this budgeted project. The Adopted FY 2025-26 Budget includes sufficient funds to cover the total not to exceed cost of this project in the amount of $93,260, inclusive of all fees and reimbursable expenses. 11 Packet Pg. 400
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ORIGINATED BY:
Finance Department
ATTACHMENT LIST:
Attachment 1: Agreement for Consultant Services with Willdan Financial Services(DOCX) Attachment 2: Willdan Professional Services RFP presentation (PDF) 11 Packet Pg. 401
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August 25, 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH WILLDAN FINANCIAL SERVICES FOR
A DEVELOPMENT IMPACT FEE STUDY, COST ALLOCATION PLAN, AND
COMPREHENSIVE USER FEE STUDY
WHEREAS, the City of Pacifica recognizes the need to update its development impact fees, cost allocation methodologies, and user fees to ensure financial sustainability, legal compliance, and transparency in service cost recovery; and WHEREAS, the City issued a Request for Proposals (RFP) in June 2025 and received six proposals from qualified firms to conduct a comprehensive Development Impact Fee Study, Cost Allocation Plan, and Comprehensive User Fee Study; and WHEREAS, after evaluating all proposals and conducting interviews with the top three firms, City staff determined that Willdan Financial Services was the most qualified firm based on their experience, technical approach, and ability to complete the project with minimal disruption to City staff; and
WHEREAS, the total cost of the proposed services is $93,260, for which sufficient funds have been included in the adopted FY 2025–26 budget;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, California, that the City Council hereby authorizes the City Manager to execute a contract with Willdan Financial Services in an amount of $93,260 to complete the Development Impact Fee Study, Cost Allocation Plan, and Comprehensive User Fee Study, with the scope and terms substantially as presented in the accompanying exhibit. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of August 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 11 Packet Pg. 402
- 1 -
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 25th day of August 2025, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Willdan Financial Services a corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires comprehensive cost and fee study services in connection with the Development Impact Fee (DIF) Study, Full Cost Allocation Plan (CAP), and User Fee Study; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
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Packet Pg. 403 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 2 -
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $93,260 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or
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Packet Pg. 404 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 3 -
corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 2026.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Marisol Gómez, its Director of Finance and Administrative Services, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and
CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
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Packet Pg. 405 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 4 -
4.2. CONSULTANT Contact. CONSULTANT designates Chris Fisher as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct.
CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations
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Packet Pg. 406 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 5 -
and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
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Packet Pg. 407 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 6 -
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance.
These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email:
[email protected]
If to CONSULTANT: Chris Fisher
Director, Vice President
Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, California 92590
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Packet Pg. 408 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 7 -
T: 951.587.3528
F: 951.587.3510
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the
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Packet Pg. 409 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development - 8 -
same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
__________, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
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Packet Pg. 410 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development -
9-
CONSULTANT
_______________________________
By: Date
By: Date
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Packet Pg. 411 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development
EXHIBIT A
SCOPE OF WORK
1. Project Overview
The consultant (Willdan) shall perform a comprehensive Development Impact Fee (DIF) Study, Full Cost Allocation Plan (CAP), and User Fee Study for the City of Pacifica. The objective is to ensure legal compliance with applicable laws (e.g, AB 1600, Prop 26, Prop 218, etc.), maximize transparency and cost recovery, and ensure long-term fiscal sustainability of the City's fee structures while minimizing staff workload.
2. Project Components & Deliverables
A. Development Impact Fee (DIF) Study
• Conduct a legally compliant nexus analysis in compliance with AB 1600 / Mitigation Fee Act
• Review existing relevant planning documents (General Plan, Local Coastal Program, Capital Improvement Plan, etc.)
• Determine growth projections and identify facilities and capital projects impacted by new development
• Calculate updated development impact fees based on clearly documented assumptions • Benchmark against up to eight (8) appropriate peer jurisdictions • Attend up to four City Council/stakeholder public meetings (e.g., study sessions, and fee adoption hearing) and present the findings
• Deliverables:
o Draft and Final Report
o Fee schedule with defensible calculation basis
o PowerPoint presentation materials (as needed)
B. Cost Allocation Plan (CAP)
• Identify all central service departments, overhead and indirect cost centers • Develop allocation methodologies using defensible assumptions bases and City data • Allocate central service costs across departments in compliance with 2 CFR Part 200 and best practices
11.a
Packet Pg. 412 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development • Prepare a flexible and editable excel-based model and supporting documentation for the City’s ongoing internal use
• Deliverables:
o Draft and Final Cost Allocation Plan Report
o Excel model/tool with full supporting documentation that is editable by City staff C. Comprehensive User Fee Study
• Review all City user fee-based services (e.g., Administration, Planning, Building and Public Works, Police and Fire, Parks, Beaches & Recreation) • Identify direct and indirect costs to determine fully burdened cost of service • Evaluate current fee structure against full cost and policy objectives • Identify any fees that may warrant subsidy, policy adjustment, or removal and provide justification for consideration
• Benchmark up to 20 fees with up to 5 appropriate peer jurisdictions • Participate in up to two (2) City Council/stakeholder meetings (e.g., study session, and adoption hearing)
• Deliverables:
o Draft and Final User Fee Report
o Updated user fee schedule with cost basis documentation o Council presentation materials
D. Legal Defensibility and Support
Willdan will provide up to 20 hours of support following the completion of the project and adoption of the updated fees, in the event of a legal or other challenge. This time is allotted to respond to questions and/or provide clarification or supporting information as needed, to address questions or challenges about the adopted fees. Any work beyond the initial allotment of 20 hours would be billed at Willdan’s hourly rates included in this agreement in Exhibit B.
3. Project Management & Communication
• Hold kick-off meeting with City staff
• Develop a detailed project timeline and milestone schedule within 2 weeks of contract execution
• Establish bi-weekly check-ins by email and conference calls when necessary.
11.a
Packet Pg. 413 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development • Consolidate and clarify all data requests to reduce staff time burden to the best extent possible, given that the Cost Allocation Plan/User Fee Study and the Development Impact Fee Study will utilize different sets of data, and the analysis for each of these studies is independent of the other.
• Deliverables:
o Finalized project timeline and schedule
o Biweekly project status updates
o Meeting notes and summaries (as needed)
4. City Responsibilities
• Provide timely access to relevant financial, operational, and planning documents • Coordinate internal staff meetings and interviews as needed • Provide timely responses to requested project data and information within agreed timelines.
• Provide feedback on draft deliverables within agreed timelines
5. Timeline
The Consultant shall complete the scope of services outlined in this exhibit within a mutually agreed-upon schedule, with the goal of minimizing staff burden while meeting statutory and policy objectives. The following are target milestones, subject to adjustment upon project kickoff:
• Project kickoff: within 2 weeks of contract execution • Draft Development Impact Fee (DIF) Study: Within twenty-four (24) weeks of the start of the task
• Draft Cost Allocation Plan (CAP): Within sixteen (16) weeks of the project kickoff • Draft Comprehensive User Fee Study: Within eighteen (30) weeks of the project kick off City Council and stakeholder presentations: to be scheduled in coordination with City staff in alignment with the City Council’s regular calendar
• Final report and deliverables: no later than three (3) weeks prior to the scheduled City Council adoption meetings
11.a
Packet Pg. 414 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development Municipal Advisory Project Disclaimer
Willdan is a registered municipal advisory firm with the U.S. Securities and Exchange Commission (“SEC”), as such we are providing the following disclaimer representing that we are not acting as a Municipal Advisor (as defined by the SEC), to the City of Pacifica, in any capacity as it relates to the Development Impact Fee, Cost Allocation Plan and Comprehensive Fee Study project in this contract.
(i) The City uses the services of one or more municipal advisors registered with the SEC to advise it in connection with municipal financial products and the issuance of municipal securities; (ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cashflow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
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Packet Pg. 415 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development
EXHIBIT B
Compensation
1. Total Compensation
The total compensation for all services described in Exhibit A shall not exceed $93,260, inclusive of all labor, expenses, and applicable taxes for the Cost Allocation Plan, Comprehensive User Fee Study and Development Impact Fee study.
2. Fee Structure
Compensation shall be based on the following schedule:
• Cost Allocation Plan $11,410
• Comprehensive User Fee Study $29,950.
• Development Impact Fee study $51,900
3. Invoicing & Payment
The consultant shall invoice the City monthly for work completed based on percentage of project completed, detailing hours worked, and tasks performed. Payment shall be made within 30 days of invoice approval.
4. Reimbursable Expenses
The fixed amount of the contract does not allow for any other reimbursable expenses.
5. Change Orders / Additional Services
Any services not included in Exhibit A must be approved in writing by the City before work begins and may be subject to a contract amendment.
Additional meetings beyond those outlined in the scope of services can be added for a cost of $1,250 per meeting.
The following are the hourly rates for the Willdan Staff for additional services:
11.a
Packet Pg. 416 Attachment: Attachment 1: Agreement for Consultant Services with Willdan Financial Services (6007 : Financial Services for Development Cost Allocation Plan, Comprehensive User Fee Study
& Development Impact Fee Study
City of Pacifica
11.b
Packet Pg. 417 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
City of Pacifica Project Team
2 Samantha Labitan
Tony Thrasher
Priti Patel
Carlos Villarreal, MPP James Edison, MPP, JD
Bob Quaid, CPA
Cost Allocation Plan &
User Fee Study
Project Manager
15 years experience
Development
Impact Fee Study
Project Manager
26 years experience
Cost Allocation Plan &
User Fee Study
Financial Analyst
11 years experience
Development
Impact Fee Study
Lead Consultant
19 years experience
Cost Allocation Plan &
User Fee Study QA/QC
40 years experience
Chris Fisher
Principal-in-Charge
26 years experience
Cost Allocation Plan &
User Fee Study
Financial Analyst
8 years experience
11.b
Packet Pg. 418 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Willdan Financial Services
3 Cost Allocation and
User Fee Studies
Development
Impact Fees
Utility Rates
Financial and Economic
Impact and Feasibility
Special District Formation
and Administration
(CFD, AD)
Bond Compliance
(IRS and SEC)
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Packet Pg. 419 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Experience & Advantage
• Familiar perspective and unique insight
– Municipal operations and service delivery, extensive fee experience – Policy and political factors affecting User and Impact Fee Studies • Previous experience in Pacifica
• Willdan staff depth and multi-disciplinary analysts
– Pooled resources allow immediate accessibility, responsiveness – Considerable experience – 20 + CAP/UF/DIF projects over past 2 years • Collaborative approach with City staff, stakeholders
• Recent, ongoing & local experience provides valuable insight – Belmont, Foster City, Sausalito, Union City, Alameda, Richmond, Hayward, Benicia, Napa, Mountain View, East Palo Alto, San Anselmo, San Bruno, Petaluma, Morgan Hill, Pismo Beach, and Patterson
• Customized, updatable Excel models built for specific needs • Unique CAP/UF/DIF expertise combo, extensive CA experience 4 11.b
Packet Pg. 420 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Business Confidential - Willdan
Cost Allocation Plan
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Packet Pg. 421 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Evaluate
central service
department costs,
determine which
are appropriately
allocable
Overview of CAP and
Hourly Rate Process
6 Review
budget, ACFR,
organizational
structure
1 Identify
major functions of
central overhead
organizations
2 3
Determine
how other
departments utilize
and benefit from
central service
functions
4 Use
model and bases
data to allocate
central service
costs
Identify
distribution bases
that best represent
use of those
functions & collect
necessary data
5 6
Calculate
department
overhead and
hourly rates for
City positions
7 Present
results, report and
model – in
understandable
terms!
8 11.b
Packet Pg. 422 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Fully Burdened Rate Calculation
Fully
Burdened
Rate
Central
Services
Overhead
(Indirect)
Departmental
Overhead
(Direct)
Personnel
Costs
7 11.b
Packet Pg. 423 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Comprehensive User Fee Study
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Packet Pg. 424 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
9 Incorporate or establish cost recovery goals
• Fee subsidies are commonly used to allow access to services and facilitate compliance
Determine full cost of providing services or programs
Recommend fee structure adjustments (if necessary)
Identify appropriate fee levels that:
• Enhance reasonability and applicability
• Maintain consistency with local policy and objectives • Maintain legal compliance with state law
User Fee Study Objectives
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Packet Pg. 425 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
10 Overview of User
Fee Study Steps
Develop User
Fee Model,
incorporate fee
schedules
Interactively
review
service
delivery
processes &
effort *
Identify
potential new
fees (not
currently
collected)
Using fullyburdened
rates,
calculate full
cost recovery
Refine and
update final
model inputs
with City
Staff
Incorporate
policy
objectives
Finalize
actual fee
recovery
levels, create
report
1 2 3 4
5 6 7
* Ensures accuracy, integrity of model inputs, our understanding of service delivery processes
Present
findings to
public and
Council
8 11.b
Packet Pg. 426 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Development Impact Study
11.b
Packet Pg. 427 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
12 What is a Development
Impact Fee?
One-time charge
1 Imposed at building permit stage
Imposed on all development projects within
a defined geographic area
Not a special tax or assessment
Not subject to Proposition 218
approval requirements
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Packet Pg. 428 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Mitigation Fee Act Findings
(Govt. Code §66001)
• Technical Findings
• Need: Development need for facilities
• Benefit: Development use of revenue
• Rough Proportionality: Fee amount
development’s share of facility costs
• Other findings
• Purpose of fee
• Use of fee revenue
13 11.b
Packet Pg. 429 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Impact Fee Approach
Final Report
Planned Facilities
& Costs
Funding &
Financing
Implementation
Strategy
Cost Allocation &
Fee Schedule
Public Hearing
& Adoption
Facility Standards
Existing Development
& Facilities Future Growth
14 11.b
Packet Pg. 430 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
Questions
11.b
Packet Pg. 431 Attachment: Attachment 2: Willdan Professional Services RFP presentation (6007 :
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/25/2025
1 SUBJECT:
Adoption of an Ordinance by the City of Pacifica to approve rezoning of 30 sites, add Articles 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 35, 66, and 67, and amend Articles 2, 3, 5, 6, 6.5, 23, 24, 25, and 28, of Chapter 4 of Title 9 of the Pacifica Municipal Code (PMC), implementing 6th Cycle (2023-2031) Housing Element Programs (CEQA Status: Environmental Impact Report Certified and Adopted by Resolution No. 72-2025)
RECOMMENDED ACTION:
Waive the second reading and move to adopt an “Ordinance of the City Council of the City of Pacifica to approve rezoning of 30 sites, add Articles 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 35, 66, and 67, and amend Articles 2, 3, 5, 6, 6.5, 23, 24, 25, and 28, of Chapter 4 of Title 9 of the Pacifica Municipal Code (PMC), implementing 6th Cycle (2023-2031) Housing Element Programs (File No. 2025-007, Rezoning RZ-216-25, Text Amendment TA-128-25)” (CEQA Status: Environmental Impact Report Certified and Adopted by Resolution No. 72-2025) STAFF CONTACT:
Samantha Updegrave, LEED AP, Community Development Director (650) 738-7443
[email protected]
Brianne Harkousha, AICP, Deputy Director
(650) 738-7443
[email protected]
BACKGROUND:
The City is required by state law to adopt zoning as required by its 2023–2031 Housing Element to facilitate the development of housing for all income levels. The Housing Element is currently uncertified and the City must complete the rezoning of identified sites before the California Department of Housing and Community Development (HCD) can certify the Housing Element.
The proposed Housing Element Rezoning Program includes General Plan amendments, Zoning Code amendments, and map changes to implement Housing Element policies and designate appropriate sites for housing. Adoption of the rezoning program is necessary for the City to formally submit the full rezoning package to HCD and initiate the certification review process.
The Planning Commission (PC) considered the proposed program over three public hearings, provided detailed direction, and recommended adoption with several refinements. The proposed rezoning program would establish appropriate zoning and objective development standards for 30 sites identified in the Housing Element, excluding Site 23-Sanchez Art Center, as necessary to accommodate the City’s Regional Housing Needs Allocation (RHNA). The Planning Commission adopted the following resolutions recommending approval of the Rezoning Program:
• Resolution No. 2025-007 recommending approval of rezoning Site 19 (May 19, 2025); • Resolution No. 2025-008 recommending approval of rezoning Sites 38, I, and J (June 2, 2025);
12 Packet Pg. 432
Pacifica City Council 2
August 25, 2025
• Resolution No. 2025-009 recommending approval of General Plan Amendments (GPA108-25), Rezoning (RZ216-25), and adoption of Zoning Text Amendments (TA-128-25) (July 7, 2025); and
• Resolution No. 2025-010 recommending certification of the Final Environmental Impact Report and adoption of environmental documents (July 7, 2025).
On August 11, 2025, the City Council held a duly noticed hearing to consider the Rezoning Program and took the following actions:
• Certified the Environmental Impact Report and adopted the Findings of Fact and Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program (Resolution No. 72-2025);
• Approved amendments to the General Plan and new Land Use Designations (Resolution No. 73-2025); and
• Waived the first reading and introduced an “Ordinance of the City Council of the City of Pacifica to approve rezoning of 30 sites, add Articles 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 35, 66, and 67, and amend Articles 2, 3, 5, 6, 6.5, 23, 24, 25, and 28, of Chapter 4 of Title 9 of the Pacifica Municipal Code (PMC), implementing 6th Cycle (2023-2031) Housing Element Programs. (File No. 2025-007, Rezoning RZ-216-25, Text Amendment TA-128-25).
For detailed information about the rezoning program, please refer to the City Council Agenda Packet for August 11, 2025 (https://pacificacityca.iqm2.com/Citizens/Default.aspx).
The City Council made changes to the General Plan resolution prior to its adoption to remove references to Housing Element Implementation Program HE-I-1 and remove maximum FAR. In addition, the City Council revised the Zoning Ordinance prior to its introduction, as summarized in the table below.
Table 1: Council-Directed Changes to Rezoning Ordinance (PMC Title 9, Chapter 4) Code Section Revision
Ordinance Recitals
and Findings
Removed references to Housing Element Implementing Program HE-I-1. 9-4.2501(a)
Building Height
Modified the definition of building height so it is measured from the existing or finished grade point, whichever is lower. Conforming edits to development standard table to remove reference to “Average” height in new zoning districts.
9-4.2818(a)(2)-(3)
Off-Street Parking
Modified the residential parking reductions for one-bedroom units and guest parking so they only apply in new districts; conforming edits to numbering.
9-4.5402(b)(1)
Development
Standards
Clarified that the 10-foot setback above second story applies only along any street-facing facade.
9-4.5403(b)
State Law By Right
Approval
Revised for clarity as follows: “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 65583.2(h) and 65583.2(i), as may be amended from time to time. Specifically, it applies to the sites designated to address the shortfall of lower-income RHNA units listed in the City of Pacifica 6th Cycle (2023-2031) Housing Element sites inventory.”
9-4.5403(c)
State Law By Right
Approval
Corrected reference to state law to 66583.2(i).
9-4.5902 (MU-30) Removed maximum FAR allowances from Development Regulations 12 Packet Pg. 433
Pacifica City Council 3
August 25, 2025
9-4.6002 (MU-40)
9-4.6102 (MU-50)
9-4.6202 (MU-60)
tables in the Mixed Use (MU) districts.
1. Project Description
The Ordinance would implement a portion of the overall “Rezoning Program,” which consists of a package of amendments to the City of Pacifica’s General Plan, Zoning Ordinance, and associated components to bring the City into compliance with state housing laws. Specifically, the Ordinance would make Zoning Map amendments and amend the Zoning Code.
The amendments were analyzed in a comprehensive Environmental Impact Report (EIR) and are necessary pursuant to Housing Element Implementing Action 1 (HE-I-1), General Plan and Zoning Amendments to Achieve RHNA1, which was certified by the City Council on August 11, 2025 (Resolution No. 72-2025). Adoption of the Rezoning Ordinance is the final step that would enable the City‘s 2023-2031 Housing Element to obtain final certification from HCD.
2. Summary of Proposed Zoning Code and Zoning Map Amendments The Rezoning Program requires zoning ordinance amendments (Attachment A, Exhibit A) to establish zoning and combining districts, and objective standards that establish allowable uses and design and development standards for new development on sites required to be rezoned in the Housing Element. Some changes would apply citywide to comply with state laws or to clarify existing zoning provisions and improve consistency across districts.
A redlined text version of the Zoning Ordinance revisions that were made prior to introduction is included as Attachment B for reference.
• New Zoning Districts
Proposed Zoning Districts align with the proposed General Plan Land Use Designations as described below:
Table 2: Proposed Zoning Districts
Zoning Districts
20-30
units/ acre
25-40
units/ acre
30-50
units/ acre
40-60 units/ acre
Multifamily Residential (R-#) R-30 R-40 R-50 R-60
Mixed Use (MU-#) MU-30 MU-40 MU-50 MU-60
Mixed Use Institutional (MU-I-#) MU-I-30 MU-I-40 MU-I-50 MU-I-60 • Zoning Text Amendments
o New Articles Added to Zoning Ordinance
Additionally, new articles are proposed for each new zoning designation and design standards to accommodate future higher density development proposals.
Table 3: New Articles Added to Zoning Ordinance
Article Topic Summary of Amendments
Article 54 Higher
Density
Establish objective standards for use, such as minimum
residential floor area requirements for MU-# and MU-I-# Districts; 1 Regional Housing Needs Allocation
12 Packet Pg. 434
Pacifica City Council 4
August 25, 2025
Residential
and Higher
Density
Mixed-Use
Districts
establish objective design standards including stepbacks above the second story, ground-level and frontage requirements, and standards for ground-floor commercial uses. Also includes section related to state requirements for by-right review on certain sites with proposed housing development projects that meet specific criteria.
Articles
55 – 66
New Zoning
Districts &
Standards
Establish 12 new base districts (e.g., R-30 to R-60, MU-30 to MU-60, MU-I-30 to MU-I-60) to implement the Housing Element; includes permitted uses and development standards. Establish specific regulations and objective design and development standards for new zoning districts.
Article 67 MultipleFamily
Housing
Polygon
Combining
District
To promote multi-family residential and/or mixed-use residential development per the underlying zone, within specific areas or polygons on a larger site.
o Revised Existing Articles and Sections. Several existing zoning code sections are proposed for revision to align with current State housing laws, support implementation of the Rezoning Program, and improve internal consistency within the code. These updates clarify how density, parking, and development standards apply to new zoning districts and reflect best practices to facilitate housing production.
Table 4: Revisions to Existing Articles & Sections
Article Topic Summary of Amendments
Article 2
(Revised)
Definitions Revised terms like ‘Family’ to be consistent with State law. Adds terms like ‘Stepback', and ‘Mixed Use Residential,’ and clarifications to existing definitions to support new code sections.
Article 3
(Revised)
Establishment
of Districts
Updates established districts with new districts.
Article 5
(Revised)
R-2 Two
Family
Residential
District
Standards
Updates permitted and conditional uses to align with State law. • Family daycare homes, defined as serving 14 children or less, are considered residential uses pursuant to State law and cannot be subject to zoning review or required to obtain a business license. The use would be removed from the
permitted uses to clarify that it is not a separate use, and the definition in Article 2 would have a conforming edit. • Per the State’s definition of Family daycare homes, the maximum number of children is 14. Therefore it is not
necessary to have a conditional use allowance for homes over 14 children and this conditional use was deleted.
Article 6
(Revised)
R-3 Multiple
Family
Residential
District
Standards
Article
6.5 (Revised)
R-3/L.D.
Multiple
Family
Density
Residential
District
Article 23
(Revised)
General
Provision and
Exceptions
Revises rounding of numbers in calculating density to align with State law.
Article 24 Residential Specifies that new districts are not subject to clustered housing 12 Packet Pg. 435
Pacifica City Council 5
August 25, 2025
(Revised) Clustered
Housing
Development
Standards
standards and refers development in new districts to standards in Article 54 for Higher Density Residential and Higher Density Mixed Use Districts.
Article 25
(Revised)
Height Limits Refines language for measuring building height citywide. Adds standards for rooftop projections and elevators. Revises retaining wall measurement.
Article 28
(Revised)
Off-street
Parking and
Loading
Clarifies language, reduces parking requirements for two-family and multiple-family units per HE-I-1, revises standards to allow more flexibility for higher density housing, adds non-residential parking standards for the new districts similar to the Sharp Park Specific Plan.
• Zoning Map Amendments
A revised Zoning map and detailed section maps have been prepared to show the new zoning designations (Attachment A, Exhibit B).
3. Policy Considerations
For the Council’s consideration, the Rezoning Program represents a key milestone in fulfilling the City’s legal obligation under State Housing Element law while advancing broader policy goals related to housing, equity, and responsible growth. Adoption of the Zoning Code and Zoning Map amendments will allow the City to formally submit the Housing Element, which must include an adopted rezoning package, to HCD for review and potential certification of the 2023- 2031 Housing Element.
Implementation of the Housing Element
The purpose of Program HE-I-1, General Plan and Zoning Amendments to Achieve RHNA, is to create the regulatory framework to accommodate the RHNA sites inventory, promote development of multi-family housing, including rental housing and missing middle housing, as well as address land use constraints2to make the production of housing more likely.
Specifically, this program is designed to address constraints including governmental land use constraints related to the general plan, zoning, local coastal plan, and multi-family housing. The program also indirectly addresses many of the nongovernmental, environmental, land cost, construction cost, financing, and California Coastal Act constraints.
Program HE-I-1 is comprised of 17 implementation actions3that address City processes and policies (governmental constraints) and external factors such as development costs (nongovernmental constraints) to reduce barriers and encourage the development of a variety of housing types and affordability. The timeline for these actions spans from 2025 through 2027.
Specifically, the Rezoning Program addresses the policies in the Council-adopted 2023-2031 Housing Element and implements HE-I-1 by:
Table 5: Program HE-I-1 Applicable Implementing Actions # Implementing Action Rezoning Program
1 Amend General Plan Land Use
designations and zoning designations to
accommodate the RHNA by May 2025.
Land Use and Zoning designations updated
on 30 of the 31 Housing Opportunity Sites.
2 See Appendix G “Housing Constraints” of the 2023-2031 Housing Element for detailed discussion 3 See “HE-I-1 General Plan and Zoning Amendments to Achieve RHNA” in the 2023-2031 Housing Element for a list of all implementing actions
12 Packet Pg. 436
Pacifica City Council 6
August 25, 2025
2 Review the zoning regulations and map to
identify inconsistencies between the
general plan densities and uses and the
currently adopted zoning regulations and
amend accordingly to resolve.
Housing Element is part of the General
Plan, and rezoning program addresses
inconsistencies by creating new zoning
designations and objective design and
development standards and makes other
minor changes to Zoning Ordinance to
facilitate consistency.
4 Complete any required CEQA
environmental analysis for redesignation
and rezoning by May 2025.
Draft EIR published December 14, 2024;
Final EIR and environmental documents
proposed for certification and adoption.
8 Rezone to implement state Government
Code sections 65583, subdivision (c)(1)
and 65583.2 subdivisions (c), (h), and (i) to
allow approval of residential developments
“by-right” if at least 20 percent of the units
are affordable to low income, including
sites identified in multiple housing
elements and sites to accommodate lowerincome RHNA shortfall.
Provisions included in PMC Section 9-
4.5403 “State Law By-Right Approval
Requirements.”
10 Rezone the following core RHNA sites to
60 dwelling units per acre: Sites 10, 18,
27A, 27B, and 32.
Proposed.
11 Rezone the following surplus sites to 60
dwelling units per acre: Site 12.
Proposed.
13 Amend Zoning Code for the commercial
and mixed-use sites included to achieve
RHNA to require a minimum amount of
residential within the development and
prohibit 100% commercial uses and other
requirements in accordance with
Government Code section 65583.2.
Proposed in Article 54 “Higher Density
Residential and Higher Density Mixed Use
Districts,” as well as the individual MU-#
and MU-I-# Districts.
14 Amend zoning code to remove constraints
to housing production including:
a. Reduce the off-street parking
requirement for studio and one-bedroom
units to one parking space per unit
(covered or uncovered), and require no
guest parking for such units citywide.
b. Revise use and density descriptions
regarding the term “Family” within the
zoning regulations citywide.
c. Increase height limits where necessary
to achieve RHNA capacity on sites.
d. Reduce setbacks where necessary to
achieve RHNA capacity on sites.
a. Parking: Reduced parking requirements
for two-family and multi-family uses in
newly created districts.
b. “Family” definition revised.
c. Heights of rezoned sites can
accommodate RHNA, however, the
citywide methodology for measuring height,
even with clarifying edits recommended by
the Planning Commission, is a constraint
on sloped lots that may require the use of
waivers to achieve the densities
established in the General Plan and Zoning
Ordinance.
d. Setbacks on rezoned sites have been
scaled to accommodate RHNA
4. Next Steps
If the Rezoning Program is adopted by City Council, the next steps include the following:
12 Packet Pg. 437
Pacifica City Council 7
August 25, 2025
• Submittal to HCD: Staff will finalize and formally transmit the 2023-2031 Housing Element (adopted March 24, 2025) and adopted rezoning package to HCD for formal review;
• HCD Review: HCD is allotted 60 days to complete their review of the Housing Element, including the rezoning program, for compliance with state housing element law.
However, they have indicated that they will try to expedite their review after the second reading/adoption. If additional revisions are requested, staff may return to the Planning Commission and City Council with proposed amendments to the adopted ordinance. In their letter dated March 19, 2025, HCD indicated that the City’s Housing Element as adopted on March 24, 2025, would be in compliance upon completion of the rezoning program. In a mutual effort to ensure compliance, staff have been coordinating with HCD on the rezoning program between April and July 2025, including reviewing recommended changes from the Planning Commission.
• Housing Element Certification: Upon HCD approval of the rezoning program, the City’s Housing Element would be deemed compliant with State law, and effectively certified;
• Implementation of Rezoning Program: Staff will begin implementing new zoning standards, update internal procedures and application materials, and track progress through required annual reporting to HCD. (HE-I-1, Actions 15 and 17) • Local Coastal Land Use Plan (LCLUP): Staff will submit an LCP amendment to the to the California Coastal Commission for land use and zoning changes to four sites within the coastal zone. (HE-I-1, Action 3)
• Mid-Cycle Review: Staff will complete a mid-cycle review in 2027 of the status of progress toward reaching RHNA. (HE-I-1, Action 16)
• Future Planning Work and Continued Implementation and Monitoring of Housing Element Programs: Staff will continue to work on other program implementation items per the Council’s Strategic Plan and departmental workplan. This includes ongoing monitoring and required annual reporting to HCD.
ENVIRONMENTAL REVIEW (CEQA):
An Environmental Impact Report (EIR) was prepared to evaluate the proposed Rezoning Program consistent with the requirements of the California Environmental Quality Act (CEQA).
The EIR is intended to inform decision-makers and the public of the potential significant environmental impacts of the proposed project, consider feasible mitigation measures to minimize those impacts, and evaluate reasonable alternatives to the Rezoning Program. The Pacifica Housing Element (6th Cycle) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program Environmental Impact Report (Rezoning Program EIR) was prepared as a programmatic EIR to assess the effects of implementing the Rezoning Program, including land use and zoning changes and adoption of objective development standards.
On August 11, 2025, at duly noticed public hearing, the City Council adopted Resolution 72- 2025 certifying the Final EIR, adopting CEQA Findings of Fact and a Statement of Overriding Considerations for the significant and unavoidable impacts identified in the EIR, and adopting the Mitigation Monitoring and Reporting Program (MMRP).
PUBLIC COMMENTS:
The City received extensive written public comments during the three Planning Commission public hearings on May 19, June 2, and July 7, and the August 11 City Council public hearing (see background section above), which are available in the respective agenda. 12 Packet Pg. 438
Pacifica City Council 8
August 25, 2025
At the time of writing this staff report, staff had not received additional public comment.
RECOMMENDATION:
Suggested Motions:
A. Waive the second reading and adopt an Ordinance approving the amendments to the Zoning Code (Chapter 4 of Title 9 of the City of Pacifica Municipal Code) and the zoning map to reflect the new Zoning Districts and to ensure consistency with the Housing Element, including amendments to Articles 2, 3, 5, 6, 6.5, 23, 24, 25, 28, and addition of Articles 54 to 67 (Attachment A).
ALTERNATIVE ACTION:
The Council could take the following alternative actions, which would delay submittal of the Housing Element to HCD for certification:
• Direct the City Manager to prepare further revisions to the Land Use Designations, General Plan, Zoning Map, and/or Zoning Ordinance; and. depending on the nature of such changes, the Council could remand to Planning Commission or continue the public hearing; or
• Take no action on the Ordinance.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The proposed Housing Element Rezoning Program (HE-I-1) aligns closely with the following items in the Council-adopted Strategic Plan and Priority Work Plan for FY2025-2026:
• Goal 1: Enhance organizational and fiscal stability
o Strategy D: Prepare the Cost Allocation Plan and conduct the Development Impact Fee and Master Fee Studies.
The HE Rezoning Program lays the groundwork for future residential development, which will inform and benefit from updates to the City’s impact fees and cost allocation plans. By planning for growth proactively, the City can better align its fiscal tools with future development patterns, improving long-term financial sustainability.
• Goal 3: Prioritize protection and development of affordable housing o Strategy A: Complete the Housing Element Update
o Strategy C: Prioritize Housing Element program implementation This is the most directly applicable goal. The rezoning program is the central action needed to implement the Housing Element and meet state deadlines for rezoning adequate sites to accommodate the City’s Regional Housing Needs Allocation (RHNA), including for very lowand low-income households. Timely adoption ensures HCD certification.
FISCAL IMPACT:
Implementation of the Housing Element Rezoning Program is expected to have no significant immediate fiscal impact, as current efforts are supported by existing staff and budgeted consultant resources.
12 Packet Pg. 439
Pacifica City Council 9
August 25, 2025
Over time, the program may result in revenue increases from property taxes, development fees, and other resources, depending on the scale and timing of future development. Any increased demand on City services is expected to be gradual and consistent with the General Plan growth assumptions.
Importantly, adoption of the program is required to maintain Housing Element compliance and avoid potential financial risks, including loss of state funding eligibility and exposure to legal challenges.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (DOCX) Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (DOCX)
Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (PDF) Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (DOCX) 12 Packet Pg. 440
Pacifica City Council 10 August 25, 2025
ORDINANCE NO. (ID # 6020)
12 Packet Pg. 441
Pacifica City Council 11 August 25, 2025
* * * * *
(ID # 6020) at 8/25/2025 6:00 PM City Council Regular Meeting 12 Packet Pg. 442
4919-8692-1312 v1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA INITIATING TEXT AMENDMENT TA-128-25 TO AMEND ARTICLES 2, 3, 5, 6, 6.5, 23, 24, 25, 28, AND ADDING ARTICLES 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, OF CHAPTER 4 OF TITLE 9 OF THE PACIFICA MUNICIPAL CODE AND APPROVING REZONING RZ-216-25,
IMPLEMENTING THE HOUSING ELEMENT (2023-2031) PROGRAMS
(FILE NO. 2025-007)
WHEREAS, State Housing Element Law (Government Code Sections 655580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Pacifica’s (City) regional housing need allocation (RHNA) of 1,892 units, comprised of 538 verylow income units (of which 269 units are designated for extremely-low income), 310 low-income units, 291 moderate-income units, and 753 above moderate-income units; and WHEREAS, the City has prepared a Housing Element Update for the period 2023-2031 in compliance with State Housing Element Law, with input from the public, and has identified sites that can accommodate housing units meeting the City’s RHNA; and
WHEREAS, the City Council adopted the 2023-2031 Housing Element at the City Council meeting on January 22, 2024; and
WHEREAS, the City submitted the adopted 2023-2031 Housing Element to the State of California Department of Housing and Community Development (“HCD”) for formal review and determination that the Housing Element is in substantial compliance with State Law and for State certification; and WHEREAS, the City received a letter from HCD on March 29, 2024, providing comments regarding changes that were required in the Housing Element prior to determining that the Housing Element is in substantial compliance and certifying the Housing Element; and WHEREAS, the City coordinated with HCD regularly between March 2024 and February 2025 to discuss and prepare proposed draft changes based on comments from the March 29, 2024, comment letter and additional direction provided by HCD during this coordination; and WHEREAS, HCD requires the adoption of the Revised Housing Element and adoption of General Plan and Zoning Amendments under Housing Element Programs prior to certifying the Housing Element; and
WHEREAS, the Revised Housing Element was adopted by the City Council on March 24, 2025; and
WHEREAS, Housing Element Programs establish the task of amending General Plan Land Use designations and zoning designations to implement the Housing Element, including the development of new designations and regulations required for sites identified in the Housing Element sites inventory (collectively the “Rezoning Program”); and
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Packet Pg. 443 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 4919-8692-1312 v1
WHEREAS, completion of the Rezoning Program is necessary to receive State certification of the Housing Element; and
WHEREAS, the City of Pacifica prepared a Rezoning Program to implement Housing Element Programs, including amendments to the General Plan, Zoning Code, and General Plan Land Use Map and Zoning Maps to establish new land use designations, zoning designations, and associated regulations including allowable uses and objective standards within the new land use and zoning designations; and WHEREAS, the Rezoning Program creates the new General Plan Land Use Designations for Multifamily Residential: R-30, R-40, R-50, and R-60; and WHEREAS, the Rezoning Program creates the new General Plan Land Use Designations for Mixed Use: MU-30, MU-40, MU-50, and MU-60; and
WHEREAS, the Rezoning Program creates the new General Plan Land Use Designations for Mixed Use Institutional: MU-I-30, MU-I-40, MU-I-50, and MU-I-60; and WHEREAS, the Rezoning Program creates the new Zoning Districts for Multifamily Residential:
R-30, R-40, R-50, and R-60; and
WHEREAS, the Rezoning Program creates the new Zoning Districts for Mixed Use: MU-30, MU40, MU-50, and MU-60; and WHEREAS, the Rezoning Program creates the new Zoning Districts for Mixed Use Institutional:
MU-I-30, MU-I-40, MU-I-50, and MU-I-60; and
WHEREAS, the Rezoning Program amends General Plan text and the land use map to reflect the new General Plan Land Use Designations and to ensure consistency with the Housing Element, including amendments to Chapters 1 (Introduction), 3 (Community Design), 4 (Land Use), and 7 (Conservation); and WHEREAS, the Rezoning Program amends the Zoning Code (Chapter 4 of Title 9 of the City of Pacifica Municipal Code) and the zoning map to reflect the new Zoning Districts and to ensure consistency with the Housing Element, including amendments to Articles 2, 3, 5, 6, 6.5, 23, 24, 25, and 28, and addition of Articles 54 to 67 as provided in Exhibit A and B; and WHEREAS, the City of Pacifica Planning Division is the Lead Agency for preparing the environmental review for the Project pursuant to the California Environmental Quality Act (CEQA) and for project approval; and
WHEREAS, the Pacifica Housing Element (6th Cycle) Targeted General Plan Amendments, Rezoning, and Objective Development Standards Program EIR, State Clearinghouse No. 2024050168 was prepared for the Rezoning Program; and
WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2025-010 recommending that the City Council approve the Rezoning Program, and certify the Environmental Impact Report (EIR) for the Rezoning Program, having found that the EIR was completed in compliance with the California Environmental Quality Act (CEQA), reflects the City’s independent judgment and analysis, and includes the adoption of Findings of Fact, a Statement of Overriding Considerations, and a Mitigation, Monitoring, and Reporting Program; and
WHEREAS, the City Council of the City of Pacifica has considered the Environmental Impact
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Packet Pg. 444 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 4919-8692-1312 v1
Report (EIR) for the Rezoning Program, and, consistent with the Planning Commission’s recommendation, adopted Resolution No. 72-2025 certifying that the EIR was completed in compliance with CEQA, reflects the Council’s independent judgment and analysis, and adopting the associated Findings of Fact, Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program; and WHEREAS, the City Council of the City of Pacifica adopted Resolution No. 73-2025, approving General Plan Text and Map Amendments to implement Housing Element (2023-2031) Program; and WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on August 11, 2025, at which time it considered all oral and documentary evidence presented, and incorporates all testimony and documents into the record by reference.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Compliance with CEQA. The City Council of the City of Pacifica adopted Resolution No. 72- 2025, to certify a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations for the Project (State Clearinghouse No. 2024050168).
Section 3. Initiate Rezoning. Pursuant to Pacifica Municipal Code section 9-4.3502(b), the City Council of the City of Pacifica does hereby intend to initiate rezoning and amendments to the zoning designations of the sites listed in Table 1 below and as provided in Exhibit B (Proposed Zoning Map).
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Packet Pg. 445 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 4 Table 1. HE Sites List – Rezoning Program
Site
#
Site Name –
Address/ APNs (# Parcels)
Ex. Zoning
Ex. GP Land Use Prop. Zoning
GP
Land
Use
2 Vacant - 751 Oceana Blvd/009245030 (1
parcel)
C-2
HDR R-40 R-40
10 Lumberyard - 4275 Coast Hwy/ 018140050
(1 parcel)
C-2
MUN, OSAR MU-60 MU-60
11 Vacant - Coast Hwy, west of Vallemar
Center, northside of former lumberyard/
018140460, 018140470 (2 parcels)
C-2
MUN MU-60 MU-60
12 Vacant Former Caltrans - Hwy 1 b/w 4300-
4400 Coast Hwy/ 018140700 (1 parcel)
C-2/HPD
MUN MU-60/HPD MU-60
18 Caltrans Park n Ride – Across from Linda
Mar SC/ TBD (1 parcel)
N/A
MUN MU-60 MU-60
19 Filipino 7th Day Adventist – 533 Hickey
Blvd/009502290 (1 parcel)
P-D
LDR MU-I-30 MU-I30
20 PW Corp Yard - 155 Milagra Dr/009166010,
009252040, 009252050 (3 parcels)
C-2
Retail Commercial MU-I-60 MU-I60
21 Oceana High School - 401 Paloma
Ave/009293070, 016083060, 016121020 (3
parcels)
R-1/B-1
Public & Semi Public R-40 R-40
22 Terra Nova High School - 1450 Terra Nova
Blvd/ 022310300 (1 parcel)
R-1
Public & Semi Public R-40 R-40
24 Sanchez Library - 1111 Terra Nova Blvd/
023593140 (1 parcel)
C-1
Public and Semi
Public
MU-I-50 MU-I50
25 Caltrans Skyline ROW - Skyline Blvd/ TBD
(1 parcel)
N/A
N/A R-40 R-40
28 Fairmont SC - 705 Hickey Blvd, SW Corner
of Gateway Dr and Hickey Blvd and 707
Hickey Blvd/ 009440110, 009440120 (2
parcels)
P-D
Retail Commercial MU-50 MU-50
29 Linda Mar SC Rear Parking Lot & Center -
500 Linda Mar Blvd/ 023041190,
023041200, 023041270 (3 parcels)
C-1, C-2
LDR/Retail
Commercial
MU-50 MU-50
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Packet Pg. 446 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 5 Table 1. HE Sites List – Rezoning Program
Site
#
Site Name –
Address/ APNs (# Parcels)
Ex. Zoning
Ex. GP Land Use Prop. Zoning
GP
Land
Use
30 Builders Exchange - 520 San Pedro Ave/
023073090 (1 parcel)
C-2/CZ
Retail Commercial MU-30/CZ MU-30
31 Ace Hardware Parking Lot & Blvd - 560 San
Pedro Ave/ 023073100, 023073110 (2
parcels)
C-2/CZ
Retail Commercial MU-30/CZ MU-30
32 Brentwood SC & Oceana/Manor - 555
Oceana Blvd/ 009164200, 009164210,
009164220 (3 parcels)
C-1, C-2
Retail Commercial MU-60 MU-60
38 Vacant - Coast Hwy/San Marlo Eastside,
northeast of Our Savior's Lutheran Church/
018140660, 018140300 (2 parcels)
C-1
MUN R-60 R-60
16A Park Mall - 1055 Terra Nova
Blvd/023593070 (1 parcel)
C-1
MUN MU-50 MU-50
16B Park Mall - 1035 Terra Nova
Blvd/023593130 (1 parcel)
C-1
MUN MU-50 MU-50
27A Pacific Manor Parking Lot - Palmetto Ave/
009134130 (1 parcel)
P/CZ C-1
Retail Commercial MU-60/CZ MU-60
27B Pacific Manor Parking Lot - Palmetto Ave/
009134150 (1 parcel)
P/CZ C-1
Retail Commercial MU-60/CZ MU-60
A
Latter Day Saints – 730 Sharp Park Rd/
017470100 (1 parcel)
P-F+/HPD
Public & Semi Public
PF+/HPD/MUI-40
MU-I40
B
Ramallah Plaza – 2480 Skyline Blvd/
009360520 (1 parcel)
C-1
Retail Commercial MU-30 MU-30
D
Vacant – 340 Waterford St/ 09058040 (1
parcel)
C-1
Retail Commercial MU-40 MU-40
E
Car Wash – 340 Waterford St/ 09058030 (1
parcel)
C-1
Retail Commercial MU-40 MU-40
F
Vacant w/ Accessory Blvd – Oddstad Blvd/
023593160 (1 parcel)
C-1
MUN R-40 R-40
G
Skyline Water Tank – Skyline Blvd/
009610110 (1 parcel)
P-D
Utilities R-40 R-40
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Packet Pg. 447 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 6 Section 4.
Findings. Specific findings of fact for City Council approval of Zoning Text Amendment (TA-128-24), and Rezoning (RZ-216-25) are as follows:
A. Consistency with General Plan Goals and Policies
The proposed Rezoning Program is consistent with the following General Plan goals and policies of the City’s 2040 General Plan:
1. CD-I-4 Support Infill and Redevelopment. Support compatible residential infill on designated vacant lots as shown in Figure 4-3, and redevelopment of under-utilized commercial properties,….
2. CD-I-5 High Quality Multi-Family and Senior Housing for All Income Levels. Support attached, multi-family and senior housing that relates positively to the street and surrounding areas, is accessible on foot to community amenities including transit, shopping and services, and offers residents a range of amenities, …..
3. LU-G-6 Compact Mixed Use Development. Facilitate compact mixed-use development on sites with good access to transit consistent with the Land Use Diagram. Mixed-use development may include housing or office space with retail, restaurants, or personal service businesses.
4. LU-I-1.1 FAR Minimums. As part of the Zoning Ordinance, establish appropriate minimum FARs in commercial and mixed-use zoning districts.
5. LU-I-18 Parking Requirements. Update commercial and mixed-use parking requirements as appropriate based on practices. Provide for shared parking between commercial and residential uses; car-sharing availability for residential uses, reductions for transit-accessible locations, and other strategies.
6. LU-I-19 Height Limit. Replace a single citywide height limit with height limits that vary by neighborhood, topography, or other relevant factors, based on community input. These may allow greater heights for buildings in the Mixed Use Center and Visitor Serving Commercial designations.
7. LU-I-22 Pacifica Manor. Establish appropriate zoning for the Pacific Manor shopping district to facilitate Retail Commercial improvements and Mixed Use redevelopment.
8. LU-I-40 Linda Mar Shopping Center and Park and Ride. Allow redevelopment of the Linda Mar Shopping Center with additional commercial development along the Linda Mar Boulevard frontage.
Facilitate mixed-use development as shown in the Land Use Diagram, while also accommodating the existing park-and-ride use, and improving the pedestrian-transit interface. Explore shared parking facility use between the Linda Mar Shopping Center and Park-and-Ride, as well as beach parking.
Table 1. HE Sites List – Rezoning Program
Site
#
Site Name –
Address/ APNs (# Parcels)
Ex. Zoning
Ex. GP Land Use Prop. Zoning
GP
Land
Use
H
Pavilion of Flowers – 801 Oceana Blvd/
009245020 (1 parcel)
C-1, O
Office Commercial MU-40 MU-40
I
Vacant – Coast Hwy, southeast of Our
Saviors Lutheran Church/ 018140220 (1
parcel)
R-1/B-3
LDR R-60 R-60
J
Our Savior's Lutheran Church - 4400 Coast
Hwy/ 018140090 (1 parcel)
C-1
Retail
Commercial/HDR
MU-I-60 MU-I60
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Packet Pg. 448 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 7 9. LU-I-42 Park Mall Area. Facilitate mixed-use redevelopment at the Park Mall and Sanchez Library sites and adjacent vacant land, with retail uses concentrated along Oddstad and Terra Nova Boulevards.
10. CI-G-12 Walkable Neighborhoods. Improve pedestrian amenities to create more walkable neighborhoods, especially in mixed-use centers and around schools.
11. CI-G-20 Private Parking. Ensure adequate off-street parking in all new development.
12. CI-I-57 Shared Parking. Facilitate efficient use of parking areas by allowing uses whose primary activity occurs at different times of day or days of the week to share parking, and provide less than the sum total of parking spaces each use would be required to provide individually. Require a shared parking agreement and approval of the Planning Director.
B. Internal Consistency with adopted Housing Element
The Housing Element itself is a component of the General Plan and includes detailed justification for each of the 30 sites selected for rezoning, based on criteria such as size, location, infrastructure availability, and market readiness. This program directly implements Housing Element Programs and associated policies. Therefore, the rezoning program is internally consistent with the General Plan and fulfills legally required Housing Element implementation.
C. Consistency with Land Use Element Goals and Policies Each rezoning site has been evaluated for compatibility with the General Plan Land Use Element goals and policies, as referenced above. The land use amendments provide consistency by aligning designations with the Housing Element capacity assumptions while preserving General Plan direction for neighborhood character and infrastructure planning.
D. Consistency with the Circulation and Infrastructure Elements All 30 sites are located on parcels accessible via existing public streets and served by adequate circulation networks. As documented in the certified Program Environmental Impact Report (EIR), buildout of these sites will not result in significant or unmitigated impacts to transportation infrastructure, and any improvements are within the scope of routine mitigation and existing Capital Improvement Program planning. ▪ Water, wastewater, and stormwater utilities were assessed at the program level. The EIR identifies that these sites can be served without the need for major off-site infrastructure expansion. Where localized improvements are needed, such upgrades are feasible and can be conditioned or funded through development impact fees or utility user charges.
▪ No conflicts with General Plan infrastructure policies have been identified.
E. Adequate Infrastructure and Services
As demonstrated in the Housing Element and confirmed through the Program EIR, each site has access to essential infrastructure and services:
▪ Transportation: Sites are located on public roads with safe access and for those that are not, proposed improvements will be reviewed and approved by the City’s Engineering Division and Public Works Department.
▪ Transit Access: Most sites are within 0.5 miles of SamTrans bus routes or transit nodes.
▪ Water & Sewer: The North Coast County Water District and the City’s sewer treatment infrastructure have confirmed adequate capacity. In locations that this is still under review, the project will be required to confirm capacity at the proposed development phase.
▪ Public Services: Fire, police, parks, and school impacts have been analyzed and found to be mitigated through potential standard development fees and conditions of approval.
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Packet Pg. 449 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 8 This supports consistency with General Plan Infrastructure and Public Services policies F. Consistency with the Safety Element
▪ Sites located in geologically sensitive areas or areas subject to sea level rise or flooding have been analyzed through the EIR. Mitigation measures ensure consistency with the General Plan’s Environmental Hazards Element, which mandates siting new development outside high-risk areas when feasible and otherwise requiring appropriate adaptation and design standards.
G. Consistency with (LCP/LCLUP) Policies
For sites located in the Coastal Zone , the rezoning supports Coastal Act goals to provide for visitor-serving uses and lower-cost housing. Proposed mixed-use land use designations maintain a coastal-serving commercial component while enabling feasible housing development.
Objective development standards and Program EIR mitigation ensure that scenic resources, public access, and coastal hazards are addressed per LCP policies. Coastal consistency is further demonstrated by the City’s commitment to secure Coastal Commission certification for any LCP amendments affecting rezoned sites.
H. Site Selection Justification
Each of the 30 sites was selected based on the rigorous site inventory analysis required by state law and certified by the Department of Housing and Community Development. Key criteria include:
▪ Parcel size (0.5 to 10 acres);
▪ Current use (vacant, underutilized, publicly owned, or nonresidential); ▪ Market feasibility (based on past development trends and proximity to amenities); ▪ No known legal or regulatory constraints;
▪ Adequate infrastructure and public services
By updating land use designations and zoning to match the assumed densities and housing potential in the Housing Element, the City is affirmatively furthering fair housing and providing realistic development opportunities.
I. No Net Loss and Long-Term RHNA Capacity Maintenance
The rezoning program ensures consistency with Government Code § 65863 (“No Net Loss”), as the cumulative unit capacity of the 30 sites meets or exceeds the remaining RHNA obligation across all income levels. If any site develops at a lower density than assumed, the City will monitor and make adjustments, consistent with its Housing Element implementation programs.
Section 5. The City Council acknowledges the recommendation of the Planning Commission to approve the Zoning Text and Map Amendments and has considered the Planning Commission's findings and recommendations in adopting the amendments.
Section 6. The City Council hereby adopts the amendments to the zoning text as set forth in Exhibit A, attached hereto and incorporated herein by reference.
Section 7. The City Council hereby adopts the revised Zoning Use Map in the form set forth in Exhibit B, attached hereto and incorporated herein by reference.
Section 8. Severability. If any section, subsection, sentence, clause or phrase 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, sentences, clauses or phrases be declared unconstitutional.
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Packet Pg. 450 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 9 Section 9. 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 10. 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.
* * * * *
PASSED AND ADOPTED this 25th day of August, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney
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Packet Pg. 451 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) Exhibit A: Proposed Zoning Text Amendments
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Packet Pg. 452 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) HE Rezoning Program
File No. 2025-007
[Page Intentionally Left Blank]
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Packet Pg. 453 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) HE Rezoning Program
File No. 2025-007
Exhibit B: Proposed Zoning Map Amendment
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Packet Pg. 454 Attachment: Attachment A - Ordinance Approving HE Rezoning Program_250825_FINAL (1) (6020 : Ordinance - Housing Element Rezoning) 1 Exhibit A
Zoning Text Amendments
1. Section 9-4.239 of Article 2, Definitions, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.239. – Family.
"Family" shall mean a group of individuals living together in a dwelling unit as a single housekeeping unit. Nothing in the definition of family shall be construed to require persons with disabilities be subject to any potential special regulations such as the number of persons, population types, licenses, higher discretionary standards or other requirements that do not apply to other residential uses in the same zoning district.”
2. Section 9-4.225, “Family daycare homes,” of Article 2, Definitions, of Title 9, Planning and Zoning, is hereby deleted in its entirety.
3. Sections 9-4.239.1 and 9-4.239.2 of Article 2, Definitions, of Title 9, Planning and Zoning, are hereby deleted in its entirety and replaced with the following:
“Sec. 9-4.239.1 Family daycare homes.
"Family daycare homes" shall mean establishments providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care home is considered an activity allowed as part of residential use in any zoning district in which residential uses are either permitted or conditionally permitted.”
Sec. 9-4.239.2 Financial institution.
"Financial institution" shall mean a federally or state chartered credit union, mortgage lender, savings and loan association, industrial loan company, or a non-profit financial institution or other provider of financial services, but specifically excluding any provider of alternative financial services.”
4. Sections 9-4.239.3 and 9-4.239.4 are hereby added to Article 2, Definitions, of Title 9, Planning and Zoning, as follows:
“Sec. 9-4.239.3 Floor area.
"Floor area" shall mean the gross measurement of all enclosed floor area from outside wall to outside wall with the following exceptions:
(a) Garages;
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Packet Pg. 455 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 2 (b) Areas where there is no floor (i.e. "open-to-below" areas); (c) Outdoor decks and patios, whether covered or uncovered.
Sec. 9-4.239.4. – Floor area, gross leasable
“Gross Leasable Floor Area” shall mean the total area that is designed for use by a commercial tenant plus common areas, common bathrooms, and other parts of the building not directly occupied by a tenant.”
5. Section 9-4.243 of Article 2, Definitions, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.243. – Height of Buildings
See Height Limits (Article 25).”
6. Section 9-4.257.2 is hereby added to Article 2, Definitions, of Title 9, Planning and Zoning, as follows:
“Sec. 9-4.257.2. – Mixed Use Residential
“Mixed Use Residential” shall mean a development project with both residential and non-residential uses which are either located together in a single building, or in separate buildings on a single site.”
7. Section 9-4.263.1 is hereby added to Article 2, Definitions, of Title 9, Planning and Zoning, as follows:
“Sec. 9-4.263.1. – Primary Frontage Street.
“Primary Frontage Street” shall mean the street that the main façade of a building fronts onto, typically containing the primary public entrance and oriented toward the public space.”
8. Section 9-4.273.2 and 9-4.273.3 are hereby added to Article 2, Definitions, of Title 9, Planning and Zoning, as follows:
“Sec. 9-4.273.2. – Stepback.
“Stepback” shall mean a step-like recession in the profile of a building.
Sec. 9-4.273.3. – Stoop.
“Stoop” shall mean a raised platform, approached by steps and sometimes having a roof, at the entrance of a building.”
9. Section 9-4.301 of Article 3, Establishment of Districts, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
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Packet Pg. 456 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 3 “Sec. 9-4.301. - Established.
The districts established by the provisions of this chapter are hereby designated as follows:
(a) Single-Family Residential District R-1
(b) Two-Family Residential District R-2
(c) Multiple-Family Residential District R-3
(d) Multiple-Family Residential District R-3.1
(e) Multiple-Family Residential Garden District R-3-G
(f) High Rise Apartment District R-5
(g) Multiple-Family Residential District R-30
(h) Multiple-Family Residential District R-40
(i) Multiple-Family Residential District R-50
(j) Multiple-Family Residential District R-60
(k) Neighborhood Commercial District C-1
(l) Commercial Apartment District C-1-A
(m) Community Commercial District C-2
(n) Service Commercial District C-3
(o) Professional Office District O
(p) Commercial Recreation District C-R
(q) Controlled Manufacturing District M-1
(r) Industrial District M-2
(s) Mixed-Use District MU-30
(t) Mixed-Use District MU-40
(u) Mixed-Use District MU-50
(v) Mixed-Use District MU-60
(w) Mixed-Use Institutional District MU-I-30
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Packet Pg. 457 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 4 (x) Mixed-Use Institutional District MU-I-40
(y) Mixed-Use Institutional District MU-I-50
(z) Mixed-Use Institutional District MU-I-60
(aa) Parking District P
(bb) Agricultural District A
(cc) Lot Size Overlay District B-
(dd) Public Facilities District P-F
(ee) Planned Development District P-D
(ff) Resource Management District R-M
(gg) Open Space District O-S
(hh) Multiple-Family/Low Density Residential District R-3/L.D (ii) Single-Family Residential Hillside District R-1-H
(jj) Coastal Zone Combining District CZ
(kk) Special Area Combining District SA
(ll) Cannabis Operation Overlay District (CO)
(mm) Multi-Family Housing Combining District (MFH-PY)”
10. Section 9-4.501 of Article 5, R-2 Two-Family Residential District, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.501. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-2 District:
(1) Single-family dwellings on parcels less than five thousand eight hundred (5,800) square feet in area;
(2) Two-family dwellings;
(3) Accessory buildings and uses;
(4) Community care facilities for six (6) or fewer persons; (5) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(6) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
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Packet Pg. 458 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 5 (b) Conditional uses. Conditional uses allowed in the R-2 District, subject to obtaining a use permit, shall be as follows:
(1) Two-family dwelling groups (more than one main building); (2) Community care facilities for more than six persons; (3) Conditional uses allowed in the R-1 District; and
(4) Single-family dwellings on parcels larger than five thousand eight hundred (5,800) square feet in area.”
11. Section 9-4.601 of Article 6, R-3 Multiple-Family Residential District, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.601. Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-3 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(b) Conditional uses. Conditional uses allowed in the R-3 District, subject to obtaining a use permit, shall be as follows:
(1) Single-family dwellings;
(2) Rooming houses and boardinghouses;
(3) Lodges, clubs, clubrooms, and dormitories;
(4) (Repealed by § V (B), Ord. 491-C.S., eff. October 28, 1987) (5) Conditional uses as allowed in the R-1 and R-2 Districts; (6) Coastal access; and
(7) Community care facilities for more than six persons”
12. Section 9-4.651 of Article 6.5, R-3/L.D. Multiple-Family Density Residential District, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.651. Permitted and conditional uses.
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Packet Pg. 459 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 6 (a) Permitted uses. The following uses shall be permitted in the R-3/L.D.
District:
(1) All uses permitted in the R-3 District.
(b) Conditional uses. Conditional uses allowed in the R-3/L.D. District, subject to obtaining a use permit, shall be as follows:
(1) Single-family dwellings;
(2) Clustered housing pursuant to Article 24 of this chapter; (3) Community care facilities for more than six persons; (4) Parks and playgrounds.”
13. Section 9-4.2312, of Article 23, General Provision and Exceptions, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.2312. - Rounding of numbers in calculating density.
Fractional numbers derived from density calculations shall be rounded upwards to the next highest whole number.”
14. Section 9-4.2401, of Article 24, Residential Clustered Housing Development Standards, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.2401. – Purpose and Applicability.
(a) It is the express intent of the City to apply the regulations set forth in this article to clustered housing developments, including, but not limited to, condominiums, community apartments, stock cooperatives, zero lot line projects, and similar developments, because the permanent ownership or interest in individual attached dwelling units, or the airspace occupied thereby renders such developments, essentially different in nature from detached housing and from developments or buildings in which dwelling units are rented or leased. (b) This article does not apply to the following Zoning Districts (see Article 54 Higher Density Residential and Higher Density Mixed Use Districts for applicable standards):
(1) Multiple-Family Residential District R-30
(2) Multiple-Family Residential District R-40
(3) Multiple-Family Residential District R-50
(4) Multiple-Family Residential District R-60
(5) Mixed-Use District MU-30
(6) Mixed-Use District MU-40
(7) Mixed-Use District MU-50
(8) Mixed-Use District MU-60
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Packet Pg. 460 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 7 (9) Mixed-Use Institutional District MU-I-30
(10) Mixed-Use Institutional District MU-I-40
(11) Mixed-Use Institutional District MU-I-50
(12) Mixed-Use Institutional District MU-I-60”
15. Sections 9-4.2501 and 9-4.2502, of Article 25, Height Limits, of Title 9, Planning and Zoning, are hereby deleted and replaced with the following:
“Sec. 9-4.2501 Height of Buildings
Building Height is measured as follows:
(a) Building height is measured from the existing or finished grade point, whichever is lower, of that portion of the lot covered by each building to the highest point on the roof of that building, except as provided below. (b) The Building height of a building, excluding single family dwellings, with a sloped, hipped, gabled, mansard, or gambrel roof is measured to a point that is half the distance between the highest point on the ridge and where the eave meets the plate.
Sec. 9-4.2502. - Rooftop Projections.
(a) Cupolas, flagpoles, monuments, church steeples, and similar structures, and mechanical appurtenances may be permitted to exceed the height limits for the district in which they are located provided a site development permit is first obtained, as set forth in Article 32 of this chapter, in each case. (b) Chimneys may project up to 4 feet or the minimum required by the Building Code, whichever is less, above the height limit for the district in which they are located.
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Packet Pg. 461 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 8 (c) Water tanks, heating and air conditioning equipment, vents, pipes and necessary mechanical roof appurtenances may project up to 4 feet above the height limit for the district in which they are located, provided they are setback a minimum of 5 feet from any roof edge and screened to the extent practical. (d) Parapet walls may project up to 5 feet above the height limit for the district in which they are located.
(e) Elevator penthouses or shafts, stair enclosures, and equipment or mechanical penthouses may project up to 12 feet above height limits for the district in which they are located, provided all of the following standards are met:
(1) The combined area of all such rooftop features shall not exceed 15 percent of the average floor area of all stories of the building; and (2) All such features shall be setback a minimum of 10 feet from any roof edge; and
(3) These structures shall not be used as habitable space or for any commercial purpose, other than the mechanical needs of the building. 9-4.2503 – Fences, hedges, walls, and plantings
(a) No fence, hedge, wall, or screen planting of any kind shall be constructed or grown to exceed six (6′) feet in height (unless otherwise required by law) within any required side yard to the rear of the required front yard of any dwelling or within any required rear yard; nor exceed three (3′) feet in height within the required front yard of any dwelling, or, for corner lots, within twenty-five (25′) feet of a street corner measured at the property line. Fences or walls limited to three (3′) feet in height may be vertically extended up to four (4′) feet with open work fence material, as defined in subsection (b) of this section, subject to approval of the Planning Director, who shall consider the compatibility of the fence design with its site and surrounding uses. Commercial fences may not exceed six (6′) feet in height, unless additional height is allowed with a site development permit. (b) When there is a difference in the ground level on opposite sides of a retaining wall, height shall be measured from the lower ground level. When there is a difference in the ground level on opposite sides of a fence, height should be measured from the higher ground level. However, any portion of a fence above the maximum allowable height as measured from the lower ground level may be required by the Planning Administrator to be an open work fence.
An "open work fence" means a fence in which the component solid portions are evenly distributed and constitute not more than sixty (60%) percent of the total surface area of the fence. In addition, the height of fences or walls which are located within the front setback, parallel to the front property line, or within
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Packet Pg. 462 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 9 twenty-five (25′) feet of a street corner, shall be limited to three (3′) feet in height as measured from the side of the fence facing the street. (c) This section shall not be construed to limit terracing of retaining walls.
Terraced walls shall be offset at least three feet (3’) from each other by a planting area.”
16. Section 9-4.2504, Television and radio antennas, masts, and towers, of Article 25, Height Limits, of Title 9, Planning and Zoning, is renumbered as Section 9-4.2504.
17. Section 9-4.2813 of Article 28, Off-Street Parking and Loading, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.2813. - Access to parking facilities.
(a) All required off-street parking spaces shall be non-tandem except:
(1) Tandem spaces may be provided for parking that serves the same dwelling unit.
(2) As provided for accessory dwelling units in Article 4.5 of this chapter. (b) All off-street parking spaces for residential uses shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking spaces.
(c) All off-street parking facilities shall be designed in a manner which will least interfere with traffic movements.
(d) For multiple-family projects, driveway access from the street access to all the parking spaces shall be limited to 50 percent of the total lot frontage, but in no event shall such access be greater than 50 feet.
(e) Residential driveways and access roadways shall provide a permanent, unobstructed passageway constructed to the following standards:
(1) When any portion of an exterior wall of the first story of a structure is located more than one hundred fifty (150) feet from Fire Department vehicle access, the driveway shall be considered the Fire Department access roadway and shall conform to the applicable provisions of the California Fire Code.
(2) A driveway serving one dwelling unit shall be a minimum of ten (10′) feet in width. For purposes of this subsection, a site containing an accessory dwelling unit shall be subject to the standards for a driveway serving one dwelling unit.
(3) Driveways serving two (2) or more units shall be a minimum of ten (10′) feet in width for one-way traffic and twenty (20′) feet in width for two-way traffic.
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Packet Pg. 463 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 10 (4) Except as otherwise provided in this section, the maximum width for residential driveways shall be twelve (12′) feet for single driveways and twenty (20′) feet for double driveways.
(f) With the agreement of participating owners, a common driveway may be utilized to provide access to parking facilities on adjacent properties. Such common driveways shall be a minimum width of twenty (20′) feet.
Easements for the common use of such driveways shall be recorded in the office of the County Recorder.
(g) No residential driveway shall be located closer than five (5′) feet from the curb return on corner lots.
(h) Residential driveways for lots with forty (40′) feet of lot frontage or more shall be designed to provide at least one on-street parking space. For lots with less than forty (40′) feet of lot frontage, driveways shall be designed to provide at least one on-street parking space whenever feasible. Off-street parking in the form of parking bays may be substituted in lieu of such onstreet requirements. (i) Single-family residential driveways on lots with more than fifty (50′) foot frontages may exceed the maximum driveway width requirement if the purpose of the driveway is to create more off-street parking or conform to the requirement of "swing" type parking, as permitted by applicable provisions of this Code. In no event shall the driveway access exceed more than fifty (50%) percent of the total lot frontage or forty (40′) feet, whichever is less. Driveways shall be designed to provide at least one on-street parking space for each lot.
(j) The maximum width of any commercial driveway shall be thirty-five (35′) feet at the face of the curb. Where more than one driveway is to serve a given property frontage, the total width of all driveways shall not exceed seventy (70%) percent of the frontage where such frontage is 100 feet or less.
Where the frontage is more than 100 feet, the total driveway width shall not exceed sixty (60%) percent of the frontage width. No commercial driveway shall be located closer than ten (10′) feet from the curb return on corner lots.”
18. Section 9-4.2818 of Article 28, Off-Street Parking and Loading, of Title 9, Planning and Zoning, is hereby deleted and replaced with the following:
“Sec. 9-4.2818. – Number of parking spaces required
(a) The number of off-street parking spaces required for the uses set forth in this section shall be as follows:
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Packet Pg. 464 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 11 Use Requirements
(a) Residential
(1) Single-family in all zoning
districts
Two garage spaces per unit. In addition, where
adequate driveway length to accommodate a
parked car does not exist or on-street parking
is unavailable, a minimum of one guest parking
space per unit shall be provided.
(2) Two-family and Multiplefamily, including studio,
townhouses and
condominiums in R-30, R40,
R-50, R-60, MU-30, MU40,
MU-50, MU-60, MU-I-30, MUI-40, MU-I-50, and MU-I-60
zoning districts
One space for each studio or one-bedroom
unit;
2 spaces for each unit with two or more
bedrooms.
In addition, one space to accommodate guest
parking shall be provided for each five units,
excluding studios and one-bedroom units.
When the determination of the number of guest
parking spaces results in the requirement of a
fractional space, the fraction shall be
disregarded.
(3) Two-family and Multiplefamily, including studio,
townhouses and
condominiums in all other
districts
One space for each studio;
1.5 spaces for each one-bedroom unit;
2 spaces for each unit of two or more
bedrooms.
In addition, one space to accommodate guest
parking shall be provided for each four units.
When the determination of the number of guest
parking spaces results in the requirement of a
fractional space, the fraction shall be
disregarded.
(4) Residential projects within the
Hillside Preservation District
Spaces shall be provided as required
by Section 9-4.2258 of Article 22.5 of this
chapter.
(5) Mobile home parks Two (2) spaces for each site (parking may be tandem). For associated guest parking and
recreation facilities, one space for each five (5)
sites.
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Packet Pg. 465 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 12 (6) Dwelling units especially
designed for, and to be occupied by,
persons sixty-two (62) years of age
or more
One space for every two (2) units. In addition,
one space to accommodate guest parking shall
be provided for each five (5) units.
(7) Lodging houses and
boardinghouses
One garage space for each two (2) lodging
rooms, plus garage space for the owner or
manager.
(8) Private clubs and lodges with
sleeping facilities
One parking space for each two (2) lodging
rooms, plus parking spaces equal in number to
twenty (20) percent of the capacity, in persons,
for the remainder of the building.
(9) Residential projects with
affordable units
Projects which provide affordable units in
accordance with the density bonus program as
set forth in Article 41 of this chapter, which
projects have ten (10) or more required
spaces, may provide up to one-third (⅓) of the
total required parking spaces for compact cars.
(10) Accessory dwelling units Spaces shall be provided as required by Article
4.5 of this chapter.
(11) Emergency shelter One (1) space per employee or volunteer on duty when the shelter is open to individuals
utilizing the emergency shelter.
(b) Non-Residential uses in MU-30,
MU-40, MU-50, MU-60, MU-I-30,
MU-I-40, MU-I-50, and MU-I-60
zoning districts.
(1) Hotels, motels, and inns 0.5 parking spaces for each unit or lodging room, plus one additional parking space for the
office or manager quarters.
(2) Retail; Eating and
Drinking Establishments1
Three parking spaces for each 1,000 square
feet of gross leasable floor area.
First 2,000 square feet of gross leasable space
exempted at the discretion of the Planning
Director, such as when required to improve site
design.
Additional parking may be required in
instances involving shopping centers.
(3) Personal Services Uses1 Two parking spaces for each 1,000 square feet of gross leasable space.
(4) Offices1 Three parking spaces for each 1,000 square feet of gross leasable space.
12.b
Packet Pg. 466 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 13 (5) Mixed Use Residential2 The sum of the requirements for individual uses. Residential parking shall be functionally
separate from commercial parking.
(6) Other non-residential
uses not listed in
Subsections (b)(1)
through (6)
See (c) through (j) below for required parking
(c) Retail and service commercial,
except as provided in Subsection (b)
in the specified zoning district.
(1) Hotels, motels, and inns One parking space for each unit or lodging room, plus one additional parking space for the
office or manager quarters.
(2) Retail stores and service
establishments
One parking space for each 300 square feet of
gross leasable space. Additional parking may
be required in instances involving shopping
centers, high intensity uses, and/or where the
approval of site development plans is required.
(3) Automobile service stations
and automobile repair
Three (3) parking spaces for each service bay.
(4) Automobile self-service
station
One parking space for each employee on a
maximum shift and one parking space for each
rest room, with such spaces located as close
as possible to the rest rooms.
(5) Automobile laundries (i) Self-service, one parking space per washing bay
(ii) Automatic, one-lane car wash, twelve (12)
car stacking spaces, plus one space for each
employee on a maximum shift, and two (2)
lane car wash, twenty (20) car stacking
spaces, plus one space for each employee on
a maximum shift.
(6) Public establishments, bars,
restaurants, taverns, and nightclubs
One parking space for each fifty (50) gross
square feet of customer area, plus one parking
space for each 200 gross square feet of all
other floor areas.
(7) Drive-thru, drive-in, take-out,
and fast food restaurants
One parking space for each fifty (50) square
feet of gross floor area.
12.b
Packet Pg. 467 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 14 (8) Motor vehicle, boat, trailer,
and machinery sales and service
and equipment rental
One parking space for each 500 square feet of
display floor area, one parking space for each
1,500 square feet of outside display area, one
parking space for each 800 square feet of
storage area, and one parking space for each
250 square feet of garage area.
(9) Theaters (indoor) One parking space for each three (3) seats. (10) Funeral homes and
mortuaries
One parking space for each four (4) seats in
each chapel or parlor room, plus one parking
space for each employee, plus one parking
space for each funeral vehicle kept on the
premises.
(11) Commercial nurseries One parking space for each 250 square feet of gross building area, plus one parking space for
each 1,000 square feet of outside display or
greenhouse area.
(12) Cannabis Retail Operations One parking space for each 300 square feet of gross leasable space, plus additional spaces
as necessary based on the unique needs of
the Operation as determined by the
Commission.
(d) Business and professional
users, except as provided in
Subsection (b) in the specified
zoning district.
(1) Medical, dental, and
veterinary offices and clinics
One parking space for each 200 square feet of
gross floor area.
(2) Banks, financial insurance
companies, and social services
One parking space for each 300 square feet of
gross leasable space.
(3) General business and
professional offices
One parking space for each 300 square feet of
gross leasable space.
(4) Cannabis Manufacturing and
Testing Operations
Two and seven-tenths (2.7) parking spaces for
each 1,000 square feet of gross leasable
space, plus additional spaces as necessary
based on the unique needs of the Operation as
determined by the Commission.
(e) Industrial users, except as
provided in Subsection (b) in the
specified zoning district.
12.b
Packet Pg. 468 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 15 (1) Kennels, stables, and animal
boarding
One parking space for each employee on a
maximum shift, plus additional spaces as
determined by the Commission.
(2) Salvage yards, junk yards,
auto wrecking yards, storage
facilities, and similar uses
One parking space per employee on a
maximum shift and one parking space per
5,000 square feet of lot.
(3) Warehouses, wholesale
businesses, and lumber yards
One parking space for each 2,000 square feet
of lot area and one parking space for each
employee on a maximum shift, plus loading
spaces as required by Section 9-4.2819 of this
article.
(4) Industrial and manufacturing
plants, research or testing
laboratories, bottling plants, food
processing, printing shops, and
recycling centers
One parking space for each 500 square feet of
open or enclosed area devoted to the use, plus
one parking space for each vehicle used in
conjunction with the business, plus loading
spaces as required by Section 9-4.2819 of this
article.
(f) Recreational uses, except as
provided in Subsection (b) in the
specified zoning district.
(1) Auditoriums, clubs and
lodges with no sleeping facilities,
conference and meeting facilities,
and other places of public assembly
One parking space for each five (5) seats and
one parking space for each one hundred (100)
square feet of assembly area without fixed
seats. Eighteen (18) linear inches of bench
shall be considered a fixed seat.
(2) Bowling alleys Four (4) spaces for each alley, plus such spaces as may be required for affiliated uses,
such as bars and restaurants.
(3) Game and athletic courts Two (2) parking spaces for each court, plus one parking space for each employee on a
maximum shift.
(4) Gymnasiums and skating
rinks
One parking space for each five (5) seats, plus
one parking space for each two hundred (200)
square feet of recreational floor area.
(5) Health/fitness club One parking space for each two hundred (200) square feet of gross floor area (indoor
swimming pools shall count as floor area).
12.b
Packet Pg. 469 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 16 (6) Golf driving ranges and
miniature or pitch and putt golf
courses
One parking space for each driving tee or two
(2) spaces for each hole.
(7) Swimming pools One parking space for each two hundred (200) square feet of gross water surface area.
(8) Skateboard parks One parking space for each three (3) users, based on maximum capacity.
(9) Beach access See Section 9-4.2820 of this article.
(g) Community services, except as
provided in Subsection (b) in the
specified zoning district.
(1) Churches, chapels, and
religious meeting halls
One parking space for each five (5) seats in
areas with fixed seating and one parking space
for each 100 square feet of assembly area
without fixed seating. Eighteen (18) linear
inches of bench shall be considered a fixed
seat.
(2) Church classrooms and
offices
One parking space for each classroom and
office.
(3) Nursery and grade schools
elementary and junior high schools
One parking space for each employee.
(4) High schools, colleges, and
business, professional, and trade
schools
One parking space for each employee, plus
three (3) parking spaces for each twenty (20)
students, based on the maximum capacity of
the facility at any one time during any twentyfour (24) hour period. (5) Hospitals One and one-fourth (1-1/4 ) parking spaces for each permanent bed.
(6) Nursing and convalescent
hospitals, sanitariums, asylums, and
children's homes
One parking space for each three (3) beds.
(7) Libraries, art galleries, and
museums
One parking space for each 250 square feet of
gross floor area.
(8) Public utility and public
service uses and governmental
centers
One parking space for each employee on a
maximum shift, plus parking spaces equal in
number to ten (10%) percent of the capacity in
persons of any conference and meeting room.
12.b
Packet Pg. 470 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 17 (h) Mixed use residential, except
as provided in Subsection (b) in the
specified zoning district.
(1) Where two (2) or more uses
under the same or different owners
and/or managers are located in the
same structure and/or in a common
development
The sum of the separate requirements for each
use shall be provided as set forth in this
section. In the event of multiple uses, the
Commission may require areas of less
intensive use to provide a higher parking
requirement if it is determined that the health,
safety, and general welfare of the area requires
the higher standard. No parking space, or
portion thereof, shall serve as a required space
for more than one use unless otherwise
authorized by the Commission.
(2) In cases where shared uses
complement each other
Parking requirements may be reduced as
determined by the Commission.
(i) Other uses. For uses not set forth in this section, parking spaces shall be provided as required by the
Commission or Planning Administrator, as
determined by conditions of the permit
approval. The requirements set forth in this
section shall be used as guidelines to
determine the parking needs for unlisted uses.
1Shared parking arrangements are allowed at the discretion of the Community Development Director, such as when required to improve site design. 2Shared parking arrangements for mixed use residential are allowed at the discretion of the Planning Commission, such as when required to improve site design. (b) Electric vehicles (EV) charging stations are required as follows:
Electric vehicles charging stations.
(1) New construction or major alteration of commercial or municipal facilities shall include an EV Space with adequate electric vehicle supply equipment in place that is capable of supporting the future installation of a Level 2 or Level 3 electric vehicle charging station or include installation of a Level 2 or Level 3 electric vehicle charging station.
12.b
Packet Pg. 471 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 18 (i) An EV Space and
electric vehicle charging
stations shall be incorporated
according to the following
schedule:
TOTAL NUMBER OF
ACTUAL PARKING
SPACES*
NUMBER OF
REQUIRED EV
SPACES
NUMBER OF
REQUIRED EV
CHARGING STATIONS
1—9 1
10—25 2
26—50 4
51—75 6
76—100 9
101—150 12
151—200 17
201 and over 10 percent of total
(rounded up the
nearest whole number)
* Actual parking shall be the number of parking spaces provided for the facility and not the number of parking spaces required per subsections (a) through (h) of this section.
(ii) Additional EV Spaces or electric vehicle charging stations beyond the requirements of the schedule above are encouraged.
(iii) Electric vehicle charging station requirements for major alterations shall be proportional to the area of impact.
12.b
Packet Pg. 472 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 19 (2) An electric vehicle charging station shall be an allowed accessory use within any zoning district subject to all applicable city code requirements in addition to the following:
(i) The electric vehicle charging station shall be protected as necessary to prevent damage by automobiles.
(ii) Any electric vehicle charger shall be Listed and Labeled by an Approved testing agency.
(iii) The electric vehicle charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each electric vehicle charging station.
(3) An electric vehicle charging station for public use shall be subject to the following requirements:
(i) The electric vehicle charging station shall be located in a manner that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours.
(ii) Be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles.
(iii) One standard non-illuminated sign, not to exceed four (4) square feet in area and ten (10) feet in height, may be posted for the purpose of identifying the location of each cluster of electric vehicle charging stations. (iv) The electric vehicle charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.
(4) The following information shall be posted at a public electric vehicle charging station:
(i) Voltage and amperage levels.
12.b
Packet Pg. 473 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 20 (ii) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner.
(iii) Usage fees.
(iv) Safety information.
(v) Contact information for reporting when the equipment is not operating or other problems.
(5) An electric vehicle charging station for private use shall:
(i) Be located in a manner that will not allow public access to the charging station
(ii) Electric vehicle charging equipment and electric vehicle charger shall be located in reasonably inconspicuous location from public view when not in use. (6) Where Accessible parking requirements are applicable, at least one EV space or electric vehicle charging station shall meet current van accessible dimensions, as defined by the California Building Code, and be connected to a barrier-free accessible route of travel to the building. No accessible markings shall be made on the EV space or electric vehicle charging station with van accessible dimensions. The EV space with van accessible dimensions shall be the first electric vehicle charging station established on the property.”
19. Articles 54 through 67 are hereby added to the Pacifica Municipal Code as follows:
“Article 54. – Higher Density Residential and Higher Density Mixed-Use Districts Sec. 9-4.5401 – Purpose and Applicability
(a) It is the purpose of these higher density zoning districts to promote the development of multi-family housing, including rental housing and missing middle housing, as well as mixed-use development and institutional uses. (b) The higher density zoning districts are:
(1) Multiple-Family Residential District R-30
(2) Multiple-Family Residential District R-40
12.b
Packet Pg. 474 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 21 (3) Multiple-Family Residential District R-50
(4) Multiple-Family Residential District R-60
(5) Mixed-Use District MU-30
(6) Mixed-Use District MU-40
(7) Mixed-Use District MU-50
(8) Mixed-Use District MU-60
(9) Mixed-Use Institutional District MU-I-30
(10) Mixed-Use Institutional District MU-I-40
(11) Mixed-Use Institutional District MU-I-50
(12) Mixed-Use Institutional District MU-I-60
Sec. 9-4.5402 – Development Standards
(a) Residential Use: All developments must include a minimum of 50 percent of gross square footage for residential use.
(b) Development Standards: The following standards shall apply:
(1) Ten-foot minimum stepback above the second story on any streetfacing façade(s). Railings or parapets that do not exceed the minimum height required by the Building Code may be located in the stepback area.
(2) Development with more than 40 linear feet of frontage along any street must provide one or more of the following at the ground level to optimize the pedestrian experience and ground floor activating strategies:
i. For ground-level uses located along the primary frontage street awnings or overhangs over all ground floor entrances to provide refuge and shade and enhance the pedestrian realm.
1. Awnings or overhangs located in the public right-ofway shall be subject to review and encroachment permit approval by Public Works.
ii. Incorporation of projections (including but not limited to open porches, steps, and bay windows), which may project into required setbacks per Article 27 Projections into Yards; iii. If included, stoops must be elevated by a minimum of 18 inches to provide a sense of privacy for residents and human comfort for pedestrians. ADA-compliant units are not required to provide stoops; or
iv. Where the finished floor elevation is more than three feet above the sidewalk elevation, the elevation change shall include landscaping and/or terraced landscaping and be
punctuated with stairs.
12.b
Packet Pg. 475 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 22 (3) Ground-level commercial uses must include all of the following:
i. Windows that cover at least 20 percent of the street-facing, ground-level façade; and
ii. Minimum depth of 40 feet, or 10 feet less than the lot depth for parcels less than 50 feet deep; and
iii. Minimum floor-to-floor height of 15 feet.
Sec. 9-4.5403 – State Law By Right Approval Requirements (a) Purpose. The purpose of these approval requirements is to implement State Government Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i).
(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 65583.2(h) and 65583.2(i), as may be amended from time to time. Specifically, it applies to the sites designated to address the shortfall of lower-income RHNA units listed in the City of Pacifica 6th Cycle (2023-2031) Housing Element sites inventory.
(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 requirements of Government Code 65583.2(i), provided that the project conforms with the objective development standards identified in Section 9-4.5402, the underlying zoning district Articles 55 through Article 66, and any other regulations in this Title, unless modified by 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.
(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.
12.b
Packet Pg. 476 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 23 Article 55. – R-30 Multiple-Family Residential District Sec. 9-4.5501. - Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-30 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(b) Conditional uses. Conditional uses allowed in the R-30 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access
(2) Community care facilities for more than six persons.
Sec. 9-4.5502. - Development regulations.
(a) Basic Regulations: See Table 9-4.5502: R-30 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.5502: R-30 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 10 feet
Rear Setback 10 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family residential
district.
Height 40 feet
Lot Coverage (Maximum) 60%
12.b
Packet Pg. 477 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 24 Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 56. – R-40 Multiple-Family Residential District Sec. 9-4.5601. - Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-40 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5.
(b) Conditional uses. Conditional uses allowed in the R-40 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access; and
(2) Community care facilities for more than six persons.
Sec. 9-4.5602. - Development regulations.
(a) Basic Regulations: See Table 9-4.5602: R-40 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.5602: R-40 Development Regulations
Regulations Notes
Density
Minimum 25 du/ac
12.b
Packet Pg. 478 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 25 Maximum 40 du/ac Rounding subject
to the provisions of
Article 23
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 45 feet
Lot Coverage (Maximum) 60%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 57. – R-50 Multiple-Family Residential District Sec. 9-4.5701. - Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-50 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(b) Conditional uses. Conditional uses allowed in the R-50 District, subject to obtaining a use permit, shall be as follows:
(6) Coastal access; and
(7) Community care facilities for more than six persons.
12.b
Packet Pg. 479 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 26 Sec. 9-4.5702. - Development regulations.
(a) Basic Regulations: See Table 9-4.5702: R-50 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.5702: R-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 58. – R-60 Multiple-Family Residential District
12.b
Packet Pg. 480 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 27 Sec. 9-4.5801. - Permitted and conditional uses.
(a) Permitted uses. The following uses shall be permitted in the R-60 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter; and
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(b) Conditional uses. Conditional uses allowed in the R-60 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access; and
(2) Community care facilities for more than six persons.
Sec. 9-4.5802. - Development regulations.
(a) Basic Regulations: See Table 9-4.5802: R-60 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.5802: R-60 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
12.b
Packet Pg. 481 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 28 Lot Coverage (Maximum) 70%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 59. – MU-30 Mixed Use District
Sec. 9-4.5901. - Permitted and conditional uses.
(a) General Use Provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:
(1) Minimum of 50 percent of gross square footage for residential use per Article 54; and
(2) Non-residential uses meeting the minimum floor area ratio requirements. (b) Permitted uses. The following uses shall be permitted in the MU-30 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Retail stores, shops, and other uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;
(7) Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and
12.b
Packet Pg. 482 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 29 financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);
(8) Business and administrative offices when located entirely above the ground floor of any commercial structure;
(9) Art galleries and instructional studios for dance and arts or crafts and craft production shops;
(10) Personal and business service establishments, including financial institutions;
(11) Offices;
(12) Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;
(13) Retail restaurants, fast food restaurants, restaurants and bars; (14) Household appliance and furniture sales and service in conjunction with sales;
(15) Veterinary hospitals and clinics;
(16) In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter; and (17) Emergency shelters for twenty (20) or less persons or beds, subject to the standards of Article 53.
(c) Conditional uses. Conditional uses allowed in the MU-30 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access;
(2) Service stations;
(3) Retail alcohol sales in conjunction with service stations; (4) Mini-markets and similar retail uses in conjunction with services stations; (5) Conversion of service stations from full service to self-service; (6) Motels and drive-in restaurants;
(7) Veterinary hospitals and clinics (small animals);
(8) Special care and child care facilities;
(9) Business and administrative offices, if located on the ground floor; (10) Amusement machine arcades as a new or a part of an existing use; (11) Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;
(12) Restaurants and fast food restaurants;
(13) Pet care and sales establishments, including boarding and grooming;
(14) Health/fitness clubs;
(15) Social halls, clubs, theaters, and nightclubs;
(16) Vehicle and boat sales and service in conjunction with sales; (17) Plumbing, heating, electrical, and appliance repair, service, and supply shops;
(18) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
12.b
Packet Pg. 483 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 30 (19) Car washes;
(20) Emergency shelters for more than twenty (20) persons or beds but not more than thirty (30), subject to the standards of Article 53; and (21) Community care facilities for more than six persons.
Sec. 9-4.5902. - Development regulations.
(a) Basic Regulations: See Table 9-4.5902: MU-30 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.5902: MU-30 Development Regulations
Regulations Notes
Density Rounding subject to
the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 10 feet
Rear Setback 20 feet
Additional
Setbacks:
A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 45 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
12.b
Packet Pg. 484 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 31 Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 60. – MU-40 Mixed Use District
Sec. 9-4.6001. - Permitted and conditional uses.
(a) General Use Provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:
(1) Minimum of 50 percent of gross square footage for residential use per Article 54; and
(2) Non-residential uses meeting the minimum floor area ratio requirements. (b) Permitted uses. The following uses shall be permitted in the MU-40 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Retail stores, shops, and other uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;
(7) Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);
12.b
Packet Pg. 485 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 32 (8) Business and administrative offices when located entirely above the ground floor of any commercial structure;
(9) Art galleries and instructional studios for dance and arts or crafts and craft production shops;
(10) Personal and business service establishments, including financial institutions;
(11) Offices;
(12) Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;
(13) Retail restaurants, fast food restaurants, restaurants and bars; (14) Household appliance and furniture sales and service in conjunction with sales;
(15) Veterinary hospitals and clinics; and
(16) In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter.
(c) Conditional uses. Conditional uses allowed in the MU-40 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access
(2) Service stations;
(3) Retail alcohol sales in conjunction with service stations; (4) Mini-markets and similar retail uses in conjunction with services stations; (5) Conversion of service stations from full service to self-service; (6) Motels and drive-in restaurants;
(7) Veterinary hospitals and clinics (small animals);
(8) Special care and child care facilities;
(9) Business and administrative offices, if located on the ground floor; (10) Amusement machine arcades as a new or a part of an existing use; (11) Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;
(12) Restaurants and fast food restaurants;
(13) Pet care and sales establishments, including boarding and grooming;
(14) Health/fitness clubs;
(15) Social halls, clubs, theaters, and nightclubs;
(16) Vehicle and boat sales and service in conjunction with sales; (17) Plumbing, heating, electrical, and appliance repair, service, and supply shops;
(18) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
(19) Car washes;
(20) Community care facilities for more than six persons.
Sec. 9-4.6002. - Development regulations.
(a) Basic Regulations: See Table 9-4.6002: MU-40 Development Regulations.
12.b
Packet Pg. 486 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 33 (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6002: MU-40 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 25 du/ac
Maximum 40 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 10 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 75%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 12.b
Packet Pg. 487 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 34 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 61. – MU-50 Mixed Use District
Sec. 9-4.6101. - Permitted and conditional uses.
(a) General Use Provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:
(1) Minimum of 50 percent of gross square footage for residential use per Article 54; and
(2) Non-residential uses meeting the minimum floor area ratio requirements. (b) Permitted uses. The following uses shall be permitted in the MU-50 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Retail stores, shops, and other uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;
(7) Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);
(8) Business and administrative offices when located entirely above the ground floor of any commercial structure;
(9) Art galleries and instructional studios for dance and arts or crafts and craft production shops;
(10) Personal and business service establishments, including financial institutions;
(11) Offices;
12.b
Packet Pg. 488 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 35 (12) Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;
(13) Retail restaurants, fast food restaurants, restaurants and bars; (14) Household appliance and furniture sales and service in conjunction with sales;
(15) Veterinary hospitals and clinics; and
(16) In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter.
(c) Conditional uses. Conditional uses allowed in the MU-50 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access;
(2) Service stations;
(3) Retail alcohol sales in conjunction with service stations; (4) Mini-markets and similar retail uses in conjunction with services stations; (5) Conversion of service stations from full service to self-service; (6) Motels and drive-in restaurants;
(7) Veterinary hospitals and clinics (small animals);
(8) Special care and child care facilities;
(9) Business and administrative offices, if located on the ground floor; (10) Amusement machine arcades as a new or a part of an existing use; (11) Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;
(12) Restaurants and fast food restaurants;
(13) Pet care and sales establishments, including boarding and grooming;
(14) Health/fitness clubs;
(15) Social halls, clubs, theaters, and nightclubs;
(16) Vehicle and boat sales and service in conjunction with sales; (17) Plumbing, heating, electrical, and appliance repair, service, and supply shops;
(18) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
(19) Car washes;
(20) Community care facilities for more than six persons.
Sec. 9-4.6102. - Development regulations.
(a) Basic Regulations: See Table 9-4.6102: MU-50 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6102: MU-50 Development Regulations
12.b
Packet Pg. 489 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 36 Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 5 feet
Rear Setback 15 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
12.b
Packet Pg. 490 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 37 Article 62. – MU-60 Mixed Use District
Sec. 9-4.6201. - Permitted and conditional uses.
(a) General Use Provisions. All developments must be mixed-use residential and contain both of the following, except as otherwise provided by state law:
(1) Minimum of 50 percent of gross square footage for residential use per Article 54; and
(2) Non-residential uses meeting the minimum floor area ratio requirements. (b) Permitted uses. The following uses shall be permitted in the MU-60 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Retail stores, shops, and other uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;
(7) Personal services, such as professional offices, shoe repair, barber and beauty shops, laundries and dry cleaning establishments, banks and financial institutions, and massage establishments under six hundred forty (640) square feet of treatment floor space (see licensing requirements Title 5, Chapter 19);
(8) Business and administrative offices when located entirely above the ground floor of any commercial structure;
(9) Art galleries and instructional studios for dance and arts or crafts and craft production shops;
(10) Personal and business service establishments, including financial institutions;
(11) Offices;
(12) Newspaper, printing, and lithography plants not exceeding five thousand (5,000) square feet in net usable area;
(13) Retail restaurants, fast food restaurants, restaurants and bars; (14) Household appliance and furniture sales and service in conjunction with sales;
(15) Veterinary hospitals and clinics; and
(16) In the Coastal Zone, visitor-serving commercial uses, as defined in Section 9-4.4302(av) of Article 43 of this chapter.
12.b
Packet Pg. 491 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 38 (c) Conditional uses. Conditional uses allowed in the MU-60 District, subject to obtaining a use permit, shall be as follows:
(1) Coastal access
(2) Service stations;
(3) Retail alcohol sales in conjunction with service stations; (4) Mini-markets and similar retail uses in conjunction with services stations; (5) Conversion of service stations from full service to self-service; (6) Motels and drive-in restaurants;
(7) Veterinary hospitals and clinics (small animals);
(8) Special care and child care facilities;
(9) Business and administrative offices, if located on the ground floor; (10) Amusement machine arcades as a new or a part of an existing use; (11) Massage establishments with six hundred forty (640) square feet or larger of treatment floor space;
(12) Restaurants and fast food restaurants;
(13) Pet care and sales establishments, including boarding and grooming;
(14) Health/fitness clubs;
(15) Social halls, clubs, theaters, and nightclubs;
(16) Vehicle and boat sales and service in conjunction with sales; (17) Plumbing, heating, electrical, and appliance repair, service, and supply shops;
(18) Specialty auto service, such as oil changing facilities, not in conjunction with service stations;
(19) Car washes;
(20) Community care facilities for more than six persons.
Sec. 9-4.6202. - Development regulations.
(a) Basic Regulations: See Table 9-4.6202: MU-60 Development Regulations. (b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6202: MU-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 5 feet
12.b
Packet Pg. 492 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 39 Rear Setback 10 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 63. – MU-I-30 Mixed Use Institutional District 30 Sec. 9-4.6301. - Permitted and conditional uses.
12.b
Packet Pg. 493 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 40 (a) General Use Provisions.
(1) All developments must include a minimum of 50 percent of gross square footage for residential use per Article 54.
(2) Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).
(b) Permitted uses. The following uses shall be permitted in the MU-I-30 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Art galleries, dance/art studios, and craft production shops; (7) Performing arts venues;
(8) Libraries
(9) Religious institutions; and
(10) Accessory uses incidental to a permitted or conditional use. (c) Conditional uses. Conditional uses allowed in the MU-I-30 District, subject to obtaining a use permit, shall be as follows:
(1) Boardinghouses, dormitories;
(2) Lodges, clubs, and clubrooms;
(3) Schools;
(4) Parks and playgrounds;
(5) Bed & breakfast inns;
(6) Coastal access;
(7) Mobile home parks
(8) Community care facilities for more than six persons.
Sec. 9-4.6302. - Development regulations.
(a) Basic Regulations: See Table 9-4.6302: MU-I-30 Development Regulations.
(b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6302: MU-I-30 Development Regulations
12.b
Packet Pg. 494 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 41 Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 10 feet
Rear Setback 10 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 40 feet
Lot Coverage (Maximum) 60%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 64. – MU-I-40 Mixed Use Institutional District 40 Sec. 9-4.6401. - Permitted and conditional uses.
(a) General Use Provisions.
(1) All developments must include a minimum of 50 percent of gross square footage for residential use per Article 54.
(2) Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).
(b) Permitted uses. The following uses shall be permitted in the MU-I-40 District:
(1) Duplexes and multiple-family dwellings;
12.b
Packet Pg. 495 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 42 (2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Art galleries, dance/art studios, and craft production shops; (7) Performing arts venues;
(8) Libraries;
(9) Religious institutions and
(10) Accessory uses incidental to a permitted or conditional use. (c) Conditional uses. Conditional uses allowed in the MU-I-40 District, subject to obtaining a use permit, shall be as follows:
(1) Boardinghouses, dormitories;
(2) Lodges, clubs, and clubrooms;
(3) Schools;
(4) Parks and playgrounds;
(5) Bed & breakfast inns;
(6) Coastal access;
(7) Mobile home parks
(8) Community care facilities for more than six persons.
Sec. 9-4.6402. - Development regulations.
(a) Basic Regulations: See Table 9-4.6402: MU-I-40 Development Regulations.
(b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 68.
Table 9-4.6402: MU-I-40 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 25 du/ac
Maximum 40 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
12.b
Packet Pg. 496 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 43 Additional Setbacks: A minimum 30-foot setback shall be required from any property line
abutting a single-family zone.
Height 45 feet
Lot Coverage (Maximum) 60%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 65. – MU-I-50 Mixed Use Institutional District 50 Sec. 9-4.6501. - Permitted and conditional uses.
(a) General Use Provisions.
(1) All developments must include a minimum of 50 percent of gross square footage for residential use per Article 54.
(2) Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).
(b) Permitted uses. The following uses shall be permitted in the MU-I-50 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Art galleries, dance/art studios, and craft production shops; (7) Performing arts venues;
(8) Libraries;
(9) Religious institutions; and
12.b
Packet Pg. 497 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 44 (10) Accessory uses incidental to a permitted or conditional use. (c) Conditional uses. Conditional uses allowed in the MU-I-50 District, subject to obtaining a use permit, shall be as follows:
(1) Boardinghouses, dormitories;
(2) Lodges, clubs, and clubrooms;
(3) Schools;
(4) Parks and playgrounds;
(5) Bed & breakfast inns;
(6) Coastal access;
(7) Mobile home parks
(8) Community care facilities for more than six persons.
Sec. 9-4.6502. - Development regulations.
(a) Basic Regulations: See Table 9-4.6502: MU-I-50 Development Regulations.
(b) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (c) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6502: MU-I-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
12.b
Packet Pg. 498 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 45 Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 66. – MU-I-60 Mixed Use Institutional District 60 Sec. 9-4.6601. - Permitted and conditional uses.
(a) General Use Provisions.
(1) All developments must include a minimum of 50 percent of gross square footage for residential use per Article 54.
(2) Mixed-use residential development is allowed provided the requirements of Subsection (a)(1) are met, and the nonresidential use is permitted pursuant to Subsections (b) or (c).
(b) Permitted uses. The following uses shall be permitted in the MU-I-60 District:
(1) Duplexes and multiple-family dwellings;
(2) Accessory buildings and uses;
(3) Community care facilities for six (6) or fewer persons; (4) Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit, subject to the standards contained in Article 48 of this chapter;
(5) Accessory dwelling units and junior accessory dwelling units, subject to the standards of Article 4.5;
(6) Art galleries, dance/art studios, and craft production shops; (7) Performing arts venues;
(8) Libraries;
(9) Religious institutions; and
(10) Accessory uses incidental to a permitted or conditional use.
12.b
Packet Pg. 499 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 46 (c) Conditional uses. Conditional uses allowed in the MU-I-60 District, subject to obtaining a use permit, shall be as follows:
(1) Boardinghouses, dormitories;
(2) Lodges, clubs, and clubrooms;
(3) Schools;
(4) Parks and playgrounds;
(5) Bed & breakfast inns;
(6) Coastal access;
(7) Mobile home parks
(8) Community care facilities for more than six persons.
Sec. 9-4.6602. - Development regulations.
(d) Basic Regulations: See Table 9-4.6602: MU-I-60 Development Regulations.
(e) Supplemental Regulations: See Section 9.4-5403 (Higher Density Residential and Mixed-Use Districts Development Standards). (f) Multiple-Family Housing Combining District Development Regulations:
See Article 67.
Table 9-4.6602: MU-I-60 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR) N/A
Open Space
12.b
Packet Pg. 500 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 47 Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 67 – Multiple-Family Housing Polygon Combining District Sec. 9-4.6701. – Purpose.
(a) The purpose of the Multiple-Family Housing Polygon (MFH-PY) Combining District is to promote the development of housing on sites locally identified in the City of Pacifica Housing Element sites inventory to accommodate development. This District will be superimposed over the underlying basic zones and will supplement the regulations and requirements of those zones.
(b) The MFH-PY Combining District has the following purposes:
(1).To promote multi-family residential and mixed-use development per the underlying zone, within specific areas or polygons on a larger site; and
(2).To implement Housing Element programs and facilitate development of sites identified in the Housing Element Sites Inventory.
Sec. 9-4.6702. – Applicability.
(a) This article applies to sites within the MFH-PY Combining District Overlay established in the City of Pacifica Zoning Map and shown in Table 9-4.6702(a) These sites correspond to sites identified in the City of Pacifica 6
th Cycle Housing Element sites inventory .
Table 9-4.6702(a): Multi-Family Housing Combining District Parcels Housing
Element
Site #
Assessor Parcel
Number (APN) Site Address/ Intersection
F 023-593-160 Oddstad Boulevard
21 009-293-070 401 Paloma Avenue
12.b
Packet Pg. 501 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element 48 Housing
Element
Site #
Assessor Parcel
Number (APN) Site Address/ Intersection
22 022-310-300 1450 Terra Nova Boulevard
24 023-593-140 1111 Terra Nova Boulevard
28 009-440-080 777 Hickey Blvd
009-440-120 Gateway Dr
29 023-041-190 De Solo Dr
203-041-200 De Solo Dr
023-041-270 500 Linda Mar
32 009-164-200 Oceana /Manor
009-164-210 555 Oceana Blvd
009-164-220 549 Oceana Blvd
G 009-610-110 Skyline Blvd
Sec. 9-4.6703. – Combining District Site Additional Requirements (a) Combining district additional requirements:
i. These sites include modified zoning on a portion of the site, namely within specific areas or polygons of a larger site identified by the MFH-PY overlay, in order to allow for the development of housing within the specific area or polygon.
The polygon’s zoning provisions are allowed within the specific area, no matter the zoning designation of the parcel outside the polygon.
ii. Setbacks required by the underlying zoning district are measured from property lines, not the boundaries of the polygon.
iii. Lot coverage allowance established in the underlying zoning district is calculated based on the area of the enclosing polygon, not the property as a whole. Projects may propose lot coverage of up to 100 percent of the area enclosed within the polygon or specific area, less any lot area within the underlying designation’s setback requirements.”
12.b
Packet Pg. 502 Attachment: Attachment A - Exhibit A. Proposed Zoning Text Amendments_Clean_250825_FINAL (6020 : Ordinance - Housing Element +
19 27B
20 02
10 30
31 16B 16A
25 18
21 22
24 28
29 32
G
A
F
H
B
11 38 12
D
E
27A
J I
A3 A4 A5
B3 B4
B5
B6
C3
C4
C5
C6
C7
D3
D4
D5 D6
E3 E4
E5
E6
E7
E8
F2
F3
F4 F5 F6 F7
F8
G1
G2 G3 G4
G5
G6 G7
G8
G9
H1 H2
H3
H4
H5
H6 H7 H8
I2 I3 I4 I5 I6 I7
+
+
+
+
+
X
X
+
+
+
+
+
+
+
+
+ +
+
X
X
X
X
0 ½ 1
Mile
Zoning (Proposed)
Aug. 2025
Grid Index
Residential
R-1-H
R-1/B-10
R-1/B-5
R-1/B-4
R-1/B-3
R-1/B-2
R-1/B-1
R-1
R-2
R-3-G
R-3.1
R-3
R-40
R-60
Combining District
MFH-PY
Mixed Use
MU-30
MU-40
MU-50
MU-60
Mixed Use
Institutional
MU-I-30
MU-I-50
MU-I-60
Commercial
C-1
C-2
C-3
C-R
O
Industrial
M-1
Public & Open
Space
PF
OS
Agriculture
A/B-5
Other
P-D
P
Hillside Preservation
District
Cannabis Operation
Overlay District (CO)
Coastal Zone
City Boundary
Labeled Sites (e.g., 16A,
22, A) reference the listed
site inventory in the City's
6th Cycle Housing Element
(2023-2031).
X requires public vote for
residential development
+ requires public vote to
rezone.
R-30
R-50
No parcels exist within
the following zones: M-2
(Industrial District), R-M
(Resource Management
District), R-3/L.D.
(Multiple-Family/Low
Density Residential
District), SA (Special
Resource Combining
District), R-30
(Multi-Family Residential
30), and R-50 (MultiFamily Residential 50).
MU-I-40
These maps are for
general reference only.
Contact the Planning
Division for specific parcel
zoning
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32 H
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H
A/B-5
R-1/B-1
R-1/B-1
R-1/B-1
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R-1/B-4
R-1/B-4
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R-1/B-1
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R-1/B-1
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Packet Pg. 516 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) 21 +
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R-1/B-3
R-1/B-4
R-1/B-4
R-1/B-10
R-1/B-4
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Packet Pg. 517 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) A
+
+
A/B-5
A/B-5
A/B-5
R-1/B-3
R-1/B-3
R-1/B-4
R-1/B-4
R-1/B-10
R-1/B-4
R-1/B-4
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A/B-5
A/B-5
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X
X
X
X
X
X
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+
+
X
X
X
X
X
X
A/B-5
A/B-5
R-1/B-10
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A/B-5
R-1/B-10
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R-1/B-4
R-1/B-10
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38 12
I
J
X
+
X X
A/B-5
A/B-5
A/B-5
A/B-5
R-1/B-3
R-1/B-10
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38 12
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J
X
A/B-5
A/B-5
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R-1/B-10
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R-1/B-10
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R-1/B-10
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A/B-5
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Packet Pg. 535 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) +
R-1/B-2
A/B-5
A/B-5
A/B-5
A/B-5
R-1/B-3
R-1/B-3 R-1/B-3
R-1/B-4
R-1/B-4
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Packet Pg. 536 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) 22 A/B-5
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Packet Pg. 537 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) A/B-5
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Packet Pg. 542 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) A/B-5
A/B-5
A/B-5
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R-1/B-3
R-1/B-4
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A/B-5
A/B-5
A/B-5
A/B-5
R-1/B-1
R-1/B-2
R-1/B-2
R-1/B-2
R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-3 R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-3
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-4
R-1/B-5
R-1/B-5 R-1/B-5
R-1/B-5
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A/B-5
A/B-5
A/B-5
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16A
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Packet Pg. 550 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) A/B-5
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R-1/B-3
R-1/B-3
R-1/B-3
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Packet Pg. 555 Attachment: Attachment A - Exhibit B. Proposed Zoning Maps and Sections_250825 (6020 : Ordinance - Housing Element Rezoning) 1 Article 25 – Height Limits
Sec. 9-4.2501 Height of Buildings
Building Height is measured as follows:
(a) Building height is measured from the lowest finished grade point existing or finished grade point, whichever is lower, of that portion of the lot covered by each building to the highest point on the roof of that building, except as provided below.
(b) The Building height of a building, excluding single family dwellings, with a sloped, hipped, gabled, mansard, or gambrel roof is measured to a point that is half the distance between the highest point on the ridge and where the eave meets the plate.
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Packet Pg. 556 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 2 Article 28 – Off-Street Parking and Loading
Sec. 9-4.2818. – Number of parking spaces required
(a) The number of off-street parking spaces required for the uses set forth in this section shall be as follows:
Use Requirements
(a) Residential
(1) Single-family in all zoning
districts
Two garage spaces per unit. In addition, where
adequate driveway length to accommodate a
parked car does not exist or on-street parking
is unavailable, a minimum of one guest parking
space per unit shall be provided.
(2) Two-family and Multiplefamily, including studio,
townhouses and
condominiums in all R-30,
R40, R-50, R-60, MU-30,
MU40, MU-50, MU-60, MUI30, MU-I-40, MU-I-50, and
MU-I-60 zoning districts
One space for each studio or one-bedroom
unit;
2 spaces for each unit with two or more
bedrooms.
In addition, one space to accommodate guest
parking shall be provided for each five units,
excluding studios and one-bedroom units.
When the determination of the number of
guest parking spaces results in the
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Packet Pg. 557 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 3 requirement of a fractional space, the fraction
shall be disregarded.
(3) Two-family and Multiplefamily, including studio,
townhouses and
condominiums in all other
districts
One space for each studio;
1.5 spaces for each one-bedroom unit;
2 spaces for each unit of two or more
bedrooms.
In addition, one space to accommodate guest
parking shall be provided for each four units.
When the determination of the number of
guest parking spaces results in the
requirement of a fractional space, the fraction
shall be disregarded.
(34) Residential projects within the
Hillside Preservation District
Spaces shall be provided as required
by Section 9-4.2258 of Article 22.5 of this
chapter.
(4)(5) Mobile home parks Two (2) spaces for each site (parking may be tandem). For associated guest parking and
recreation facilities, one space for each five (5)
sites.
(56) Dwelling units especially
designed for, and to be occupied by,
persons sixty-two (62) years of age
or more
One space for every two (2) units. In addition,
one space to accommodate guest parking
shall be provided for each five (5) units.
(67) Lodging houses and
boardinghouses
One garage space for each two (2) lodging
rooms, plus garage space for the owner or
manager.
(78) Private clubs and lodges with
sleeping facilities
One parking space for each two (2) lodging
rooms, plus parking spaces equal in number to
twenty (20) percent of the capacity, in persons,
for the remainder of the building.
(89) Residential projects with
affordable units
Projects which provide affordable units in
accordance with the density bonus program as
set forth in Article 41 of this chapter, which
projects have ten (10) or more required
spaces, may provide up to one-third (⅓) of the
total required parking spaces for compact cars.
(910) Accessory dwelling units Spaces shall be provided as required by Article
4.5 of this chapter.
12.d
Packet Pg. 558 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 4 (1011) Emergency shelter One (1) space per employee or volunteer on duty when the shelter is open to individuals
utilizing the emergency shelter.
(b) Non-Residential uses in MU-30,
MU-40, MU-50, MU-60, MU-I-30,
MU-I-40, MU-I-50, and MU-I-60
zoning districts.
(1) Hotels, motels, and inns 0.5 parking spaces for each unit or lodging room, plus one additional parking space for the
office or manager quarters.
(2) Retail; Eating and
Drinking Establishments1
Three parking spaces for each 1,000 square
feet of gross leasable floor area.
First 2,000 square feet of gross leasable space
exempted at the discretion of the Planning
Director, such as when required to improve site
design.
Additional parking may be required in
instances involving shopping centers.
(3) Personal Services Uses1 Two parking spaces for each 1,000 square feet of gross leasable space.
(4) Offices1 Three parking spaces for each 1,000 square feet of gross leasable space.
(5) Mixed Use Residential2 The sum of the requirements for individual uses. Residential parking shall be functionally
separate from commercial parking.
(6) Other non-residential uses
not listed in Subsections
(b)(1) through (6)
See (c) through (j) below for required parking
(c) Retail and service commercial,
except as provided in Subsection (b)
in the specified zoning district.
(1) Hotels, motels, and inns One parking space for each unit or lodging room, plus one additional parking space for the
office or manager quarters.
(2) Retail stores and service
establishments
One parking space for each 300 square feet of
gross leasable space. Additional parking may
be required in instances involving shopping
centers, high intensity uses, and/or where the
approval of site development plans is required.
12.d
Packet Pg. 559 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 5 (3) Automobile service stations
and automobile repair
Three (3) parking spaces for each service bay.
(4) Automobile self-service
station
One parking space for each employee on a
maximum shift and one parking space for each
rest room, with such spaces located as close
as possible to the rest rooms.
(5) Automobile laundries (i) Self-service, one parking space per washing bay
(ii) Automatic, one-lane car wash, twelve (12)
car stacking spaces, plus one space for each
employee on a maximum shift, and two (2)
lane car wash, twenty (20) car stacking
spaces, plus one space for each employee on
a maximum shift.
(6) Public establishments, bars,
restaurants, taverns, and nightclubs
One parking space for each fifty (50) gross
square feet of customer area, plus one parking
space for each 200 gross square feet of all
other floor areas.
(7) Drive-thru, drive-in, take-out,
and fast food restaurants
One parking space for each fifty (50) square
feet of gross floor area.
(8) Motor vehicle, boat, trailer,
and machinery sales and service
and equipment rental
One parking space for each 500 square feet of
display floor area, one parking space for each
1,500 square feet of outside display area, one
parking space for each 800 square feet of
storage area, and one parking space for each
250 square feet of garage area.
(9) Theaters (indoor) One parking space for each three (3) seats. (10) Funeral homes and
mortuaries
One parking space for each four (4) seats in
each chapel or parlor room, plus one parking
space for each employee, plus one parking
space for each funeral vehicle kept on the
premises.
(11) Commercial nurseries One parking space for each 250 square feet of gross building area, plus one parking space for
each 1,000 square feet of outside display or
greenhouse area.
(12) Cannabis Retail Operations One parking space for each 300 square feet of gross leasable space, plus additional spaces
as necessary based on the unique needs of
12.d
Packet Pg. 560 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 6 the Operation as determined by the
Commission.
(d) Business and professional
users, except as provided in
Subsection (b) in the specified
zoning district.
(1) Medical, dental, and
veterinary offices and clinics
One parking space for each 200 square feet of
gross floor area.
(2) Banks, financial insurance
companies, and social services
One parking space for each 300 square feet of
gross leasable space.
(3) General business and
professional offices
One parking space for each 300 square feet of
gross leasable space.
(4) Cannabis Manufacturing and
Testing Operations
Two and seven-tenths (2.7) parking spaces for
each 1,000 square feet of gross leasable
space, plus additional spaces as necessary
based on the unique needs of the Operation as
determined by the Commission.
(e) Industrial users, except as
provided in Subsection (b) in the
specified zoning district.
(1) Kennels, stables, and animal
boarding
One parking space for each employee on a
maximum shift, plus additional spaces as
determined by the Commission.
(2) Salvage yards, junk yards,
auto wrecking yards, storage
facilities, and similar uses
One parking space per employee on a
maximum shift and one parking space per
5,000 square feet of lot.
(3) Warehouses, wholesale
businesses, and lumber yards
One parking space for each 2,000 square feet
of lot area and one parking space for each
employee on a maximum shift, plus loading
spaces as required by Section 9-4.2819 of this
article.
(4) Industrial and manufacturing
plants, research or testing
laboratories, bottling plants, food
processing, printing shops, and
recycling centers
One parking space for each 500 square feet of
open or enclosed area devoted to the use, plus
one parking space for each vehicle used in
conjunction with the business, plus loading
spaces as required by Section 9-4.2819 of this
article.
12.d
Packet Pg. 561 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 7 (f) Recreational uses, except as
provided in Subsection (b) in the
specified zoning district.
(1) Auditoriums, clubs and
lodges with no sleeping facilities,
conference and meeting facilities,
and other places of public assembly
One parking space for each five (5) seats and
one parking space for each one hundred (100)
square feet of assembly area without fixed
seats. Eighteen (18) linear inches of bench
shall be considered a fixed seat.
(2) Bowling alleys Four (4) spaces for each alley, plus such spaces as may be required for affiliated uses,
such as bars and restaurants.
(3) Game and athletic courts Two (2) parking spaces for each court, plus one parking space for each employee on a
maximum shift.
(4) Gymnasiums and skating
rinks
One parking space for each five (5) seats, plus
one parking space for each two hundred (200)
square feet of recreational floor area.
(5) Health/fitness club One parking space for each two hundred (200) square feet of gross floor area (indoor
swimming pools shall count as floor area).
(6) Golf driving ranges and
miniature or pitch and putt golf
courses
One parking space for each driving tee or two
(2) spaces for each hole.
(7) Swimming pools One parking space for each two hundred (200) square feet of gross water surface area.
(8) Skateboard parks One parking space for each three (3) users, based on maximum capacity.
(9) Beach access See Section 9-4.2820 of this article.
(g) Community services, except as
provided in Subsection (b) in the
specified zoning district.
(1) Churches, chapels, and
religious meeting halls
One parking space for each five (5) seats in
areas with fixed seating and one parking space
for each 100 square feet of assembly area
without fixed seating. Eighteen (18) linear
inches of bench shall be considered a fixed
seat.
(2) Church classrooms and
offices
One parking space for each classroom and
office.
12.d
Packet Pg. 562 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 8 (3) Nursery and grade schools
elementary and junior high schools
One parking space for each employee.
(4) High schools, colleges, and
business, professional, and trade
schools
One parking space for each employee, plus
three (3) parking spaces for each twenty (20)
students, based on the maximum capacity of
the facility at any one time during any twentyfour (24) hour period. (5) Hospitals One and one-fourth (1-1/4 ) parking spaces for each permanent bed.
(6) Nursing and convalescent
hospitals, sanitariums, asylums, and
children's homes
One parking space for each three (3) beds.
(7) Libraries, art galleries, and
museums
One parking space for each 250 square feet of
gross floor area.
(8) Public utility and public
service uses and governmental
centers
One parking space for each employee on a
maximum shift, plus parking spaces equal in
number to ten (10%) percent of the capacity in
persons of any conference and meeting room.
(h) Mixed use residential, except
as provided in Subsection (b) in the
specified zoning district.
(1) Where two (2) or more uses
under the same or different owners
and/or managers are located in the
same structure and/or in a common
development
The sum of the separate requirements for each
use shall be provided as set forth in this
section. In the event of multiple uses, the
Commission may require areas of less
intensive use to provide a higher parking
requirement if it is determined that the health,
safety, and general welfare of the area requires
the higher standard. No parking space, or
portion thereof, shall serve as a required space
for more than one use unless otherwise
authorized by the Commission.
(2) In cases where shared uses
complement each other
Parking requirements may be reduced as
determined by the Commission.
(i) Other uses. For uses not set forth in this section, parking spaces shall be provided as required by the
Commission or Planning Administrator, as
determined by conditions of the permit
approval. The requirements set forth in this
12.d
Packet Pg. 563 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 9 section shall be used as guidelines to
determine the parking needs for unlisted uses.
1Shared parking arrangements are allowed at the discretion of the Community Development Director, such as when required to improve site design. 2Shared parking arrangements for mixed use residential are allowed at the discretion of the Planning Commission, such as when required to improve site design.
Article 54 – Higher Density Residential and Higher Density Mixed-Use Districts
Sec. 9-4.5402 – Development Standards
(a) Residential Use: All developments must include a minimum of 50 percent of gross square footage for residential use.
(b) Development Standards: The following standards shall apply:
(1) Ten-foot minimum stepback above the second story on any streetfacing façade(s). Railings or parapets that do not exceed the minimum height required by the Building Code may be located in the stepback area.
(2) Development with more than 40 linear feet of frontage along any street must provide one or more of the following at the ground level to optimize the pedestrian experience and ground floor activating strategies:
i. For ground-level uses located along the primary frontage street awnings or overhangs over all ground floor entrances to provide refuge and shade and enhance the pedestrian realm.
1. Awnings or overhangs located in the public right-ofway shall be subject to review and encroachment permit approval by Public Works.
ii. Incorporation of projections (including but not limited to open porches, steps, and bay windows), which may project into required setbacks per Article 27 Projections into Yards; iii. If included, stoops must be elevated by a minimum of 18 inches to provide a sense of privacy for residents and human comfort for pedestrians. ADA-compliant units are not required to provide stoops; or
iv. Where the finished floor elevation is more than three feet above the sidewalk elevation, the elevation change shall include landscaping and/or terraced landscaping and be
punctuated with stairs.
12.d
Packet Pg. 564 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 10 (3) Ground-level commercial uses must include all of the following:
i. Windows that cover at least 20 percent of the street-facing, ground-level façade; and
ii. Minimum depth of 40 feet, or 10 feet less than the lot depth for parcels less than 50 feet deep; and
iii. Minimum floor-to-floor height of 15 feet.
Sec. 9-4.5403 – State Law By Right Approval Requirements (a) Purpose. The purpose of these approval requirements is to implement State Government Code sections 65583, subdivisions (c)(1) and 65583.2 subdivisions (c), (h), and (i).
(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 65583.2(h) and 65583.2(i), as may be amended from time to time. Specifically, it applies to the sites designated to address the shortfall of lower-income RHNA units 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 requirements of Government Code 6558265583.2(i), provided that the project conforms with the objective development standards identified in Section 9-4.5402, the underlying zoning district Articles 55 through Article 66, and any other regulations in this Title, unless modified by 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.
(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.
12.d
Packet Pg. 565 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 11 Article 55 – R-30 Multiple-Family Residential District Table 9-4.5502: R-30 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 10 feet
Rear Setback 10 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family residential
district.
Height (Average) 40 feet
Lot Coverage (Maximum) 60%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 56 – R-40 Multiple-Family Residential District
Table 9-4.5602: R-40 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 25 du/ac
Maximum 40 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
12.d
Packet Pg. 566 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 12 Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 45 feet
Lot Coverage (Maximum) 60%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 57 – R-50 Multiple-Family Residential District
Table 9-4.5702: R-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
12.d
Packet Pg. 567 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 13 Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 58 – R-60 Multiple-Family Residential District
Table 9-4.5802: R-60 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 12.d
Packet Pg. 568 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 14 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 59 – MU-30 Mixed Use District
Table 9-4.5902: MU-30 Development Regulations
Regulations Notes
Density Rounding subject to
the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 10 feet
Rear Setback 20 feet
Additional
Setbacks:
A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 45 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Maximum 2.5 FAR
Open Space
12.d
Packet Pg. 569 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 15 Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 60 – MU-40 Mixed Use District
Table 9-4.6002: MU-40 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 25 du/ac
Maximum 40 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 10 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 75%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
12.d
Packet Pg. 570 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 16 Maximum 2.5 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 61 – MU-50 Mixed Use District
Table 9-4.6102: MU-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 5 feet
Rear Setback 15 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
12.d
Packet Pg. 571 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 17 Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Maximum 2.5 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 62 – MU-60 Mixed Use District
Table 9-4.6202: MU-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 5 feet (10 feet maximum)
Side Setback 5 feet
Rear Setback 10 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 55 feet For those portions
of a site within 50
feet of a property
12.d
Packet Pg. 572 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 18 located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR)
(non-residential uses)
There is no
minimum or
maximum FAR for
Residential
component of
development.
Minimum 0.1 FAR
Maximum 2.5 FAR
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 63. – MU-I-30 Mixed Use Institutional District 30 Table 9-4.6302: MU-I-30 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 20 du/ac
Maximum 30 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 10 feet
Rear Setback 10 feet
12.d
Packet Pg. 573 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 19 Additional Setbacks: A minimum 30-foot setback shall be required from any property line
abutting a single-family zone.
Height (Average) 40 feet
Lot Coverage (Maximum) 60%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 64. – MU-I-40 Mixed Use Institutional District 40 Table 9-4.6402: MU-I-40 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 25 du/ac
Maximum 40 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 45 feet
Lot Coverage (Maximum) 60%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
12.d
Packet Pg. 574 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 20 Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 65. – MU-I-50 Mixed Use Institutional District 50 Table 9-4.6502: MU-I-50 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 30 du/ac
Maximum 50 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 50 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 12.d
Packet Pg. 575 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning) 21 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
Article 66. – MU-I-60 Mixed Use Institutional District 60 Table 9-4.6602: MU-I-60 Development Regulations
Regulations Notes
Density Rounding subject
to the provisions of
Article 23
Minimum 40 du/ac
Maximum 60 du/ac
Setbacks (Minimum)
Front Setback 15 feet
Side Setback 5 feet
Rear Setback 20 feet
Additional Setbacks: A minimum 30-foot setback shall
be required from any property line
abutting a single-family zone.
Height (Average) 55 feet For those portions
of a site within 50
feet of a property
located in a singlefamily residential
district: 40 feet.
Lot Coverage (Maximum) 70%
Floor Area Ratio (FAR) N/A
Open Space
Usable Open Space
(Minimum)
200 sf/unit; If private, 6 feet by 10
feet minimum dimension.
Parking Subject to the provisions of Article
28 Permits for Site
Development
Subject to the provisions of Article
32 Accessory Dwelling Unit
Regulations
Subject to the provisions of Article
5 and compliance with State law
12.d
Packet Pg. 576 Attachment: Attachment B - Redlined Council Changes Proposed Text Amendments_250825 (6020 : Ordinance - Housing Element Rezoning)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/25/2025
1 SUBJECT:
Amend the City Council Rules and Code of Ethics and Administrative Policy No. 1 “City Council Agenda Format and Process”
RECOMMENDED ACTION:
Adopt a Resolution to amend the City Council Rules and Code of Ethics and Administrative Policy No. 1 “City Council Agenda Format and Process,” as recommended by the City Council at the May 17, 2025 City Council Study Session on Governance Training.
STAFF CONTACT:
Kevin Woodhouse, City Manager
650-738-7409
[email protected]
BACKGROUND/DISCUSSION:
Summary of City Council Rules and Code of Ethics
The City Council Rules and Code of Ethics is an important policy to establish the standards for the roles, responsibilities and expectations of the governing board (City Council) and staff in the operation of the organization, promoting communication, understanding, and trust in these roles, responsibilities and expectations, and helping to make City Council meetings as productive as possible. The City Council Rules and Code of Ethics also establishes standards that provide an understanding for the members of the community for expectations of the roles and responsibilities of the members of the City Council and standards for conducting City Council meeting.
The City Council Rules and Code of Ethics covers a broad range of topics, including:
• Operation of City Council Meetings
• Order of the Agenda
• Council Communications
• Councilmember and Public Decorum
• City Council Relationship with City Staff
In the City Council Rules and Code of Ethics, it is stated that establishing a periodic review of these City Council rules will assist all Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible.
Updates Stemming from Council Governance Training Study Session On May 17, 2025, the City Council held a Study Session for the purpose of Governance Training and Team Development as part of the City’s annual City Council Goals and Strategic Plan update process. In this Study Session, the Council briefly reviewed the current City 13 Packet Pg. 577
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Council Rules and Code of Ethics and a majority of Councilmembers and/or Council consensus recommended some changes aimed at improving productivity and process related to City Council meetings, as summarized below:
1. Revise the term “Mayor pro Tem” to “Vice Mayor”.
2. Specify that the Mayor may seek assistance of the Vice Mayor for meeting management.
3. Move the regular City Council meeting start time from 7:00 PM to 6:00 PM. (Regular City Council meetings will still take place on the second and fourth Mondays of each month.)
4. Move “Council Communications” to end of the meeting.
5. End regular City Council meetings by 11:00 PM, unless a supermajority (4/5) vote to continue beyond 11:00 PM.
The above recommended changes have been reflected in Exhibit A City Council Rules and Code of Ethics proposed update. In conjunction with the review and recommended amendments to the City Council Rules and Code of Ethics, the City of Pacifica’s Administrative Policy No. 1 “City Council Agenda Format and Process” was reviewed and updated to reflect the above-referenced changes and to reflect current practices and City Council agenda / staff report formats (Attachment B). Clean versions of the amended documents are attached with the proposed Resolution to adopt the updated policies. Redlined versions showing the edits are attached as Attachment C (redline City Council Rules and Code of Ethics) and Attachment D (redline Administrative Policy No. 1).
Previous Council Review and Updates to City Council Rules and Code of Ethics As part of the City’s ongoing goal for continuous improvement in its policies and procedures for its conduct of business, it is a best practice to periodically review and consider updates to important policies and procedures. On January 10, 2022, the City Council appointed a twoCouncilmember ad hoc subcommittee, to consist of then Mayor pro Tem Bigstyck and then Councilmember O’Neill, to work with the City Manager, City Attorney, and City Clerk, to conduct a comprehensive review and develop recommendations for updating the City Council Rules and Code of Ethics. The resulting recommended updates to the City Council Rules and Code of Ethics were discussed by the full City Council at the September 12, 2022, City Council meeting and the January 23, 2023 City Council meeting. Amendments to the City Council Rules and Code of Ethics were adopted by the City Council at the January 23, 2023 City Council meeting.
Process for Future Review and Amendments to the Council Rules and Code of Ethics Going forward, it is recommended and City Councilmembers expressed the intent to conduct a brief review of the City Council Rules and Code of Ethics on an annual basis, typically in the January timeframe, to confirm the policy document as written or to discuss any recommendations for modifications for the purpose of clarifying or improving the process, roles and/or responsibilities as they relate to the conduct of City Council meetings.
ALTERNATIVE ACTION:
The City Council could decide to not adopt the recommended edits to the City Council Rules and Code of Ethics and/or the Administrative Policy No. 1 or direct alternative amendments.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This agenda item relates to City Council Strategic Plan - Goal #1 - Enhance organizational and 13 Packet Pg. 578
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fiscal stability.
ENVIRONMENTAL REVIEW:
The approval of these amendments are not subject to environmental review pursuant to the California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378, as these amendments would only make administrative changes and would not be considered a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (DOCX)
Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (PDF)
Attachment C: City Council Rules and Code of Ethics (Redline) (PDF) Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (PDF)
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING THE CITY COUNCIL RULES AND CODE OF ETHICS AND ADMINISTRATIVE POLICY NO. 1 “CITY COUNCIL AGENDA AND FORMAT PROCESS”
WHEREAS, the City Council Rules and Code of Ethics has been established to define the roles, responsibilities and expectations of the City Councilmember and staff with regard to the organization and process for the operation of City Council meetings; and WHEREAS, periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and
WHEREAS, the City Council reviewed and directed amendments to the process, roles and responsibilities in conducting City Council meetings; and WHEREAS, the City Council desires to make the following amendments:
1. Revise the term “Mayor pro Tem” to “Vice Mayor”.
2. Move the regular City Council meeting start time from 7:00 PM to 6:00 PM. (Regular City Council meetings will still take place on the second and fourth Mondays of each month.)
3. Move “Council Communications” to end of the meeting.
4. End regular City Council meetings by 11:00 PM, unless a supermajority (4/5) vote to continue beyond 11:00 PM. Government; and
WHEREAS, the above-referenced amendments have been reflected and incorporated in the proposed amended City Council Rule and Code of Ethics included as Exhibit A; and WHEREAS, Administrative Policy No. 1 “City Council Agenda Format and Process” was reviewed to reflect current practices, City Council agenda / staff report formats and the recommended edits to the City Council Rules and Code of Ethics and the recommended edits to bring Administrative Policy No. 1 into conformity are included in the policy presented in Exhibit B;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pacifica hereby approves the amendments and incorporates them into the revised City Council Rules and Code of Ethics, which is attached hereto and incorporated in Exhibit A; and BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica hereby approves the amendments and incorporates them into the revised Administrative Policy No. 1 “City Council Agenda Format and Process”, which is attached hereto and incorporated in Exhibit B.
• • • • •
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of August 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 13 Packet Pg. 581
CITY COUNCIL RULES
AND CODE OF ETHICS
Revision August 25, 2025
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Packet Pg. 582 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & Table of Contents
Section 1. GENERAL RULES ............................................................................................................................................5 Section 2. OPERATION OF CITY COUNCIL MEETINGS.....................................................................................................5
1. Regular City Council meetings. ..............................................................................................................................5
2. Time Limit on Comments by the Public. ................................................................................................................5
3. Public Comments on Items Not on the Posted Agenda.........................................................................................5
4. Addressing the Council on Regular Agenda Items. ................................................................................................7
5. Public Hearings – Appeals......................................................................................................................................7 Section 3. PUBLIC DECORUM.........................................................................................................................................7 Section 4. CITY COUNCIL DECORUM..............................................................................................................................8 Section 5. ORDER OF THE AGENDA................................................................................................................................9 Section 6. REGULAR AGENDA ITEMS .............................................................................................................................9
1. Special Presentations.............................................................................................................................................9
2. Consent Calendar...................................................................................................................................................9
3. Public Comments on Items Not on the Posted Agenda.......................................................................................10
4. Council Communications. ....................................................................................................................................10
5. Council Considerations. .......................................................................................................................................10 Section 7. DELIBERATION AND VOTING.......................................................................................................................10
1. Order of Deliberation...........................................................................................................................................10
2. Expression of Council Viewpoints........................................................................................................................11
3. Call for Staff Report and Council Questions.........................................................................................................11
4. Council Deliberations...........................................................................................................................................11
5. Speaking Audibly..................................................................................................................................................11
6. Mayor’s Rights and Privileges. .............................................................................................................................11
7. Division of a motion.............................................................................................................................................11
8. Withdrawal of motion..........................................................................................................................................11
9. Correction of vote................................................................................................................................................11
10. Voting...................................................................................................................................................................12
11. Silence constitutes affirmative vote. ...................................................................................................................12
12. Abstention from vote...........................................................................................................................................12
13. Not participating..................................................................................................................................................12
14. Tie votes...............................................................................................................................................................12
15. Motion to reconsider...........................................................................................................................................12
16. Appeal from the decision of Mayor. ....................................................................................................................13
17. Getting the floor. .................................................................................................................................................13
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Packet Pg. 583 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
18. Interruptions........................................................................................................................................................13
19. Secret Ballot.........................................................................................................................................................13 Section 8. MOTIONS.....................................................................................................................................................13
1. Statement of Motion. ..........................................................................................................................................13
2. Motions defined...................................................................................................................................................13 A. The main motion. ............................................................................................................................................13 B. Fix the time to which to adjourn the meeting to another date. .....................................................................14 C. Motion to raise a question of personal privilege. ...........................................................................................14 D. Motion to lay on the table...............................................................................................................................14 E. Motion to call the question.............................................................................................................................14 F. Motion to continue to a certain time..............................................................................................................14 G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee. ...............14 H. Motion to amend or substitute. ......................................................................................................................14 Section 9. CLOSED SESSIONS........................................................................................................................................15
1. Purpose................................................................................................................................................................15
2. Rule of Confidentiality. ........................................................................................................................................15
3. Breach of Confidentiality. ....................................................................................................................................15
4. Permissible Topics................................................................................................................................................16
5. Scheduling Closed Sessions..................................................................................................................................16
6. Persons Permitted to Attend. ..............................................................................................................................16
7. Rules of Decorum.................................................................................................................................................16
8. Penalties...............................................................................................................................................................16 Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF .........................................................................................16 Section 11. ADMINISTRATIVE MATTERS ........................................................................................................................17
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Packet Pg. 584 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and
WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and
WHEREAS, established standards by an adopted City Council Rules and Code of Ethics provides an understanding for the members of the community for expectations of the roles and responsibilities of members of the City Council and standards for conducting City Council meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.
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Packet Pg. 585 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES
The rules will be equally applicable to regular and special meetings of the City Council. Any act that the Mayor is authorized to perform may be performed by the Vice Mayor in the Mayor’s absence.
Section 2. OPERATION OF CITY COUNCIL MEETINGS
1. Regular City Council meetings.
Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 6:00 p.m. Meetings will conclude by 11:00 P.M unless a super-majority of Councilmembers present vote to extend the time of the meeting. The Council, beginning at 10:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a super-majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so. All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additional recesses may be called as needed.
2. Time Limit on Comments by the Public.
In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business, there will be a three-minute limitation on comments by the public unless otherwise approved by a majority of the Council. In order to effectively enforce this rule, the Mayor will monitor the time for each speaker and inform the Council when the three-minute limitation has been reached. The Mayor will strictly enforce the three-minute time limit. Persons representing organizations or groups of persons may be granted additional time upon consent of a majority of the Council. Individualspeakers may not use the three-minute allocation of other persons. Individual speakers may not speak twice on the same item.
3. Public Comments on Items Not on the Posted Agenda.
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Packet Pg. 586 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & A. There will be an opportunity for Public Comments on Items Not on the Posted Agenda on each regular City Council agenda.
B. Any person wishing to address the Council shall be recognized by the Mayor during Public Comments, provided, however, that during the “Public Comments on Items Not on the Posted Agenda” portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Public Comments.
C. The Mayor will state at the beginning of each meeting the Council’s policy regarding the three-minute limitation on comments by the public. The Mayor, or staff assigned to time-keeping, will announce when the three minutes have expired. The Mayor may adjust the time allotted per speaker, with consent of a majority of the Council, based on the estimated number of speakers requesting to comment during Public Comments.
D. Management of Public Comments: The cards requesting to speak during Public Comments will be received by the Mayor. There may also be an option for members of the public to comment via phone or call-queue. The order in which speakers are called upon will be determined by the Mayor in his or her sole discretion. The Mayor may seek the assistance of the Vice Mayor with meeting management, including managing speaker cards for public comment.
E. Citizens who anticipate their public comment may exceed three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the date of the City Council meeting or by any submission deadline otherwise specified in the meeting Agenda. Written comments received by the specified deadline will be distributed to the Council and posted on the City’s website prior to the meeting. All written comments that are submitted after the specified deadline, will be made part of the public record for that particular agenda item.
F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.
G. If there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that the speakers assist the Council in having the Council meeting proceed efficiently. To that end, the Mayor may request that a spokesperson be designated to represent an organization or group
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Packet Pg. 587 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & and may request that other speakers in the group limit their comments to indicating their agreement with the spokesperson. A show of hands may also be requested.
H. In order to comply with the Brown Act, no action can be taken on items raised under the “Public Comments on Items Not on the Posted Agenda” section of the agenda for Regular Meetings. Upon conclusion of “Public Comments on Items Not on the Posted Agenda”, City Councilmembers may briefly respond to statements or may ask a question for clarification, refer the matter to staff, or request staff to report back to the Council at a subsequent meeting.
4. Addressing the Council on Regular Agenda Items.
A. Time limits for individuals. Persons wishing to address the Council are requested to give their name for the record and, unless further time is granted by the City Council, their remarks shall not exceed three minutes or the limit imposed at the Mayor’s discretion with consent of a majority of the Council.
B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.
C. Addressing the Council after the time for public input has closed. After the Mayor has closed the public comment period or public hearing and Council has commenced deliberation on an item, no person shall address the Council without first securing the permission of the Mayor to do so, subject to approval of the City Attorney with respect to any hearing required by law. During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing after securing the permission of the Mayor to do so.
5. Public Hearings – Appeals.
A. In the case of a hearing required by law, applicants or their agents and appellants should generally be given up to ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.
Section 3. PUBLIC DECORUM
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Packet Pg. 588 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
1. Councilmembers will address the public and staff in a courteous manner.
2. It is the policy of the Council that all members of the public have the right to address the Council including the right to make remarks that members of the City Council may find critical, unpleasant or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits, not disrupt the conduct of the meeting, and not make threats against any person or the public order.
3. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95. Prior to any removal, the Mayor or their designee, shall confirm with the City Attorney that removal of an individual is appropriate.
Section 4. CITY COUNCIL DECORUM
1. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings in interactions between and among Councilmembers, from Councilmembers towards the public and staff, and from the public towards Councilmembers and staff.
2. The Mayor will use his or her discretion to encourage Councilmembers and public to abide by these rules. Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.
3. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of public input, the Mayor may then provide the Council or staff with the opportunity to correct such statements if any City Councilmember wishes.
4. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible to assure the openness that is required to carry out the Council’s community responsibility.
5. There will be no “grandstanding” on any issue. “Grandstanding” is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting
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Packet Pg. 589 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body; purposely misstating the facts of an issue for political purposes; or monopolizing discussion time in a manner that does not facilitate or further deliberation, general understanding or bring the issue to a conclusive decision.
6. If a Councilmember requires more information on a specific agenda item, Councilmembers are encouraged to direct specific questions to staff through the City Manager prior to the meeting. Staff, as directed by the City Manager, will make all reasonable efforts to research questions posed prior to the meeting and provide clarifying information to Councilmembers.
7. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.
Section 5. ORDER OF THE AGENDA
1. Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.
Section 6. REGULAR AGENDA ITEMS
1. Special Presentations.
Ceremonial items such as commendations, proclamations and special presentations, if any, will be handled prior to consideration of Consent Calendar items pursuant to the City of Pacifica Administrative Policy No. 1 as stated in the Council Agenda Format – Order of Business. There should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.
2. Consent Calendar.
Items may be placed upon the “Consent Calendar” by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The “Consent Calendar” shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue
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Packet Pg. 590 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & prior to voting on the “Consent Calendar” and there may be brief Council discussion of an item without the need to remove any items off of consent. If further discussion or debate is desired, any Councilmember may request that an individual item be removed from the “Consent Calendar” in which case the item shall be considered on the regular agenda immediately after the “Consent Calendar” unless otherwise determined by the Council. Any Councilmember may request that such member’s vote be recorded as other than yes on any individual item without having to remove the same from the “Consent Calendar.”
All items on the “Consent Calendar” will have staff reports sufficient to adequately inform the public of the nature of the items on the “Consent Calendar.”
3. Public Comments on Items Not on the Posted Agenda.
The purpose of “Public Comments on Items Not on the Posted Agenda” is for any member of the public to address the City Council on any issue that is not on the Agenda. See Section 2-3 for management of “Public Comments on Items Not on the Posted Agenda.”
4. Council Communications.
The purpose of “Council Communications” is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
City Councilmembers should generally adhere to a three-minute time limit for “Council Communications” unless additional time is granted by a majority of the City Council.
5. Council Considerations.
Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings. The remainder of items for Council consideration shall be heard after Public Hearings.
Section 7. DELIBERATION AND VOTING
1. Order of Deliberation.
The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on. In the event the Mayor cannot determine the order of the lights the Mayor will grant the floor from the left side of the dais to the right. The Vice Mayor will monitor the lights and assist the Mayor in setting the order of deliberation and making sure the speaker cards are in proper order.
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Packet Pg. 591 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
2. Expression of Council Viewpoints.
It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.
3. Call for Staff Report and Council Questions.
When an agenda item is called, the Mayor will call for a staff report. After the staff report, the City Councilmembers may ask staff brief questions to clarify facts, but should not engage in discussion or debate of the issue prior to public input.
4. Council Deliberations.
At the conclusion of public input and during City Council deliberations, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.
5. Speaking Audibly.
The Council shall discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.
6. Mayor’s Rights and Privileges.
The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken. The Mayor may move, second and discuss from the chair, subject only to these rules.
7. Division of a motion.
If a motion contains two or more divisible parts, each of which is capable of standing as a complete motion, the Mayor may, and upon request of a member shall, divide the same.
8. Withdrawal of motion.
A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.
9. Correction of vote.
Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.
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Packet Pg. 592 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
10. Voting.
On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.
11. Silence constitutes affirmative vote.
Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Councilmembers have stated in advance they will not be voting.
12. Abstention from vote.
An abstention for reasons of legal disqualification to vote shall not be counted for any purpose. Non-legal abstentions for personal reasons (such as friendship or appearance) shall not count for any purpose other than a quorum.
13. Not participating.
A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote, unless required by the Rule of Necessity 1.
14. Tie votes.
Tie votes generally mean that no action has been taken on a matter. In the case of an appeal or a land use decision, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting unless the matter involves an appeal or a land use decision or the City Attorney opines is not legally allowed.
15. Motion to reconsider.
A motion to reconsider any action taken by the Council may be made only during the meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time during the meeting and shall have precedence over all other motions. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion.
Nothing in this section would preclude a Councilmember from bringing an item back to consider at a future Council meeting as a new agenda item. 1 Government Code section 83112; FPPC Regulation 18705.
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Packet Pg. 593 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
16. Appeal from the decision of Mayor.
The Mayor shall decide all questions of debate and voting procedure. Any procedural decision or ruling of the Mayor may be appealed by any Councilmember to the whole Council and a final decision on the ruling by the Mayor will be determined by majority vote of the Council. If the councilmember appeal fails or results in a tie vote, the Mayor’s ruling shall stand. If said vote passes, the decision or ruling of the Mayor is reversed.
In addition, prior to making an initial ruling on any procedural matter, the Mayor may submit the question to the Council in the first instance, in which case a majority vote shall prevail.
17. Getting the floor.
Every Councilmember desiring to speak shall push the debate button and, upon recognition by the Mayor, every Councilmember shall be confined to the question under debate, avoiding disrespectful remarks or body language.
18. Interruptions.
Except for being called to order, a Councilmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Councilmember called to order while speaking shall cease speaking until the question or order is determined, and if in order, said Councilmember shall be permitted to proceed.
19. Secret Ballot.
There shall be no voting by secret ballot.
Section 8. MOTIONS
1. Statement of Motion.
The Mayor shall ensure that all motions are clearly stated before allowing debate to begin and also immediately before a vote is taken. The Mayor may request a City Councilmember to restate a motion for clarification, may restate the motion or direct staff to restate the motion.
2. Motions defined.
The following motions may be made by the City Council:
A. The main motion.
A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable.
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Packet Pg. 594 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & B. Fix the time to which to adjourn the meeting to another date.
A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
C. Motion to raise a question of personal privilege.
The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable.
D. Motion to lay on the table.
The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter may be taken from the table at any time prior to the end of the meeting. Any Councilmember can agendize the subject of a tabled matter for a later City Council meeting.
E. Motion to call the question.
The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable.
It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting.
F. Motion to continue to a certain time.
A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set. Purpose is to continue the matter to another specified time.
G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee.
A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated.
H. Motion to amend or substitute.
A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is
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Packet Pg. 595 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & debatable. A motion to amend an amendment is also in order. An amendment can modify a motion but should not raise an entirely different or independent question. An amendment must be relevant to the main motion.
Section 9. CLOSED SESSIONS
1. Purpose.
It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, the City Council recognizes that, in certain limited circumstances, public discussion jeopardizes the public interest, compromises the City’s position, and could cost the taxpayers of Pacifica a significant amount of money. Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.
2. Rule of Confidentiality.
The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.
In accordance with the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised.
No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council or otherwise required by law.
3. Breach of Confidentiality.
No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session except where specifically authorized by these rules. Any authorized disclosure will be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality and subject to penalties as described in Item 8 below.
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Packet Pg. 596 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
4. Permissible Topics.
All closed sessions will be held in strict compliance with the Brown Act.
5. Scheduling Closed Sessions.
Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by the City Attorney or by the City Manager.
6. Persons Permitted to Attend.
The City Council, City Manager and City Attorney, or their designees, may attend closed sessions unless it is necessary to excuse them for conflict of interest. Only such additional staff or attorneys shall attend as are necessary. The department head whose department is most directly affected by the topic of the closed session may also attend.
7. Rules of Decorum.
The same high standard of respect and decorum as applied to regular meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable that it is safe to express their points of view.
All Councilmembers have the right to insist upon strict adherence to this rule.
8. Penalties.
In addition to any penalties applicable under the Brown Act, violation of these confidentiality rules may be punishable by resolution of the Council censoring the person or persons responsible for the disclosure.
Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies. The Council is the overall policy body and holds the City Manager responsible for the administration of the City departments.
The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and approval by the City Manager.
2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.
3. The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise the City Manager as early as possible before a City Council meeting so that staff can meet their needs.
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Packet Pg. 597 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
4. Council will not attempt to coerce or direct staff in the performance of their duties.
5. Staff reports should be provided to the City Council as early as possible before a meeting but no later than Friday before the next City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council.
6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.
7. Any concerns by a Councilmember over the performance of a City employee should be discussed privately with the City Manager. City Councilmembers should not engage in personal attacks on staff in public.
Section 11. ADMINISTRATIVE MATTERS
1. The full Agenda Packet is made available in print format at City Hall and at Council Chambers during the meeting.
2. Study sessions and closed sessions will be scheduled before City Council meetings as needed. Whenever feasible, the City Council will receive seven (7) days’ notice of the scheduling of a study session or closed session.
3. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.
4. An individual Councilmember may agendize an item for a City Council meeting by contacting the City Manager. Items that may require less than two hours of staff time to prepare for Council consideration can be agendized for Council consideration and decision. Items that may require more than two hours of staff time to prepare for Council consideration will first be agendized for discussion and Council direction on next steps. Requests from Councilmembers to place an item on the agenda shall be made to the City Manager a minimum of ten (10) days before the next City Council meeting, except for items where the Mayor and City Manager have determined a time urgency exists.
5. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council.
The Councilmember must fairly and objectively represent the majority views of the City Council even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the City Manager of planned attendance at meetings where possible City issues could be discussed even if
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Packet Pg. 598 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules & attending as a private citizen in order to avoid the inadvertent attendance of a majority of the Council in violation of the Brown Act.
6. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt and distributed to the City Council. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers. Councilmembers may ask the Mayor or City Manager to respond to such a letter.
If Councilmembers receive an email addressed to them individually and they feel the email is of general interest to the Council, the Councilmember may forward the email to “[email protected]” to be considered with the written record of public comments for a City Council meeting or forward to the City Manager and ask the City Manager to respond to the email.
7. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.
8. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote.
9. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.
10. If the Mayor is not available to represent the Council at a community event or meeting, the Vice Mayor or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.
11. Any Councilmember who is unable to attend a committee meeting for which they are the designated Council liaison must notify the alternate to that committee prior to the meeting.
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Packet Pg. 599 Attachment: Exhibit A: City Council Rules and Code of Ethics proposed update 8-25-2025 (Clean) (6013 : Resolution - Amend Council Rules &
CITY OF PACIFICA
ADMINISTRATIVE POLICY
No. 1
CITY COUNCIL AGENDA FORMAT AND PROCESS
DATES REVISED:
August 25, 2025
(proposed)
October 11, 2021
March 14, 2005
PURPOSE
The purpose of this policy is to outline the specific format, procedure, and process to be followed for the scheduling, preparation, and distribution of City Council agendas.
POLICY
It is the policy of City staff to provide the Council with clear and comprehensive written information in a timely manner on all items scheduled for consideration on the Council agenda.
Staff agenda reports, which become a permanent official City record, shall be written to include all information or data relevant for Council determination of appropriate action. The City Manager is responsible for directing the preparation and follow-up of the City Council agenda.
SCHEDULING
To accomplish all of the normal business scheduled for Council meetings, it is important to manage the flow of items to be considered in order to effectively utilize the time available at each meeting. In addition, it is of benefit to the Council and the public to be able to forecast with reasonable accuracy those meetings wherein certain items of significance or concern, such as hearings or appeals, are tentatively scheduled. Accordingly, the City Manager’s Office shall maintain and update a Council Agenda Calendar covering a three month period. Department Directors should notify the City Manager’s Office of items they intend to place on the Council agenda. If an agenda date is filled to reasonable capacity, then subsequent items will be scheduled for the next available meeting. The City Manager’s Office will notify the Council at regular intervals of the schedule of upcoming agenda items or special forums.
An individual Councilmember may request to schedule an item for a City Council meeting by contacting the City Manager in accordance with the City Council Rules and Code of Ethics.
COUNCIL AGENDA FORMAT
Order of Business:
The business of all regular meetings of the city Council shall normally be transacted in the following order unless changed by the Councilmembers present at the meeting, or unless a special forum session is held:
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Packet Pg. 600 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
AP #1 City Council Agenda Format and Process 2
A. Opening and Ceremonial Matters
1) Call to Order and Roll Call
2) Reading of Land Acknowledgement
3) Salute to the Flag
4) Order of Agenda
7) Special Presentations (including Commendations and Proclamations) B. Consent Calendar
1) Approval of Disbursements
2) Approval of Minutes
3) Other items that are less significant administrative items or that do not warrant further Council discussion
The Consent Calendar shall be administered as set forth in the City Council Rules and Code of Ethics.
C. Public Comment on Items Not on the Posted Agenda
This portion of the agenda is available to the public to address the City Council on any issue that is not on the Council agenda. The maximum time allowed for any speaker is three (3) minutes.
D. Public Hearings / Appeals
This portion of the agenda is provided for scheduled public hearings on appeals to City Council and/or agenda items that are either required by State law, City municipal codes, or set by the City Council. All required notices and mailings for hearings or appeals shall be handled by the affected department.
E. Council Consideration
This portion of the agenda is provided for Council review of all items which are not public hearings or appeals, but require Council discussion and action. This can include staff reports, contracts, communications from boards and commissions, ordinances and resolutions, or special Council correspondence.
F. Council Communications
The portion of the agenda for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings, in the manner described in the City Council Rules and Code of Ethics.
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Packet Pg. 601 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
AP #1 City Council Agenda Format and Process 3
G. Staff Communications
This portion of the agenda is provided for City Staff through the City Manager to briefly address items of general interest to the City Council and/or the community.
H. Adjournment
PROCEDURE
A. The City Council has regular scheduled meetings on the second and fourth Mondays of each month.
B. The City Manager must be notified by City staff of all items to be placed on the agenda at the staff meeting prior to the Council meeting.
C. A tentative Council agenda planner will be prepared and forwarded to the City Manager, City Attorney, and Department Directors in conjunction with the Executive staff meeting. If any member of City has an item to add, modify, or delete on the tentative agenda planner, the City Manager and City Clerk should be notified of the update in conjunction with the Executive staff meeting.
D. Agenda Packets for regular City Council meetings are typically published on the Wednesday prior to the City Council meeting. All staff agenda summary reports, attachments, and related informational items for the Council agenda shall be finalized in the Agenda Management system and forwarded to the City Manager for final review and approval by 5:00 p.m. on the Wednesday one week prior to the Agenda publication date, unless an exception has been arranged with the City Manager. All contracts, leases, legal agreements, etc., should be submitted for review by the City Attorney prior to scheduling the item for the Council agenda. All agenda items requiring an appropriation of funds must be reviewed by the City Finance and Administrative Services Director. All Council agenda summary reports shall follow the report format outlined in this policy.
E. The City Manager shall review the agenda summary reports and coordinate the completion of the agenda packets. The agenda packets shall be distributed to the City Council, City Attorney, departments, and made available to the public by Thursday morning prior to the City Council meeting. Copies are kept on file for public inspection at City Hall, posted on the City’s website and the Council Chambers during the Council meeting.
F. Following each Council meeting, the City Manager’s Office may prepare an agenda summary for distribution to staff. Department Directors must ensure that appropriate action is taken on those items or subjects relating to their department. Questions regarding clarification of Council directions should be addressed to the City Manager.
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Packet Pg. 602 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
AP #1 City Council Agenda Format and Process 4
COUNCIL AGENDA SUMMARY REPORT FORMAT
All Council agenda summary reports should be prepared in the format shown as Exhibit A.
STAFF REPORTS TO COUNCIL ON COMMISSION ACTIONS
There will be occasions when City staff will be required to prepare an agenda summary report on either a Commission action or appeal for City Council review. In preparation of such a report the staff member should present both the staff position and the Commission position. It is important that the staff member present staff’s position and findings on the issue, regardless of whether it is the same as that of the Commission.
WRITTEN CORRESPONDENCE TO CITY COUNCIL
All written communications or correspondence to the Mayor and/or City Council shall initially be directed to the City Manager to determine if information from staff is necessary to respond to the item. If the correspondence item does not require information from staff and the item would be of interest to Council, the City Manager shall immediately forward copies of the correspondence item to all Councilmembers.
If the correspondence item requires information from staff, it will be forwarded to the appropriate department for response which should be provided within five days. If the item can be handled adequately from the staff response, a copy of the written communication and staff response will then be forwarded to all Councilmembers, as deemed appropriate by the City Manager.
If a correspondence item requires a decision from the City Council, the item will be forwarded to all Council members with staff information if necessary. The Mayor will review such items with the City Manager and determine if they should be placed on the regular Council agenda.
Any member of the City Council may also request any item of correspondence to be placed on the Council agenda in accordance with the process outlined in the City Council Rules and Code of Ethics to agendize an item for a City Council meeting.
Items of correspondence that are related to a Council agenda packet and staff report received for the City Council meeting in accordance with the instructions in the City Council Agenda shall be compiled by the City Clerk’s Office and provided to all Councilmembers, City Manager, Department Directors and posted to the City’s website for public access prior to the start of the meeting. This obligation does not apply to correspondence that involve copies of a form letter or other similar written item.
Any questions concerning the disposition of a correspondence item should be reviewed by the City Manager.
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Packet Pg. 603 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
AP #1 City Council Agenda Format and Process 5
EXHIBIT A
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
(Date of Council meeting at which item is to be scheduled) Agenda Item No__________
(Leave Bank)
SUBJECT:
Concise title of item for discussion as it is to be listed on the final agenda. Indicate if it is a public hearing.
RECOMMENDED ACTION:
Indicate specific action recommended to Council for this matter and include the proposed Council motion required, including any actions relating to the California Environmental Quality Act (CEQA). The City Attorney should be consulted for proper wording, if in doubt.
STAFF CONTACT:
Staff Contact Name, Title
Staff Contact Phone Number XXX-XXX-XXXX
Staff Contact Email Address.
BACKGROUND/DISCUSSION:
Description of the general background or history of item for discussion. Discussion of (a) definition of the evaluation of issue, and (b) analysis and determination based upon the alternatives examined.
ALTERNATIVE ACTION:
If applicable, brief statement of alternative actions / options to the recommended action.
ENVIRONMENTAL REVIEW:
Specify whether item would be considered “project” pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378. If a “project,” explain appropriate level of environmental review (i.e., if the project is exempt, subject to a negative declaration/mitigated negative declaration, or environmental impact report. The City Attorney should be consulted if there are any questions/concerns.
RELATION TO CITY COUNCIL GOALS AND STRATEGIC PLAN:
Select and/or describe the City Council Strategic Plan, Goal or Work Plan Item which relates to or is fulfilled by this agenda item or Council action.
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Packet Pg. 604 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
AP #1 City Council Agenda Format and Process 6
FISCAL IMPACT:
Estimate of direct and indirect cost to the City if recommendation is approved. Special note should be made of future City maintenance costs associated with recommendations.
ORIGINATED BY:
Department or Commission
ATTACHMENT LIST:
List various documents pertinent to the subject in the proper order:
Attachment A: [Document Description / Title]
Attachment B: [Document Description / Title]
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Packet Pg. 605 Attachment: Exhibit B: Administrative Policy No. 1 – City Council Agenda Format and Process – proposed update 8-25-2025 (Clean) (6013 :
CITY COUNCIL RULES
AND CODE OF ETHICS
Revised January 2023 Revision August
25, 2025 (proposed)
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Packet Pg. 606 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and Table of Contents
Section 1. GENERAL RULES ............................................................................................................................................ 5 Section 2. OPERATION OF CITY COUNCIL MEETINGS ..................................................................................................... 5
1. Regular City Council meetings. .............................................................................................................................. 5
2. Time Limit on Comments by the Public. ................................................................................................................ 5
3. Public Comments on Items Not on the Posted Agenda. ........................................................................................ 5
4. Addressing the Council on Regular Agenda Items. ................................................................................................ 7
5. Public Hearings – Appeals. ..................................................................................................................................... 7 Section 3. PUBLIC DECORUM ......................................................................................................................................... 7 Section 4. CITY COUNCIL DECORUM .............................................................................................................................. 8 Section 5. ORDER OF THE AGENDA ................................................................................................................................ 9 Section 6. REGULAR AGENDA ITEMS ............................................................................................................................. 9
1. Special Presentations. ............................................................................................................................................ 9
2. Consent Calendar. .................................................................................................................................................. 9
3. Public Comments on Items Not on the Posted Agenda. ...................................................................................... 10
4. Council Communications. .................................................................................................................................... 10
5. Council Considerations. ....................................................................................................................................... 10 Section 7. DELIBERATION AND VOTING ....................................................................................................................... 10
1. Order of Deliberation. .......................................................................................................................................... 10
2. Expression of Council Viewpoints. ....................................................................................................................... 11
3. Call for Staff Report and Council Questions. ........................................................................................................ 11
4. Council Deliberations. .......................................................................................................................................... 11
5. Speaking Audibly. ................................................................................................................................................. 11
6. Mayor’s Rights and Privileges. ............................................................................................................................. 11
7. Division of a motion. ............................................................................................................................................ 11
8. Withdrawal of motion. ......................................................................................................................................... 11
9. Correction of vote. ............................................................................................................................................... 11
10. Voting. .................................................................................................................................................................. 12
11. Silence constitutes affirmative vote. ................................................................................................................... 12
12. Abstention from vote. .......................................................................................................................................... 12
13. Not participating. ................................................................................................................................................. 12
14. Tie votes. .............................................................................................................................................................. 12
15. Motion to reconsider. .......................................................................................................................................... 12
16. Appeal from the decision of Mayor. .................................................................................................................... 13
17. Getting the floor. ................................................................................................................................................. 13
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Packet Pg. 607 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and
18. Interruptions. ....................................................................................................................................................... 13
19. Secret Ballot. ........................................................................................................................................................ 13 Section 8. MOTIONS .................................................................................................................................................... 13
1. Statement of Motion. .......................................................................................................................................... 13
2. Motions defined................................................................................................................................................... 13 A. The main motion. ............................................................................................................................................ 13 B. Fix the time to which to adjourn the meeting to another date. ..................................................................... 14 C. Motion to raise a question of personal privilege. ........................................................................................... 14 D. Motion to lay on the table. .............................................................................................................................. 14 E. Motion to call the question. ............................................................................................................................ 14 F. Motion to continue to a certain time. ............................................................................................................. 14 G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee. ............... 14 H. Motion to amend or substitute. ...................................................................................................................... 14 Section 9. CLOSED SESSIONS........................................................................................................................................ 15
1. Purpose. ............................................................................................................................................................... 15
2. Rule of Confidentiality. ........................................................................................................................................ 15
3. Breach of Confidentiality. .................................................................................................................................... 15
4. Permissible Topics. ............................................................................................................................................... 16
5. Scheduling Closed Sessions. ................................................................................................................................. 16
6. Persons Permitted to Attend. .............................................................................................................................. 16
7. Rules of Decorum. ................................................................................................................................................ 16
8. Penalties............................................................................................................................................................... 16 Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF ......................................................................................... 16 Section 11. ADMINISTRATIVE MATTERS ........................................................................................................................ 17
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Packet Pg. 608 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and
WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and
WHEREAS, established standards by an adopted City Council Rules and Code of Ethics provides an understanding for the members of the community for expectations of the roles and responsibilities of members of the City Council and standards for conducting City Council meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.
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Packet Pg. 609 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and
CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES
The rules will be equally applicable to regular and special meetings of the City Council. Any act that the Mayor is authorized to perform may be performed by the Vice Mayor pro Tem in the Mayor’s absence.
Section 2. OPERATION OF CITY COUNCIL MEETINGS
1. Regular City Council meetings.
Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 7:006:00 p.m. Meetings will conclude by 11:00 P.M unless a super-majority of Councilmembers present vote to extend the time of the meeting. The Council, beginning at 10:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a super-majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so. All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additional recesses may be called as needed.
2. Time Limit on Comments by the Public.
In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business, there will be a three-minute limitation on comments by the public unless otherwise approved by a majority of the Council. In order to effectively enforce this rule, the Mayor will monitor the time for each speaker and inform the Council when the three-minute limitation has been reached. The Mayor will strictly enforce the three-minute time limit. Persons representing organizations or groups of persons may be granted additional time upon consent of a majority of the Council. Individual speakers may not use the three-minute allocation of other persons. Individual speakers may not speak twice on the same item.
3. Public Comments on Items Not on the Posted Agenda.
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Packet Pg. 610 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and A. There will be an opportunity for Public Comments on Items Not on the Posted Agenda on each regular City Council agenda.
B. Any person wishing to address the Council shall be recognized by the Mayor during Public Comments, provided, however, that during the “Public Comments on Items Not on the Posted Agenda” portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Public Comments.
C. The Mayor will state at the beginning of each meeting the Council ’s policy regarding the three-minute limitation on comments by the public. The Mayor, or staff assigned to time-keeping, will announce when the three minutes have expired. The Mayor may adjust the time allotted per speaker, with consent of a majority of the Council, based on the estimated number of speakers requesting to comment during Public Comments.
D. Management of Public Comments: The cards requesting to speak during Public Comments will be received by the Mayor. There may also be an option for members of the public to comment via phone or call-queue. The order in which speakers are called upon will be determined by the Mayor in his or her sole discretion. The Mayor may seek the assistance of the Vice Mayor with meeting management, including managing speaker cards for public comment.
E. Citizens who anticipate their public comment may exceed three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the date of the City Council meeting or by any submission deadline otherwise specified in the meeting Agenda. Written comments received by the specified deadline will be distributed to the Council and posted on the City’s website prior to the meeting. All written comments that are submitted after the specified deadline, will be made part of the public record for that particular agenda item.
F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.
G. If there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that the speakers assist the Council in having the Council meeting proceed efficiently. To that end, the Mayor may request that a spokesperson be designated to represent an organization or group
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Packet Pg. 611 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and and may request that other speakers in the group limit their comments to indicating their agreement with the spokesperson. A show of hands may also be requested.
H. In order to comply with the Brown Act, no action can be taken on items raised under the “Public Comments on Items Not on the Posted Agenda” section of the agenda for Regular Meetings. Upon conclusion of “Public Comments on Items Not on the Posted Agenda”, City Councilmembers may briefly respond to statements or may ask a question for clarification, refer the matter to staff, or request staff to report back to the Council at a subsequent meeting.
4. Addressing the Council on Regular Agenda Items.
A. Time limits for individuals. Persons wishing to address the Council are requested to give their name for the record and, unless further time is granted by the City Council, their remarks shall not exceed three minutes or the limit imposed at the Mayor’s discretion with consent of a majority of the Council.
B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.
C. Addressing the Council after the time for public input has closed. After the Mayor has closed the public comment period or public hearing and Council has commenced deliberation on an item, no person shall address the Council without first securing the permission of the Mayor to do so, subject to approval of the City Attorney with respect to any hearing required by law. During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing after securing the permission of the Mayor to do so.
5. Public Hearings – Appeals.
A. In the case of a hearing required by law, applicants or their agents and appellants should generally be given up to ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.
Section 3. PUBLIC DECORUM
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1. Councilmembers will address the public and staff in a courteous manner.
2. It is the policy of the Council that all members of the public have the right to address the Council including the right to make remarks that members of the City Council may find critical, unpleasant or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits, not disrupt the conduct of the meeting, and not make threats against any person or the public order.
3. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95. Prior to any removal, the Mayor or their designee, shall confirm with the City Attorney that removal of an individual is appropriate.
Section 4. CITY COUNCIL DECORUM
1. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings in interactions between and among Councilmembers, from Councilmembers towards the public and staff, and from the public towards Councilmembers and staff.
2. The Mayor will use his or her discretion to encourage Councilmembers and public to abide by these rules. Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.
3. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of public input, the Mayor may then provide the Council or staff with the opportunity to correct such statements if any City Councilmember wishes.
4. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible to assure the openness that is required to carry out the Council’s community responsibility.
5. There will be no “grandstanding” on any issue. “Grandstanding” is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting
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Packet Pg. 613 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body; purposely misstating the facts of an issue for political purposes; or monopolizing discussion time in a manner that does not facilitate or further deliberation, general understanding or bring the issue to a conclusive decision.
6. If a Councilmember requires more information on a specific agenda item, Councilmembers are encouraged to direct specific questions to staff through the City Manager prior to the meeting. Staff, as directed by the City Manager, will make all reasonable efforts to research questions posed prior to the meeting and provide clarifying information to Councilmembers.
7. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.
Section 5. ORDER OF THE AGENDA
1. Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.
Section 6. REGULAR AGENDA ITEMS
1. Special Presentations.
Ceremonial items such as commendations, proclamations and special presentations, if any, will be handled prior to consideration of Consent Calendar items pursuant to the City of Pacifica Administrative Policy No. 1 as stated in the Council Agenda Format – Order of Business. There should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.
2. Consent Calendar.
Items may be placed upon the “Consent Calendar” by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The “Consent Calendar” shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue
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Packet Pg. 614 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and prior to voting on the “Consent Calendar” and there may be brief Council discussion of an item without the need to remove any items off of consent. If further discussion or debate is desired, any Councilmember may request that an individual item be removed from the “Consent Calendar” in which case the item shall be considered on the regular agenda immediately after the “Consent Calendar” unless otherwise determined by the Council. Any Councilmember may request that such member’s vote be recorded as other than yes on any individual item without having to remove the same from the “Consent Calendar.”
All items on the “Consent Calendar” will have staff reports sufficient to adequately inform the public of the nature of the items on the “Consent Calendar.”
3. Public Comments on Items Not on the Posted Agenda.
The purpose of “Public Comments on Items Not on the Posted Agenda” is for any member of the public to address the City Council on any issue that is not on the Agenda. See Section 2-3 for management of “Public Comments on Items Not on the Posted Agenda.”
4. Council Communications.
The purpose of “Council Communications” is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
City Councilmembers should generally adhere to a three-minute time limit for “Council Communications” unless additional time is granted by a majority of the City Council.
5. Council Considerations.
Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings. The remainder of items for Council consideration shall be heard after Public Hearings.
Section 7. DELIBERATION AND VOTING
1. Order of Deliberation.
The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on. In the event the Mayor cannot determine the order of the lights the Mayor will grant the floor from the left side of the dais to the right. The Vice Mayor pro Tem will monitor the lights and assist the Mayor in setting the order of deliberation and making sure the speaker cards are in proper order.
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2. Expression of Council Viewpoints.
It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.
3. Call for Staff Report and Council Questions.
When an agenda item is called, the Mayor will call for a staff report. After the staff report, the City Councilmembers may ask staff brief questions to clarify facts, but should not engage in discussion or debate of the issue prior to public input.
4. Council Deliberations.
At the conclusion of public input and during City Council deliberations, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.
5. Speaking Audibly.
The Council shall discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.
6. Mayor’s Rights and Privileges.
The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken. The Mayor may move, second and discuss from the chair, subject only to these rules.
7. Division of a motion.
If a motion contains two or more divisible parts, each of which is capable of standing as a complete motion, the Mayor may, and upon request of a member shall, divide the same.
8. Withdrawal of motion.
A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.
9. Correction of vote.
Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.
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10. Voting.
On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.
11. Silence constitutes affirmative vote.
Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Councilmembers have stated in advance they will not be voting.
12. Abstention from vote.
An abstention for reasons of legal disqualification to vote shall not be counted for any purpose. Non-legal abstentions for personal reasons (such as friendship or appearance) shall not count for any purpose other than a quorum.
13. Not participating.
A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote, unless required by the Rule of Necessity 1
.
14. Tie votes.
Tie votes generally mean that no action has been taken on a matter. In the case of an appeal or a land use decision, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting unless the matter involves an appeal or a land use decision or the City Attorney opines is not legally allowed.
15. Motion to reconsider.
A motion to reconsider any action taken by the Council may be made only during the meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time during the meeting and shall have precedence over all other motions. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion.
Nothing in this section would preclude a Councilmember from bringing an item back to consider at a future Council meeting as a new agenda item. 1 Government Code section 83112; FPPC Regulation 18705.
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16. Appeal from the decision of Mayor.
The Mayor shall decide all questions of debate and voting procedure. Any procedural decision or ruling of the Mayor may be appealed by any Councilmember to the whole Council and a final decision on the ruling by the Mayor will be determined by majority vote of the Council. If the councilmember appeal fails or results in a tie vote, the Mayor’s ruling shall stand. If said vote passes, the decision or ruling of the Mayor is reversed.
In addition, prior to making an initial ruling on any procedural matter, the Mayor may submit the question to the Council in the first instance, in which case a majority vote shall prevail.
17. Getting the floor.
Every Councilmember desiring to speak shall push the debate button and, upon recognition by the Mayor, every Councilmember shall be confined to the question under debate, avoiding disrespectful remarks or body language.
18. Interruptions.
Except for being called to order, a Councilmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Councilmember called to order while speaking shall cease speaking until the question or order is determined, and if in order, said Councilmember shall be permitted to proceed.
19. Secret Ballot.
There shall be no voting by secret ballot.
Section 8. MOTIONS
1. Statement of Motion.
The Mayor shall ensure that all motions are clearly stated before allowing debate to begin and also immediately before a vote is taken. The Mayor may request a City Councilmember to restate a motion for clarification, may restate the motion or direct staff to restate the motion.
2. Motions defined.
The following motions may be made by the City Council:
A. The main motion.
A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable.
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Packet Pg. 618 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and B. Fix the time to which to adjourn the meeting to another date.
A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
C. Motion to raise a question of personal privilege.
The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable.
D. Motion to lay on the table.
The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter may be taken from the table at any time prior to the end of the meeting. Any Councilmember can agendize the subject of a tabled matter for a later City Council meeting.
E. Motion to call the question.
The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable.
It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting.
F. Motion to continue to a certain time.
A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set. Purpose is to continue the matter to another specified time.
G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee.
A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated.
H. Motion to amend or substitute.
A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is
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Packet Pg. 619 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and debatable. A motion to amend an amendment is also in order. An amendment can modify a motion but should not raise an entirely different or independent question. An amendment must be relevant to the main motion.
Section 9. CLOSED SESSIONS
1. Purpose.
It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, the City Council recognizes that, in certain limited circumstances, public discussion jeopardizes the public interest, compromises the City’s position, and could cost the taxpayers of Pacifica a significant amount of money. Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.
2. Rule of Confidentiality.
The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.
In accordance with the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised.
No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council or otherwise required by law.
3. Breach of Confidentiality.
No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session except where specifically authorized by these rules. Any authorized disclosure will be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality and subject to penalties as described in Item 8 below.
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4. Permissible Topics.
All closed sessions will be held in strict compliance with the Brown Act.
5. Scheduling Closed Sessions.
Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by the City Attorney or by the City Manager.
6. Persons Permitted to Attend.
The City Council, City Manager and City Attorney, or their designees, may attend closed sessions unless it is necessary to excuse them for conflict of interest. Only such additional staff or attorneys shall attend as are necessary. The department head whose department is most directly affected by the topic of the closed session may also attend.
7. Rules of Decorum.
The same high standard of respect and decorum as applied to regular meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable that it is safe to express their points of view.
All Councilmembers have the right to insist upon strict adherence to this rule.
8. Penalties.
In addition to any penalties applicable under the Brown Act, violation of these confidentiality rules may be punishable by resolution of the Council censoring the person or persons responsible for the disclosure.
Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies. The Council is the overall policy body and holds the City Manager responsible for the administration of the City departments.
The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and approval by the City Manager.
2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.
3. The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise the City Manager as early as possible before a City Council meeting so that staff can meet their needs.
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4. Council will not attempt to coerce or direct staff in the performance of their duties.
5. Staff reports should be provided to the City Council as early as possible before a meeting but no later than Friday before the next City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council.
6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.
7. Any concerns by a Councilmember over the performance of a City employee should be discussed privately with the City Manager. City Councilmembers should not engage in personal attacks on staff in public.
Section 11. ADMINISTRATIVE MATTERS
1. The full Agenda Packet is made available in print format at City Hall and at Council Chambers during the meeting.
2. Study sessions and closed sessions will be scheduled before City Council meetings as needed. Whenever feasible, the City Council will receive seven (7) days’ notice of the scheduling of a study session or closed session.
3. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.
4. An individual Councilmember may agendize an item for a City Council meeting by contacting the City Manager. Items that may require less than two hours of staff time to prepare for Council consideration can be agendized for Council consideration and decision. Items that may require more than two hours of staff time to prepare for Council consideration will first be agendized for discussion and Council direction on next steps. Requests from Councilmembers to place an item on the agenda shall be made to the City Manager a minimum of ten (10) days before the next City Council meeting, except for items where the Mayor and City Manager have determined a time urgency exists.
5. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council.
The Councilmember must fairly and objectively represent the majority views of the City Council even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the City Manager of planned attendance at meetings where possible City issues could be discussed even if
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Packet Pg. 622 Attachment: Attachment C: City Council Rules and Code of Ethics (Redline) (6013 : Resolution - Amend Council Rules & Code of Ethics and attending as a private citizen in order to avoid the inadvertent attendance of a majority of the Council in violation of the Brown Act.
6. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt and distributed to the City Council. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers. Councilmembers may ask the Mayor or City Manager to respond to such a letter.
If Councilmembers receive an email addressed to them individually and they feel the email is of general interest to the Council, the Councilmember may forward the email to “[email protected]” to be considered with the written record of public comments for a City Council meeting or forward to the City Manager and ask the City Manager to respond to the email.
7. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.
8. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote.
9. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.
10. If the Mayor is not available to represent the Council at a community event or meeting, the Vice Mayor Pro Tem or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.
11. Any Councilmember who is unable to attend a committee meeting for which they are the designated Council liaison must notify the alternate to that committee prior to the meeting.
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CITY OF PACIFICA
ADMINISTRATIVE POLICY
No. 1
CITY COUNCIL AGENDA FORMAT AND PROCESS
DATES REVISED:
August 25, 2025
(proposed)
October 11, 2021
March 14, 2005
October 11, 2021
PURPOSE
The purpose of this policy is to outline the specific format, procedure, and process to be followed for the scheduling, preparation, and distribution of City Council agendas.
POLICY
It is the policy of City staff to provide the Council with clear and comprehensive written information in a timely manner on all items scheduled for consideration on the Council agenda.
Staff agenda reports, which become a permanent official City record, shall be written to include all information or data relevant for Council determination of appropriate action. The City Manager is responsible for directing the preparation and follow-up of the City Council agenda.
SCHEDULING
To accomplish all of the normal business scheduled for Council meetings, it is important to manage the flow of items to be considered in order to effectively utilize the time available at each meeting. In addition, it is of benefit to the Council and the public to be able to forecast with reasonable accuracy those meetings wherein certain items of significance or concern, such as hearings or appeals, are tentatively scheduled. Accordingly, the City Manager’s Office shall maintain and update a Council Agenda Calendar covering a three month period. Department Directors should notify the City Manager’s Office of items they intend to place on the Council agenda. If an agenda date is filled to reasonable capacity, then subsequent items will be scheduled for the next available meeting. The City Manager’s Office will notify the Council at regular intervals of the schedule of upcoming agenda items or special forums.
An individual Councilmember may request to schedule an item for a City Council meeting by contacting the City Manager with the request. The item will automatically be placed on the next available Council meeting agendain accordance with the City Council Rules and Code of Ethics.
COUNCIL AGENDA FORMAT
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Order of Business:
The business of all regular meetings of the city Council shall normally be transacted in the following order unless changed by the Council members present at the meeting, or unless a special forum session is held:
A. Opening and Ceremonial Matters
1) Call to Order and Roll Call
2) Reading of Land Acknowledgement
3) Salute to the Flag
4) Order of Agenda
5) Designation of Commission Liaison
6) Commendations and Proclamations
7) Special Presentations (including Commendations and Proclamations) B. Consent Calendar
1) Approval of Warrant ListDisbursements
2) Approval of Minutes
3) Other items that are less significant administrative items or that do not warrant further Council discussion
Members of the City Council having questions on Consent Calendar items are encouraged to contact staff prior to the Council meeting. Council members should pull items off Consent Calendar to place on Council Consideration if significant discussion of the items is desiredThe Consent Calendar shall be administered as set forth in the City Council Rules and Code of Ethics.
C. Council Communications
This portion of the agenda is provided for Council to discuss or bring up matters not on the agenda.
CD. Oral CommunicationsPublic Comment on Items Not on the Posted Agenda This portion of the agenda is available to the public to address the City Council on any issue that is not on the Council agenda. The maximum time allowed for any speaker is three (3) minutes.
DE. Public Hearings / Appeals
This portion of the agenda is provided for scheduled public hearings on appeals to City Council and/or agenda items that are either required by State law, City municipal codes, or set by the City Council. All required notices and mailings for hearings or appeals shall be handled by the affected department.
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Packet Pg. 625 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend AP #1 City Council Agenda Format and Process 3
F. Appeals
This portion of the agenda is provided for appeals of staff or commission decisions. All required notices and mailings for appeals should be handled by the affected City department.
EG. Council Consideration
This portion of the agenda is provided for Council review of all items which are not public hearings or appeals, but required Council discussion and action. This can include staff reports, contracts, communications from boards and commissions, ordinances and resolutions, or special Council correspondence.
F. Council Communications
The portion of the agenda for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings, in the manner described in the City Council Rules and Code of Ethics.
G. Staff Communications
This portion of the agenda is provided for City Staff through the City Manager to briefly address items of general interest to the City Council and/or the community.
H. Adjournment
PROCEDURE
A. The City Council has regular scheduled meetings on the second and fourth Mondays of each month.
B. The City Manager must be notified by City staff of all items to be placed on the agenda at the staff meeting prior to the Council meeting. This staff meeting will normally be held about one and one-half weeks before the Council meeting.
C. A tentative Council agenda planner will be prepared and forwarded to the City CouncilManager, City Attorney, and Department Directors, and press on the Friday following in conjunction with the theExecutive staff meeting. If any member of the City Council or staff has an item to add, modify, or delete on the tentative agenda planner, the City Manager and City Clerk should be notified on the following Mondayf the update in conjunction with the Executive staff meeting.
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Packet Pg. 626 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend AP #1 City Council Agenda Format and Process 4
D. Agenda Packets for regular City Council meetings are typically published on the Wednesday prior to the City Council meeting. All staff agenda summary reports, attachments, and related informational items for the Council agenda shall be finalized in the Agenda Management system and forwarded to the City Manager for final review and approval’s office by 5:00 p.m. on the Tuesday Wednesday one week prior to the Agenda publication date, unless an exception has been arranged with the City Managerpreceding the Council meeting. All contracts, leases, legal agreements, etc., should be submitted for review by the City Attorney prior to scheduling the item for the Council agenda. All agenda items requiring an appropriation of funds must be reviewed by the City Finance and Administrative Servicesial Director. All Council agenda summary reports shall follow the report format outlined in this policy.
E. The City Manager shall review the agenda summary reports and coordinate the completion of the agenda packets. The agenda packets shall be distributed to the City Council, City Attorney, departments, and made available to the press and public by Thursday morning prior to the City Council meeting. Copies are kept on file for public inspection in the City Manager’s Office and two public librariesat City Hall, posted on the City’s website and the Council Chambers bulletin board during the Council meeting.
F. Following each Council meeting, the City Manager’s Office will may prepare an agenda summary for distribution to staff and the public. The summary will normally be the only follow-up provided to Department Directors. Department Directors must ensure that appropriate action is taken on those items or subjects relating to their department.
Questions regarding clarification of Council directions should be addressed to the City Manager. Copies of correspondence or other material pertaining to follow-up action on agenda items or Council direction should, in turn, be sent to the City Manager’s Office to complete permanent files.
COUNCIL AGENDA SUMMARY REPORT FORMAT
All Council agenda summary reports should be prepared in the format shown as Exhibit A.
STAFF REPORTS TO COUNCIL ON COMMISSION ACTIONS
There will be occasions when City staff will be required to prepare an agenda summary report on either a Commission action or appeal for City Council review. In preparation of such a report the staff member should present both the staff position and the Commission position. The position of Commission members not voting in the majority on an item should also be presented in the staff report if indicated by the Commission member. It is important that the staff member present staff’s position and findings on the issue, regardless of whether it is the same as that of the Commission.
WRITTEN CORRESPONDENCE TO CITY COUNCIL
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Packet Pg. 627 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend AP #1 City Council Agenda Format and Process 5
All written communications or correspondence to the Mayor and/or City Council shall initially be directed to the City Manager to determine if information from staff is necessary to respond to the item. If the correspondence item does not require information from staff and the item would be of interest to Council, the City Mmanager shall immediately forward copies of the correspondence item to all Council members.
If the correspondence item requires information from staff, it will be forwarded to the appropriate department for response which should be provided within five days. If the item can be handled adequately from the staff response, a copy of the written communication and staff response will then be forwarded to all Council members, as deemed appropriate by the City Manager.
If a correspondence item requires a decision from the City Council, the item will be forwarded to all Council members with staff information if necessary. The Mayor will review such items with the City Manager and determine if they should be placed on the regular Council agenda.
Any member of the City Council may also request any item of correspondence to be placed on the Council agenda in accordance with the process outlined in the City Council Rules and Code of Ethics to agendize an item for a City Council meeting.
Items of correspondence that are related to a Council agenda packet and staff report unless they are numerous copies of a form letter or other similar written itemreceived for the City Council meeting in accordance with the instructions in the City Council Agenda shall be compiled by the City Clerk’s Office and provided to all Councilmembers, City Manager, Department Directors and posted to the City’s website for public access prior to the start of the meeting. This obligation does not apply to correspondence that involve copies of a form letter or other similar written item.
Any questions concerning the disposition of a correspondence item should be reviewed by the City ManagerMayor.
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Packet Pg. 628 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend AP #1 City Council Agenda Format and Process 6
EXHIBIT A
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
(Date of Council meeting at which item is to be scheduled) Agenda Item No__________
(Leave Bank)
SUBJECT:
Concise title of item for discussion as it is to be listed on the final agenda. Indicate if it is a public hearing.
RECOMMENDED ACTION:
Indicate specific action recommended to Council for this matter and include the proposed Council motion required, including any actions relating to the California Environmental Quality Act (CEQA). The City Attorney should be consulted for proper wording, if in doubt.
ORIGINATED BY:
Department or Commission
STAFF CONTACT:
Staff Contact Name, Title
Staff Contact Phone Number XXX-XXX-XXXX
Staff Contact Email Address.
BACKGROUND/DISCUSSION:
Description of the general background or history of item for discussion. Discussion of (a) definition of the evaluation of issue, and (b) analysis and determination based upon the alternatives examined.
ALTERNATIVE ACTION:
If applicable, brief statement of alternative actions / options to the recommended action.
ENVIRONMENTAL REVIEW:
Specify whether item would be considered “project” pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378. If a “project,” explain appropriate level of environmental review (i.e., if the project is exempt, subject to a negative declaration/mitigated negative declaration, or environmental impact report. The City Attorney should be consulted if there are any questions/concerns.
RELATION TO CITY COUNCIL GOALS AND STRATEGIC PLAN:
Select and/or describe the City Council Strategic Plan, Goal or Work Plan Item which relates to or is fulfilled by this agenda item or Council action.
FINANCIAL IMPACT OF RECOMMENDATIONFISCAL IMPACT:
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Packet Pg. 629 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend AP #1 City Council Agenda Format and Process 7
Estimate of direct and indirect cost to the City if recommendation is approved. Special note should be made of future City maintenance costs associated with recommendations.
RECOMMENDATION:
Brief statement of staff and/or Commission recommendation.
DOCUMENTS ATTACHED:
List various documents pertinent to the subject in the proper order. When an item is carried to a future meeting, this documentation should be carried forward to avoid repetitive duplication.
COUNCIL ACTION REQUESTED:
Indicate specific action available to Council for this matter and include the proposed Council motion required. The City Attorney should be consulted for proper wording if in doubt.
ORIGINATED BY:
Department or Commission
CITY MANAGER’S COMMENTS:
As determined necessary.
ATTACHMENT LIST:
List various documents pertinent to the subject in the proper order:
Attachment A: [Document Description / Title]
Attachment B: [Document Description / Title]
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Packet Pg. 630 Attachment: Attachment D: Administrative Policy No. 1 – City Council Agenda Format and Process (Redline) (6013 : Resolution - Amend
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/25/2025
1 SUBJECT:
Designation of Voting Delegate for League of California Cities Annual Conference RECOMMENDED ACTION:
Designate a voting delegate and alternate(s) who will attend the 2025 League of California Cities (CalCities) Annual Conference General Assembly Meeting on Friday, October 10, 2025.
STAFF CONTACT:
Sarah Coffey, City Clerk
(650) 738-7307
[email protected]
BACKGROUND/DISCUSSION:
Pacifica is a member of the League of California Cities (CalCities), an association based in Sacramento that represents the interests of California’s cities to the state legislature and provides cities with information on federal and state legislative and administrative affairs.
CalCities maintains a staff that assists cities in solving problems including reference and research services, publications, conferences, and seminars.
This year's League of California Cities Annual Conference is being held in person at the Long Beach Convention Center in Long Beach, CA from October 8 - 10, 2025. The attached July 16, 2025 correspondence regarding the CalCities 2025 Annual Conference indicates that Council action must be taken to designate a voting delegate and may appoint up to two alternates.
The General Assembly Meeting will be held on Friday, October 10, 2025, from 8:30 a.m. - 10:30 a.m. for consideration of resolutions. At this meeting the League membership considers and takes action on resolutions that establish League policy. Any Council member attending is eligible to be a delegate. Designating the voting delegate and alternate(s) must be done by City Council action and cannot be accomplished by individual action of Mayor or City Manager alone. City Council action must be taken and the designations submitted to the League of California Cities by September 24, 2025.
Following the Council's deliberation regarding the selection of a voting delegate and alternate(s), any Council member may make a motion to designate by name the voting delegate and up to two alternate(s) who will be attending the League of California Cities Annual Conference General Assembly meeting. The City Clerk will transmit the Voting Delegate / Alternate selections on the League of California Cities online submission portal as directed by Council.
FISCAL IMPACT:
None.
14 Packet Pg. 631
Pacifica City Council 2
August 25, 2025
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: 2025 League of CA Cities Annual Conference Voting Procedures and Delegate/Alternate Memo (PDF)
14 Packet Pg. 632
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 24, 2025
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Packet Pg. 633 Attachment: Attachment A: 2025 League of CA Cities Annual Conference Voting Procedures and Delegate/Alternate Memo (5996 : Designation For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
14.a
Packet Pg. 634 Attachment: Attachment A: 2025 League of CA Cities Annual Conference Voting Procedures and Delegate/Alternate Memo (5996 : Designation 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
14.a
Packet Pg. 635 Attachment: Attachment A: 2025 League of CA Cities Annual Conference Voting Procedures and Delegate/Alternate Memo (5996 : Designation Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
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Packet Pg. 636 Attachment: Attachment A: 2025 League of CA Cities Annual Conference Voting Procedures and Delegate/Alternate Memo (5996 : Designation