CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/9/2026
1 SUBJECT:
Lease Agreement with the California State Lands Commission (“SLC”) for the Continued Use of Tidal and Submerged Lands as a Public Fishing Pier (Pacifica Pier) and Other Uses.
RECOMMENDED ACTION:
Adopt a Resolution Approving Lease Agreement 4585 between the City of Pacifica and the State Lands Commission (“SLC”) for the continued use of tidal and submerged lands as a public fishing pier (Pacifica Pier) and other uses; finding the approval of the Lease Agreement exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities); and authorizing the City Manager to execute the Lease Agreement and any related documents.
STAFF CONTACT:
Scott Leslie, Parks, Beaches and Recreation Director
(650) 446-4683
[email protected]
BACKGROUND/DISCUSSION:
On August 25, 1971, the SLC authorized Permit No. 4585.9 (“Permit) for the City’s use of State tidal and submerged lands, to allow the City to construct, operate and maintain a public fishing pier, a 30” diameter sanitary sewer outfall and a steel seawall around the edge of the Pacifica Pier’s deck. (Attachment 1). The Permit did not impose any rent but specified that consideration to the State for the Permit was the public benefit. The Permit term was from June 1, 1971, to May 31, 2020.
The Pacifica Pier was built in 1973. The Pier spans a total of 1,020 feet in an east-west direction into the Pacific Ocean and is used by locals and visitors for fishing and sight-seeing. A sewer pipeline is built within the deck of the Pier but is no longer in use and has been capped by the City. A steel seawall around the edge of the Pier’s deck is also in place.
In 2021, staff from the SLC approached the City with an updated lease to replace the existing Permit. The SLC and City staff agreed that the Permit terms would remain applicable until a new lease was executed. Since that time, SLC and City staff have had ongoing discussions regarding the potential terms of a new lease.
In 2024, SLC staff provided the current draft lease template (Lease 4585). City staff have worked with SLC staff to revise certain provisions to make them more flexible, given the City’s use of the Pier.
The proposed Lease 4585 is broken into 3 Sections, with Sections 2 modifying some of the terms in Section 3.
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Below is a summary of the more significant terms of the proposed Lease 4585:
• Lease Premises- include tide and submerged lands but also all improvements, such as the Pier, built upon the submerged lands.
• Specified Land Use-Public fishing pier, restaurant/café, restrooms, nonoperational sewer pipeline, educational/research and seawall; • Term- 20 years;
• Consideration-Public use and benefit but the City would agree that all revenue accruing to the City from use of the Lease Premises must be placed in a separate account and used for payment of Expenses. Any money remaining in the separate account after termination of the Lease would be transferred to the SLC;
• City would be responsible for any applicable taxes, insurance, cost of maintenance, utilities, repairs, or other costs or obligations associated with the Premises. The City can make certain “Emergency Repairs” without advance notice to the SLC and can close the Pier for events such as flooding, king tides or other inclement weather. “Major Repairs” will require approval from the SLC; • The City would be required to indemnify the SLC; and
• Upon termination of the Lease, the City would be responsible for removing the Improvements and restore the Premises to an unimproved condition.
Staff recommend approval of Lease 4585 in order that the City can continue to use the tidal and submerged land for public enjoyment of the Pier. (Attachment 2) If approved, Lease 4585 will need to be approved by the SLC.
ALTERNATIVE ACTION:
Do not approve the agreement and provide staff with alternative direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Review of this issue is not specifically a part of the workplan but does relate to Goal 02, “Improve and Steward City Infrastructure, Streets, and Facilities” of the Pacifica Strategic Plan 2023 to 2030.
FISCAL IMPACT:
There is no fiscal impact directly related to approving Lease 4585 since there is no rent that will be paid but as indicated above, the proposed terms of Lease 4585 would require the City to place any “Gross Income” from the use of the Lease Premises into a separate fund, which can only be used for the operation, maintenance and improvement to the Lease Premises. The City currently receives approximately $22,800 per year from the sublease to Chit Chat Café.
However, the costs of maintenance and repair each year far exceed this amount.
ENVIRONMENTAL REVIEW:
Approval of the proposed Lease 4585 is exempt from review pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities) as the approval of the lease is for an existing facility with negligible or no expansion of use.
ORIGINATED BY:
Parks, Beaches & Recreation Department
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ATTACHMENT LIST:
Lease 4585 Agreement with exhibits FINAL (PDF)
State Lands Commission Permit (Pier) 4840-2007-0129 v.1 (PDF) Pacifica City Council 4
March 09, 2026
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING LEASE AGREEMENT 4585 BETWEEN THE CITY OF PACIFICA AND THE STATE
LANDS COMMISSION FOR THE CONTINUED LEASE BY THE CITY OF TIDAL AND
SUBMERGED LANDS FOR USE AS A PUBLIC FISHING PIER (PACIFICA PIER) AND OTHER USES; FINDING THE APPROVAL OF THE LEASE AGREEMENT EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 (CLASS 1-EXISTING USE); AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY
RELATED DOCUMENTS
WHEREAS, on August 25, 1971, the California State Lands Commission (“SLC”) authorized Permit No. 4585.9 (“Permit) for the City’s use of State tidal and submerged lands, to allow the City to construct, operate and maintain a public fishing pier, a 30” diameter sanitary sewer outfall and a steel seawall around the edge of the Pacifica Pier’s deck; and WHEREAS, the City has constructed and currently maintains a public fishing pier; and WHEREAS, the Permit term was from June 1, 1971, to May 31, 2020; and WHEREAS, in 2021, staff from the SLC approached the City with an updated lease to replace the existing Permit; and
WHEREAS, SLC and City staff have had ongoing discussions regarding the potential terms of a new lease; and
WHEREAS, in 2024, SLC staff provided the current draft lease template (“Lease 4585”); and WHEREAS, City staff have worked with SLC staff to revise certain provisions to make them more flexible, given the City’s use of the Pier and is recommending approval of Lease 4585.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby finds that the approval of the proposed Lease 4585 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301 (Class 1-Existing Facilities) as the approval of the lease is for an existing facility with negligible or no expansion of use.
BE IT FURTHER RESOLVED that the City Council hereby approves Lease Agreement 4585 between the City of Pacifica and the SLC, attached hereto, for the continued use of tidal and submerged lands.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or designee to execute Lease Agreement 4585 in a form substantially similar to the one attached hereto, with minor amendments which may be approved by the City Manager and City Attorney, to take all necessary actions to implement its terms and to execute any documents necessary to effectuate the terms of Lease Agreement 4585.
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• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 9
th day of March, 2026, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA:
_________________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney