expire and not renew or if Tenant is in default on the date the Renewal Term is to commence, the Renewal Term shall not commence and this agreement shall expire at the end of the initial Term. If Tenant fails to give the Option Notice for any Renewal Term in a timely manner, Tenant shall lose the ability to exercise its option for renewal. The City Manager may, at his or her sole discretion, waive such failure to provide the Option Notice in a timely manner.”
b. Section 3-Rent and Reporting. Section 3, “Rent and Reporting” shall be amended to read as follows:
“A. Tenant shall pay to City Base Rent for the Premises at the rate of Four Thousand Five Hundred Sixty-Five Dollars ($4,565) (“Base Rent”) per year. Base Rent shall be paid in monthly installments of Three Hundred Eighty Dollars and 42 cents ($380.42) commencing on January 1, 2026 and on the first day of each calendar month thereafter. On January 1, 2027 (the “Adjustment Date”), and on each anniversary of the Adjustment Date, the Base Rent shall increase by two and one-half percent (2.50%).
B. On January 1, April 1, July 1 and October 1 of each calendar year, Tenant shall pay to City twenty five (25%) of all rents received by Tenant from sublessees for the preceding calendar quarter. For purposes of this provision, the term “rents” means money received by Tenant from sublessees for rental of the Premises. “Rents” does not include money received by Tenant for use of Tenant's personal property, including but not limited to, Tenant's sound system, piano, and sound engineer services. Tenant shall provide City with an accounting of each item of personal property for which Tenant received money for use of Tenant’s personal property and the amount received for the use of said personal property at the same time Tenant submits financial reports to the City pursuant to the requirements of section C.
C. Commencing upon January 1, 2026, Tenant shall submit semi-annual (six months) written financial reports by February 1 and August 1 of each calendar year to the City’s Finance Director in a format designated by the Finance Director. These reports shall include, at a minimum, a balance sheet and income statement, a separate accounting of ticket sales, income from sublessees, money received from sublessees for the use of Tenant’s personal property and costs and status reports of building maintenance expenditures incurred by Tenant and such other information as may be required by the Finance Director. City has the right to inspect, review and audit Tenant’s books and financial documents during City business hours.
D. Tenant shall provide annual written proof by December 31 of each calendar year to City of Tenant’s nonprofit status pursuant to Internal Revenue Code 26 U.S.C. Section 501(c)(3).
E. All payments due under this Agreement shall be made without demand, deduction or offset and shall be paid in cash, check or money order to the City of Pacifica, Attention: Finance Director, 170 Santa Maria Avenue, Pacifica, CA 94044.”
c. Section 4-Utilities. Section 4, “Utilities shall be amended to read as follows:
“Tenant agrees that Tenant shall be responsible for the payment, prior to delinquency, of electricity, water and sewer service utilities (“Utilities”) to the City. Tenant shall pay a fixed rate of Four Thousand Four Hundred Forty Dollars ($4,440) per year, in addition to the Base Rent (“Utility Payment”). The Utility Payment shall be paid in monthly installments of Three Commented [A1]: The monthly rent works out to 4 cents
more than 4,565.
4.a
Packet Pg. 155 Attachment: First Amendment to Lease - Pacifica Performances (6073 : First Amendment to Lease Agreement with Pacifica Performances) Page
3 of 5
Hundred Seventy Dollars ($370) commencing on January 1, 2026 and on the first day of each calendar month thereafter.
Tenant shall pay said Utility Payment at the same time and in the same manner as the Base Rent. All other utilities obtained directly by Tenant including but not limited to, internet, television cable, and telephone services, shall be Tenant's sole responsibility and shall be paid directly by Tenant to the utility provider.”
2. Miscellaneous.
2.1 The Lease and this First Amendment entered into between the parties set forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Under no circumstances shall Tenant be entitled to any rent abatement, improvement allowance, leasehold improvements, or other work to the Premises, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease, unless specifically set forth in this Amendment.
2.2 Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect. The capitalized terms used in this First Amendment shall have the same definitions as set forth in the Lease, to the extent that such capitalized terms are defined therein and not redefined in this First Amendment.
2.3 Submission of this First Amendment by the City is not an offer to enter into this First Amendment but rather is a solicitation for such an offer by Tenant. The City shall not be bound by this First Amendment until Landlord has executed and delivered the same to Tenant.
2.4 Tenant hereby represents to the City that Tenant has dealt with no broker in connection with this First Amendment. Tenant agrees to indemnify and hold City and the City Entities harmless from all claims of any brokers claiming to have represented Tenant in connection with this First Amendment.
2.5 This First Amendment and the Lease shall be construed as a whole in order to effectuate the intent of the parties to amend the Lease in the manner specified in this First Amendment. All provisions of the Lease that are affected by this First Amendment shall be deemed amended regardless of whether or not specified in this First Amendment. In the case of any inconsistency between the provisions of the Lease and this First Amendment, the provisions of this First Amendment shall govern and control.
2.6 Each signatory of this First Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting.
2.7 Pursuant to California Civil Code Section 1938, the City, as landlord, hereby notifies Tenant that as of the date of this First Amendment, the Premises have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether
4.a
Packet Pg. 156 Attachment: First Amendment to Lease - Pacifica Performances (6073 : First Amendment to Lease Agreement with Pacifica Performances) Page
4 of 5
the Premises meet all applicable construction-related accessibility standards under California Civil Code Section 55.53. Landlord hereby discloses pursuant to California Civil Code Section 1938 as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Landlord and Tenant hereby acknowledge and agree that in the event that Tenant elects to perform a CASp inspection of the Premises hereunder (the “Inspection”), such Inspection shall be (a) performed at Tenant’s sole cost and expense, (b) limited to the Premises and (c) performed by a CASp who has been approved or designated by Landlord prior to the Inspection. Any Inspection must be performed in a manner which minimizes the disruption of business activities on the Property, and at a time reasonably approved by Landlord. Landlord reserves the right to be present during the Inspection. Tenant agrees to: (i) promptly provide to Landlord a copy of the report or certification prepared by the CASp inspector upon request (the “Report”), (ii) keep the information contained in the Report confidential, except to the extent required by Law, or to the extent disclosure is needed in order to complete any necessary modifications or improvements required to comply with all applicable accessibility standards under state or federal Law, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Laws or accessibility requirements (the “Access Improvements”). Tenant shall be solely responsible for the cost of Access Improvements to the Premises or the Building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Law, which Access Improvements may, at Landlord’s option, be performed in whole or in part by Landlord at Tenant’s expense, payable as additional Rents within ten (10) days following Landlord’s demand.
2.8 This First Amendment may be executed in counterparts, which when taken together shall constitute one and the same instrument. The parties contemplate that they may be executing counterparts of this First Amendment and transmitting the signatures by facsimile or email. The parties agree and intend that a signature communicated by facsimile or email shall bind the party so signing with the same effect as though the signature were an original signature.
[Signatures on following page]
4.a
Packet Pg. 157 Attachment: First Amendment to Lease - Pacifica Performances (6073 : First Amendment to Lease Agreement with Pacifica Performances) Page
5 of 5
IN WITNESS WHEREOF, the City and Tenant have entered into and executed this First Amendment as of the Effective Date.
CITY:
CITY OF PACIFICA, a municipal corporation of
California
By:
Kevin Woodhouse, City Manager
Approved as to Form
By:
Michelle Marchetta Kenyon, City Attorney
Attest
By:
Sarah Coffey, City Clerk
TENANT:
PACIFICA PERFORMANCES, a California non-profit
corporation
By:
Its:
By:
Its:
4.a
Packet Pg. 158 Attachment: First Amendment to Lease - Pacifica Performances (6073 : First Amendment to Lease Agreement with Pacifica Performances)
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Agreement with Serra Yellow Cab for Senior Transportation Services (CaR Program) RECOMMENDED ACTION:
Adopt the Resolution authorizing the City Manager to execute the Agreement between the City of Pacifica and Serra Yellow Cab for the provision of senior transportation services under the City’s Connect-a-Ride (CaR) Program for the period of January 1, 2026 through December 31, 2027, in the amount of $140,000, and authorize the City Manager or designee to execute the Agreement and any related documents.
STAFF CONTACT:
Scott Leslie, Parks, Beaches and Recreation Director
(650) 446-4683
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica’s Parks, Beaches and Recreation Department administers the Senior Transportation Program (CaR), providing on-demand rides for qualified Pacifica residents aged 65 and older. The program improves mobility, independence, and access to essential destinations such as grocery stores, medical appointments, and community programs.
Since its inception in 2020, the City has contracted with Serra Yellow Cab to operate CaR services because of its reliable fleet, trained drivers, and ability to accommodate wheelchair and scooter users. The contract is exempt from the competitive pricing requirements outlined in the City’s Purchasing Policy because Serra Yellow Cab is the only local provider with the fleet capacity and operational resources to meet the City’s service needs. No other taxi company in the area can provide comparable coverage or responsiveness, making Serra Yellow Cab the only viable provider for these services. Below is a summary of the relevant terms of the proposed Agreement :
Scope of Services: Serra Yellow Cab will provide curb-to-curb transportation for eligible CaR participants within Pacifica, Colma BART, and medical facilities from Daly City to Burlingame.
Wheelchair and scooter-enabled vehicles are available on request.
Service Standards: Response times will be within 45 minutes for standard vehicles and within 60 minutes for wheelchair/scooter vehicles.
Cost and Payment: Riders pay the first $5 of each ride; the City pays the balance based on rates in Exhibit B. Rates include $25.10 plus 15 percent for standard rides and $40 plus 15 percent for wheelchair rides under five miles.
5 Packet Pg. 159
Pacifica City Council 2
November 24, 2025
Term: January 1, 2026 through December 31, 2027.
Maximum Compensation: Not-to-exceed $140,000 for the term of the Agreement.
Insurance and Liability: Serra Yellow Cab must maintain the insurance coverage outlined in proposed Agreement and indemnify the City against claims arising from performance of services.
This renewal ensures continued transportation support for Pacifica’s senior residents through a trusted vendor that meets service and safety standards.
ALTERNATIVE ACTION:
Staff could be directed to renegotiate specific terms with Serra Cab of Daly City, Inc.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This action advances the City Council’s goal of Fostering a Healthy and Compassionate Community by supporting access to essential services for older adults and residents with limited mobility. Reliable transportation reduces social isolation and improves overall well-being among Pacifica’s senior population.
ENVIRONMENTAL REVIEW:
Approval of the proposed Agreement with Serra Yellow Cab 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.
FISCAL IMPACT:
Funding for this agreement is available in Fund 28 (Parks, Beaches & Recreation Special Revenue Fund). The Agreement’s not-to-exceed amount of $140,000 covers all rides, administrative fees, and service costs for January 2026 through December 2027. Program expenses are minimally offset in part by the $5 rider co-pay and available grant reimbursements.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
Serra Cab Contract CaR 1.2026-12.2027 Agreement (DOCX)
5 Packet Pg. 160
Pacifica City Council 3
November 24, 2025
RESOLUTION NO. __-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SERRA YELLOW CAB TO PROVIDE SENIOR TRANSPORTATION SERVICES UNDER THE CITY’S CONNECT A RIDE (CAR) PROGRAM IN AN AMOUNT OF $140,000 THROUGH DECEMBER 31, 2027 WHEREAS, the City of Pacifica administers the Senior Connect a Ride (CaR) transportation program to provide safe and affordable transportation for residents aged 65 and older; and
WHEREAS, Serra Yellow Cab has the vehicles, trained drivers, and dispatch capacity to deliver on-demand curb-to-curb transportation, including wheelchair and scooter accommodation; and
WHEREAS, the Agreement would establish updated rates, insurance requirements, and a contract amount of $140,000 for services provided under the City’s CaR Program; and
WHEREAS, funding for these services is available in Fund 28 – Parks, Beaches & Recreation Special Revenue Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that:
1. The City Council hereby approves the Agreement between the City of Pacifica and Serra Yellow Cab for the provision of senior transportation services under the CaR Program for the term January 1, 2026 through December 31, 2027, in the amount of $140,000.
2. The City Manager is authorized to execute the Agreement and any related documents, and to make minor non-substantive amendments as needed in a form approved by the City Attorney to carry out the intent of this Resolution. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November, 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
5 Packet Pg. 161
Pacifica City Council 4
November 24, 2025
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 5 Packet Pg. 162
Pacifica City Council 5
November 24, 2025
ATTACHMENT A
5 Packet Pg. 163
4866-2656-6648 v1 - 1 -
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and SERRA YELLOW CAB OF DALY CITY, INC. a California 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 transportation services in connection with the City’s Connect-a-Ride (CaR) Program;
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 ___________ 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.
5.a
Packet Pg. 164 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 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") and provided to the CITY 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 $140,000 ("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 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
5.a
Packet Pg. 165 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 3 -
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 _______________.
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 ________________, its ________________, 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.
4.2. CONSULTANT Contact. CONSULTANT designates _____________ 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.a
Packet Pg. 166 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 4 -
5.1. Indemnification. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Pacifica, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Pacifica, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
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.
5.a
Packet Pg. 167 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 5 -
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 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 (crossliability endorsement);
5.a
Packet Pg. 168 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 6 -
• 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.
• 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: Senior Services Supervisor
540 Crespi Drive
Pacifica, CA 94404
5.a
Packet Pg. 169 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 7 -
Phone: (650) 420-3973
Email: [email protected]
If to CONSULTANT: Serra Yellow Cab / Attn: Talib Salamin 195 87th Street #D
Daly City, CA 94015
Phone: (650) 991-2345
Email: [email protected]
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.
5.a
Packet Pg. 170 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 8 -
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.
7.8. 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.
7.9. 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.
7.11 Entire Agreement. This Agreement, including Exhibits A, B and B1 comprise the entire Agreement.
[Signature on Next Page]
5.a
Packet Pg. 171 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 9 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
ATTEST:
________________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Talib Salamin, Owner Date
5.a
Packet Pg. 172 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1
EXHIBIT A
SCOPE OF WORK
The City of Pacifica Senior Transportation Program (CaR) provides limited on- demand transportation services for City of Pacifica residents aged 65+ who have been qualified for the program by City of Pacifica staff.
The CONSULTANT will be notified of eligible participants on an as- needed basis and prior to the rider’s initial call to obtain service from the contractor. The information that will be provided will include the name, Pacifica address, phone number of the patron, and whether or not the patron requires a specific type of assisted transportation.
Riders are eligible to take eight one-way trips to any destination within the cities of Pacifica, Colma Bart, Hospitals /medical centers, Dialysis centers between Daly City and Burlingame.
The CONSULTANT will provide curb-to-curb assistance with bags, packages, etc., upon request.
The CONSULTANT will provide transfer assistance to passengers needing assistance in and out of the vehicle upon request. The transfer assistance will be limited to cab to door and door to cab, excluding any stairs, and drivers will not carry any patrons.
The CONSULTANT will provide wheelchair and scooter-enabled vehicles upon request.
The CONSULTANT will secure the patron’s wheelchair or scooter to the vehicle.
CONSULTANT will respond to on-demand requests within 45 minutes of the call for standard vehicles and up to 60 minutes for wheelchair and scooter-equipped vehicles.
CONSULTANT will provide background and driving record checks on all employees with direct access to riders.
CONSULTANT will not make any extra stops on any ride. Patrons can bring as many passengers as the vehicle is licensed to carry.
5.a
Packet Pg. 173 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation 4866-2656-6648 v1 - 2 -
EXHIBIT B
Compensation
CONSULTANT will submit an itemized invoice to the CITY by the 20th of each month.
Invoices should be sent to:
Attn: Senior Transportation Program (CaR)
540 Crespi Drive
Pacifica CA, 94044
The CITY will send invoiced payment within 30 days of receipt of the invoice.
Payments should be sent to:
Serra Yellow Cab
Attn: Talib Salamin
195 87th Street #D
Daly City, CA 94015
Transportation rates will be charged at the following rates: $3.10 starting fee (flag drop), plus $3 per mile, plus 15% service fee. Any rides that are less than five miles will be charged the five mile ($25.10) rate. An additional $0.30 click charge will be incurred for trips slowed by excessive traffic or other uncontrollable circumstances. The senior patrons will pay the first $5.00 and the remaining fee will be paid by the City.
Prices inclusive of assisted ride or ride requiring mobility equipped vehicle (able to accommodate wheelchairs and scooters).
Senior patrons shall pay the first $5.00 and the remaining fee will be paid by the City.
The above-described rates are amended as follows for the time period specified below:
• Effective January 1, 2026 and through June 30, 2027, the standard rate ($23.10 plus 15%) shall increase to $25.10 plus a 15% service fee
• Effective January 1, 2026, and to June 30, 2027, the rate for wheelchair rides under 5 miles shall increase to $40.00 plus a 15% fee. Wheelchair rides over 5 miles shall increase to $40.00 plus $3.00 per mile plus a 15% service fee.
• Effective January 1, 2026 and through June 30, 2027, rides under 5 miles shall increase to $25.10 plus 15%. Rides over 5 miles shall increase to $25.10 plus $3.00 per mile and plus a 15% service fee.
• Traffic delays, stays, and waiting time shall remain at the rate of $.50 per minute.
All fees, taxes and services under this Agreement shall not exceed $140,000
5.a
Packet Pg. 174 Attachment: Serra Cab Contract CaR 1.2026-12.2027 Agreement (6064 : Resolution- Agreement with Serra Yellow Cab for Senior Transportation
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Amended and Restated Lease Agreement with the Art Guild of Pacifica for Use of the Sanchez Art Center
RECOMMENDED ACTION:
Adopt a Resolution Approving the Amended and Restated Lease Agreement between the City of Pacifica and the Art Guild of Pacifica (AGP) for continued use of portions of the Sanchez Art Center, and authorizing the City Manager to execute the Agreement.
STAFF CONTACT:
Scott Leslie, Parks, Beaches and Recreation Director
(650) 446-4683
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica has worked in cooperation with the Art Guild of Pacifica (AGP), a nonprofit arts organization, since 1996 to support public arts programming at the Sanchez Art Center located at 1220 Linda Mar Boulevard. AGP manages and operates the West Wing and East Wing galleries, studio spaces, and former kindergarten rooms, offering exhibitions, workshops, community events, and artist programming.
Over the years, the City and AGP have executed several amendments to the original 1996 agreement. After multiple revisions, staff and the City Attorney’s Office prepared a comprehensive Amended and Restated Lease Agreement (“Agreement”) to consolidate all prior terms, modernize the language, and align with some of the City’s 2025 standards for other leased City properties.
The key terms of the proposed Agreement include:
Lease Term
• Initial Term: January 1, 2026 through December 31, 2030 (5 years) • Extension Option: One additional five-year term, exercisable by the AGP, with six months’ written notice prior to expiration of the initial term • AGP must not be in default to exercise the extension
Rent & Cost-of-Living Adjustment
• Monthly rent begins at $2,353 on January 1, 2026 (“Commencement Date”) • A 2.5% annual COLA will apply each anniversary of the Commencement Date This structure aligns with the standard increases in other City nonprofit leases 6 Packet Pg. 175
Pacifica City Council 2
November 24, 2025
Utilities
Under previous agreements, utilities were billed separately, and AGP paid an additional 2.5% surcharge. The new proposed Agreement bundles all utilities, water, gas, sewer, electricity, refuse, pest control, into the Base Rent, as specified in the Amended and Restated Agreement for simplified administration.
Modernized Contract Language
The Agreement updates terminology, clarifies responsibilities, and incorporates standardized requirements for insurance, indemnification, maintenance, and use of the premises.
AGP’s operations at the Sanchez Art Center continue to provide significant community benefit by offering free and low-cost public art programming, working artist studios, education programs, and cultural events.
ALTERNATIVE ACTION:
Decline to approve the agreement and provide staff with alternative direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Agreement supports the City Council’s goal of fostering a healthy and compassionate community by continuing to provide residents with access to arts and cultural experiences.
ENVIRONMENTAL REVIEW:
Approval of the proposed Agreement with Pacifica Performances 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.
FISCAL IMPACT:
Revenue from the lease, beginning at $2,353 per month with annual 2.5% adjustments, will be received by the Parks, Beaches & Recreation Department. Consolidation of utilities into base rent simplifies cost accounting. The lease terms are consistent with budget projections for the Sanchez Art Center and do not create negative fiscal impact.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
6 Packet Pg. 176
Pacifica City Council 3
November 24, 2025
Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (DOCX)
6 Packet Pg. 177
Pacifica City Council 4
November 24, 2025
RESOLUTION NO. __-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE
AMENDED AND RESTATED LEASE AGREEMENT WITH THE ART GUILD OF
PACIFICA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Pacifica (“City”) owns the property at 1220 Linda Mar Boulevard, commonly known as the Sanchez Art Center; and WHEREAS, the Art Guild of Pacifica (“AGP”) has operated galleries, studio spaces, and community arts programming at the Sanchez Art Center since 1996 through a series of leases and amendments; and
WHEREAS, the City and AGP seek to continue this longstanding partnership through an Amended and Restated Lease Agreement that consolidates prior agreements, modernizes language, and aligns with the City’s 2025 lease standards; and WHEREAS, the proposed agreement establishes a five-year lease term beginning January 1, 2026, with one optional five-year extension exercisable with a minimum six months’ written notice; and
WHEREAS, the agreement includes a 2.5% annual rent adjustment and consolidates utilities into the base rent for simplified administration; and WHEREAS, the City Council finds that continuation of this agreement serves the public interest by supporting community arts, cultural programming, and activation of a Cityowned facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby approves the Amended and Restated Lease Agreement between the City of Pacifica and the Art Guild of Pacifica.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or designee to execute the agreement and take all necessary actions to implement its terms. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November, 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
6 Packet Pg. 178
Pacifica City Council 5
November 24, 2025
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 179
Pacifica City Council 6
November 24, 2025
ATTACHMENT A
6 Packet Pg. 180
4907-2322-6235 v2
AMENDED AND RESTATED LEASE AGREEMENT
By and Between
CITY OF PACIFICA
a municipal corporation of the State of California
(“Lessor”)
and
ART GUILD OF PACIFICA
a California non-profit public benefit corporation
(“Lessee”)
6.a
Packet Pg. 181 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 2 of 21
THIS AMENDED AND RESTATED LEASE AGREEMENT (“Agreement”), is entered into this XX day of November, 2025 (“Effective Date”), by and between the City of Pacifica, a California municipal corporation (“Lessor”), and the Art Guild of Pacifica, a California nonprofit public benefit corporation (“Lessee”). Lessor and Lessee shall be collectively referred to as the “Parties”.
Recitals
A. Lessor is the fee owner of that certain real property located at 1220 Linda Mar Boulevard, Pacifica, County of San Mateo, State of California, APN 023-281-130, as described on Exhibit A attached hereto and hereinafter incorporated by reference as Exhibit A; B. Lessor and Lessee first entered into that certain sublease agreement, dated as of October 3, 1996 (“Sublease Agreement”) wherein the Lessor subleased a portion of the Property to Lessee. At that time, the Lessor was not the fee owner of the Property. Lessor became the owner of the Property in 1998;
C. The Sublease Agreement was amended by that certain Amendment No. 1 to the Sublease Agreement, dated March 1, 2000, by and between Lessor and Lessee; and as amended by that certain Amendment No. 2 to Sublease Agreement, dated December 1, 2005, by and between Lessor and Lessee; and as amended by that certain Amendment No. 3 to Sublease Agreement, dated December 14, 2009, by and between Lessor and Lessee; and by that certain Amendment No. 4 to the Sublease Agreement dated March 7, 2023 (The Sublease Agreement and Amendment Nos. 1-4 are collectively referred to as the “Original Lease”).
D. The Parties desire to extend the term of the Original Lease for a five (5) year period, with an optional five (5) year extension and to otherwise amend and restate in their entirety the terms of the Original Lease between the parties, including but not limited to, removing reference to a “Sublease” and revising references of “Sub-Tenant” to “Lessee.” The Original Lease together with this Agreement are collectively referred to herein as the “Lease”.
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend and restate the Original Lease, all upon and subject to the terms and conditions set forth in this Agreement.
Section 1. RECITALS
The recitals set forth above are true and correct, and incorporated herein by this reference.
Section 2. LEASED PREMISES
A. Lessor is the owner of the Property, which includes the West Wing Gallery (Identified as Area A in Exhibit B attached hereto), East Wing Gallery (Identified as Area B in Exhibit B attached hereto) and the former Kindergarten rooms (Identified as Area C in Exhibit B attached hereto (collectively “Buildings”) in which the Premises are located, the Common Area, and the asphalt parking area located on the Property adjacent to the Building (the “Parking Area”). Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, pursuant to the terms and conditions of this Agreement, approximately 22,283 contiguous square foot portion of that certain approximately 31,091 square foot Buildings located at 1220 Linda Mar Boulevard, Pacifica, California 94044 and the former credit union space, consisting of approximately 770 rentable square feet (the “Premises”). A drawing depicting the general location and layout of the Premises is attached hereto and incorporated by reference as Exhibit B. Neither the Common Area defined in this Section nor the Parking Area is part of the Premises.
6.a
Packet Pg. 182 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 3 of 21
B. Common Area. Tenant may, subject to rules made by Lessor, and on a non-exclusive basis, use those areas on the Property exterior to the Buildings designated by Lessor from time to time for the common use of Lessor and all tenants of the Buildings, including but not limited to common corridors, hallways, restrooms, lobbies, telephone areas, utility or telephone rooms, parking, sidewalks and other public areas (the “Common Area”). Lessor has sole discretion to determine the design and location of the Common Area and to determine the manner in which the Common Area is maintained and operated. The Common Area does not include space within the Premises.
Section 3. TERM OF LEASE
A. Initial Term. The initial term of this Agreement shall be five years, commencing on January 1, 2026 (the “Initial Term”) and unless sooner terminated in accordance with the terms of the Lease, shall expire at 5 o’clock p.m. on December 31, 2030 (“Initial Term”).
B. Option to Extend. Provided (i) Lessee is not in default under the terms of this Current Lease at the time the renewal option is exercised or at the commencement of the Extension Term (as hereinafter defined), and (ii) Lessee has not been in default more than twice in any twelve (12) month period, Lessee shall have one (1) option to renew this Current Lease for an additional five (5) year period (“Extension Term”). The Extension Term shall be on all the terms and conditions of this Current Lease, except that Lessor shall have no additional obligation for improvements or any other tenant inducements. Lessee must exercise its option to extend this Current Lease by giving Lessor six (6) months written notice of Lessee’s election to exercise its extension option prior to the end of the Initial Term.
(1) Any notice relating to the Extension Term not given in a timely manner shall be void at Landlord’s election, and Lessee shall be deemed to have waived its extension rights.
The option to extend set forth herein is personal to Lessee and shall not be included in any assignment or other transfer of this Current Lease.
(2) Base Rent Adjustment during Extension Term. Base Rent during the Extension Term shall be adjusted as follows: commencing on the commencement of the Extension Term and each subsequent annual anniversary of the commencement of the Extension Term (“Adjustment Dates”) the Base Rent shall be multiplied by two and one-half percent (2.5%).
Section 4. RENT; UTILITIES
A. Base Rent; Rent. All Rent under this Lease shall commence as of January 1, 2026 (“Commencement Date”). Rent shall be paid as set forth in this Section and as set forth in Exhibit C, attached hereto and incorporated herein by this reference. Lessee shall pay to Lessor, at Lessor's Address designated in Section 21, or at such other address as Lessor may from time to time designate in writing to Lessee for the payment of Rent, the Base Rent of Two Thousand Three Hundred Fifty-Three and 00/100 Dollars ($2,353.00), without notice, demand, offset or deduction, in advance, on the first day of each calendar month. The Base Rent amount includes the costs of the following utilities consumed on the Premises: water, gas, sewer, electricity, refuse, sewage, garbage, and pest control services for the Premises (collectively, "Services"). Upon execution of this Lease, Lessee shall pay to Lessor the total sum of (a) the first month's Base Rent due, and (b) any prorated rent for a partial month if the Commencement Date falls on a date other than the first calendar day of a month. All sums other than Base Rent which Lessee is obligated to
6.a
Packet Pg. 183 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 4 of 21
pay under this Lease shall be deemed to be Additional Rent due on the same date as Base Rent unless otherwise specified hereunder or otherwise requested by Lessor whether or not such sums are designated as Additional Rent. Notwithstanding the foregoing, late charges, as specified in this Section, shall be due and payable immediately upon incurrence. The term "Rent" means the Base Rent and all Additional Rent payable hereunder. If Rent is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a thirty (30) day month. Base Rent shall be adjusted as set forth in subsection (4) below upon each anniversary of the Commencement Date. (1) Application of Payments. All payments received by Lessor from Lessee shall be applied to the oldest obligation owed by Lessee to Lessor. No designation by Lessee, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.
(2) Late Charge and Interest. The late payment of any Rent will cause Lessor to incur additional costs, including administration and collection costs and processing and accounting expenses and increased debt service ("Delinquency Costs"). If Lessor has not received any installment of Rent within five (5) days after such amount is due, Lessee shall pay a late charge of ten percent (10%) of the delinquent amount immediately. The ten percent (10%) late charge represents a reasonable estimate of the Delinquency Costs incurred by Lessor. In addition, all such delinquent amounts shall bear interest from the date such amount was due until paid in full at a rate per annum ("Applicable Interest Rate") equal to the lesser of (a) the maximum interest rate permitted by Law or (b) five percent (5%) above the rate publicly announced by Bank of America, N.A. (or if Bank of America, N.A. ceases to exist, the largest bank then headquartered in the State of California) ("Bank") at its "Reference Rate." If the use of the announced Reference Rate is discontinued by the Bank, then the term Reference Rate shall mean the announced rate charged by the Bank which is, from time to time, substituted for the Reference Rate. Lessor and Lessee recognize that the damage which Lessor shall suffer as a result of Lessee's failure to pay such amounts is difficult to ascertain and said late charge and interest are the best estimate of the damage which Lessor shall suffer in the event of late payment. Lessor's acceptance of late Rent, partial Rent and late charges does not equate with a waiver of Lessee's default with respect to the overdue amount, or prevent Lessor from exercising any rights and remedies available under this Lease and/or by operation of Law.
(3) Additional Rent. In addition to paying the Base Rent specified in this Section, and pursuant to any Addendum or Amendment to this Lease that Lessor and Lessee may execute, Lessee shall pay as Additional Rent the cost of Improvements and any other amounts of any kind that become due or payable by Lessee to Lessor under the terms of this Lease. Unless Lessor elects otherwise pursuant to this Lease, all amounts due under this Lease as Additional Rent are payable for the same periods and in the same manner, time and place, as the Base Rent. Lessee's obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been fulfilled during the Term.
6.a
Packet Pg. 184 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 5 of 21
(4) Base Rent Adjustments. Commencing on the first annual anniversary of the Commencement Date and on each subsequent annual anniversary thereafter (“Adjustment Dates"), other extensions or renewals, the Base Rent for the ensuing twelve (12) month period ("Adjustment Period") shall be an amount equal to the Base Rent including any prior Base Rent Adjustments in effect immediately prior to the commencement of the applicable Adjustment Period and without regard to any temporary rent credit then or previously in effect pursuant to the provisions of this Lease ("Current Rent") multiplied by One Hundred and Two and One-Half Percent (102.5%) (“Base Rent Adjustment”).
B. Lessee shall be solely responsible for contracting for, and shall promptly pay all charges for telephone, computers and cable lines, wiring, materials, security.
C. Lessee shall not waste Services and shall cooperate fully with Lessor to ensure the most effective operation of the Buildings heating and air conditioning system, if any. Lessee shall not adjust any controls of that heating and air conditioning system.
Lessor shall have the right to control and operate the Common Area and the heating and air-conditioning system in such manner as it deems appropriate for the general benefit of the Buildings Lessees. Lessee shall not use any method of heating or air-conditioning, other than that supplied by Lessor, without Lessor's prior written consent. In no event shall Lessor be liable for any interruption or failure in the supply of any such Services to Lessee. Lessor in no way warrants the adequacy of any existing utility systems serving the Premises.
D. Exculpation of Liability. Lessor shall not be liable for any loss or damage suffered by Lessee or others, by reason of Lessor's failure to furnish any of the Services, or furnishing reduced Service, no such failure or reduction shall constitute or be construed as a constructive or other eviction of Lessee, nor shall Lessor be liable for loss of business or injury to property however occurring, through or in connection with or incidental to such failure to furnish or reduction of any of the Services. Should Lessor elect to provide a security patrol or system, Lessor shall not be responsible for any damage or injury to Lessee, Lessee's officers, agents, employees, independent contractors, invitees, customers, visitors, licensees, assignees or sublessees (individually and collectively, "Lessee's Parties"), or the Premises or property due to failure, action or inaction of such patrol or system. Lessor reserves the right to stop Services when necessary, by reason of accident or emergency or for inspection, repairs, alterations, decorations, additions or improvements which, in the judgment of Lessor, are desirable or necessary to be made, until same shall have been completed, and shall further have no responsibility or liability for failure to supply any Services in such instance. Lessor shall use reasonable efforts to minimize the inconvenience to Lessee from such disruptions or interruptions of Services and shall provide Lessee with reasonable notice of such disruptions or interruptions to the extent that Lessor is aware of or has been provided with advance notice of the disruptions or interruptions. The exculpation of liability under this Section shall not apply to the extent claims are caused by Lessor's sole or active negligence or willful misconduct.
6.a
Packet Pg. 185 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 6 of 21
E. No Representation. Lessor makes no representation with respect to the adequacy or fitness of the heating, air conditioning or ventilation equipment in the Buildings to maintain temperatures which may be required for, or because of, any equipment of Lessee other than normal fractional horsepower office equipment, and Lessor shall have no liability for loss or damage suffered by Lessee or others in connection therewith.
F. Conservation and Use Policies. In the event of imposition of federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term, both Lessor and Lessee shall be bound thereby. In the event of a difference in interpretation by Lessor and Lessee of any such controls, the interpretation of Lessor shall prevail, and Lessor shall have the right to enforce compliance therewith, including the right of entry into the Premises to effect compliance.
Section 5. USE OF PREMISES
A. The Premises shall be used for public art exhibitions, community events and meetings, art studios, education programs, community meeting space, and small workshops, subject to any applicable or required approvals from the City of Pacifica.. The Premises shall be used for no other purposes, except as may be provided herein. Provided, however, that no use shall be made or permitted to be made of said Premises, nor acts performed, which will increase the existing rate of insurance upon the Buildings in which said Premises are located or cause a cancellation of any insurance policies covering said Buildings or any part thereof. Nor shall Lessee allow to be sold or permit to be kept, used on, sold in or about the leased Premises any articles which may be prohibited by insurance carriers for Lessor and Lessee, the policies issued to insure the said Premises and State, Federal and Municipal law.
B. Unusual use of the Property such as for fairs, carnivals, art festivals, et cetera, shall be with the approval of Lessor. Said unusual use of the Premises shall be in compliance with State law and City and Fire District ordinances. Lessor will require evidence of sufficient insurance coverage from Lessee to indemnify Lessor in the event a claim arises from or during an “unusual use”. Request for such approval shall be submitted in writing thirty (30) days prior to the event’s occurrence. For purposes of this section “unusual use” of the Premises means any events not consistent with the Lessee’s normal operations.
C. No goods, wares, merchandise, art objects, or photographs may be offered for sale in the individual studios except those items which are made, manufactured and/or created by the tenant artist. This provision does not apply to the gallery.
6. CONDITION OF PREMISES
A. Lessee accepts the condition of Premises at the time of occupancy as satisfactorily meeting its occupancy requirements. By entry hereunder, Lessee accepts the leased Premises AS IS. Lessee is fully acquainted with the nature and condition of the Premises and the condition of existing improvements.
6.a
Packet Pg. 186 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 7 of 21
B. Lessor makes no representations or warranties as to the repair or condition of the Premises. Lessee accepts the leased Premises in its existing condition AS IS. Lessee is aware of the existence of asbestos on the Premises and accepts this condition AS IS.
C. It shall be Lessee's responsibility to assure that property is in proper and safe condition for the proposed use.
7. DESTRUCTION OF PREMISES
A. In the event of partial destruction of said Premises during said term, Lessee shall forthwith repair the same, provided such repairs can be made within forty-five (45) days under the laws of the State, Federal or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repair shall interfere with the business carried on by Lessee in said Premises.
B. If such repairs cannot be made in forty-five (45) days, Lessor may, at its option, make the same within a reasonable time, this Lease continuing in full force and effect and the rent to be proportionately reduced-as provided for in this paragraph. In the event that Lessor does not so elect to make such repairs which cannot be made in forty-five (45) days or such repairs cannot be made under such laws or regulations, this Lease may be terminated at the option of either party.
C. In the event that the Buildings in which the demised Premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this Lease whether the demised Premises be injured or not. A total destruction of the Buildings in which the Premises may be situated shall terminate this Lease.
8. ALTERATIONS AND IMPROVEMENTS
A. Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the Premises or any part thereof without the written consent of Lessor being first obtained, and any alterations, additions or improvements to or of the Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting moveable furniture and trade fixtures, shall on the expiration or termination of this Lease become a part of the Premises and belong to Lessor, and shall be surrendered with the Premises.
B. In the event Lessor consents to the making of any alterations, additions or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole expense, and any contractor or person selected by Lessee to make the same must first be approved by Lessor, and will be under the supervision of Lessor maintenance staff.
C. Upon the expiration or termination of this Lease, Lessee shall, upon demand by Lessor be given at least ten (10) days prior to the expiration or termination of this Lease, remove within ten (10) days, at Lessee’s sole expense, any alterations, additions, or improvements made by Lessee, designated by Lessor to be removed, and Lessee shall, forthwith and will all due diligence, at its sole expense, repair any damage to the Premises caused by such removal.
D. Any alterations, and or improvements, must comply with all State, Federal, and Municipal codes that are in force.
9. WASTE; INSTALLATION AND REMOVAL OF FIXTURES
6.a
Packet Pg. 187 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 8 of 21
A. Lessee shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein, and shall in the use and occupancy of the Premises, conform to all laws, orders and regulations of the Federal, State, and Municipal governments or any of their departments. .All improvements made by Lessee to the Premises which are so attached to the Premises that they cannot be removed without material injury to the Premises shall become the property of Lessor upon installation.
B. Not later than the last day of the term, Lessee shall, at Lessee’s sole expense, remove all of Lessee’s personal property and those improvements made by Lessee which have not become the property of Lessor, include trade fixtures, cabinetwork, moveable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of such property and improvements; and surrender the Premises in as good condition as it was at the beginning of the term, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Lessee or Lessee’s agents, employees, visitors or licensees, excepted.
All property of Lessee remaining on the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
10. FIRE SAFETY
Lessee shall supply and maintain all fire safety equipment required by Federal, State, or Municipal law on the Premises including, but not limited to, fire extinguishers, and smoke detector systems.
11. BUSINESS LICENSE
All of the tenants of Lessee shall obtain and post a current business license. Failure of any tenant to obtains said license shall be basis for termination of this Lease by Lessor.
12. HOLD HARMLESS AND INDEMNIFICATION
A. Indemnity. Except with respect to claims solely caused by Lessor’s active negligence or willful misconduct, Lessee shall indemnify, protect, defend, and hold harmless Lessor and its elected and appointed officers, officials, employees, volunteers, lenders, agents, and contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term directly or indirectly as a result of or in connection with (i) any default in the performance or the performance of any obligation on Lessee’s part to be performed under the terms of this Lease; (ii) Lessee’s use of the Premises or the Property, including the conduct of Lessee’s business or any activity, work or things done, permitted or suffered by Lessee in or about the Buildings, the Premises, the Common Area, or other portions of the Property; (iii) any act, error or omission of Lessee or of any invitee, licensee or guest of Lessee, in or about the Buildings, the Premises, the Common Area, or other portions of the Property; (iv) loss of, injury, or damage to or destruction of property (including loss of use resulting from that loss, injury, damage or destruction); (v) all resulting economic losses, consequential and/or exemplary damages; and (vi) any subleases, assignments and related activities, (all of the foregoing, collectively, the “Indemnification”). Lessee shall provide such Indemnification by and through counsel reasonably acceptable to Lessor.
The obligations of Lessee under this Section shall survive the expiration or sooner termination of this Lease.
B. Exemption of Lessor from Liability. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property including, but not limited to,
6.a
Packet Pg. 188 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 9 of 21
Lessee’s fixtures, equipment, furniture and alterations or injury to persons in, upon or about the Buildings, the Premises, the Common Area, or other portions of the Property arising from any cause, and Lessee hereby waives all claims in respect thereof against Lessor, except to the extent such claims are caused by Lessor’s sole or active negligence or willful misconduct. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to the property of Lessee, or injury to or death of Lessee, Lessee’s Parties or any other person in or about the Buildings, the Premises, the Common Area, or the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Buildings, the Premises, the Common Area, or other portions of the Property or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee, except damage or injury caused solely by Lessor’s sole or active negligence or willful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Buildings, the Premises, the Common Area or other portions of the Property or Lessor’s failure to enforce the terms of any agreements with parties other than Lessee.
13. INSURANCE
A. Lessor’s Insurance. Lessor may elect to maintain insurance or an insurance equivalent (including but not limited to, e.g., that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) insuring the Buildings on an occurrence basis against fire and extended coverage (including, if Lessor elects, “all risk” coverage, earthquake/volcanic action, flood and/or surface water insurance) similar in type and coverage limits to that carried by Lessor on its other properties. Lessor may also carry such other insurance as Lessor may deem prudent or advisable, in such amounts and on such terms as Lessor shall determine.
B. Lessee’s Insurance. Lessee, shall, at Lessee’s expense, obtain and keep in force at all times the following insurance, and shall be liable for all premiums, deductibles, and self-insured amounts, if any, in connection therewith:
(1) Commercial General Liability Insurance (Occurrence Form). Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Lessee’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
(2) Workers’ Compensation and Employer’s Liability Insurance. Lessee shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to City, along with the
6.a
Packet Pg. 189 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 10 of 21
certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers
(3) Property Insurance. “All risk” property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any improvements, personal property, fixtures and equipment, including use and disposal of photograph developing chemicals and other hazardous materials, of Lessee (collectively “Lessee’s Property”) (and coverage for the full replacement cost thereof including business interruption of Lessee), together with, if the property of Lessee’s invitees is to be kept in the Premises, warehouser’s legal liability or bailee customers insurance for the full replacement cost of the property belonging to invitees and located in the Premises. (4) General.
(a) Insurance Companies. Insurance required to be maintained by Lessee shall be written by companies licensed to do business in California and having a “General Policyholders Rating” of at least A:VIII (or such higher rating as may be required by a lender having a lien on the Premises) as set forth in the most current issue of “Best’s Insurance Guide.”
(b) Certificates of Insurance. Lessee shall deliver to Lessor certificates of insurance for all insurance required to be maintained by Lessee pursuant to this Lease, in the form of the ACORD standard certificate of insurance, prior to the Commencement Date. Lessee shall, at least ten (10) days prior to expiration of the policy, furnish Lessor with certificates of renewal or “binders” thereof. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after sixty (60) days’ prior written notice to the parties named as additional insureds as required in this Lease (except in the case of cancellation for nonpayment of premium in which case cancellation shall not take effect until at least ten (10) days’ notice has been given to the parties named as additional insureds). If Lessee fails to maintain any insurance required in this Lease, Lessee shall be liable for all losses and cost resulting from said failure.
(c) Umbrella/Excess Insurance. Any umbrella liability policy or excess liability policy (which shall be in “following form”) shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance.
The limits of insurance maintained by Lessee shall not limit Lessee’s liability under this Lease.
(d) Notification of Incidents. Lessee shall notify Lessor within twenty four (24) hours after the occurrence of any accident or incident in/at Property or any portion thereof which could give rise to a claim against Lessor, its coverage, Lessee or Lessee’s insurance. Lessee’s notice shall be accompanied by a copy of any accident/incident form prepared by Lessee, reporting and/or relating to the accident/incident.
14. ENTRY AND INSPECTION
6.a
Packet Pg. 190 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 11 of 21
Lessee shall permit Lessor or Lessor’s agents to enter upon the Premises upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this Lease to place upon the Premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the Premises thereafter.
15. TAXES
Lessee shall pay or cause to be paid, before delinquency, any and all taxes and assessments, or other charges of any description levied or assessed on or against the Premises leased by Lessee and which become payable during the term of this Lease. Lessee acknowledges and agrees that this Lease may create a possessory interest; such possessory interest may be subject to property taxation if created, and that Lessee may be subject to the payment of property taxation if created and that Lessee may be subject to the payment of property taxes levied on such interest. In the event property leased by Lessee is taxed, Lessee agrees to pay such tax.
16. ASSIGNMENT AND SUBLETTING
Lessee shall not assign or transfer this Lease or any interest herein nor sublet the whole or any part of the Premises without first having obtained the written consent of Lessor. Lessee agrees that it will not allow any use or occupancy of the Premises without first obtaining a written and signed sublease from any prospective subtenant. Lessee further covenants and agrees that neither this Lease nor any interest herein shall be assignable or transferable in any proceeding in bankruptcy, or insolvency taken by or against Lessee or by process of any law applying to such proceedings without the consent of Lessor; and that upon any assignment, sale or written consent of Lessor; and that upon any assignment, sale or transfer of this or any interest therein, by judgment, execution, bankruptcy or insolvency proceedings, this Lease shall immediately terminate at the option of Lessor.
17. EVENTS OF DEFAULT
A. Events of Default: A breach of this Lease shall exist if any of the following events shall occur:
(1) Any failure of Lessee to pay the Rent or any other monetary sums required to be paid hereunder, where such failure continues for ten days after written notice by Lessor to Lessee.
(2) The abandonment or vacation of the Premises by the Lessee. (3) A failure by Lessee to observe and perform any other provision of the Lease to be observed or performed by Lessee, if such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within thirty (30) days. Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and, thereafter, diligently prosecute the same to completion. A time extension beyond thirty (30) days shall be at the option of Lessor.
18. REMEDIES
A. Upon any event of material default, Lessor shall have the following remedies, in addition to all other rights and remedies provided by law to which Lessor may resort cumulatively, or in the alternative:
6.a
Packet Pg. 191 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 12 of 21
(1) Lessor shall be entitled to keep this Lease in full force and effect (whether or not Lessee shall have abandoned the Premises) and to enforce all of its rights and remedies under this Lease, including the right to recover rent and other sums as they become due, plus interest at the rate of twelve (12%) percent per annum plus appropriate penalties from the due date of each installment or rent or other sum until paid. (2) Lessor shall be entitled to the right of re-entry and may remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, the Lessee. Lessor can elect to dispose of personal property in the manner prescribed by law. Should Lessor elect to re-enter or should Lessor take possession pursuant to legal proceeding or any notice provided by law, Lessor may terminate this Lease, re-let said Premises, or any part thereof, for such term or terms (which may be for a term extending beyond this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor, in its sole discretion, may deem, advisable with the right to alter or repair the Premises upon such re-letting. (3) In such event, Lessee shall be immediately liable to pay to Lessor, in addition to any other amounts due hereunder:
(a) The cost and expense of such re-letting and such alterations and repairs, and any amount by which the rent reserved herein for the period of such re-letting but not beyond the term hereof, exceeds the amount agreed to be paid as rent for such period.
(b) At the option of Lessor, rents received by Lessor from such re-letting shall be applied first to the repayment of indebtedness other than rent due hereunder, second to costs and expenses of re-letting and alterations or repairs, and third to the payment of rent due and unpaid hereunder, and applied in payment of future rent as the same may become due and payable. Lessee shall be credited only with rent actually received by Lessor. Lessee shall, in such event, pay any deficiency between the amount due from Lessee to Lessor and the amount credited. (c) Lessor may terminate this Lease on account of a breach by giving Lessee written notice of termination. Lessor’s re-entry or taking possession shall not be construed as an election to terminate this Lease unless termination be decreed by a court of competent jurisdiction.
(d) Should Lessor at any time terminate this Lease for any breach, in addition to any other remedy Lessor may have, Lessor may recover from Lessee all damages Lessor may incur by reason of such breach, including the cost of recovering the Premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, or any amount by which the unpaid rent for the balance of the term exceeds the amount of rental loss for the balance of the term which the Lessee proves could be reasonably avoided.
19. WAIVER
A waiver by Lessor or Lessee of any breach of any covenant or condition contained herein shall not be deemed to be a waiver of such covenant or condition of any subsequent acceptance or
6.a
Packet Pg. 192 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 13 of 21
payment of rent hereunder by either party shall not be deemed to be a waiver of any preceding breach by either party of any covenant or condition of this Lease.
20. BROKERS
Lessee warrants that it has had no contact, dealings or communications with any real estate brokerage firm or agent or other person who can claim a right to a commission or finder's fee in connection with the negotiation of this Amendment and that no real estate commissions or finder's fees are payable in connection herewith. Lessee shall indemnify, defend and hold Lessor harmless from all expenses, claims, damages (including a reasonable attorney's fee and costs) incurred by Lessor as a result of a breach of this warranty.
21. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to Lessor addressed as follows:
Lessor of Pacifica
Attention: Director, Parks, Beaches & Recreation Department 540 Crespi Drive
Pacifica, CA 94044
And to Lessee addressed as follows:
Lessee’s Notice Address:
Art Guild of Pacifica
Attention: President
1220-B Linda Mar Boulevard
Pacifica, CA 94044
Notices may be served upon Lessee or Lessor in person or by first class mail or by certified mail whether or not said mailing is accepted. These addresses shall be used for service of process.
22. AUTHORIZATION
The person or persons signing on behalf of Lessee warrant and represent that he, she or they are authorized to sign the Lease on behalf of the Lessee and to bind the Lessee to the terms of this Lease.
23. MECHANIC’S LIENS
Lessee shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic’s material-people’s contractor’s or subcontractor’s liens arising from or any claim for damage growing out of work of any construction, repair, restoration, replacement or improvement, or any other claim or demand howsoever the same may arise, but Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against the Premises. Lessee agrees to indemnify, defend and hold the Lessor and Premises harmless from any and all such liens, claims and demands together with reasonable attorney’s fees and all costs and expenses in connection therewith. Lessor shall have the right to post and keep posted on the Premises such notices of non-responsibility as Lessor may deem necessary for the protection on Lessor.
24. HEIRS, ASSIGNS, SUCCESSORS
6.a
Packet Pg. 193 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 14 of 21
This Lease Agreement is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties.
25. USE OF COMMON AREAS
A. If there are multiple lessees of the Property, use of the Common Area, will be adjusted by Lessor insofar as possible, to meet the needs of all parties. Lessee shall be obliged to share these areas as requested by Lessor, and comply with any rules or restrictions established by Lessor pertaining to those common areas.
B. Lessee will share responsibility for keeping Common Areas clean, orderly, and in sanitary condition. Common Areas include restrooms, hallways, and any other area that is shared by multiple lessees.
C. Lessee may from time to time use the Common Areas as part of a public art exhibition or community event being held within the Premises. If Lessee uses the Common Areas in such a manner, the Lessee will ensure that the Common Areas are clean and orderly after such use.
D. No use shall be made or permitted of the Premises, the common and parking areas, or any part thereof, nor any acts done, which will violate, make imperative, or increase the existing rate of any insurance policy at any time held by or in any way for the benefit of Lessor pursuant to any provision of this Lease agreement.
E. Lessee will share common parking areas with other lessees and Lessor. No specific amount of space is guaranteed to Lessee.
F. Lessee agrees that its use of the restrooms is not exclusive and Lessee acknowledges that other Lessees or their patrons may have access to said facilities.
26. PROPERTY MANAGER
Lessee shall operate and manage all operations taking place on the Premises, including, but not limited to, the subleases with Lessee and shall not hire a third party to act as property manager, except that Lessee may enter into a written operating/property management agreement with Sanchez Art Center, a 501(C)(3) nonprofit corporation, in a form approved by the Pacifica City Attorney. Lessee shall provide City with a signed copy of any property management agreement.
The property management agreement shall not constitute an assignment of the Lease and Lessee remains ultimately responsible for the rights and obligations set forth in the Lease, including any amendments.
27. RELOCATION WAIVER
A. Lessee fully releases and discharges the City of Pacifica (in its capacity as Lessor and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in Law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of the Property, the Buildings, or the Premises; the full or partial termination or expiration of Lessee's leasehold interest as permitted under this Lease; or the relocation of Lessee's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the Premises including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code sections 7260 et seq. ("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Lessee acknowledges and agrees that the release and
6.a
Packet Pg. 194 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 15 of 21
waiver set forth in this Section is material consideration for Lessor's lease of the Premises to Lessee on the terms set forth herein and that, but for this release and waiver, Lessor would not have leased the Premises to Lessee.
B. It is hereby intended that the above release relates to both known and unknown claims that the Lessee may have, or claim to have, against the Lessor with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the Lessee expressly waives any rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
C. Each sublease or rental agreement shall contain a relocation waiver in substantially the following form: “Relocation Waiver. Sublessee fully releases and discharges the Lessor of Pacifica (in its capacity as Lessor and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in Law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of all or any portion of the Project, Buildings, Premises, or the Subleased Premises, the full or partial termination of Sublessee's leasehold interest as permitted under this Sublease, or the relocation of Sublessee's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the Subleased Premises, including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code sections 7260 et seq. ("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Sublessee acknowledges and agrees that the release and waiver set forth in this section is material consideration for Lessor's consent to the sublease by Sublessor of the Subleased Premises to Sublessee on the tetras set forth herein and that, but for this release and waiver, Lessor would not have consented to the sublease of the Subleased Premises by Sublessor to Sublessee. It is hereby intended that the above release relates to both known and unknown claims that the Sublessee may have, or claim to have, against the Lessor or the Lessor of Pacifica with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, the Sublessee expressly waives any rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."”
28. NAYLOR ACT
The Property is subject to provisions of the Naylor Act, California Education Code sections 17485-17500 et. seq. Lessor has acquired the Property from the school district, and is required to maintain those portions of the Property which were used for school playground, playing field, or other outdoor recreational purposes and open-space land particularly suited for recreational purposes accordingly. If the Lessor does not do so, the school district may reacquire the site. In
6.a
Packet Pg. 195 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 16 of 21
such event, Lessor shall have the right to terminate the proposed lease upon sixty (60) days' prior written notice, but in no event later than the reacquisition occurs.
29. CERTIFIED ACCESS SPECIALIST
For purposes of Section 1938(a) of the California Civil Code, Lessor hereby discloses to Lessee, and Lessee hereby acknowledges, that neither the Buildings nor any portion of the Premises has undergone inspection by a Certified Access Specialist (CASp) (defined by California Civil Code Section 55.52). Pursuant to California Civil Code Section 1938, Lessee is hereby notified as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the Lessee from obtaining a CASp inspection of the subject premises for the occupancy of the Lessee, if requested by Lessee.
The parties shall mutually agree on the arrangements for the time and manner of any CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” If Lessee requests to perform a CASp inspection of the Premises, Lessee shall, at its cost, retain a CASp approved by Lessor to perform the inspection of the Premises at a time agreed upon by the parties. Lessee shall provide Lessor with a copy of any report or certificate issued by the CASp (the “CASp Report”). Lessor and Lessee agree that any modifications necessary to correct violations of construction related accessibility standards identified in the CASp Report shall be the responsibility of Lessee.
30. GENERAL PROVISIONS
A. If any provision of this Lease Agreement is deemed by a court of law to be invalid, void, illegal, or unenforceable, the parties intend and agree that shall in no way affect, impair or invalidate any other provision hereof and such other provisions that are not deemed invalid, void, illegal or unenforceable, shall remain in full force and effect.
B. This Lease Agreement and the obligations of Lessee hereunder shall not be affected or impaired because Lessor is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of Lessor.
C. This Lease Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease Agreement. No provision of this Lease Agreement may be amended or added to except in writing signed by the parties hereto or their respective successors in interest. This Lease Agreement shall not be in effect or be binding on any party until fully executed by both parties hereto.
D. In the event of any sale or transfer of the Premises by Lessor, Lessor shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale or transfer; and the purchaser or transferee, at such sale or transfer or any subsequent sale or transfer of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser or transferee, to have assumed and agreed to carry out any and all of the covenants and obligations of Lessor under this Lease Agreement.
E. Animals will not be allowed on the Premises unless written permission is granted by Lessor.
6.a
Packet Pg. 196 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 17 of 21
F. Lessee shall comply with all applicable federal, state, and local laws, including all laws regarding the possession, service, and distribution of alcoholic beverages.
G. Lessee will not, in any activity conducted on the leased Premises, or in any other manner, discriminate against any person on the grounds of race, color, religion, age, sex, sexual orientation, or national origin. Failure to comply with this provision will be considered a breach.
H. Campers, boats, mobile homes, recreational vehicles, inoperable vehicles or unlicensed or unregistered vehicles may not be parked on the Property for more than three (3) consecutive days.
I. Section headings have been inserted solely as a matter of convenience and are not intended to define or limit the scope of any of the provisions contained therein.
J. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of laws provisions.
K. Nothing herein is intended to create any third party benefit. ***
[Signatures on Next Page]
6.a
Packet Pg. 197 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 18 of 21
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first written above.
LESSOR:
CITY OF PACIFICA
By: __________________
Name: __________________
Its: __________________
LESSEE:
ART GUILD OF PACIFICA
By: __________________
Name:
Its: President
By: __________________
Name:
Its: Secretary
[Attach exhibits A, B and C]
ATTEST:
____________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
____________________________
Michelle Marchetta Kenyon, City Attorney
6.a
Packet Pg. 198 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907-2322-6235 v2 Page 19 of 21
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Pacifica, County of San Mateo, State of California, described as follows:
Assessors Parcel No. 0232-811-30
6.a
Packet Pg. 199 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907
-2322-6235 v2 Page 20 of 21
EXHIBIT B
PROPERTY AND PREMISES DEPICTION
6.a
Packet Pg. 200 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease 4907
-2322-6235 v2 Page 21 of 21
EXHIBIT C
RENT SCHEDULE (ART GUILD)
Base Rent Adjustment Date Base Rent
January 1, 2026$2,353.00
January 1, 2027$2,412.00
January 1, 2028$2,472.00
January 1, 2029$2,534.00
January 1, 2030$2,597.00
6.a
Packet Pg. 201 Attachment: Art Guild of Pacifica Amended and Restated Lease for Sanchez Art Center FINAL 1 (6086 : Resolution - Art Guild of Pacifica Lease
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Amendment to Consultant Services Agreement for On-Call Planning Services Between the City of Pacifica and Consulting Firm Good City Company
RECOMMENDED ACTION:
Move to adopt the attached resolution to approve the Tenth Amendment to the Agreement for Consultant Services between the City of Pacifica and Good City Company and to authorize the City Manager to execute the Tenth Amendment to increase the cost ceiling by $829,851 for additional specialized planning services and extend the agreement term through June 30, 2027.
STAFF CONTACT:
Elizabeth Brooks, Management Analyst II
650-738-7341
[email protected]
Samantha Updegrave, Community Development Director
650-738-7341
[email protected]
BACKGROUND/DISCUSSION:
The Community Development Department manages numerous development project applications along with several City Council priority and major long-range planning initiatives, including development and implementation of the 2023–2031 Housing Element. To support this work, the City has been engaged with Good City Company through an on-call planning services agreement that has been amended over time to match evolving workloads and State-driven timelines. The City entered into an “Agreement for Consultant Services” (Agreement) on October 16, 2020. Under this Agreement, Good City provides its expertise in Housing Element implementation and provides technical assistance for City-initiated planning efforts. In addition, Good City provides special project services for applicant-funded private development projects, supporting the department’s ability to process these applications in accordance with statemandated timelines.
As part of the FY 2025–26 adopted budget, City Council allocated General Fund resources for the Community Development Department’s Contractual Services, which fund project review services. Council also allocated Housing Action Fund (Fund 221) resources toward two Housing Element implementation needs: (1) Housing Element Implementation, and (2) Public Sites (Housing Element Program I-3 (HE-I-3)). The first allocation, which is $100,000 for Housing Element Implementation, was intended to provide continuity and structural support for required implementation work, including mandatory reporting. The Public Sites allocation of $150,000 provides funding to initiate a multi-year effort to evaluate City-owned and other publicly owned lands for housing feasibility, conduct community engagement, coordinate with partner agencies, and prepare early technical work such as conceptual test fits and feasibility analyses. 7 Packet Pg. 202
Pacifica City Council 2
November 24, 2025
Since adoption of the FY 2025–26 budget, staff priorities and workloads have shifted in order to meet near-term Housing Element implementation milestones. Several Housing Element programs require early progress on zoning modernization and Objective Design Standards (ODS) (HE-I-2), both of which form the technical foundation needed for subsequent actions necessary for implementation and for processing housing projects consistent the certified housing element and State requirements. The sequencing of these tasks makes it clear that these activities must occur early in the overall Housing Element implementation program in order to keep subsequent actions and citywide ODS adoption on track. Moreover, advancing this work now is also advantageous because it aligns with the ongoing work of the City’s Partnership for the Bay’s Future (PBF) Fellow, whose two-year assignment focuses on zoning code modernization, ODS development, and supporting equitable Housing Element implementation. Coordinating consultant tasks with the Fellow’s projects allows the City to maximize resources and maintain consistency throughout these early, foundational stages of implementation.
To support these efforts and maintain continuity between Housing Element Implementation activities, staff recommends reallocating a portion of the FY 2025–26 Public Sites allocation to fund zoning modernization and ODS outreach and analysis. Public Sites work is a multi-year effort, and while early activities such as data gathering and initial community engagement will still begin during FY 2025–26, much of the more resource-intensive activities are scheduled for later phases. This creates an opportunity to re-sequence consultant assistance in a way that maintains the overall Public Sites timeline while supporting more immediate Housing Element implementation needs. This reallocation does not reduce the overall Public Sites program scope but adjusts the timing of consultant tasks to better align with implementation.
Good City’s familiarity with Pacifica’s Housing Element, General Plan, regulatory context, and the Pacifica community positions them to efficiently support this next phase of work. Their existing knowledge ensures continuity and supports coordinated project management across multiple Housing Element programs. Staff is also recommending inclusion of Good City’s optional task, which would provide architectural support for public sites analysis and community engagement activities. Incorporating this optional task will ensure that the City has the technical capacity needed for more detailed work on public lands as the program advances, as reflected in the consultant’s proposed amended Scope of Work (Exhibit A of Attachment B).
The proposed Amendment would increase the cost ceiling in the Agreement by $829,851 for additional specialized planning services, and extend the agreement term through June 30, 2027, to align with the multi-year nature of Housing Element implementation. All Housing Element activities are funded by the Housing Action Fund (Fund 221).
Approval of this amendment ensures that the City has adequate support to meet required Housing Element implementation deadlines, advance zoning modernization and ODS foundational work, coordinate with the PBF Fellow, and maintain momentum on Public Sites activities.
ALTERNATIVE ACTION:
The Council may choose not to approve the amendment or approve a different amount. A reduced amount would require staff to divert internal resources toward, and reduce the scope of zoning modernization, ODS, and reporting requirements. This would maintain barriers toward construction of housing, and delay compliance with the certified housing element other City Council priority initiatives or reduce the level of public outreach and technical analysis planned for FY 2025–26.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
7 Packet Pg. 203
Pacifica City Council 3
November 24, 2025
Good City Company’s support of the Housing Element furthers City Council Strategic Goal 1:
Enhance organizational and fiscal stability, and Goal 3: Prioritize protection and development of affordable housing.
FISCAL IMPACT:
Approval of the Amendment would increase the Good City Company Agreement cost ceiling by $829,851, which would increase the total compensation amount paid to Good City under the Agreement since its inception in 2020 to $1,632,351. All Housing Element activities, including zoning modernization, ODS development, Housing Element reporting, and Public Sites work, are funded by the Housing Action Fund (Fund 221). On-call special project services for applicant-funded private development projects are fully reimbursable with a net zero impact on the General Fund.
CEQA:
The approval of the Tenth Amendment 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.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
Attachment A: Good City Company Agreement to Provide On-Call Planning Services (PDF) Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (PDF)
7 Packet Pg. 204
Pacifica City Council 4
November 24, 2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE
CITY MANAGER TO EXECUTE A TENTH AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH GOOD CITY COMPANY FOR PROFESSIONAL PLANNING AND
RELATED SERVICES
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Good City Company for consulting services under the City Manager’s purchasing authority in October 2020; and WHEREAS the City Council authorized amendments to the City’s agreement with Good City Company for consulting services in November 2021, June 2022, September 2022, January 2023, August 2023, April 2024, June 2024, January 2025, and May 2025; and WHEREAS the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve an additional amendment to the City’s agreement with Good City Company for consultant services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby authorizes the City Manager to execute the Tenth Amendment to the Consultant Services Agreement with Good City Company to increase the cost ceiling by $829,851 and extend the agreement term through June 30, 2027.
BE IT FURTHER RESOLVED, the City Council hereby approves the Tenth Amendment, in the form attached hereto, with minor revisions that may be approved by the City Manager and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Tenth Amendment to the Consultant Services Agreement.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November 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 7 Packet Pg. 205
7.a
Packet Pg. 206 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 207 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 208 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 209 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 210 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 211 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 212 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment
7.a
Packet Pg. 213 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment Scope of Work
Good City Company can provide the City of Pacifica with the following on-call planning services:
• Prepare initial project summaries and route to City departments for comment. • Analyze projects for compliance with the City's General Plan, zoning ordinance, Local Coastal Plan, Subdivision Map Act, Design Guidelines, specific plans, Municipal Regional Stormwater Permit (i.e.
C.3 requirements), and other policies.
• Review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects). • Prepare Initial Studies and CEQA documents or ability and expertise to work with a CEQA consultant. • Write staff reports, resolutions, conditions of approval, ordinances, and deliver oral presentations. • Draft detailed findings that withstand project appeals. • Attend Planning Commission and/or City Council meetings. • Conduct site visits.
• Be available during regular business hours to answer questions by phone or email. • Meet at the Planning Department as needed to meet with staff and applicants (all meetings are conducted virtually during COVID-19 health protocols).
• Interact with Coastal Commission – North Central Coast District staff to coordinate project review. • Process development and redevelopment of environmentally sensitive sites, former industrial sites, and hotel projects.
• Process annexation requests.
• Review building permit applications for entitlement projects processed by consultant.
7.a
Packet Pg. 214 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment to Good City Company | Statement of Qualifications 29
Good City prides itself on being a cost-effective solution for public sector agencies. Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services. • Director/Principal $225/hour
• Principal Planner
• Senior Planner
• Associate Planner
• Assistant Planner
• Planning Technician $80/hour
• Administrative Assistant $60/hour
Subconsultant Contracts Direct Billing + 10% oversight fee * Rates subject to adjustment January 1st of each year (typically 3-5% increases) Exhibit B: Compensation (Billing rates)
$195/hour
$160/hour
$125/hour
$100/hour
7.a
Packet Pg. 215 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment to
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/16/2020
James E. McGovern, Inc.
1625 El Camino Real
Belmont, CA 94002 650-593-8216 x103 650-594-9130
www.jemins.com Sentinel Insurance Company, Ltd. A+ XV 11000 Evanston Insurance Company A XV 35378
A 57 SBA RI0706 7/6/2020 7/6/2021 2,000,000.
1,000,000.
✓
10,000.
✓
2,000,000.
4,000,000.
4,000,000.
Deductible 500.
A 57 SBA RI0706 7/6/2020 7/6/2021 2,000,000.
✓ ✓
Deductible 500.
B Professional Liability MPL1401718-20 1/5/2020 1/5/2021 Aggregate Limit: $2,000,000.
Each Claim: $2,000,000.
Steve Suissa
MaryAnn Worman
[email protected]
✓
Good City Company
2165 Carmelita Drive
San Carlos CA 94070
58185572
*30 day written Notice of Cancellation, except for non-payment of premium which is 10 days.
City of Pacifica
1800 Francisco Boulevard
Pacifica CA 94044
RE: Verification of Insurance
58185572 | MARTI-L | 20/21 GL, PL | MaryAnn Worman | 10/16/2020 2:30:45 PM (PDT) | Page 1 of 1
7.a
Packet Pg. 216 Attachment: Attachment A: Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Company Amendment to 4891-5659-1477 v1 1
TENTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Tenth Amendment to Agreement for Consultant Services (the "Amendment") is made and entered into on this 24th day of November 2025, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Good City Company, a California Corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on October 16, 2020, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, on February 1, 2022, the City Council authorized CITY and CONSULTANT to enter into a First Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on June 27, 2022, the City Council authorized CITY and CONSULTANT to enter into a Second Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on October 5, 2022, the City Council authorized CITY and CONSULTANT to enter into a Third Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on January 9, 2023, the City Council authorized CITY and CONSULTANT to enter into a Fourth Amendment to that Agreement to increase the Cost Ceiling of the Agreement; and
WHEREAS, on August 14, 2023, the City Council authorized CITY and CONSULTANT to enter into a Fifth Amendment to that Agreement to restate the Scope of Work and to increase the Cost Ceiling of the Agreement; and
WHEREAS, on April 8, 2024, the City Council authorized CITY and CONSULTANT to enter into a Sixth Amendment to that Agreement to increase the Cost Ceiling; and WHEREAS, on June 10, 2024, the City Council authorized CITY and CONSULTANT to enter into a Seventh Amendment to that Agreement to extend the Term under the Agreement; and
WHEREAS, on January 12, 2025, the City Council authorized CITY and CONSULTANT to enter into an Eighth Amendment to that Agreement to increase the Cost Ceiling of the Agreement; and
7.b
Packet Pg. 217 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City 4891-5659-1477 v1 2
WHEREAS, on May 12, 2025, the City Council authorized CITY and CONSULTANT to enter into a Ninth Amendment to that Agreement to increase the Cost Ceiling of the Agreement; and
WHEREAS CITY and CONSULTANT now desire to enter into this Tenth Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) and extend the Term in section 3.1 (“Effective Date”) of the Agreement.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:
1. Section 2.1 of the Agreement, "Compensation" is hereby amended to read as follows:
Compensation. Rates charged for Services shall be in accordance with Exhibit A, attached hereto and incorporated herein. The total compensation under this Agreement shall not exceed $1,632,351, which includes the additional $829,851 authorized under this Amendment, as reflected in Exhibit A.
2. Section 3.1 of the Agreement, “Effective Date” is hereby amended to read as follows:
Effective Date. This Agreement shall become effective upon execution of the first signature and shall remain in full force and effect until the Services are completed (the “Term”). CONSULTANT agrees to complete all services by June 30, 2027.
3. Agreement in Effect. Except as amended by this Tenth Amendment, the Agreement shall remain in full force and effect.
4. Counterpart Signatures. This Tenth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. [signatures on next page]
7.b
Packet Pg. 218 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City 4891-5659-1477 v1 3
IN WITNESS WHEREOF, the parties have executed this Tenth Amendment as of the date set forth above.
CITY OF PACIFICA
By: Date:
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
By: Date
Aaron Aknin, AICP
Principal Planner and Co-Owner
Good City Company
7.b
Packet Pg. 219 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City November 19, 2025
Samantha Updegrave
Director, Community Development Department
City of Pacifica
RE: Consultant Services Agreement Amendment Request
Dear Samantha,
Good City Company appreciates the opportunity to provide on-call planning services to the City of Pacifica for current planning, long-range planning, housing, and special projects support. We understand the City of Pacifica seeks assistance in review and coordination of active planning proposals, support for long-range planning initiatives including housing element implementation, and analysis and outreach support regarding zoning code and objective standards development.
Thank you very much for meeting with us in September and October to review your current projected needs and how Good City Company may be helpful in supporting you to meet your department’s objectives. To do so, we propose a scope of work covering the period September 2025 to June 2026 and a second scope of work for the period covering July 2026 to June 2027, both attached. We also propose a contract amendment to extend the overall cost ceiling and timeline of our current Consultant Services Agreement by $829,851 to cover projected expenses throughout Fiscal Years 2025-2026 and 2026-2027.
The overall project manager and primary point of contact will be Nicholas Hamilton. Jacob Garcia will continue to serve as your point of contact for current planning projects. Good City Company Principal Aaron Aknin will serve as Principal-in-Charge. Additional Good City team members may be available on an as needed basis.
Estimated Fees
The estimated monthly hours and fees for Fiscal Year 2025-2026 are detailed below. The estimate below is based on 2025 billing rates, which are generally increased on January 1st of each year in accordance with the Consultant Services Agreement (CSA). A copy of our 2025 billing rates is attached. A 15% contingency is also included.
A proposed scope of work and cost estimate for 2025-2026 are attached. The cost estimate assumes staffing levels as indicated in the attachment for approximately ten months. The total estimated cost throughout FY 2025-2026 is up to $340,478. Including an additional task of engaging an architectural firm as described below would increase the total estimated cost throughout FY 2025-2026 by an estimated $50,000 to $390,478.
EXHIBIT A
7.b
Packet Pg. 220 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
A proposed scope of work and cost estimate for 2026-2027 are also attached. The cost estimate assumes staffing levels as indicated in the attachment for approximately twelve months. The total estimated cost throughout FY 2026-2027 is up to $389,373. Including an additional task of engaging an architectural firm as described below would increase the total estimated cost throughout FY 2026-2027 by an estimated $50,000 to $439,373.
As the project evolves, we suggest checking in monthly to review the current expenses and projections.
Estimated Total Fees (FY 2025-2026 and FY 2026-2027)*
FY25-26 FY26-27
Task Description Hours Est. Cost Hours Est. Cost
1 Current Planning On Call 330 $60,300 396 $72,360
15% contingency $9,045 $10,854
TASK 1 SUBTOTAL $69,345 $83,214
2 Long-Range Planning Initiatives:
Housing Element Implementation 323 $46,890 600 $119,640 Zoning Modernization and ODS Outreach
and Analysis 464
$79,200
0 $0
Annual Progress Report (2025 APR) 80 $14,775 80 $14,775 Public Sites Planning and Outreach 504 $92,729 708 $129,636 15% contingency $35,039 $39,608
Materials $2,500 $2,500
Optional Tasks $50,000 $50,000
TASK 2 SUBTOTAL $271,133 $306,159
TASK 2 TOTAL INCLUDING OPTIONAL TASKS $321,133 $356,159
TOTAL $340,478 $389,373
TOTAL INCLUDING OPTIONAL TASKS $390,478 $439,373
GRAND TOTAL FOR BOTH FISCAL YEARS $729,851
GRAND TOTAL FOR BOTH FISCAL YEARS
(INCLUDING OPTIONAL TASKS)
$829,851
*Calculated using 2025 rates, rates subject to change in January of each year in accordance with the CSA
Optional Services
We propose engaging the services of an architectural firm such as Van Meter Williams Pollack to support the planning and outreach activities for the public sites work. Depending on the final scope of work determined, this expense could range from $35,000 to $70,000 per year.
Should you have any questions regarding this task outline, please do not hesitate to contact me at
7.b
Packet Pg. 221 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
(415) 845 or [email protected]. Thank you for -8344 your consideration. We look forward to the opportunity to continue to work with the City of Pacifica.
Sincerely,
Aaron Aknin, Principal and Co-Owner
Good City Company
Attachments:
Proposed Scope of Work and Cost Estimate for July 2025-June 2026 Proposed Scope of Work and Cost Estimate for July 2026-June 2027 Good City Company 2025 Billing Rates
7.b
Packet Pg. 222 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Proposed Scope of Work and Cost Estimate for
Planning Services for July 2025-June 2026
City of Pacifica
November 19, 2025
The scope of work proposed below outlines our understanding of the services desired by the City of Pacifica throughout FY 2025-2026. The services are grouped into two proposed tasks.
Estimated Monthly Fees (FY 2025-2026)*
Team Member Role Hourly Rate Monthly Hours Monthly Fees Aaron Aknin Principal $ 270 9 $ 2,376
Nicholas Hamilton Public Policy Lead $ 195 41 $ 7,956
Kevin Gardiner Planning Director $ 240 14 $ 3,312
Sabina Mora Econ Dev Lead $ 195 9 $ 1,755
Jacob Garcia Senior Planner $ 176 30 $ 5,280
Sandy Council Housing Specialist $ 176 15 $ 2,710
As Assigned Associate Planner $ 150 19 $ 2,880
As Assigned Assistant Planner $ 135 19 $ 2,700
As Assigned Graphic Designer $ 105 4 $ 420
Subtotal 161 $ 29,389
Contingency (15%) $ 4,408
Materials $ 250
Estimated total monthly fees $ 34,048
*Calculated using 2025 rates, rates subject to change in January of each year in accordance with the CSA
7.b
Packet Pg. 223 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Estimated Costs for FY 2025-2026 (September 2025 through June 2026) by Task* Task Description Hours
(2025-2026)
Estimated Cost
(2025-2026)
1 Current Planning On Call 330 $ 60,300
2-A Housing Element Implementation 232 $ 46,890
2-B Zoning Modernization and ODS Outreach and Analysis 464 $ 79,200 2-C Annual Progress Report (2025 APR) 80 $ 14,775
2-D Public Sites Planning and Outreach 504 $ 92,729
Subtotal 1,610 $ 293,894
15% Contingency $ 44,084
Materials $ 2,500
Total $ 340,478
Optional Tasks $ 50,000
Total Including Optional Tasks $ 390,478
*Calculated using 2025 rates, rates subject to change in January of each year in accordance with the CSA
Task 1: Current Planning On Call Services
Provide on-call staff to review development proposals through in-person or remote means. This support may include providing front-counter support, responding to public inquiries, processing a range of planning applications, design review, zoning clearances, coastal development permits, etc.
Jacob Garcia, Senior Planner, will serve as project manager for this task. Project applications will be evaluated against the City’s Zoning Code, General Plan, and applicable design guidelines, specific plans, and state law. This support may also include coordinating interdepartmental reviews, preparation of completeness or compliance letters, preparation of staff reports and presentation of projects to decision makers at public meetings and hearings.
Throughout the project review Good City staff will provide project management services, organize regular check-in meetings, track time and costs, and document project timeline and milestones.
If applicable, we will also manage the projects compliance with the California Environmental Quality Act (CEQA), including engaging and selecting CEQA consultants to identify the appropriate level of environmental review via an RFP process or the city’s on-call environmental bench, coordinating data needs among the CEQA consultant and applicant, reviewing CEQA documents, and facilitating project alternatives development.
Task 1 Deliverables:
7.b
Packet Pg. 224 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
1.1 Project documentation may include staff reports, determination letters, and presentations Task 2-A: Housing Element Implementation
Good City Company will support the City in developing a Housing Element Implementation Plan. Good City will also conduct quarterly updates on the Housing Element Implementation Plan as the City’s progress, needs, resources, and priorities evolve over time. Good City will also support the City in developing and implementing content revisions to the current Plan Pacifica and Community Development Department websites and other public-facing external communication materials. Good City will also support additional Housing Element Implementation tasks as assigned. Nicholas Hamilton, Public Policy Lead, will serve as project manager for this task.
Task 2-A Deliverables:
2-A.1 Quarterly updates of the Housing Element Implementation Plan Task 2-B: Zoning Modernization and ODS Outreach and Analysis The City wishes to modernize its existing zoning code and implement residential and residential-mixed use objective design standards to align with and implement the General Plan 2040, the 2023-2031 Housing Element, and applicable state laws. As an initial “set-up phase” Good City proposes steps to begin this process including conducting initial community outreach activities and preparing an existing conditions report that audits the existing zoning code and summarizes the results of initial community outreach. Nicholas Hamilton, Public Policy Lead, will serve as project manager for this task. Good City will develop a project timeline with key milestones for the overall process and organize and facilitate twice monthly project meetings to share progress, address issues promptly, and ensure clear communication among the ODS Project Team. Good City will maintain a project dashboard accessible to City staff and organize biweekly project progress meetings.
Good City will Conduct an analysis of the current zoning code, general plan, housing element, design guidelines, objective design standards, and state laws. Good City will also evaluate current zoning districts and their alignment with the General Plan. Good City will also assess the effectiveness and clarity of key existing regulations through analysis of the documents and interviews with staff and applicants.
Good City will work with City staff and key partners such as HEART of San Mateo to design the community engagement strategy. Good City will work with City staff to conduct community engagement activities with a focus on gathering insights from key stakeholders with experience with the City’s development and entitlement processes.
Good City will prepare and existing conditions report. Good City recommends holding a study session of the City Council to discuss the results of the existing conditions analysis and consider
7.b
Packet Pg. 225 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
possible next steps in a zoning modernization and objective design standards development project.
Task 2-B Deliverables:
2-B.1 Detailed project timeline
2-B.2 Meeting agendas and notes
2-B.3 Draft existing conditions report
2-B.4 Final existing conditions report
2-B.5 Provide support to two community engagement activities for the general public 2-B.6 Conduct structured interviews with five recent developers and architects or organize one focus group with developers and architects and draft summary of key findings 2-B.7 City Council Study Session: Participate in one meeting, develop staff report, and create slide deck Task 2-C: Annual Progress Report (2025 Housing Element APR) Good City will support the City in developing its 2025 Housing Element APR. This task will involve compiling a final update on progress of all Implementation Actions of the 2023-2031 Housing Element.
It will also include gathering required statistics on permits and development prepared by City staff. The task will also include preparation of materials and presentation to the City Council. Sabina Mora, Economic Development Lead, will serve as project manager for this task.
Task 2-C Deliverables:
2-C.1 Housing Element Annual Progress Report for 2025 (final) 2-C.2 Participation in one City Council meeting
Task 2-D: Public Sites Planning and Outreach
Good City Company will serve as a project manager to explore the potential for housing development on publicly owned sites and facilitate the development of housing on those sites. The activities below are intended to implement many of the implementation actions within Housing Element Program HE-I3. Nicholas Hamilton, Public Policy lead, will serve as project manager for this task. City-owned sites: Good City Company will serve as a project manager to evaluate the potential of City-owned site (Sanchez Library) and seek affordable housing developer interest in conformance with any applicable Surplus Land Act requirements. Good City will design and support City staff in facilitating a community engagement process to identify community vision and priorities for the site. This task may include engaging an architectural firm such as Van Meter Williams Pollack to as a subconsultant to provide additional site-specific analysis as part of a fit study. This process would also include a study session with the City Council. Good City will also support the City in determining the process under the SLA by which the City will propose to transfer each site, which may include a declaration that a site is exempt under the SLA or that the City plans to issue a Notice of Availability to transfer a site and, if appropriate, support the City in developing an RFP for City-owned sites. (Reference HE-I-1.6 and HE-I-3.1.c)
7.b
Packet Pg. 226 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
District-owned sites: Serve as a project manager to facilitate proactive engagement with school districts on district-owned sites; provide early-development support including SLA and RFP development, explore if City would take on being lead agency for CEQA, etc. (Reference HE-I3.1.a) State-owned sites (Caltrans and Skyline Water Tank): Serve as a project manager to facilitate proactive engagement with Caltrans on State-owned sites; provide early-development support including SLA and RFP development, explore if City would take on being lead agency for CEQA, etc. (Reference HE-I-3.1.b)
Corp Yard: Serve as project manager to pursue a partnership with Pacifica School District to explore implementation requirements of an interagency partnership to use the City's current corporation yard for district offices, ideally including housing above, and consolidate City and Pacifica School District corporation yard functions at the existing Pacifica School District corporation yard at 375 Reina del Mar (Reference HE-I-3.1.d) Other City-owned sites: Collaborate with staff to draft a memo summarizing all City-owned land and indicating site location, size, current use, key adjacencies, and a general indication of the site’s potential for housing development. A detailed market analysis would be beyond the scope of this inventory. (Reference HE-I-3.2)
Task 2-D Deliverables:
2-D.1 Meetings with external stakeholders
2-D.2 Staff report and presentation materials in support of recommended approaches 2-D.3 Community engagement plan
2-D.4 Participate in community engagement activities
2-D.5 Sanchez Library site fit study
2-D.6 City-owned sites inventory (memo)
2-D.7 City Council Study Session (one)
7.b
Packet Pg. 227 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Project Schedule
This scope of work is anticipated to be initiated in September 2025 and conclude in June 2026, with an option to extend or amend with written mutual agreement by the City and Good City Company. 2025 2026
Description J A S O N D J F M A M J
1 Current Planning On Call
2-A Housing Element Implementation
2-B
Zoning Modernization and ODS
Outreach and Analysis
2-C Annual Progress Report (2025 APR)
2-D Public Sites Planning and Outreach
7.b
Packet Pg. 228 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Proposed Scope of Work and Cost Estimate for
Planning Services for July 2026-June 2027
City of Pacifica
November 19, 2025
The scope of work proposed below outlines our understanding of the services desired by the City of Pacifica throughout FY 2026-2027. The services are grouped into two proposed tasks.
Estimated Monthly Fees (2026-2027)*
Team Member Role Hourly Rate Monthly Hours Monthly Fees Aaron Aknin Principal $ 270 13 $ 3,623
Nicholas Hamilton Public Policy Lead $ 195 33 $ 6,403
Kevin Gardiner Planning Director $ 240 10 $ 2,400
Sabina Mora Econ Dev Lead $ 195 6 $ 1,121
Jacob Garcia Senior Planner $ 176 30 $ 5,280
Sandy Council Housing Specialist $ 176 38 $ 6,688
As Assigned Associate Planner $ 150 ** **
As Assigned Assistant Planner $ 135 19 $ 2,520
As Assigned Graphic Designer $ 105 ** **
Subtotal 142 $ 28,034
Contingency (15%) $ 4,205
Materials $ 208
Estimated total monthly fees $ 32,448
*Calculated using 2025 rates, rates subject to change in January of each year in accordance with the CSA
**Additional staff can be assigned if required
7.b
Packet Pg. 229 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Estimated Costs for FY 2026-2027 by Task*
Task Description Hours
(2025-2026)
Estimated Cost
(2025-2026)
1 Current Planning On Call 396 $ 72,360
2-A Housing Element Implementation 600 $ 119,640
2-B Zoning Modernization and ODS Outreach and Analysis - - 2-C Annual Progress Report (2025 APR) 80 $ 14,775
2-D Public Sites Planning and Outreach 708 $129,636
Subtotal 1,698 $ 336,411
15% Contingency $ 50,462
Materials $ 2,500
Total $ 389,373
Optional Tasks $50,000
Total Including Optional Tasks $ 439,373
*Calculated using 2025 rates, rates subject to change in January of each year in accordance with the CSA
Task 1: Current Planning On Call Services
Provide on-call staff to review development proposals through in-person or remote means. This support may include providing front-counter support, responding to public inquiries, processing a range of planning applications, design review, zoning clearances, coastal development permits, etc.
Jacob Garcia, Senior Planner, will serve as project manager for this task. Project applications will be evaluated against the City’s Zoning Code, General Plan, and applicable design guidelines, specific plans, and state law. This support may also include coordinating interdepartmental reviews, preparation of completeness or compliance letters, preparation of staff reports and presentation of projects to decision makers at public meetings and hearings.
Throughout the project review Good City staff will provide project management services, organize regular check-in meetings, track time and costs, and document project timeline and milestones.
If applicable, we will also manage the projects compliance with the California Environmental Quality Act (CEQA), including engaging and selecting CEQA consultants to identify the appropriate level of environmental review via an RFP process or the city’s on-call environmental bench, coordinating data needs among the CEQA consultant and applicant, reviewing CEQA documents, and facilitating project alternatives development.
7.b
Packet Pg. 230 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Task 1 Deliverables:
1.1 Project documentation may include staff reports, determination letters, and presentations Task 2-A: Housing Element Implementation
Good City Company will support the City in developing a Housing Element Implementation Plan. Good City will also conduct quarterly updates on the Housing Element Implementation Plan as the City’s progress, needs, resources, and priorities evolve over time. Good City will also support the City in developing and implementing content revisions to the current Plan Pacifica and Community Development Department websites and other public-facing external communication materials. Good City will also support additional Housing Element Implementation tasks as assigned. Nicholas Hamilton, Public Policy Lead, will serve as project manager for this task.
Task 2-A Deliverables:
2-A.1 Quarterly updates of the Housing Element Implementation Plan 2-A.2 Other Housing Element implementation tasks as assigned Task 2-B: N/A
Task 2-C: Annual Progress Report (2026 Housing Element APR) Good City will support the City in developing its 2026 Housing Element APR. This task will involve compiling a final update on progress of all Implementation Actions of the 2023-2031 Housing Element.
It will also include gathering required statistics on permits and development prepared by City staff. The task will also include preparation of materials and presentation to the City Council. Sabina Mora, Economic Development Lead, will serve as project manager for this task.
Task 2-C Deliverables:
2-C.1 Housing Element Annual Progress Report for 2026 (final) 2-C.2 Participation in one City Council meeting
Task 2-D: Public Sites Planning and Outreach
Good City Company will serve as a project manager to explore the potential for housing development on publicly owned sites and facilitate the development of housing on those sites. The activities below are intended to implement many of the implementation actions within Housing Element Program HE-I3. Nicholas Hamilton, Public Policy lead, will serve as project manager for this task. City-owned sites: Good City Company will serve as a project manager and support the City in determining the process under the SLA by which the City will propose to transfer each site, which may include a declaration that a site is exempt under the SLA or that the City plans to issue a Notice of Availability to transfer a site and, if appropriate, support the City in developing
7.b
Packet Pg. 231 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
an RFP for City-owned sites and support associated implementation activities. (Reference HE-I1.6 and HE-I-3.1.c) District-owned sites: Serve as a project manager to facilitate proactive engagement with school districts on district-owned sites; provide early-development support including SLA and RFP development, explore if City would take on being lead agency for CEQA, etc. and support associated implementation activities. (Reference HE-I-3.1.a) State-owned sites (Caltrans and Skyline Water Tank): Serve as a project manager to facilitate proactive engagement with Caltrans on State-owned sites; provide early-development support including SLA and RFP development, explore if City would take on being lead agency for CEQA, etc. and support associated implementation activities (Reference HE-I-3.1.b) Corp Yard: Serve as project manager to pursue a partnership with Pacifica School District to explore implementation requirements of an interagency partnership to use the City's current corporation yard for district offices, ideally including housing above, and consolidate City and Pacifica School District corporation yard functions at the existing Pacifica School District corporation yard at 375 Reina del Mar (Reference HE-I-3.1.d) Other City-owned sites: Support City staff to implement additional actions on other City-owned sites to be defined during FY 2025-2026 (Reference HE-I-3.2) Task 2-D Deliverables:
2-D.1 Meetings with external stakeholders
2-D.2 Staff report and presentation materials in support of recommended approaches 2-D.4 Participate in community engagement activities
2-D.5 Sanchez Library site fit study
7.b
Packet Pg. 232 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City Good City Company | www.goodcityco.com
Project Schedule
This scope of work is anticipated to be initiated in July 2026 and conclude in June 2027, with an option to extend or amend with written mutual agreement by the City and Good City Company. 2026 2027
Description J A S O N D J F M A M J
1 Current Planning On Call
2-A Housing Element Implementation
2-B N/A
2-C Annual Progress Report (2025 APR)
2-D Public Sites Planning and Outreach
7.b
Packet Pg. 233 Attachment: Attachment B: Tenth Amendment to Good City Company Agreement to Provide On-Call Planning Services (6089 : Good City
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Appointment to the San Mateo County Mosquito & Vector Control District RECOMMENDED ACTION:
Re-appoint Peter DeJarnatt to the San Mateo County Mosquito & Vector Control District Board of Trustees as the City of Pacifica representative for a four-year term to expire December 31, 2029.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
The San Mateo County Mosquito & Vector Control District serves the citizens of San Mateo County with a mission to safeguard health and comfort of citizens through a science-based Integrated Vector Management Program. The San Mateo County Mosquito & Vector Control District’s Board of Trustees is comprised of 21 members, one representative from each city / town and one representative for the County at-large. Board meetings are held at 6:00pm on the second Wednesday of each month at the District office at 1351 Rollins Road in Burlingame.
Peter DeJarnatt, currently holds the position as the City of Pacifica representative on the Board of Trustees of the San Mateo County Mosquito & Vector Control District. Trustee DeJarnatt’s current term expires December 31, 2025. Trustee DeJarnatt was previously appointed as the City of Pacifica’s representative on the San Mateo County Mosquito & Vector Control District’s Board of Trustees in February 2018 and re-appointed in December 2021. In 2021, the City recruited applicants for the position on the Board of Trustees and the incumbent, Peter DeJarnatt, submitted the sole application in response to the recruitment.
The California Health and Safety Code, Section 2020-2030, dictates appointments to Vector Control Boards:
• The City Council of each city or town may appoint one person to the board of trustees; • The term of office for a member of the board of trustees shall be for a term of two or four years;
• Terms of office begin at noon on the first Monday in January A City Councilmember may now be appointed to the Board of Trustees due to the incompatibility of office doctrine being addressed by SB 1588 (2002).
Upon notification of the expiring term, Trustee DeJarnatt indicated interest in being re-appointed as the City of Pacifica’s representative on the San Mateo County Mosquito & Vector Control 8 Packet Pg. 234
Pacifica City Council 2
November 24, 2025
District’s Board of Trustees for a subsequent four-year term to expire December 31, 2029.
Trustee DeJarnatt has represented the City of Pacifica well in this capacity and the recommended action is to re-appoint Peter DeJarnatt to the San Mateo County Mosquito & Vector Control District Board of Trustees for a subsequent four-year term.
ALTERNATIVE ACTION:
Council may choose to re-appoint Peter DeJarnatt to a subsequent term on the San Mateo County Mosquito & Vector Control District Board of Trustees to a two-year term to expire December 31, 2027. Council may choose not to re-appoint Peter DeJarnatt to a subsequent term on the San Mateo County Mosquito & Vector Control District Board of Trustees and direct staff to open a full recruitment for interest to residents of the City of Pacifica to serve as Pacifica’s representative on the Board of Trustees for the San Mateo County Mosquito & Vector Control District and make an appointment to a two or four-year term from applications received.
Council may choose to nominate and appoint a Councilmember as the representative on this District for either at two or four-year term.
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Notice of Expiring Term SMC Mosquito & Vector Control District (PDF) Attachment B: Application to SMCMVDC - DeJarnatt, Peter (2021 recruitment) (PDF) 8 Packet Pg. 235
8.a
Packet Pg. 236 Attachment: Attachment A: Notice of Expiring Term SMC Mosquito & Vector Control District (6079 : Appointment to SMC Mosquito & Vector
8.b
Packet Pg. 237
Attachment: Attachment B: Application to SMCMVDC - DeJarnatt, Peter (2021 recruitment) (6079 : Appointment to SMC Mosquito & Vector
8.b
Packet Pg. 238
Attachment: Attachment B: Application to SMCMVDC - DeJarnatt, Peter (2021 recruitment) (6079 : Appointment to SMC Mosquito & Vector
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Public Hearing to Consider Adoption of an Ordinance to Adopt by reference the 2025 Edition of the California Building Standards Code and Fire Code with Local Amendments.
RECOMMENDED ACTION:
Move to take the following actions:
1) Adopt by title only and waive the second reading of an Ordinance of the City Council of the City of Pacifica:
a. Repealing and replacing Chapters 1 -9 within Title 8 (Building Regulations) of the Pacifica Municipal Code related to Building Regulations and to adopt by reference the 2025 California Building Standards Code (Cal.Code Regs., Title 24): Parts 2 (California Building Code), 2.5 (California Residential Code), 3 (California Electrical Code), 4 (California Mechanical Code), 5 (California Plumbing Code), 6 (California Energy Code), 7 (California Wildland-Urban Interface Code), 8 (California Historical Buildings Code), 10 (California Existing Buildings Code), 11(California Green Building Code) and 12 (California References Standards Code); and the 2024 International Property Maintenance Code, certain appendices and making certain amendments thereto, including violation penalties;
b. Repealing and replacing Article 1 (Fire Code) of Chapter 3 (Fire Protection) of Title 4 of the Pacifica Municipal Code to adopt by reference Part 9 (California Fire Code) of the 2025 California Building Standards (California Code of Regulation, certain appendices and making certain amendments thereto; and
c. Finding adoption of the Ordinance exempt from the California Environmental Quality Act
STAFF CONTACT:
Samantha Updegrave, Community Development Director
(650) 738-7341
[email protected]
Craig Wittner, Acting Deputy Fire
Chief (650) 463-9766
[email protected]
Greg McFann, Certified Building Official
CSG Consulting
[email protected]
BACKGROUND/DISCUSSION:
Every three years, the California Building Standards Commission adopts new versions of the California Building Standards Code, pursuant to the California Code of Regulations, Title 24. Every city and county is required to adopt ordinances or regulations imposing the same requirements as those contained in the most recently adopted version of the 9 Packet Pg. 239
Pacifica City Council 2
November 24, 2025
California Building Standards Code. If no such ordinance is adopted, the standards set forth in Title 24 are still imposed on the city or county by default. Sections 17958, 17958.5, 17958.7, and 18941.5 of the Health & Safety Code provide that a city or county may make amendments to the California Building Standards that are reasonably necessary because of local climatic, geological, or topographical conditions.
California Government Code sections 50022.2 and 50022.3 require that for certain codes that are adopted by reference, the City must conduct the first reading and introduction of the ordinance and then schedule a public hearing for the second reading prior to adoption of the ordinance. Certain notice requirements for the second reading of the ordinance are set forth in Government Code sections 50022.3, which include publication of the notice in a local newspaper prior to the scheduled date of the second reading.
The proposed ordinance, included as Attachment 1, will repeal and re-enact portions of Pacifica Municipal Code (PMC) Title 8 (Building Regulations) and Title 4, Chapter 3, Article 1 (Fire Code), with local amendments. The Building/Fire local amendments are reasonably necessary due to the local climatic, geological, and topographical conditions of the City, as detailed in the required findings and exhibit of the ordinance.
With limited exceptions further detailed, below, the City of Pacifica has consistently over several code cycles adopted the local amendments contained in the proposed ordinance. Such local amendments are typical of the triennial update and are not changing from the existing Code and include but are not limited to amendments to the Building Code, Residential Code, Fire Code, Plumbing Code, and Electrical Code.
Green Building Standards Code
The City Council first adopted local amendments to the Green Building Standards Code during the 2019 code adoption process. At a study session on September 22, 2025, and during a consideration item on October 27, 2025, the City Council directed staff to prepare revisions to the existing building electrification standards as part of the 2025 code adoption process. Proposed local amendments would incorporate the City Council’s direction and would:
1) Remove all-electric requirement/references for new construction. 2) Remove code sections that have been superseded by the 2025 California Green Building Standards Code.
3) Council directed staff to review and analyze whether the percentage of standard Level 2 EV chargers multi-family dwelling units set forth in PMC 8-7.03, which amends section 4.106.4.2 of the California Green Building Standards, could be increased. After further review, it was confirmed that, to the extent this regulation would apply to residential dwellings, it could not be increased under the AB 130 exception (Health and Safety Code section 17958(b)(1) [the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025]) as it would substantially modify an existing regulation. As such, staff is recommending that this regulation remain unchanged. 4) Nonresidential bike parking: If bike parking is provided indoors, provide electrical outlets equal to 25 percent of the required bike parking spaces.
The proposed ordinance includes findings for the adoption of the local amendments based on local climatic, geological, or topographical conditions, which the City has done in previous code cycles. The proposed ordinance also includes findings specifying that the local amendments are 9 Packet Pg. 240
Pacifica City Council 3
November 24, 2025
consistent with and equivalent to changes or modifications previously filed with the State Building Standards Commission in the 2022 California Building Standards cycle. Staff recommends introducing the proposed ordinance as drafted and setting a public hearing to consider adoption of the proposed ordinance on November 24, 2025.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA), in that the adoption of State codes and the local amendments therein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
ALTERNATIVE ACTION:
The Council may decline to adopt local amendments or request modifications, including to the proposed local amendments. Should that be the case, the 2025 CBSC, without any local amendments would become effective January 1, 2026.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adoption of the 2025 CBSC and local amendments is not related to a City Council priority work plan item. However, adoption of certain local amendments, including Reach Codes, would support the following Council-adopted goals:
• Enhance organizational and fiscal stability.
• Pursue climate change adaptation and mitigation.
FISCAL IMPACT:
The Fiscal Year 2025-2026 adopted budget included $15,000 for costs associated with the 2025 California Building Code update. Staff estimates the budgeted amount should be sufficient for analysis and adoption of the state-mandated code and all local amendments identified in this staff report. Council direction to analyze other local amendments has the potential to incur additional costs that were not anticipated in the adopted budget.
ORIGINATED BY:
Community Development Department
ATTACHMENT LIST:
9 Packet Pg. 241
Pacifica City Council 4
November 24, 2025
ORDINANCE NO. (ID # 6085)
ORDINANCE NO. _______________
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTERS 1-9 WITHIN TITLE 8 (BUILDING REGULATIONS AND TO ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODE (CAL.CODE REGUS., TITLE 24): PARTS 2(CALIFORNIA BUILDING CODE), 2.5 (CALIFORNIA RESIDENTIAL CODE), 3 (CALIFORNIA ELECTRIC CODE), 4 (CALIFORNIA MECHANICAL CODE), 5 (CALIFORNIA PLUMBING CODE), 6 (CALIFORNIA ENERGY CODE), 7 (CALIFORNIA WILDLAND-URBAN INTERFACE CODE), 8 (CALIFORNIA HISTORICAL BUILDINGS CODE), 10 (CALIFORNIA EXISTING BUILDINGS CODE), 11(CALIFORNIA GREEN BUILDING CODE) AND 12 (CALIFORNIA REFERENCES STANDARDS CODE) ; AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, CERTAIN
APPENDICES AND MAKING CERTAIN AMENDMENTS THERETO, INCLUDING VIOLATION PENALTIES; REPEALING AND REPLACING ARTICLE 1 (FIRE CODE) OF CHAPTER 3 (FIRE PROTECTION) OF TITLE 4 OF THE PACIFICA MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATION, TITLE 24, PART 9), CERTAIN APPENDICES AND MAKING CERTAIN AMENDMENTS THERETO; AND
FINDING ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the Building Standards Commission has adopted and published the 2025 California Building Standards Code (California Code of Regulations, Title 24); and WHEREAS, the 2025 California Building Standards Code contains, amongst other parts, the California Administrative Code (Title 24, Part 1), California Building Code (Title 24, Part 2), California Residential Code (Title 24, Part 2.5), California Electrical Code (Title 24, Part 3), California Mechanical Code (Title 24, Part 4), California Plumbing Code (Title 24, Part 5), California Energy Code (Title 24, Part 6), California Wildland-Urban Interface Code (Title 24, Part 7), California Historical Building Code (Title 24, Part 8), California Fire Code (Title 24, Part 9), California Existing Building Code (Title 24, Part 10), the California Green Building Standards Code (Title 24, Part 11), and the California Referenced Standards Code (Title 24 Part 12); and WHEREAS, the Building Standards Commission readopts new editions of the California Building Standards Code as set forth in Title 24 of the California Code of Regulations every three years, which goes into effect statewide 180 days after adoption by the Building Standards Commission; and
WHEREAS, Sections 17922, 17958, and 18941.5 of the California Health & Safety Code provide that the governing body of every city or county shall adopt ordinances or regulations imposing the same requirements as those contained in the most recently adopted version of the California Building Standards Code; and
WHEREAS, Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health & Safety Code provide that a city or county may make amendments to the California Building Standards to make changes or modifications that are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the Council has reviewed the local amendments set forth herein and finds 9 Packet Pg. 242
Pacifica City Council 5
November 24, 2025
that they are consistent with and equivalent to changes or modifications previously filed by the City of Pacifica with the State Building Standards Commission amending the 2022 Building Standards and there is no material change in regulatory effect to the standards in effect in the City of Pacifica as of September 30, 2025. Additionally, certain changes or modifications previously filed relate to home hardening and continue to be necessary due to local climatic, geologic or topographical conditions, as described below.
WHEREAS, as required Health and Safety Code 17958.7(a), the amendments to the California Building Standards Code adopted by this ordinance and as described herein are necessary for the protection of the public health, safety and welfare due to the local climatic, geologic or topographical conditions as described in the findings adopted herein; and WHEREAS, at a public meeting on September 22, 2025, the City Council received a presentation on reach codes and the City Council provided direction to the City Manager to prepare Reach Codes for Council’s future consideration; and WHEREAS, the City of Pacifica is comprised of a number of cul-de-sacs off of Highway 1, which divides the City into distinct districts. Each of these districts is isolated from each other by the topography of the City. The City is bordered to the west by the Pacific Ocean and to the east by hills that separate the City from other communities; and WHEREAS, a series of overpasses span Highway 1. The collapse of one or more of these overpasses would greatly restrict access to the majority of the City. Highway 1 narrows at two points in the City. A major accident at these choke points also restricts the ability to provide emergency services throughout the City. Several of the districts within the City, such as Vallemar, Rockaway, and Pedro Point have narrow roads in which parking is either not permitted or is limited to one side of the street only. The roads are steep, between 10 to 19 percent in grade, and wind along the contours of the hillsides. These conditions add to the response times of emergency vehicles and also limit the number of emergency vehicles that can be sent to any particular address in these areas; and
WHEREAS, the City of Pacifica is subject to ground tremors from large seismic events along the San Andreas, Loma Prieta, and Seal Cove faults. A part of the City is within the Alquist/Priolo special studies zone, as shown in the Alquist-Priolo Earthquake Fault Zone Act of 1972. Seismological evidence indicates there is a probability of an earthquake in the region ranging from 5 to 7 on the Richter Scale. This potential for earthquakes influences fire protection planning. A major seismic event would create a Citywide demand on fire protection service, which would be beyond the response capacity of the fire department. Structural damage to the overpasses on Highway 1 would seriously delay emergency vehicle access to major parts of the City; and
WHEREAS, the City of Pacifica is unique in its climatic conditions. According to records found at the National Weather Service, the average yearly rainfall for the City is approximately 25” to 30”, with a high of 65” in 1995. This rainfall normally occurs from November to April.
During the summer months, there is generally no measurable precipitation. Temperatures for this dry period can range into the 80’s to 90’s Fahrenheit and are frequently accompanied by light to gusty winds. With the extensive Urban-Wild land interface that surrounds the City, the potential for a major fire is high; and
WHEREAS, overhead utility lines are a leading cause of major fires, as evidenced by the 2021 Dixie Fire, which burned close to 1 million acres and destroyed over 1,000 structures, and was caused by a tree contacting electrical distribution lines. Other major fires caused by overhead utilities included the 2015 Butte Fire and the 2018 Paradise fire, which resulted in the deaths of 85 people and the destruction of the entire town of Paradise, California; and 9 Packet Pg. 243
Pacifica City Council 6
November 24, 2025
WHEREAS, in addition to posing significant health and safety risks due to fire danger, overhead utility lines have a negative impact on scenic resources throughout the City, including scenic vistas and viewsheds; and
WHEREAS, in light of the above, the City desires to modify the California Building Standards Code to require that all utilities for new buildings be installed underground as described herein; and
WHEREAS, Pacifica is located adjacent to the Pacific Ocean and significant areas of the City are subject to extreme wave heights, severe bluff erosion and flooding which cause damage to public facilities and private property, especially during heavy rainfall and El Nino winters. Pacifica is one of a minority of California local jurisdictions that is located within the Coastal Zone, where the intensity of the aforementioned coastal waves and flooding are projected to increase as a result of sea level rise and climate change. A primary cause of climate change is earth’s increasing temperature that is the result of greenhouse gases released from the burning of fossil fuels, including natural gas used for heating and cooking within new and existing buildings; and
WHEREAS, due to its proximity to the Pacific Ocean, Pacifica is at risk from a potential tsunami hazard if a major earthquake occurs in the Pacific Ocean resulting in a wave run-up.
The approximate wave run-up height of 20 feet presents a risk to structures and individuals in the area, as there are approximately 900 existing dwelling units within Pacifica’s tsunami run-up area, as well as important community services and facilities; and WHEREAS, Pacifica is framed by ridges of the Coast Range on the east and is home to 37 mountain summits and peaks. Hillside stability is a critical hazard. Slope failures and surficial landslides are a significant hazard, and runoff from heavy rain or ground-shaking are most likely to activate landslides in the hilly terrain; and
WHEREAS, Pacifica is exposed to more extreme weather than elsewhere in the Bay Area, including strong winds, almost constant exposure to salt air and frequent heavy rains during the winter months. The off-shore high pressure system and upwelling of deeper, cold water just off the coast result in frequent summer fog; and WHEREAS, adoption of this ordinance will update the City of Pacifica’s building standards for all types of buildings to reflect the most recent improvements in design and construction techniques, and will provide a level of safety to building occupants intended by the State in its code adoption process; and
WHEREAS, the California Building Standards Code has not fully addressed the climatic, geological, or topographical conditions in the City of Pacifica and as such, amendments are necessary to address the climatic, geological and topographical considerations identified herein; and
WHEREAS, the City Council of Pacifica is not required to make an express finding for amendments necessary to carry out the application of the California Building Standards Code that do not otherwise modify a Building Standard; and
WHEREAS, certain amendments to the California Building Standards Code have been recommended by the Pacifica Fire Marshal; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council held on September 22, 2025, October 27, 2025, November 10, 2025, and November 24, including any supporting reports by City staff, and 9 Packet Pg. 244
Pacifica City Council 7
November 24, 2025
any information provided during public hearings and the City has given proper notice of the adoption of the various building codes and standards by reference pursuant to California Government Code sections 50022.2 and 50022.3.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain and find 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. Environmental Review. The City Council finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
Section 3. Local Amendments. The City Council of the City of Pacifica expressly finds and declares in accordance with Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health & Safety Code that the amendments, additions, and deletions to the California Building Standards Code set forth below are reasonably necessary because of the local climatic, geological, and topographical conditions described above and more specifically identified in the findings described above and further set forth in Exhibit A.
Section 4. Repeal . Chapters 1 (Building Code), 2 (Mechanical Code), 3 (Plumbing Code), 4 (Electrical Code), 5 (International Property Maintenance Code), 6 (Energy Code), 7 (Green Building Code), 7.5 (Residential Code), 8 (Historical Buildings Code), 8.5 (Existing Buildings Code), and 9 (Reference Standards Code) of Title 8 (Building Regulations) of the Pacifica Municipal Code are hereby repealed in their entirety; however, such repeal shall not affect or excuse any violation of said Chapters that occurred prior to the effective date of this ordinance; nor shall such repeal impede, impact, or negate any administrative, civil, or criminal enforcement of said Chapters that that commenced prior to the enforcement date of this ordinance.
Section 5. Amendment. Chapters 1 (Building Code), 2 (Mechanical Code), 3 (Plumbing Code), 4 (Electrical Code), 5 (International Property Maintenance Code), 6 (Energy Code), 7 (Green Building Code), 7.5 (Residential Code), 8 (Historical Buildings Code), 8.5 (Existing Buildings Code), 9 (Reference Standards Code) and Chapter 22 (Wildland-Urban Interface Code) within Title 8 (Building Regulations) of the Pacifica Municipal Code are hereby amended or added to read in their entirety as follows:
9 Packet Pg. 245
Pacifica City Council 8
November 24, 2025
“CHAPTER 1. BUILDING CODE
Sec. 8-1.01. Adoption of the California Building Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 35, including Chapter 1 Division II Scope and Administration, Appendix C ("Group U - Agricultural Buildings"), Appendix G ("Flood-Resistant Construction"), Appendix I (Patio Covers) and Appendix J ("Grading"), of that certain Code designated as the California Building Code, 2025 Edition [Title 24, California Code of Regulations, Part 2], which incorporates and amends the 2024 Edition of the International Building Code published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Building Code for the City.
Sec. 8-1.02. Amendments: Section 1.11.2.1 ("Enforcement").
Section 1.11.2.1.1 of Chapter 1, Division I of the California Building Code shall be amended to read as follows:
The City of Pacifica specifically delegates the enforcement of building standards adopted by the State Fire Marshal, and published in the Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, as they relate to Group R-3 Occupancies (one and two family dwellings) to the Building Official of the City of Pacifica.
Sec. 8-1.03. Amendments: Section 105.3 ("Application for a permit").
Section 105.3.3 shall be added to the California Building Code to read as follows:
Section 105.3.3 Improvements Required Prior to the Issuance of Building Permits and Exceptions.
The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.
Exceptions:
(1) When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may deem it feasible.
(2) Sidewalks shall not be required prior to the issuance of a building permit for the 9 Packet Pg. 246
Pacifica City Council 9
November 24, 2025
construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.
Sec. 8-1.04. Amendments: Section 105.6 ("Suspension or revocation").
Section 105.6 of the California Building Code shall be amended in its entirety to read as follows:
105.6 Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.
The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.
Sec. 8-1.05. Amendments: Section 105.8 ("Hours of construction").
Section 105.8 shall be added to the California Building Code read as follows:
Section 105.8 Hours of Construction: The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.
Sec. 8-1.06. Amendments: Section 109.4 ("Work commencing before permit issuance").
Section 109.4 of the California Building Code is hereby amended in its entirety to read as follows:
109.4 Work Commencing Before Permit Issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued. Such fees shall not limit the imposition and collection of any other applicable fees that may be required by the Building Official, including fees for inspections and testing necessitated by illegal construction.
Sec. 8-1.07. Amendments: Section 111.2.1 ("Certificate issued").
Section 111.2.1 shall be added to the California Building Code read as follows:
111.2.1 Improvements Prior to Occupancy of Structures and Utility Service Exceptions. (a) No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public 9 Packet Pg. 247
Pacifica City Council 10 November 24, 2025
improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section 105.3.3 have been installed and approved by the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including, but not limited to, any applicable conditions of approval imposed on the project by approval of a discretionary permit.
(b) When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to ensure completion shall be posted for the completion of the required improvements.
Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.
Sec. 8-1.08. Amendments: Section 112.4 ("Service Utilities: Underground Utilities") Section 112.4 is hereby added to the California Building Code to read as follows:
Section 112.4 Underground Utilities.
112.4.1 Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City's authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.
112.4.2 Undergrounding Requirements.
(a) Persons constructing any structure subject to this Code shall underground all utility lines as follows:
(i) All on-site utility lines must be placed underground; (ii) All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and
(iii) If any utility lines are being upgraded, the upgraded portions as well as the preexisting lines shall be placed underground. (b) Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:
(i) The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;
(ii) The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the 9 Packet Pg. 248
Pacifica City Council 11 November 24, 2025
structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or
(iii) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines. 112.4.3 Undergrounding Standards.
(a) All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met. (b) In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City, county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.
Sec. 8-1.09. Amendments: Section 113 ("Means of Appeals").
Section 113.1 of the California Building Code is hereby amended to read as follows:
113.1 General
Any person who is aggrieved by an order, decision or determination of the Building Official or the Building Official's determination of this code may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding. Appeals shall be heard as follows:
(1) Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.
(2) At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons 9 Packet Pg. 249
Pacifica City Council 12 November 24, 2025
concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. (3) Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding. (4) If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.
Sec. 8-1.10. Amendments: Section 114.4 ("Violation penalties").
Section 114.4 of the California Building Code is hereby amended in its entirety to read as follows:
114.4 Violation Penalties. Any person, firm or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
Sec. 8-1.11. Amendments: Section 117 ("Procedures for Legalizing Unpermitted Structures or Grading").
Section 117 shall be added to the California Building Code to read as follows:
117. Procedure for Legalizing Unpermitted Structures or Grading. 117.1 Permits. Any person who wishes to legalize an "unpermitted structure" or "unpermitted grading" shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized. 117.2 Plans.
117.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval. 117.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted 9 Packet Pg. 250
Pacifica City Council 13 November 24, 2025
grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.
117.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
117.4 Investigation Fees.
117.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading. 117.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section 109.4 of this Code.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law. 117.5 Unpermitted Structures or Grading Which Cannot be Legalized. If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.
If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.
If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections and approvals.
Sec. 8-1.12. Amendments: Section 202 ("Definitions").
Section 202 of the California Building Code is hereby amended to add the following definitions:
BOARD OF APPEALS. The Emergency Preparedness & Safety Commission of the City 9 Packet Pg. 251
Pacifica City Council 14 November 24, 2025
of Pacifica.
TECHNICAL CODES. The California Building Standards Code, Title 24 California Code of Regulations, Parts 1- 12, and the International Property Maintenance Code, as adopted by the City of Pacifica, and as further amended by the City of Pacifica in Title 8 of the City of Pacifica Municipal Code.
Sec. 8-1.13. Amendments: Section 903.2 ("Where Required").
Section 903.2 of the California Building Code is hereby amended in its entirety to read as follows:
903.2 Where Required.
A. Newly Constructed Buildings and Structures. An automatic fire sprinkler system shall be installed in all new occupancies and locations.
Exception. Detached U occupancies not exceeding 1,000 square feet in size, when accessory to an R-3 dwelling.
B. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.
Exceptions:
1. When an addition to an R-3 occupancy is less than 1,000 square feet in size and when an addition to all other occupancies is less than 500 square feet in size, no sprinklers are required in either the addition or the existing building.
2. When specifically exempted by the Fire Code Official.
3. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling.
C. Car Stackers. Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to the current edition of NFPA 13. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.
The area of application may be reduced from the required 2,500 sq. ft. to as low as 1,500 sq. ft. if:
1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls;
2. The car stacker areas are divided up into 1,500 sq. ft. areas via 1-hour fire rated walls; and
3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.
One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all 9 Packet Pg. 252
Pacifica City Council 15 November 24, 2025
sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.
Sec. 8-1.14. Amendments: Section 1507.8 ("Wood shingles").
Section 1507.8 of the California Building Code is hereby amended to read as follows:
1507.8 Wood shingles. The use of wood shingles for roofs on new construction is prohibited. Existing wood shingle roofs may be recovered or repaired by using fire retardant treated shingles. Additions or alterations to existing structures may have wood shingles roofs of fire retardant treated shingles if the existing roof covering is of wood shingle construction.
Sec. 8-1.15. Amendments: Section 1507.9 ("Wood Shakes").
Section 1507.9 is hereby added to the California Building Code to read as follows:
1507.9 Wood Shakes. The use of wood shakes for roofs on new construction is prohibited. Existing wood shake roofs may be recovered or repaired by using fire retardant treated shakes. Additions or alterations to existing structures may have wood shake roofs of fire retardant treated shakes if the existing roof covering is of wood shake construction.
Sec. 8-1.16. Amendments: Section 1803 ("Geotechnical Investigations") Section 1803.5.13 is hereby added to the California Building Code to read as follows:
1803.13 Investigation of Off-site Conditions.
The following requirements shall apply to any site located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica:
1. A registered design professional shall evaluate potential off-site geotechnical hazards, including, but not limited to, those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.
2. When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable.
3. The building official shall not issue a building permit until any project design feature(s) identified by the evaluation required in this subsection has or have been incorporated into the project plans.
4. The evaluation required in this subsection shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publicly-accessible areas in the vicinity of the project site, including, but not limited to, public rights-of-way and public open spaces. This subsection shall not require or authorize entry onto neighboring properties for any purpose, including, but not limited to, obtaining soil borings.
9 Packet Pg. 253
Pacifica City Council 16 November 24, 2025
5. The registered design professional may seek a waiver from the requirements of this subsection to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project. The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of this Code, and no other lesscostly feature can be incorporated into the project design to reduce the identified hazard(s).
The requirements of this subsection shall be supplementary to and shall not replace or substitute for any other geotechnical investigation or geohazard investigation required by this Code or any other provision of law. Except, however, when another provision of this Code may provide for waiver or exemption from geotechnical investigation, the provisions of this subsection shall still apply.
Sec. 8-1.17. Amendments: Appendix J, Section J103.1 ("Permits Required").
Section J103.1 of Appendix J of the California Building Code shall be amended to read as follows:
J103.1 Permits Required.
(a) Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. (b) No grading, excavating or filling shall be conducted between the hours of 6:00 p.m. and 7:00 a.m. of any day, or on Saturday or Sunday at any time, without the prior approval of the Building Official. The Building Official shall notify the Department of Police whenever such approval has been granted.
(c) The period between October 1 and April 30, inclusive, is hereby determined to be the period in which heavy rainfall normally occurs in the City of Pacifica. No grading, excavating or filling requiring a grading permit pursuant to Appendix J of the California Building Code as herein amended shall be authorized by the Building Official during that period unless he or she determines in writing that such work will not endanger the public health or safety and that appropriate erosion control devices or methods will be provided.
(d) Any grading, excavating or filling which requires a grading permit and, having been granted said permit, either begins during or extends into the period between October 1 and April 30, inclusive, shall be protected by temporary devices to prevent erosion. Proposed erosion control devices or methods shall be submitted with the grading plans to the Building Official and approval of both the grading plan and the erosion control devices and methods must be obtained not later than September 30. All such approved erosion control devices or methods shall be installed not later than October 1 for previously approved ongoing earthwork operations. For earthwork operations approved by the Building Official to start between October 1 and April 30, inclusive, all approved erosion control devices must be in place before earthwork activities may commence.
(e) When determined by the Building Official that a bond is required in order to 9 Packet Pg. 254
Pacifica City Council 17 November 24, 2025
ensure that the work will be completed in accordance with the approved plans, specifications and conditions of approval, due to the nature, location, time of year or amount of work to be done, such bond shall be in conformance with City of Pacifica Administrative Policy No. 48. Surety bonds, cash bonds, instruments of credit or other forms of security shall comply with the provisions of City of Pacifica Administrative Policy No. 48.
CHAPTER 2. MECHANICAL CODE
Sec. 8-2.01. Adoption of the California Mechanical Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 18, including Appendix F ("Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design") of that certain Code designated as the California Mechanical Code, 2025 Edition [Title 24, California Code of Regulations, Part 4], which incorporates and amends the 2024 Edition of the Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Mechanical Code for the City.
CHAPTER 3. PLUMBING CODE
Sec. 8-3.01. Adoption of the California Plumbing Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 17 including Appendix A ("Recommended Rules for Sizing the Water Supply System), Appendix B ("Explanatory Notes on Combination Waste and Vent Systems"), Appendix C ("Alternate Plumbing Systems"), Appendix D ("Sizing Storm Water Drainage Systems"), Appendix E ("Manufactured/Mobile Home Parks and Recreational Vehicle Parks"), Appendix G ("Sizing of Venting Systems"), Appendix I ("Installation Standards"), Appendix J ("Combination of Indoor and Outdoor Combustion and Ventilation Opening Design"), Appendix K ("Potable Rainwater Catchment Systems") of that certain code designated as the California Plumbing Code, 2025 Edition [Title 24, California Code of Regulations, Part 5], which incorporates and amends the 2024 Edition of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Plumbing Code for the City.
Sec. 8-3.02. Amendments: Section 719 ("Cleanouts").
Section 719.7 is hereby added to read as follows:
719.7 Cleanouts. When a main sewer is located in the street, alley, or easement, there shall be provided a cleanout within the City right-of-way at the property line. The riser 9 Packet Pg. 255
Pacifica City Council 18 November 24, 2025
shall be of cast iron, the same size as the drain served, brought up to grade level by a wye and branch fitting, and the top of same shall be provided with a regulation cleanout of four inch (4") minimum size within a sidewalk box, with removable cover.
CHAPTER 4. ELECTRICAL CODE
Sec. 8-4.01. Adoption of the California Electrical Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 9, including Article 89, of that certain Code designated as the California Electrical Code, 2025 Edition [Title 24, California Code of Regulations, Part 3], which incorporates and amends the 2023 Edition of the National Electrical Code published by the National Fire Protection Association and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Electrical Code for the City.
Sec. 8-4.02. Amendments: Section 89.108.4 ("Permits, Fees, Applications and Inspections").
Section 89.108.4.1 of the California Electrical Code is hereby amended in its entirety to read as follows:
89.108.4.1 Permits.
(a) Except as exempted in paragraph (b) of this subsection, a written construction permit shall be obtained from the enforcing agency prior to the erection, construction, reconstruction, installation, movement, or alteration of any electrical system. (b) Consistent with the requirements of Section 17960 of the Health and Safety Code, the local enforcing agency shall enforce the requirements of this Code, but shall exempt the following activities from a permit or inspection. (1) Listed cord and plug connected temporary decorative lighting. (2) Reinstallation of attachment plug receptacles, but not the outlets therefore. (3) Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.
(4) Installation or maintenance of communication wiring, devices, appliances, apparatus or equipment.
(5) The ordinary care and maintenance of an established installation of electrical equipment by the owner, operator, or user thereof shall not require an electrical permit, except that ordinary care and maintenance shall not be construed as including additions to such installations or other work, such as the repair or replacement of any electrical wiring, appliance, or apparatus which is a fixed part of such installation. The replacement of lamps and fuses and plug-in apparatus and the repair of plug-in apparatus and similar work shall be construed as ordinary care and maintenance 9 Packet Pg. 256
Pacifica City Council 19 November 24, 2025
Exemptions from permit and inspection requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any other provision of law or this Code.
Sec. 8-4.03. Amendments: Section 300.9 ("Raceways in Wet Locations Above Grade").
Section 300.9 is hereby added to read as follows:
300.9 Raceways in Wet Locations Aboveground. Where raceways are installed in wet locations above grade, the interior of these raceways shall be considered to be a wet location. Insulated conductors and cables installed in raceways in wet locations above grade shall comply with 310.10(C). Raceways exposed to the elements shall be of rigid galvanized, aluminum or rigid nonmetallic conduit.
Sec. 8-4.04. Streamlined permitting process for small residential rooftop solar energy systems.
Section 8-4.04 ("Streamlined permitting process for small residential rooftop solar energy systems.")
(a) Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process that complies with the 1978 California Solar Rights Act and AB 2188 (Chapter 521, Statutes of 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety.
(b) Definitions.
(1) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, or as otherwise defined in Section 4080 of the Civil Code.
(3) City means the City of Pacifica.
(4) Common interest development means any of the following:
(i) A community apartment project; or
(ii) A condominium project; or
(iii) A planned development; or
(iv) A stock cooperative.
9 Packet Pg. 257
Pacifica City Council 20 November 24, 2025
(5) Electronic submittal means the utilization of one or more of the following:
(i) Email; or
(ii) The Internet.
(6) Reasonable restrictions on a solar energy system means those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(7) Small residential rooftop solar energy system means all of the following:
(i) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
(ii) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code.
(iii) A solar energy system that is installed on a single-family or duplex-family dwelling.
(iv) A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
(8) Solar energy system means either of the following, as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code:
(i) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(ii) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(9) Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(c) Applicability. This section applies to the permitting of all small residential rooftop solar energy systems in the City of Pacifica. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system in such a way as to require a new permit. Routine operation and maintenance shall not require a permit.
(d) Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City, and the North County Fire Authority.
9 Packet Pg. 258
Pacifica City Council 21 November 24, 2025
(1) Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing Code and California Mechanical Code.
(2) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e) Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City website and elsewhere as deemed appropriate by the Building Official. (1) An applicant may submit a permit application and associated documents for a small residential rooftop solar energy system by electronic submittal. As an alternative, an applicant may submit a permit application and associated documents at the Building Division counter during regular business hours.
(2) An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.
(3) The City shall adopt a checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. (4) The small residential rooftop solar energy system permit process, standard plans, and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans, contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(5) An application to install a solar energy system shall include a reference to the requirement to notify the appropriate regional notification center of an excavator's intent to excavate, pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California Government Code, before conducting an excavation, including, but not limited to, installing a grounding rod. (f) Plan review, permit, and inspection requirements. The Building Division shall provide a ministerial, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the enactment of this section.
(1) The Building Division shall process, review, and approve an application for the installation or use of a small residential rooftop solar energy system in the same manner as an application for review of an architectural modification to the property, and approval shall not be willfully avoided or delayed.
(2) The Building Official's review of an application subject to this section shall be limited to whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. However, if the Building Official, in consultation with the Planning Director, makes a finding, based on substantial evidence, that the 9 Packet Pg. 259
Pacifica City Council 22 November 24, 2025
solar energy system could have a specific, adverse impact upon the public health and safety, the City may require the applicant to apply for a use permit pursuant to the provisions of Article 33 of Chapter 4 of Title 9 of the Pacifica Municipal Code. (i) The decision to require a use permit may be appealed to the Planning Commission.
(ii) The Planning Commission may not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the bases for the rejection of potential feasible alternatives of preventing the adverse impact. (iii) Any conditions imposed on an approval of a use permit to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
(3) An application for a small residential rooftop solar energy system that satisfies the information requirements in the checklist described in Section 8-4.04(e)(3), as determined by the City, shall be deemed complete.
(4) Upon confirmation by the City that an application is complete, the City shall, consistent with this section and subdivision (b) of Government Code Section 65850.5, approve the application and issue all required permits or authorizations. (5) The City shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association. (6) If the City deems an application incomplete, the City shall issue to the applicant a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. (7) If an application for the installation of a small residential rooftop solar energy system is not denied in writing within forty-five (45) days from the date of receipt of the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
(8) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review, which inspection shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, and the subsequent inspection need not conform to the requirements of this section. (9) A separate fire inspection may be performed by the North County Fire Authority, if required, in the event the City does not have an agreement with the Fire Authority to conduct fire safety inspections on its behalf.
CHAPTER 5. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 8-5.01. Adoption of the 2024 International Property Maintenance Code.
For the purpose to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises, existing 9 Packet Pg. 260
Pacifica City Council 23 November 24, 2025
structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein, Chapters 1 through 8, including Appendix A ("Boarding Standard") of that certain code designated as the International Property Maintenance Code, 2024 Edition published by the International Code Council, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Property Maintenance Code for the City.
Sec. 8-5.02. Amendments: Section 101.1 ("Title").
Section 101.1 of the International Property Maintenance Code is hereby amended to read as follows:
101.1 Title.
(a) These regulations shall be known as the International Property Maintenance Code of the City of Pacifica, hereinafter referred to as "this code." CHAPTER 6. ENERGY CODE
Sec. 8-6.01. Adoption of the California Energy Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, the California Energy Code, 2025 Edition [Title 24, California Code of Regulations, Part 6], including Appendices 1-A and 1-B, published by the California Energy Commission and as adopted and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Energy Code for the City.
CHAPTER 7. GREEN BUILDING STANDARDS CODE
Sec. 8-7.01. Adoption of the California Green Buildings Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, conservation of building materials, waste management and sustainability for all buildings and structures in the City of Pacifica, Chapters 1 through 8 of that certain code designated as the California Green Building Standards Code, 2025 Edition [Title 24, California Code of Regulations, Part 11], as adopted by the California Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Green Building Standards Code for the City.
Sec. 8-7.02. Amendments: Section 202 ("Definitions").
Section 202 of the California Green Building Standards Code is hereby amended to add 9 Packet Pg. 261
Pacifica City Council 24 November 24, 2025
the following definitions:
AFFORDABLE HOUSING UNITS. A dwelling unit that is offered for rent or purchase at or below a rent or sales price that is affordable to a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079.5 of the California Health and Safety Code. Any such dwelling unit shall remain affordable for lower income households for at least 45 years from the date of initial occupancy pursuant to a legal agreement approved as to form by the City Attorney which shall be in the form of affordable housing covenants, deed restrictions, covenants and/or resale restriction and refinance limitation agreements.
ALL ELECTRIC BUILDING. A building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for all purposes, including, but not limited to, space conditioning (including heating), water heating, pool and spa systems, and appliances (including cooking appliances and clothes drying appliances). An All Electric Building may include solar thermal pool heating.
LEVEL 1 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring; b. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere; and
c. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING STATION (EVCS). A parking space that meets all requirements of a Level 2 EV Ready parking space and also includes the installation of Electric Vehicle Supply Equipment.
LEVEL 2 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring; and b. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) READY. A parking space that is served by a complete electric circuit with the following requirements:
a. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring; b. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere; and
c. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
9 Packet Pg. 262
Pacifica City Council 25 November 24, 2025
NEW CONSTRUCTION BUILDING. A building constructed pursuant to a building permit issued on or after January 1, 2023.
Sec. 8-7.03. Amendments: Section 4.106 ("Site Development").
Section 4.106.4.1 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:
Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install one Level 2 EV Ready circuit and one Level 1 EV Ready circuit. The receptacle associated with each space shall be located on the exterior of the private garage and within five feet of the garage door or other opening used to access the private garage.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
Section 4.106.4.2 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:
Section 4.106.4.2 New multifamily dwellings. When parking is provided, parking spaces for new multifamily dwellings shall include a quantity of Level 2 EVCS equal to or greater than 15 percent of dwelling units with parking spaces and Low Power Level 2 EV Charging Receptacles equal to or greater than 85 percent of dwelling units with parking spaces.
Exception. Any dwelling unit meeting the definition of an Affordable Housing Unit may, at the applicant's sole discretion, be excluded from the calculation of dwelling units that are subject to the EV parking requirements in this section. Section 4.106.4.2.1 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Sec. 8-7.05. Amendments: Section 4.304.1 ("Outdoor potable water use in landscape areas").
Section 4.304.1 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:
4.304.1 Outdoor potable water use in landscape areas.
Residential developments using outdoor potable water in landscape areas shall comply with one of the following options:
1. The current California Department of Water Resources' Model Water Efficient Landscape Ordinance (MWELO); or
2. Projects with aggregate landscape areas less than 2,500 square feet may comply with the MWELO's Appendix D Prescriptive Compliance Option.
Sec. 8-7.06. Amendments: Section 5.106 ("Site Development"). 9 Packet Pg. 263
Pacifica City Council 26 November 24, 2025
Section 5.106.4 of the California Green Building Code is hereby amended to add:
Section 5.106.4.1.2.4 Electrical Outlets. When bicycle parking for non-residential uses is provided indoors, standard 15 amp electrical outlets shall be provided equal to 25% of the required bicycle parking spaces.
Section 5.106.5.3 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:
Section 5.106.5.3.1 Electric Vehicle (EV) Charging for New Construction. When parking is provided, parking spaces for nonresidential uses shall be provided in accordance with Sections 5.106.5.3.1.1 through 5.106.5.3.1.4.
Section 5.106.5.3.1.1 Offices. Level 2 EVCS: 20 percent of off-street parking spaces, and Level 2 EV Ready: 30 percent of off-street parking spaces.
Section 5.106.5.3.1.2 Public Parking Lots. Level 2 EVCS: 15 percent of off-street parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.
Section 5.106.5.3.1.3 Overnight Accommodations. Level 2 EVCS: 30 percent of offstreet parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.
Section 5.106.5.3.1.4 All Other. Level 2 EVCS: 10 percent of off-street parking spaces, and Level 2 EV Ready: 10 percent of off-street parking spaces.
Section 5.106.5.3.2. Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum
3.3 kW while simultaneously charging multiple EVs.
Section 5.106.5.3.3 Accessible EVCS. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11 B, Section 11B228.3. Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Section 5.106.5.4 of the California Green Building Standards Code is hereby deleted.
Sec. 8-7.07. Amendments: Section 8-7.07 ("Streamlined permitting process for electric vehicle charging systems").
Section 8-7.07 ("Streamlined permitting process for electric vehicle charging systems") is hereby added to read as follows:
(a) Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with Assembly Bill 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7) and Assembly Bill 970 (Chapter 710, Statutes 2021, Cal. Gov't Code §§ 65850.7 & 65851.71) to achieve timely and costly-effective installations of electric vehicle charging stations. The ordinance encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City of Pacifica ("City"), and expanding the ability of property owners to install electric vehicle charging stations. The ordinance allows the City of Pacifica to achieve these goals while protecting the public 9 Packet Pg. 264
Pacifica City Council 27 November 24, 2025
health and safety.
(b) Definitions.
(1) "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
(2) "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (3) "Electronic submittal" means the utilization of the City's online building permit web portal.
(4) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(c) City building permit required.
(1) A City building permit is required to install an electric vehicle charging station. (2) An application for a City building permit to install an electric vehicle charging station shall be processed in accordance with Government Code Sections 65850.7 and 65850.71.
(d) Review of applications. The following expedited, permitting process applies to applications for a building permit to install an electric vehicle charging station:
(1) Application. The City will make the following available on the City's website: the City's standard building permit application form; and the City's standard electric vehicle charging station plan form and checklist. The checklist will include all requirements that an electric vehicle charging station must meet to be eligible for review and approval under this section. An application to install an electric vehicle charging station may be submitted electronically.
A building permit application will be deemed complete if the Building Official determines that the application includes all of the information and documents required by the standard application form, the standard plan form, and the standard checklist, and is consistent with all applicable laws and health and safety standards. If an application is deemed incomplete, the Building Official will notify the applicant in writing of the additional information needed to complete the application. After an application is deemed complete, the Building Official will perform an expedited review of the application and all submittals.
(2) Application review.
(A) The City shall administratively review and approve an application to install an electric vehicle charging station through the issuance of a building permit. Review of an application to install an electric vehicle charging station shall be limited to the Building 9 Packet Pg. 265
Pacifica City Council 28 November 24, 2025
Official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. (B) If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the Building Official may require the applicant to apply for a use permit as provided in Article 33 of Chapter 4 of Title 9 of the Pacifica Municipal Code. The decision of the Building Official to require approval of a use permit prior to issuance of a building permit may be appealed to the Planning Commission pursuant to the provisions in Section 9-4.3804 of the Pacifica Municipal Code.
(C) The City may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(D) The City shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(E) An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in subsection (iii) has elapsed, both of the following are true:
(i) The Building Official has not deemed the application complete, consistent with the checklist created by the City, pursuant to subdivision (g) of Section 65850.7 of the Government Code.
(ii) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Section 65850.7 of the Government Code.
(iii) For purposes of subsection (E), "applicable time period means" either of the following:
(1) Five business days after submission of the application to the City, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(2) Ten business days after submission of the application to the City, if the application is for more than 25 electric vehicle charging stations at a single site. (3) Permit issuance. A building permit will be issued following the Building Official's approval of an application for an electric vehicle charging station and after all required 9 Packet Pg. 266
Pacifica City Council 29 November 24, 2025
fees have been paid.
(A) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (2) has elapsed and all of the following are true:
(i) The Building Official has not administratively approved the application pursuant to subdivision (b) of Section 65850.7 of the Government Code. (ii) The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to subdivision (b) of Section 65850.7 of the Government Code. (iii) The Building Official has not denied the permit pursuant to subdivision (c) of Section 65850.7 of the Government Code.
(iv) An appeal has not been made to the Planning Commission, pursuant to subdivision (d) of Section 65850.7 of the Government Code. (4) Inspection and authorization to operate. As soon as practicable after the applicant notifies the Building Official that an electric vehicle charging station has been installed, the Building Official will inspect the system to verify compliance with the building permit. If the Building Official determines that a system was not installed in compliance with a building permit, the Building Official will notify the permittee of the actions needed to comply with the building permit and will conduct additional inspections as necessary. No electric vehicle charging station may be operated unless the Building Official verifies in writing that it complies with the building permit. (e) Electric vehicle charging station installation requirements. (1) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability. (2) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (3) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. (5) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any 9 Packet Pg. 267
Pacifica City Council 30 November 24, 2025
associated equipment.
(f) Requirements cumulative. The requirements of this chapter are in addition to any other applicable requirements of this Code, and any requirements of a utility provider, that must be satisfied before an electric vehicle charging station may be installed or operated.
CHAPTER 7.5. RESIDENTIAL CODE
Sec. 8-7.5.01. Adoption of the California Residential Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 10, including, Appendix BF ("Patio Covers"), Appendix BO ("Existing Buildings and Structures"), Appendix BG ("Sound Transmission"), Appendix BB ("Tiny Homes"), Appendix CI ("Swimming Pool Safety Act"), and Appendix CJ ("Emergency Housing") of that certain code designated as the California Residential Code, 2025 Edition [Title 24, California Code of Regulations, Part 2.5], which incorporates and amends the 2024 Edition of International Residential Code as published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Residential Code for the City.
Sec. 8-7.5.02. Amendments: Section R101.1 ("Title").
Section R101.1 of the California Residential Code is hereby amended to read as follows:
R101.1 Title. These regulations shall be known as the Residential Code of the City of Pacifica, hereafter referred to as "this Code."
Sec. 8-7.5.03. Amendments: Section R105.3 ("Application for permit).
Section R105.3.3 of the California Residential Code is hereby added to read as follows:
R105.3.3 Improvements required prior to the issuance of building permits and exceptions.
The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.
Exceptions:
(1) When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may 9 Packet Pg. 268
Pacifica City Council 31 November 24, 2025
deem it feasible.
(2) Sidewalks shall not be required prior to the issuance of a building permit for the construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.
Sec. 8-7.5.04. Amendments: Section R105.6 ("Suspension or revocation").
Section R105.6 of the California Residential Code is hereby amended in its entirety and shall read as follows:
R105.6 - Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.
The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.
Sec. 8-7.5.05. Amendments: Section R105.10 ("Permits: Hours of Construction").
Section R105.10 of the California Residential Code is hereby added to read as follows:
R105.10 Hours of Construction. The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.
Sec. 8-7.5.06. Amendments: Section R108.2 ("Fees: Schedule of Permit Fees").
Section R108.2 of the California Residential Code is hereby amended in its entirety to read as follows:
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, fees and charges for each permit shall be assessed and paid as required, in accordance with the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2.
Sec. 8-7.5.07. Amendments: Section R108.6 ("Work commencing before permit issuance").
Section R108.6 of the California Residential Code is hereby amended in its entirety to read as follows:
R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica 9 Packet Pg. 269
Pacifica City Council 32 November 24, 2025
Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued.
Sec. 8-7.5.08. Amendments: Section R110.3.1 ("Certificate of occupancy: certificate issued: improvements prior to occupancy of structures and utility service exceptions").
Section R110.3.1 of the California Residential Code is hereby added to read as follows:
R110.3.1 Improvements prior to occupancy of structures and utility service exceptions. (a) No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section R105.3.3 have been installed and approved by the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including, but not limited to, any applicable conditions of approval imposed on the project by approval of a discretionary permit.
(b) When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to ensure completion shall be posted for the completion of the required improvements.
Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.
Sec. 8-7.5.09. Amendments: Section R111.4 ("Service Utilities: Underground Utilities").
Section R111.4 is hereby added to the California Residential Code to read as follows:
Section R111.4 - Underground Utilities.
R111.4.1 - Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City's authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.
R111.4.2 - Undergrounding Requirements.
(a) Persons constructing any structure subject to this Code shall underground all utility lines as follows:
(i) All on-site utility lines must be placed underground; (ii) All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and
9 Packet Pg. 270
Pacifica City Council 33 November 24, 2025
(iii) If any utility lines are being upgraded, the upgraded portions as well as the preexisting lines shall be placed underground. (b) Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:
(i) The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;
(ii) The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or
(iii) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines.
R111.4.3 - Undergrounding Standards.
(a) All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met. (b) In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City, county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.
Sec. 8-7.5.10. Amendments: Section R112 ("Board of Appeals").
Section R112.1 of the California Residential Code is hereby amended in its entirety to read as follows:
R112.1 Appeal Procedure. Any person who is aggrieved by an order, decision or determination of the Building Official as provided in Section R112.1 may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding. Appeals shall be heard as follows:
(a) Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the 9 Packet Pg. 271
Pacifica City Council 34 November 24, 2025
hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.
(b) At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. (c) Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding. (d) If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.
Sec. 8-7.5.11. Amendments: Section R113.1 ("Violations").
Section R113.1 of the California Residential Code is hereby amended in its entirety to read as follows:
R113.1 Unlawful acts. Irrespective of whether a notice of violation has been issued pursuant to Section R113.2 of this Code, it shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
R113.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.
Sec. 8-7.5.12. Amendments: Section R113.4 ("Violations penalties").
Section R113.4 of the California Residential Code is hereby amended in its entirety to read as follows:
R113.4 Violation penalties. Any person, firm or corporation who violates any provision of 9 Packet Pg. 272
Pacifica City Council 35 November 24, 2025
the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
Sec. 8-7.5.13. Amendments: Section R115 ("Procedure for Legalizing Unpermitted Structures").
Section R115 of the California Residential Code is added to read as follows:
R115 Procedure for Legalizing Unpermitted Structures.
R115.1 Permits. Any person who wishes to legalize an "unpermitted structure" (as this term is defined in Sections R113.1.1 of this Code), shall obtain all applicable permits.
Unpermitted structures shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized.
R115.2 Plans.
R115.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval.
R115.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.
R115.3 Inspections.
R115.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
R115.4 Investigation Fees.
R115.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and 9 Packet Pg. 273
Pacifica City Council 36 November 24, 2025
other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
R115.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section R108.4.2 of this chapter.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law.
R115.5 Unpermitted Structures Which Cannot be Legalized.
If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.
If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.
Sec. 8-7.5.14. Amendments: Section R309.1. ("Townhouse automatic fire sprinkler systems").
Section R309.1 of the California Residential Code is amended in its entirety to read as follows:
R309.1 Townhouse automatic fire sprinkler systems.
1. An automatic residential fire sprinkler system shall be installed in Townhouses.
2. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.
Exception.
1. When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.
Section R309.1.1 Design and installation.
Automatic fire sprinkler systems for townhouses shall be designed and installed in accordance with Section R309 or NFPA 13D.
Sec. 8-7.5.15. Amendments: Section 309.2 One- and two-family dwellings automatic fire sprinkler systems.
Section R309.2 of the California Residential Code is amended in its entirety to read as follows:
R309.2 One- and two-family dwelling automatic sprinkler systems. 9 Packet Pg. 274
Pacifica City Council 37 November 24, 2025
1. An automatic sprinkler system shall be installed in all new one-and two-family dwellings.
2. Existing one- and two-family dwellings. An automatic sprinkler system shall be installed when an addition is added to the building.
Exception 1: When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.
Exception 2: The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling, including any addition solely for purposes of accessory dwelling unit construction.
Sec. 8-7.5.16. Amendments: Section R401.4 ("Soil Tests").
Section R401.4.3 is hereby added to the California Residential Code to read as follows:
R401.4.3 Investigation of Off-site Conditions.
The following requirements shall apply to any site located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica:
1. A registered design professional shall evaluate potential off-site geotechnical hazards, including, but not limited to, those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.
2. When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable.
3. The building official shall not issue a building permit until any project design feature(s) identified by the evaluation required in this subsection has or have been incorporated into the project plans.
4. The evaluation required in this subsection shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publicly-accessible areas in the vicinity of the project site, including, but not limited to, public rights-of-way and public open spaces. This subsection shall not require or authorize entry onto neighboring properties for any purpose, including, but not limited to, obtaining soil borings.
5. The registered design professional may seek a waiver from the requirement of this subsection to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project. The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of this Code, and no other lesscostly feature can be incorporated into the project design to reduce the identified hazard(s).
9 Packet Pg. 275
Pacifica City Council 38 November 24, 2025
The requirements of this subsection shall be supplementary to and shall not replace or substitute for any other geotechnical investigation or geohazard investigation required by this Code or any other provision of law. Except, however, when another provision of this Code may provide for waiver or exemption from geotechnical investigation, the provisions of this subsection shall still apply.
CHAPTER 8. HISTORICAL BUILDINGS CODE
Sec. 8-8.01. Adoption of the California Historical Buildings Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all historical buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Historical Building Code, 2025 Edition [Title 24, California Code of Regulations, Part 8].
CHAPTER 8.5. EXISTING BUILDINGS CODE
Sec. 8-8.5.01. Adoption of the California Existing Buildings Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all existing buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Existing Building Code, 2025 Edition [Title 24, California Code of Regulations, Part 10].
CHAPTER 9. REFERENCE STANDARDS CODE
Sec. 8-9.01. Adoption of the California Reference Standards.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the City of Pacifica, adopts that certain Code designated as the California Reference Standards Code 2025 Edition [CCR Title 24, California Code of Regulations, Part 12].
[…]
CHAPTER 22. Wildland-Urban Interface Code
Sec. 8-22.01. Adoption of the California Wildland-Urban Interface Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 7, of that certain Code designated as the California Wildland-Urban Interface Code, 2025 Edition [Title 24, California Code of Regulations, Part 7], which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Wildland-Urban Interface Code for the City. “
Section 6. Repeal. Article 1 (Fire Code) of Chapter 3 (Fire Protection) of Title 4 (Public Safety) of the Pacifica Municipal Code is hereby repealed in its entirety; however, such repeal shall not 9 Packet Pg. 276
Pacifica City Council 39 November 24, 2025
affect or excuse any violation of said chapter that occurred prior to the effective date of this ordinance; nor shall such repeal impede, impact, or negate any administrative, civil, or criminal enforcement of said chapter that that commenced prior to the enforcement date of this ordinance.
Section 7. Amendment. Article 1 (Fire Code) of Chapter 3 (Fire Protection) within Title 4 (Public Safety) of the Pacifica Municipal Code is hereby amended to read in its entirety as follows:
“Article 1. Fire Code
Sec. 4-3.101. Adoption of the California Fire Code.
For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 67, including Appendix B ("Fire-Flow Requirements for Buildings"), Appendix C ("Fire Hydrant Locations and Distribution"), Appendix D ("Fire Apparatus Access Roads"), and Appendix F ("Hazard Ranking"), Appendix L ("Requirements for Fire Fighter Air Replenishment Systems") of that certain code designated as the California Fire Code, 2025 Edition [CCR Title 24, Part 9], published by the International Code Council, amended by the State of California and as adopted and/or amended by the Office of the State Fire Marshal, which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as Fire Code for the City of Pacifica.
Sec. 4-3.102. Establishment and duties of the Bureau of Fire Prevention.
The California Fire Code shall be enforced by the Fire Prevention Services Bureau in the Fire Department of the City, which Bureau is hereby established, and which shall be operated under the supervision of the Fire Chief.
The Fire Marshal in charge of the Fire Prevention Services Bureau shall be appointed in accordance with the provisions of Article 4 of Chapter 5 of Title 2 of this Code and Council Resolution No. 82-69.
The Fire Chief may detail such members of the Fire Department as shall from time to time be necessary.
Sec. 4-3.103. Amendments: Section 105.1.1 ("Permits required").
Section 105.1.1 is amended by adding the following paragraph at the end of the section:
The city council of the City of Pacifica may, if it so desires, establish by resolution permit fees in connection with any permit required or authorized to be issued by the fire chief or any other authorized representative of the fire department.
Sec. 4-3.104. Amendments: Section 105.5 ("Required operational permits").
Section 105.5 is amended by adding the following at the end of the section:
105.5.60 Institutions and day care. An operational permit is required to operate any and 9 Packet Pg. 277
Pacifica City Council 40 November 24, 2025
all occupancies that are set forth under Group I Occupancies, and Group E Occupancy of Title 24 of the California Code of Regulations, each accommodating more than six people.
105.5.61 Residential care facility. An operational permit is required to operate a residential care/assisted living facility as set forth under Group R, Division 4 Occupancies.
Sec. 4-3.105. Amendments: Section 202 ("General Definitions").
Section 202 is added to read as follows:
202 Definitions.
(a) Wherever the word "jurisdiction" is used in said California Fire Code, it shall be held to mean the City of Pacifica.
(b) Wherever the term "Corporation Counsel" is used in said California Fire Code, it shall be held to mean the City Attorney.
(c) Wherever the words "Fire Code Official" are used in said California Fire Code, they shall be held to mean the Fire Marshal.
Sec. 4-3.106. Amendments: Section 505.1 (“Address Identification”).
Section 505.1 of the California Fire Code is amended by adding the following at the end of the section:
Said numbers shall be internally or externally illuminated in all new construction, or when alterations or repairs of existing construction occur.
The size and location of address numbers for multi-family dwellings and all other occupancies shall be as designated by the Fire Marshal.
Sec. 4-3.107.-Amendments: Section 507 (“Fire Protection Water Supplies”).
Section 507.5.7 is added to the California Fire Code read as follows:
507.5.7 Hydrants. All new fire hydrants shall be UL listed, or equivalent, wet barrel type having a minimum of two 2 ½” and one 4 ½” outlets, all equipped with national standard threads (Clow 860, or approved equivalent). The minimum fire service main size permitted is six inch (6”).
Sec. 4-3.108.-Amendments: Section 509 (“Fire Protection and Utility Equipment Identification and Access”).
Section 509.1.2 is added to the California Fire Code read as follows:
509.1.2 Utility Identification in Multi-Family Tenant Buildings. Utility markings of all gas and electric utility services in multi-family tenant buildings shall be visibly and legibly marked with the unit identification.
Sec. 4-3.109. Amendments: Section 903.2 ("Automatic sprinkler systems. Where required").
9 Packet Pg. 278
Pacifica City Council 41 November 24, 2025
Section 903.2 of the California Fire Code is hereby amended to read as follows:
903.2 Required Installations.
A. Newly Constructed Buildings and Structures. An automatic fire sprinkler system shall be installed in all new occupancies and locations.
Exception. Detached U occupancies not exceeding 1,000 square feet in size, when accessory to an R-3 dwelling.
B. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.
Exceptions:
1. When an addition to a R-3 occupancy is less than 1,000 square feet in size and when an addition to all other occupancies is less than 500 square feet in size, no sprinklers are required in either the addition or the existing building.
2. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling, including any addition solely for purposes of accessory dwelling unit construction.
3. When specifically exempted by the Fire Code Official.
C. 903.2.22 Car Stackers. Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to the current edition of NFPA 13. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.
The area of application may be reduced from the required 2,500 sq. ft. to as low as 1,500 sq. ft. if:
1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls,
2. The car stacker areas are divided up into 1,500 sq. ft. areas via 1-hour fire rated walls, and
3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.
One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.
Sec. 4-3.110. Amendments: Section 903.4.3 ("Alarms").
Section 903.4.3 is amended by adding the following to the end of the paragraph:
9 Packet Pg. 279
Pacifica City Council 42 November 24, 2025
In addition to the audible device(s) required by this section, an approved strobe light shall be located on the exterior of the building in an approved location.
Sec. 4-3.111. Amendments: Section 904.2.2 ("Commercial hood and duct systems").
Section 904.2.2 is amended by adding the following to the end of the paragraph:
The location(s) of all cooking appliances that are protected by an approved automatic fire extinguishing system shall be permanently identified either by a wall mounted "approved" appliance floor plan or marked on the floor in a manner approved by the Fire Marshal.
Sec. 4-3.112. Amendments: Section 907.7.3 ("Instructions").
Section 907.7.3 of the California Fire Code is amended by adding the following paragraph:
Each fire alarm system shall have posted at the main control panel instructions for silencing and resetting the system, the day and night phone numbers of the person responsible for the property, and the company or individual providing maintenance services for the alarm system.
Sec. 4-3.113. Amendments: Section 907.8.1 ("Maintenance required").
Section 907.8.1 of the California Fire Code is amended by adding the following to the end of the paragraph:
Owners and operators of group R-1 occupancies shall provide documentation to the Fire Department, such as annual inspection forms, which confirm that all smoke detection devices and equipment within apartment units are installed and are in good operating condition.
Sec. 4-3.114. Amendments: Section 914.3.9 ("High Rise Buildings").
Section 914.3.9 is added to read as follows:
Section 914.3.9 Firefighter Breathing Air Replenishment. All Group B and Group R occupancies, each having floors used for human occupancy located more than seventyfive feet (75') above the lowest level of fire department vehicular access, shall be equipped with an approved Firefighter Breathing Air Replenishment System as outlined in Appendix L. Such a system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by fire department, rescue, and other personnel in the performance of their duties. Location and specifications of access stations to, and the installation of, such air replenishment systems shall be made in accordance with the requirements of the Fire Chief.
Sec. 4-3.115. Amendments: Section 5608.1 ("Fireworks display").
Section 5608.1 is amended by adding the following to the end of the paragraph:
The sale and discharge of safe and sane fireworks is permitted only as provided in the Pacifica Municipal Code.
9 Packet Pg. 280
Pacifica City Council 43 November 24, 2025
Section 5608.1.2 is hereby added to read as follows:
5608.1.2 Dangerous Fireworks Prohibited. Except as hereinafter provided, it shall be unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except those designated as "safe and sane" and approved by the State Fire Marshal. No person under the age of eighteen (18) shall be permitted to purchase or sell "safe and sane" fireworks. The Fire Chief shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, or other organization or for the use of fireworks by artisans in the pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged, or fired so as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or endanger any person, and shall be in accordance with Chapter 56 of said California Fire Code.
Sec. 4-3.116. Amendments: Section 5706.2.4.4 ("Locations where above-ground tanks are prohibited").
Section 5706.2.4.4 is amended by adding the following paragraph at the end of the section:
The storage of flammable or combustible liquids in above-ground outside storage tanks is prohibited in all areas of the City except for those areas with the zoning designation of Public Facilities District. Notwithstanding the foregoing, the Fire Chief may grant a permit for such storage in other areas of the City if the Chief determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Chief may impose such conditions and requirements upon the issuance of the permit, as the Chief deems necessary or appropriate. Sec. 4-3.117. Amendments: Section 6104.2 ("Maximum capacity within established limits").
Section 6104.2 is amended by adding the following paragraph at the end of the first paragraph:
The aggregate storage of liquefied petroleum gas at any one installation in excess of two thousand (2,000) gallons (7,570 L) is prohibited in all areas of the City except for those areas with the zoning designation of Public Facilities District. Notwithstanding the foregoing, the Fire Chief may grant a permit for such storage in other areas of the City if the Chief determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Chief may impose such conditions and requirements upon the issuance of the permit, as the Chief deems necessary or appropriate.
Sec. 4-3.118. Amendment Appendix D, Section D101 ("General").
Section D101.2 is added to read as follows:
D101.2 - Definition. Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as but not limited to fire lane, public street, private street, parking lot lane, access roadway and driveway.
9 Packet Pg. 281
Pacifica City Council 44 November 24, 2025
Sec. 4-3.119. Amendments: Appendix D, Section D102 ("Required access").
1. Section D102.2 is added to Appendix D of the California Fire Code to read as follows:
Section D102.2. Fire department access shall extend to within 50 feet (15 m) of at least one exterior door that can be opened from the outside and that provides access to the interior of the building.
Exception: one- or two-family dwellings or townhouses protected with 13D or 13R may be permitted to be increased to 150 ft. (46 m).
2. Section 102.3 is added to Appendix D of the California Fire Code to read as follows:
Large Buildings. Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft. (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility.
3. Section 102.4 is added to the California Fire Code to read as follows:
Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 ft. 6 in. (4.1 m).
4. Section D102.5 is added to the California Fire Code to read as follows:
Exception: When fire department access roads cannot be installed due to location on the property, topography, waterways, nonnegotiable grades, or other similar conditions the Fire Marshal shall be authorized to require fire protection features in addition to those already required.
Sec. 4-3.120. Appendix D, Section D103 ("Minimum specifications").
Section D103.7 is added to Appendix D of the California Fire Code to read:
D103.7 - Marking where fire lanes on private property have been designated by the Fire Marshal, curbs shall be painted red on the side or sides of the street or access route where parking is prohibited and no parking signs or other appropriate notice prohibiting obstructions, as approved by the Fire Marshal, shall be provided and maintained by the owner. “
Section 8. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 9. Effective Date. This Ordinance shall become effective thirty days following adoption or on January 1, 2026, whichever is later. However, where applications and plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2022 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any ordinances of the City of 9 Packet Pg. 282
Pacifica City Council 45 November 24, 2025
Pacifica, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law.
Section 10. Publication, Filing. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation as required pursuant to state law and shall cause this ordinance to be entered into the Pacifica Municipal Code. The City Clerk shall file this ordinance with the California Building Standards Commission in the manner as may be required by law. • • • • •
The foregoing ordinance was introduced on November 10, 2025, and passed and adopted at a regular meeting of the City Council of the City of Pacifica held on November 24, 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 9 Packet Pg. 283
Pacifica City Council 46 November 24, 2025
EXHIBIT A - FINDINGS SUPPORTING LOCAL AMENDMENTS
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Sections 17958, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Also, amendments to provisions not regulating buildings used for human habitation, including amendments made only for administrative consistency, do not require findings.
Section Of Ordinance Title Justification
(See Below
For Key)
Section 5. Replacement: Adoption Of
Chapter 1 Of Title 8 (All Amendments
Identified in Section 5, Including
Appendix J)
Chapter 1 - Building
Code
A, B, C
Section 5. Replacement: Adoption Of
Chapter 3 Of Title 8 (All Amendments
Identified in Section 5)
Chapter 3 - Plumbing
Code
A, B, C
Section 5. Replacement: Adoption Of
Chapter 4 Of Title 8
(All Amendments Identified in Section 5)
Chapter 4 - Electrical
Code
A, B, C
Section 5. Replacement: Adoption of
Chapter 5 of Title 8. (All amendments
Identified in Section 5)
Chapter 5 –
International Property
Maintenance Code
No justification
required –
administrative
amendment
only
Section 5. Replacement: Adoption Of
Chapter 7 Of Title 8 (All Amendments
Identified in Section 5)
Chapter 7 - Green
Buildings Standards
Code
A, B, C
Section 5. Replacement: Adoption Of
Chapter 7.5 Of Title 8
(All Amendments Identified in Section 5)
Chapter 7.5 -
Residential Code
A, B, C
Section 7. Replacement: Adoption Of
Article 1 Of Chapter 3 Of Title 4
(All Amendments Identified in Section 7,
including amendments to Appendix D)
Article 1 - Fire Code A, B, C
9 Packet Pg. 284
Pacifica City Council 47 November 24, 2025
Key to Justification Supporting Amendments to Title 24 of the California Code of Regulations Findings Pursuant to Health and Safety Code section 17958.7:
A. CLIMATIC CONDITIONS
I. The City of Pacifica is unique in its climatic conditions. According to records found at the National Weather Service, the average yearly rainfall for the City is approximately 25” to 30”, with a high of 65” in 1995. This rainfall normally occurs from November to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period can range into the 80’s to 90’s Fahrenheit and are frequently accompanied by light to gusty winds. With the extensive Urban-Wild land interface that surrounds the City, the potential for a major fire is high.
II. Pacifica is exposed to more extreme weather than elsewhere in the Bay Area, including strong winds, almost constant exposure to salt air and frequent heavy rains during the winter months. The off-shore high pressure system and upwelling of deeper, cold water just off the coast result in frequent summer fog.
III. Pacifica’s periodic extreme seasonal dryness and high temperatures, combined with an extensive network of overhead utility lines, increases the risk of fire danger in Pacifica. Overhead utility lines are a leading cause of major fires, as evidenced by the 2021 Dixie Fire, which burned close to 1 million acres and destroyed over 1,000 structures, and was caused by a tree contacting electrical distribution lines. Other major fires caused by overhead utilities included the 2015 Butte Fire and the 2018 Paradise fire, which resulted in the deaths of 85 people and the destruction of the entire town of Paradise, California
B. GEOLOGICAL CONDITIONS
I. Pacifica is located adjacent to the Pacific Ocean and significant areas of the City are subject to extreme wave heights, severe bluff erosion and flooding which cause damage to public facilities and private property, especially during heavy rainfall and El Nino winters.
II. Due to its proximity to the Pacific Ocean, Pacifica is at risk from a potential tsunami hazard if a major earthquake occurs in the Pacific Ocean resulting in a wave run-up. The approximate wave run-up height of 20 feet presents a risk to structures and individuals in the area, as there are approximately 900 existing dwelling units within Pacifica’s tsunami run-up area, as well as important community services and facilities.
III. Pacifica is framed by ridges of the Coast Range on the east and is home to 37 mountain summits and peaks. Hillside stability is a critical hazard. Slope failures and superficial landslides are a significant hazard, and runoff from heavy rain or ground-shaking are most likely to activate landslides in the hilly terrain.
IV. Pacifica is one of a minority of California local jurisdictions that is located within the Coastal Zone, where the intensity of coastal waves and flooding are projected to increase as a result of sea level rise and climate change. 9 Packet Pg. 285
Pacifica City Council 48 November 24, 2025
A primary cause of climate change is earth’s increasing temperature that is the result of greenhouse gases released from the burning of fossil fuels, including natural gas used for heating and cooking within new and existing buildings.
C. TOPOGRAPHICAL CONDITIONS
I. The City of Pacifica is comprised of a number of cul-de-sacs off of Highway 1, which divides the City into distinct districts. Each of these districts is isolated from each other by the topography of the City. The City is bordered to the west by the Pacific Ocean and to the east by hills that separate the City from the other communities.
II. A series of overpasses span Highway 1. The collapse of one or more of these overpasses would greatly restrict access to the majority of the City.
Highway 1 narrows at two points in the City. A major accident at these choke points also restricts the ability to provide emergency services throughout the City. Several of the districts within the City, such as Vallemar, Rockaway, and Pedro Point have narrow roads in which parking is either not permitted or is limited to one side of the street only.
The roads are steep, between 10 to 19 percent in grade, and wind along the contours of the hillsides. These conditions add to the response times of emergency vehicles and also limit the number of emergency vehicles that can be sent to any particular address in these areas.
III. The City of Pacifica is subject to ground tremors from large seismic events along the San Andreas, Loma Prieta, and Seal Cove faults. A part of the City is within the Alquist/Priolo special studies zone, as shown in the Alquist-Priolo Earthquake Fault Zone Act of 1972. Seismological evidence indicates there is a probability of an earthquake in the region ranging from 5 to 7 on the Richter Scale. This potential for earthquakes influences fire protection planning. A major seismic event would create a Citywide demand on fire protection service, which would be beyond the response capacity of the fire department. Structural damage to the overpasses on Highway 1 would seriously delay emergency vehicle access to major parts of the City.
Finding Pursuant to Health & Saf. Code, § 17958.5(c)(1):
The Council has reviewed the local amendments set forth in the ordinance and finds that they are consistent with and equivalent to changes or modifications previously filed by the City of Pacifica with the State Building Standards Commission amending the 2022 Building Standards and there is no material change in regulatory effect to the standards applicable to residential units in effect in the City of Pacifica as of September 30, 2025.
9 Packet Pg. 286
Pacifica City Council 49 November 24, 2025
* * * * *
(ID # 6085) at 11/24/2025 5:00 PM City Council Regular Meeting 9 Packet Pg. 287
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:
Recology of the Coast’s Application for Rate Increase for 2026 RECOMMENDED ACTION:
Adopt a Resolution confirming Recology of the Coast’s application for rate increase of 2.94% is accurate and consistent with the annual rate adjustment procedures specified in the agreement with Recology for Recyclable Materials, Organic Materials, and Solid Waste Collection Services (“Agreement”); and finding the confirmation of the rate increase exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061(b)(3).
STAFF CONTACT:
Melissa L. Tigbao, P.E., QSD/P, Director of Public Works (650) 501-5016
[email protected]
Louis Sun, P.E., Deputy Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
In February 2010, the City of Pacifica entered into a franchise agreement with Recology of the Coast (“Recology”) for recyclable materials, organic materials, and solid waste collection services (“ Agreement”).
The City and Recology executed a First Amendment to the Agreement on March 11, 2013. On October 24, 2016, the City Council adopted Resolution No. 67-2016, extending the term of the Agreement for an additional five years until December 31, 2022.
The Agreement generally grants Recology the exclusive right and franchise to collect waste materials in Pacifica. This includes solid waste, targeted recyclable material and organic materials on residential, commercial and City premises as well as construction and demolition debris.
On October 10, 2022, the City Council adopted a Resolution approving the Second Amendment to the Agreement, which among other things, extended the term an additional 10 years until December 31, 2032, with an option to extend an additional five years. The Second Amendment also revised the Annual Rate Application Process identified in the Agreement to clarify that Recology ultimately sets the rate charged to the ratepayers. For future rate adjustments, the City’s role would be to undertake an administrative review of the application for a rate increase to confirm accuracy and consistency with the Rate Adjustment procedures specified in the Agreement. Given that the City does not set, establish, or impose the rates charged to the ratepayers, the City is not obligated to follow the procedures for establishing or increasing a proposed assessment under Proposition 218 (Article XIII D of the California Constitution).
10 Packet Pg. 288
Pacifica City Council 2
November 24, 2025
On November 25, 2024, the City Council adopted a Resolution approving the Third Amendment to the Agreement, which added grit and screenings disposal services for the Calera Creek Water Recycling Plant and revised the location of the organic material disposal facility.
The City received Recology's application for an annual rate increase on May 30, 2025. The City engaged HF&H Consultants in August 2025 to conduct a financial review of the proposed 2026 rate increase in accordance with Section 11.03(B) of the Agreement.
HF&H worked closely with Recology to verify the index-based cost increases applicable for 2026. The findings were documented in a report dated October 20, 2025 (Attachment #1).
HF&H confirmed that a 2.94% rate increase is applicable for Recology’s services to the City of Pacifica in 2025. This increase is below the maximum allowable rate adjustment of 6%, as outlined in the Agreement, and aligns with the adjustment procedures in the Agreement.
Based on the findings of HF&H’s financial review, the City Manager recommends that the City Council approve a resolution confirming Recology of the Coast’s proposed 2.94% annual rate increase for 2026. The proposed increase does not exceed the allowable maximum rate of 6% and City has reviewed the annual rate increase to confirm accuracy and consistency with the Rate Adjustment procedures specified in the Agreement.
ALTERNATIVE ACTION:
Council may choose not to adopt the resolution confirming the Recology rate increase, however, this would not be in accordance with the Agreement the City signed with Recology of the Coast and is not recommended.
FISCAL IMPACT:
The Recology of the Coast rates would increase by 2.94% starting in 2026.
CEQA:
The confirmation of the rate increase would be exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility approval would cause a significant effect on the environment as it is an administrative item and will not change the services provided by Recology.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment 1 - Pacifica RY17 CBRA 10.20.25 (PDF)
10 Packet Pg. 289
Pacifica City Council 3
November 24, 2025
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CONFIRMING RECOLOGY OF THE COAST’S (RECOLOGY) 2026 RATE APPLICATION FOR A RATE INCREASE OF 2.94% IS ACCURATE AND CONSISTENT WITH THE ANNUAL RATE ADJUSTMENT PROCEDURES SPECIFIED IN THE RECOLOGY AGREEMENT; AND
FINDING CONFIRMATION OF RATE INCREASE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3)
WHEREAS, in February 2010, the City of Pacifica entered into a franchise agreement with Recology of the Coast (“Recology”) for Recyclable Materials, Organic Materials, and Solid Waste Collection Services (“Agreement”); and WHEREAS, the City and Recology executed a First Amendment to the Franchise Agreement on March 11, 2013; and
WHEREAS, on October 24, 2016, the City Council adopted Resolution No. 67-2016, extending the term of the Agreement for an additional five years until December 31, 2022; and WHEREAS, the Agreement generally grants Recology the exclusive right and franchise to collect waste materials in Pacifica. This includes solid waste, targeted recyclable material and organic materials on residential, commercial and City premises as well as construction and demolition; and
WHEREAS, on October 10, 2022, the City Council adopted a Resolution approving a Second Amendment to the Franchise Agreement, which among other things, extended the term an additional 10 years until December 31, 2032 with an option to extend an additional five years; and
WHEREAS, the Second Amendment also revised the Annual Rate Application Process identified in the Agreement to clarify that Recology ultimately sets the rate charged to the ratepayers; and
WHEREAS, for future rate adjustments, the City’s role would be to undertake an administrative review of the application for a rate increase to confirm accuracy and consistency with the rate adjustment procedures specified in the Agreement; and WHEREAS, on November 25, 2024, the City Council adopted a Resolution approving the Third Amendment to the Agreement, which added grit and screenings disposal services for the Calera Creek Water Recycling Plant and revised the location of the organic material disposal facility; and
WHEREAS, the City hired HF&H Consultants in August 2025 to conduct a financial review of the proposed 2026 rate increase in accordance with Section 11.03(B) of the Agreement; and
WHEREAS, HF&H Consultants have confirmed the accuracy and consistency of the requested Recology rate adjustment procedures specified in the Agreement. 10 Packet Pg. 290
Pacifica City Council 4
November 24, 2025
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica does hereby resolve as follows:
1. The confirmation of the rate increase would be exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility approval would cause a significant effect on the environment as it is an administrative item and will not change the services provided by Recology.
2. Recology of the Coast’s application for 2026 rate increase of 2.94% is accurate and consistent with the annual rate adjustment procedures specified in the Agreement and does not exceed the allowable maximum rate of 6%.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24
th day of November 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 10 Packet Pg. 291
HF&H Consultants
590 Ygnacio Valley Rd. Suite 105
Walnut Creek, CA 94596
Phone: (925) 977-6950
Web: hfh-consultants.com
October 20, 2025
Melissa Tigbao, PE
Public Works Director
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Sent via email: [email protected]
Subject: Review of Recology of the Coast’s 2026 Rate Application Dear Melissa Tigbao, PE,
It is our pleasure to present to the City of Pacifica (City) the results of the scheduled costbased rate adjustment (CBRA) resulting in new solid waste collection rates to be effective January 1, 2026. This report documents HF&H Consultants, LLC’s (HF&H) review of Recology of the Coast’s (Recology) Rate Year 17 (RY17) contractor’s compensation application (Application) requesting a 4.53% increase to customer rates. Our findings and recommendations are organized into the four sections:
I. Summary and Recommendations
II. Background
III. HF&H Analysis
IV. Rate Adjustment Factor
It should be noted that this report is based solely on our review of Recology’s Application prepared in accordance with the methodology prescribed in the Franchise Agreement Between City of Pacifica and Recology of the Coast for Recyclable Materials, Organic Materials, and Solid Waste Collection Services, including all subsequent amendments (Agreement), which commenced on February 9, 2010.
I. Summary and Recommendations
Based on our review of the Application performed in accordance with procedures in Section
11.03.A.2 and Attachment K of the Agreement, HF&H determined that a total increase of
2.94% to Recology’s total compensation is necessary to compensate Recology for its allowable expenses. Since the recommended rate increase is less than the 9.00% cap on annual rate adjustments, there will be no roll-over to future rate years. Attachment A to this report summarizes the recommended 2026 rates, which reflect a 2.94% increase to the 2025 rates and will become effective January 1, 2026. We believe this 2.94% increase is reasonable based on:
Our independent analysis conducted in accordance with the procedures in the Agreement
ATTACHMENT 1 10.a
Packet Pg. 292 Attachment: Attachment 1 - Pacifica RY17 CBRA 10.20.25 [Revision 1] (6054 : Resolution - Adopt Resolution Confirming 2026 Recology Rate Melissa Tigbao, PE
October 20, 2025