1 RESOLUTION NO. 2026-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFICA INITIATING TEXT AMENDMENT TA-131-26 AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF ARTICLE 49 “SHORT-TERM RENTALS” OF CHAPTER 4 OF TITLE 9 OF THE CITY OF PACIFICA MUNICIPAL CODE (PMC) INCLUDING SECTIONS 9-4.4902(m), 9-4.4903(c), 9-4.4904(a), 9-4905(t), AND 9-4905(v),
AS NECESSARY TO IMPLEMENT CERTAIN PROVISIONS OF ITS LOCAL COASTAL
PROGRAM AS CERTIFIED, WITH SUGGESTED MODIFICATIONS, BY THE CALIFORNIA COASTAL COMMISSION AT THEIR MEETING ON AUGUST 12TH, 2026; AND FINDING THE
TEXT AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2026-024)
___________________________________________________________________ Initiated by: City of Pacifica
WHEREAS, on June 11, 2018, the City Council of the City of Pacifica adopted Ordinance 835-C.S. adding Article 49 "Short-Term Rentals" ("STRs") to Chapter 4 of Title 9 of the Pacifica Municipal Code to establish regulations governing the short-term rental of residential property within the City of Pacifica; and
WHEREAS, on February 27, 2023, the City Council adopted Ordinance 888-C.S. repealing and replacing Article 49 "Short-term Rentals" of Chapter 4 of Title 9 of the Pacifica Municipal Code relating to the regulation and permitting of short- term rentals; and WHEREAS, during 2024, the City Council advanced Goal 3: prioritize protection and development of affordable housing, Strategy 3.2: Update the Short-Term Rental Ordinance of the City’s Strategic Plan 2023 to 2030; and
WHEREAS, advancement of Goal 3, Strategy 3.2 of the City’s Strategic Plan included a comprehensive evaluation of the program’s status and enforcement activity; and WHEREAS, the California State Legislature has declared that housing is statewide concern; and
WHEREAS, preservation of existing housing is an integral component of the City of Pacifica Housing Element; and
WHEREAS, the stock of naturally affordable housing that comes from multi-family complexes is being impacted by short-term rentals, reducing affordable housing; and 2 WHEREAS, the City Council held a Study Session on June 24, 2024, to receive information on the Short-Term Rental Program and provide direction on potential ordinance provisions for City staff to research and analyze and bring back to Council; and WHEREAS, the City Council held a Study Session on August 26, 2024, with continued deliberations occurring on September 8, 2024, to consider implementation impacts for each of the policy and regulatory compliance topics discussed at the June Study Session, and to provide direction on provisions for the updated Short-Term Rental Ordinance; and WHEREAS, on November 5, 2024, city staff consulted with California Coastal Commission staff to discuss feasibility of the proposed text amendments; and WHEREAS, during the November 5, 2024 consultation between City staff and CCC staff, four areas of potential concern were identified and feedback was provided, including parking requirements, short-term rental density limitations, use of multi-family dwellings as short-term rentals, and minimum rental duration requirements; and WHEREAS, on December 4, 2024, the City Council held a Special Council Meeting to receive updates regarding the November 5, 2024 consultation meeting between City staff and California Coastal Commission discuss the four topics of concern and provide feedback and direction to staff on ordinance provisions and amendments; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-127-25 (File No. 2025-001) (“Draft Ordinance”) on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6 to 0 with 0 of absences, initiating and recommending City Council approval of Text Amendment TA127-25.
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on February 24, 2025, provided additional direction to the City Manager on revisions to the draft Ordinance, and adjourned the meeting to a future date to continue deliberations; and
WHEREAS, the City Council continued deliberations on April 14, 2025, at a duly noticed public hearing, provided final direction to the City Manager for revisions to the draft Ordinance, and directed the City Manager to refer the revisions back to the Planning Commission for review and recommendation; and
WHEREAS, on June 16, 2025, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No. 2025-001) and adopted Resolution No. 2025-006 by a vote of 6-0 initiating and 3 recommending to the City Council adoption of Text Amendment TA-157-25 (File No. 2025- 001); and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on July 14, 2025, and introduced Ordinance No. 901-C.S. on the same day; and WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on August 11, 2025, and adopted Ordinance No. 901-C.S. on the same day; and WHEREAS, Public Resources Code Section 30514 provides that any ordinance enacted by the City Council which amends the City's zoning standards or zoning map shall not take effect within the Coastal Zone until the California Coastal Commission certifies an amendment to the City's Local Coastal Program; and
WHEREAS, the City of Pacifica submitted an application for a Local Coastal Program Amendments which included the STR zoning text amendments of Ordinance No. 901-C.S., to the California Coastal Commission on December29, 2025 (LCP-2-PАС-25-0079-2); and WHEREAS, LCP-2-PАС-25-0079-2 was agendized for a duly noticed California Coastal Commission public hearing on February 4, 2026 with a staff recommenation to approve the LCP Amendment “as submitted” but was continued to a date uncertain at the request of Coastal Commission staff; and
WHEREAS, LCP-2-PАС-25-0079-2 was again agendized for a duly noticed California Coastal Commission public hearing on August 12, 2026, but the Coastal Commission staff recommendation had changed to include approval with modifications; and WHEREAS, on that same date, the California Coastal Commission certified the proposed amendments to the Local Coastal Program Amendment, with modifications suggested by the Coastal Commission that would eliminate the primary residency requirement for STRs in areas within the Coastal Zone and increase the maximum number of nights an unhosted STR in areas within the Coastal Zone can be rented from 60 to 120 nights; and
WHEREAS, pursuant to California Public Resources Code section 30513(c), the City of Pacifica may accept, agree, and adopt the modifications to the zoning text certified by the California Coastal Commission and as reflected in Text Amendment TA-131-26 in order to effectuate the STR zoning text amendments in the Coastal Zone; and 4 WHEREAS, on August 25, 2026, the City Council and Planning Commission held a joint meeting to receive public input and discuss Coastal Commission Modifications to City of Pacifica LCP Amendment Number 2-PAC-25-0079-2; and
WHEREAS, following the special joint meeting, the Planning Commission held a duly noticed public hearing at a special meeting on August 25, 2026, on the proposed amendments contained in Text Amendment TA-131-26, and adopted Resolution No. 2026- 008 by a vote of 6-0 with 1 absence initiating and recommending City Council approval of Text Amendment TA-131-26.
NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Pacifica as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings, the Planning Commission relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
3. The Planning Commission hereby finds that the proposed Draft Ordinance and included amendments to Article 49 are consistent with the General Plan and Local Coastal Plan as follows:
a. General Plan Housing Element Program HE-I-7 Preserve Existing Affordable Housing Units, in that:
i. The amended provisions limit the number of unhosted rental nights in areas within the Coastal Zones to ensure that residential units are also available for longer-term habitation (more than 30 days) for the majority of the year.
b. General Plan Policy ES-G-1 Leverage Assets (Leverage Pacifica’s coastal location and unique assets as a primary means to strengthen the local economy, focusing on increasing tourism facilities, including shops, hotels, restaurants, and hiking trails), in that:
i. Short-term rentals increase tourism by providing a diverse range of accommodation options; and
ii. Short-term rentals contribute to the City’s local economy by generating business license tax and transient occupancy taxes 5 (TOT), revenues from which can be used to fund essential city services such as infrastructure and recreation facility improvements, benefiting both the tourist and local economies; and
iii. Short-term rentals attract a diverse tourist base to the city, introducing new customers to local shops and restaurants; and iv. Tourists who patronize these local businesses directly strengthen the local economy by generating revenue for local businesses and contributing to the city’s sales tax base; and
v. Short-term rentals provide supplemental income opportunities for Pacifica residents, fostering economic empowerment and enabling contribution to the local economy through increased spending at local businesses, or by pursuing their own local business; and vi. The amended provisions to the short-term rental program effectively leverage the city's unique assets and strengthen the local economy.
c. General Plan Policy CD-G-3 Neighborhood Conservation (Preserve the unique qualities of each of Pacifica’s residential neighborhoods.
Incorporate neighborhood narratives into the General Plan to reflect these unique qualities and inform appropriate development standards and other policies), in that:
i. The amended provisions preserve the unique qualities of residential neighborhoods in areas within the Coastal Zone by expanding operating regulations that address potential
neighborhood impacts such as noise, litter, and parking. d. Local Coastal Land Use Plan Implementing Policy LD-I-6, Lower Cost Visitor and Recreational Facilities (protect, encourage, and where feasible, provide lower-cost visitor and recreational facilities in the Coastal Zone.
These include major, free recreational attractions such as Pacifica Pier and Pacifica State Beach; the public golf course at Sharp Park; the San Francisco RV Park; California Coastal Trail and other trails, lower cost overnight accommodations; and numerous beaches accessible at no cost) in that
6 i. The amended provisions would maintain allowances for STRs within the Coastal Zone, while providing additional regulatory and permitting requirements to address operational impacts on residential uses.
4. The public necessity, convenience, and general welfare clearly permit the adoption of the Draft Ordinance, in that clarifying operating regulations for unhosted short-term rentals to reduce neighborhood impacts and ensures short-term rentals operate in a compatible manner with existing residential uses.
5. The Planning Commission further finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061(b)(3) of the State CEQA Guidelines, because CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Additionally, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15301(Class 1-Existing Facilities) as the Draft Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units. The Draft Ordinance involves negligible or no expansion of existing or former use. This Ordinance is an exercise of the City’s police power to reduce the adverse effects of shortterm rentals. As a result, this Ordinance will not result in direct or indirect physical changes in the environment and is not subject to CEQA.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby recommend approval to the City Council of the City of Pacifica the zoning text amendment described in Text Amendment TA-131-26, attached hereto as Exhibit 1 to this Resolution.
*****
PASSED AND ADOPTED at a special meeting of the Planning Commission of the City of Pacifica, California, held on the 25th day of August 2026.
AYES, Commissioners: Berman, Davis, Ferguson, Hauser, Redfield, Sanchez NOES, Commissioners: n/a
ABSENT, Commissioners: Fisher
7 ABSTAIN, Commissioners: n/a
____________________________
Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Samantha Updegrave, Michelle Kenyon, City Attorney
Community Development Director
EXHIBIT 1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA TEXT AMENDMENT TA-131-26 AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF ARTICLE 49 “SHORTTERM RENTALS” OF CHAPTER 4 OF TITLE 9 OF THE CITY OF PACIFICA MUNICIPAL CODE (PMC) INCLUDING TO SECTIONS, 9-4.4901(m), 9-4.4903(c), 9-
4.4904(a), 9-4905(t), AND 9-4905(v), AS NECESSARY TO IMPLEMENT CERTAIN
PROVISIONS OF ITS LOCAL COASTAL PROGRAM AS CERTIFIED, WITH
SUGGESTED MODIFICATIONS, BY THE CALIFORNIA COASTAL COMMISSION AT THE COASTAL COMMISSION HEARING ON AUGUST 12TH, 2026; AND FINDING
ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (FILE NO. 2026-024)
WHEREAS, on June 11, 2018, the City Council of the City of Pacifica adopted Ordinance 835-C.S. adding Article 49 "Short-Term Rentals" ("STRs") to Chapter 4 of Title 9 of the Pacifica Municipal Code to establish regulations governing the short-term rental of residential property within the City of Pacifica; and WHEREAS, on February 27, 2023, the City Council adopted Ordinance 888-C.S. repealing and replacing Article 49 "Short-term Rentals" of Chapter 4 of Title 9 of the Pacifica Municipal Code relating to the regulation and permitting of short- term rentals; and
WHEREAS, during 2024, the City Council advanced Goal 3: prioritize protection and development of affordable housing, Strategy 3.2: Update the Short-Term Rental Ordinance of the City’s Strategic Plan 2023 to 2030; and WHEREAS, advancement of Goal 3, Strategy 3.2 of the City’s Strategic Plan included a comprehensive evaluation of the program’s status and enforcement activity; and
WHEREAS, the California State Legislature has declared that housing is statewide concern; and
WHEREAS, preservation of existing housing is an integral component of the City of Pacifica Housing Element; and
WHEREAS, the stock of naturally affordable housing that comes from multi-family complexes is being impacted by short-term rentals, reducing affordable housing; and WHEREAS, the City Council held a Study Session on June 24, 2024, to receive information on the Short-Term Rental Program and provide direction on potential ordinance provisions for City staff to research and analyze and bring back to Council; and
WHEREAS, the City Council held a Study Session on August 26, 2024, with continued deliberations occurring on September 8, 2024, to consider implementation impacts for each of the policy and regulatory compliance topics discussed at the June Study Session, and to provide direction on provisions for the updated Short-Term Rental Ordinance; and
WHEREAS, on November 5, 2024, city staff consulted with California Coastal Commission staff to discuss feasibility of the proposed text amendments; and WHEREAS, during the November 5, 2024, consultation between City staff and CCC staff, four areas of potential concern were identified and feedback was provided, including parking requirements, short-term rental density limitations, use of multi-family dwellings as short-term rentals, and minimum rental duration requirements; and WHEREAS, on December 4, 2024, the City Council held a Special Council Meeting to receive updates regarding the November 5, 2024, consultation meeting between City staff and California Coastal Commission discuss the four topics of concern and provide feedback and direction to staff on ordinance provisions and amendments; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-127-25 (File No. 2025-001) (“Draft Ordinance”) on January 21, 2025, and adopted Resolution No. 2025-001 by a vote of 6 to 0 with 0 of absences, initiating and recommending City Council approval of Text Amendment TA127-25.
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on February 24, 2025, provided additional direction to the City Manager on revisions to the draft Ordinance, and adjourned the meeting to a future date to continue deliberations; and
WHEREAS, the City Council continued deliberations on April 14, 2025, at a duly noticed public hearing, provided final direction to the City Manager for revisions to the draft Ordinance, and directed the City Manager to refer the revisions back to the Planning Commission for review and recommendation; and
WHEREAS, on June 16, 2025, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-157-25 (File No. 2025-001) and adopted Resolution No. 2025-006 by a vote of 6-0 initiating and recommending to the City Council adoption of Text Amendment TA-157-25 (File No. 2025-001); and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on July 14, 2025, and introduced Ordinance No. 901-C.S. on the same day; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on August 11, 2025, and adopted Ordinance No. 901-C.S. on the same day; and
WHEREAS, Public Resources Code Section 30514 provides that any ordinance enacted by the City Council which amends the City's zoning standards or zoning map shall not take effect within the Coastal Zone until the California Coastal Commission certifies an amendment to the City's Local Coastal Program; and WHEREAS, the City of Pacifica submitted an application for a Local Coastal Program Amendments which included the STR zoning text amendments of Ordinance No. 901-C.S., to the California Coastal Commission on December29, 2025 (LCP-2-PАС25-0079-2); and WHEREAS, LCP-2-PАС-25-0079-2 was agendized for a duly noticed California Coastal Commission public hearing on February 4, 2026 with a staff recommenation to approve the LCP Amendment “as submitted” but was continued to a date uncertain at the request of Coastal Commission staff; and
WHEREAS, LCP-2-PАС-25-0079-2 was again agendized for a duly noticed California Coastal Commission public hearing on August 12, 2026, but the Coastal Commission staff recommendation had changed to include approval with modifications; and
WHEREAS, on that same date, the California Coastal Commission certified the proposed amendments to the Local Coastal Program Amendment, with modifications suggested by the Coastal Commission that would eliminate the primary residency requirement for STRs in areas within the Coastal Zone and increase the maximum number of nights an unhosted STR in areas within the Coastal Zone can be rented from 60 to 120 nights; and
WHEREAS, pursuant to California Public Resources Code section 30513(c), the City of Pacifica may accept, agree, and adopt the modifications to the zoning text certified by the California Coastal Commission and as reflected in Text Amendment TA-131-26 in order to effectuate the STR zoning text amendments in the Coastal Zone; and WHEREAS, on August 25, 2026, the City Council and Planning Commission held a joint meeting to receive public input and discuss Coastal Commission Modifications to City of Pacifica LCP Amendment Number 2-PAC-25-0079-2; and WHEREAS, following the special joint meeting, the Planning Commission held a duly noticed public hearing at a special meeting on August 25, 2026, on the proposed amendments contained in Text Amendment TA-131-26, and adopted Resolution No. 2026-008 by a vote of 6-0 with 1 absence initiating and recommending City Council approval of Text Amendment TA-131-26.
WHEREAS, the City Council held a duly noticed public hearing on the proposed ordinance on September 8, 2026, and introduced Ordinance No. ### on the same day; and
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendment. Section 9-4.4901, Article 49, “Short-Term Rentals” of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is amended as follows, with additions identified in underline and deletions identified in strikethrough:
“Sec. 9-4.4901. Definitions.
(m) “Primary residence” means a residence where a Person resides, full-time, for more than six months out of the year. Primary residence shall not include an accessory dwelling unit or a Junior accessory dwelling unit. Primary Residence requirements shall apply outside of the Coastal Zone pursuant to section 9-4.4903(c).”
Section 3. Amendment. Section 9-4.4903, Article 49, “Short-Term Rentals” of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is amended as follows, with additions identified in underline and deletions identified in strikethrough:
“Sec. 9-4.4903. Standards applicable to Short-term Rental Sites.
The following standards shall apply to any Site offered as a Short-term Rental. No Short-term Rental Permit shall be issued if the Site is not compliant with the following:
(a) In accordance with Section 9-4.453(a)(6) and 9-4.454(a)(6), no Person may Operate a Short-term Rental in any accessory dwelling unit or junior accessory dwelling unit.
(b) No Person shall Operate or allow a Short-term Rental in any location not approved for use as a permanent dwelling unit (received Certificate of Occupancy or equivalent final inspection), including, but not limited to, any vehicle, trailer, tent, storage shed or garage;
(c) In areas outside of the Coastal Zone, each Each Operator Operating a Short-term Rental shall have their Primary Residence at the Site of the Short-term Rental. To prove Primary Residency, the Operator Person must provide at least three forms of documentation to the Administrator evidencing that the Site of the Short-term Rental is their Primary Residence for more than six months of the year. A State or Federally issued
identification card must be one of the documents provided, and others may include, but are not limited to, proof of homeowner's tax exemption, voter registration card or certificate, or proof of vehicle registration. (d) An Operator shall Operate only one Short-term Rental at any given time; (e) For a single-family residential unit or a residential condominium dwelling unit, one Short-term Rental may Operate as an accessory use on the Site; and
(f) For a Multi-family development, only Hosted Short-term Rentals may be Operated as an accessory use to an individual unit within the Multi-family development.”
Section 4. Amendment. Section 9-4.4904, Article 49, “Short-Term Rentals” of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is amended as follows, with additions identified in underline and deletions identified in strikethrough:
“Sec. 9-4.4904. - Short-term Rental Permit required.
Subject to those requirements in Section 9-4.4903 and subject to the Short-term Rental Permit cap specified in Section 9-4.4902, a Short-term Rental Permit along with a Short-Term Rental Permit number may be approved and issued by the Administrator, provided that the Administrator determines the applicant has met the following requirements:
(a) Application. Any Person seeking to Operate a Short-term Rental must complete an application on a form provided by the City, accompanied with the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:
i. Name and contact information of the Operator;
ii. All adults for whom the property is a permanent residence shall be listed;
iii. The name and contact information of the authorized Responsible Party. Any change in the Responsible Party’s address or telephone number shall be promptly furnished to the City within 48 hours of such change;
iv. Site plan showing location, dimensions, and use of all existing buildings on the Site, and on-Site parking;
v. Floor plan showing the use of all rooms per the California Building Code, and identifying Legally Permitted Bedrooms Rooms, rooms and doors to be used for the Short-term Rental;
vi. If the Operator is not the property owner, the property owner’s written consent to the Short-term Rental use;
vii. In areas outside of the Coastal Zone, the The Operator shall provide documentation required by section 9-4.4903(c) that the Site is the Operator’s Primary Residence;
viii. Identification of whether the Short-term Rental shall be a Hosted or Unhosted Short-term Rental or combination of both, and the estimated number of nights per year the Short-term Rental will be rented;
ix. Advertising platform(s) used by the Operator to advertise the Shortterm Rental; x. Proof that the Operator has installed a Noise Monitor on the exterior of the Short-term Rental in a location to ensure that accurate noise levels can be taken by the Noise Monitor;
xi. Proof of insurance or insurance certificate for the Site. xii. The permit application and any associated business licenses shall include an affidavit signed by the owner under penalty of perjury stating that all the information in the application is correct and that the owner maintains full responsibility that the Short-term Rental shall be advertised, rented, operated, and maintained in compliance with this article and all other relevant municipal codes. Failure to sign the affidavit shall be grounds for denial of a Short-term Rental Permit. (b) The permit application shall be accompanied by an application fee in an amount established by City Council resolution. Applications for a Short-term Rental Permit shall not be deemed complete until all information required by this article is provided and the Short-term Rental application fee, as set by City Council resolution, is paid to the City.
(c) The permit application shall be accompanied by a signed safety declaration, under penalty of perjury, in a form prepared by the Administrator, to be kept in the property file at the City, self-certifying that the Short -term Rental is in a safe and habitable condition and contains working smoke detector(s), carbon monoxide detector(s), and fire extinguishers have been installed
and maintained consistent with the requirements of and in compliance with the California Fire Code, as adopted by the City in Title 4, Chapter 3, Article 1 of this Code and the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8 of this Code.
(d) Inspection of Short-term Rentals. For Short-term Rentals, the City shall conduct a life, safety and health inspection of the proposed Short-term Rental unit, prior to issuing a Short-term Rental Permit. (i) A life, safety, and health and safety inspection shall include verification of the number of Legally Permitted Bedrooms, the presence and operation of working smoke detector(s), carbon monoxide detector(s), fire extinguishers, pools/spas, and lighted ingress/egress. The City shall also verify that no space has been converted into a bedroom or living space without permits required by the California Building Code, International Property Maintenance Code and Residential Code, as adopted by the City in Title 8, or any other provision of this Code.
(ii) The permit application shall be accompanied by a separate STR inspection fee in an amount established by City Council resolution. (e) Consent to Inspection and Production of Records. For all Short-term Rentals, the permit application shall be accompanied by a consent to inspection in a form prepared by the Administrator, which shall be signed by the Operator and if the Operator is not the owner of the Site, the owner of the Site consenting to (i) physical inspection(s) by city staff, contractors, or representatives for the purpose of verifying compliance with this article during regular business hours (7:30 a.m. to 5:30 p.m.) upon forty-eight (48) hours’ notice and (ii) that if said inspection is deemed necessary by the Administrator because of complaints received by the City of noncompliance, the Operator will produce records demonstrating compliance with all provisions of this article within seven (7) calendar days of the request.
(f) Compliance with the Municipal Code. No Short-term Rental Permit shall be issued if there are any unresolved or outstanding building, electrical, plumbing, fire, health, housing, police, or planning violations or enforcement actions issued by the City or other enforcement agency, including but not limited to, any administrative citations, notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices related to the Site.
(g) Compliance with Operation Requirements. No Short-term Rental Permit shall be issued if the Site has had two or more violations of this article within twelve months prior to application submittal. No Short-term Rental Permit shall be issued if the Operator has had a Short-term Rental Permit revoked within twelve months of the application date by the City of Pacifica. (h) Waitlist. The Administrator will maintain a waiting list when the number of Short-term Rental applicants exceeds the Short-term Rental Permit cap identified in Section 9-4.4902. The Administrator will continually maintain the Short-term Rental Permit cap inventory as Permits are not renewed or revoked. Persons wishing to be placed on the waitlist shall submit a waitlist application on a form provided by the City accompanied by the completed Short-term Rental Permit application required by Section 9-4.4904(a). A nonrefundable waitlist application fee in an amount established by resolution of the City Council shall be remitted with the application. Shortterm Rental applications for qualifying properties on the waitlist will be processed bi-annually between October 31 and November 30 of each year and between April 30 and May 31 of each year based on the date of receipt of the application, starting with the oldest date. The Administrator, in their discretion, may require an Applicant placed on the waitlist to provide updated information at the time a Short-Term Rental Permit becomes available, in accordance with requirements in place at the time the application is being considered.
(i) Appeals of Determination of Administrator. Any decision of an Administrator relating to an application or the waitlist may be appealed within ten (10) days of the decision of the Administrator to an administrative hearing officer, pursuant to the process specified in section 9-4.4908(d). (j) All Operators and their respective Sites, authorized by the City for the Operation of a Short-term Rental pursuant to this article, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry on the City’s website, and a copy shall be sent electronically to any Person or Hosting Platform upon request.” Section 5. Amendment. Section 9-4.4905, Article 49, “Short-Term Rentals” of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is amended as follows, with additions identified in underline and deletions identified in strikethrough:
“Sec. 9-4.4905. Operation Requirements.
A Short-term Rental must comply with the following operation requirements at all times that the Short-term Rental Permit is issued:
(a) Permit required. The Short-term Rental must be operated under a valid Short-term Rental Permit issued by the City in accordance with Section 9-
4.4904;
(b) The Operator shall, during the term of the Short-term Rental Permit, promptly inform the Administrator regarding any changes to the information provided in the application, including contact information and Advertising platform(s) used by the Operator to advertise the Short-term Rental; (c) The Operator shall, at all times while the Site is being used as a Short-term Rental, maintain a Responsible Party that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the Short-term Rental. The Operator can be identified as the Responsible Party. The Responsible Party shall be a local contact person who shall meet all of the following requirements: 1) be available 24 hours per day and seven days a week when the Short-term Rental is in Operation and 2) be accessible and able to respond in person at the Short-term Rental within a reasonable time of 30 minutes to any complaint regarding condition, operation, or conduct of occupants of the dwelling and 3) be responsive to take remedial action necessary to resolve any violation of the requirements of this article;
(d) The Operator must provide the following materials electronically to any Short-term Renters before arrival and make available printed materials at the Site for the guest with the following information:
i. A diagram of exits, fire extinguisher locations, and fire and police contact numbers;
ii. The Short-term Rental Operator’s contact information; iii The Responsible Party’s contact information;
iv. Information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations, disclosure that the property is equipped with a noise monitoring device, quiet hours, and trash, composting, and recycling disposal requirements including collection time and date and instructions on collection and use of the collection containers;
v. The City's noise regulations (Chapter 10 of Title 5 of this Code); and vi. The City's Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code);
(e) The Operator shall include the City-issued Short-term Rental Permit number in any Advertising platform or any other advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of a Short-term Rental on the Site. The Short-term Rental Permit number must also be prominently and legibly included in the first line of the property description text in any
advertisement in the following format: “City of Pacifica Short-term Rental Permit No. #### ”;
(f) Each Short-term Rental Site shall be identified with a single, weatherproof exterior sign, not more than two (2) square feet in total area, posted either at the front of the Site and visible from the right-of-way for single family dwellings, or on the door if it is a hosted Multi-family dwelling unit or condominium, indicating the Site is being utilized as a Short-term Rental.
The sign shall include the Short-term Rental Permit number and a Quick Response (QR) code that is a minimum of 3-by-3 inches with the Operator’s name and contact information and the Responsible Party’s name and contact information, if different, and a link to the City’s code enforcement website. The sign shall be in a form approved by the Administrator. At a minimum, the sign shall be posted while the Site is being utilized as a Shortterm Rental; (g) A Short-term Rental shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity or neighborhood parking impacts. The property address shall be clearly marked;
(h) A Short-term Rental shall comply with all provisions of the Pacifica Municipal Code, including, but not limited to the City’s noise regulations (Chapter 10 of Title 5 of this Code) and the Loud and Unruly Gatherings and Social Host Liability Ordinance (Chapter 28 of Title 5 of this Code), Garbage, Collection and Recycling (Chapter 5 of Title 6 of this Code), and the Building Regulations (Chapters 1-17 of Title 8 of this Code); (i) A Short-term Rental shall comply with all applicable state and local laws and orders, including any public health order;
(j) Each Person Operating a Short-term Rental shall comply with the transient occupancy tax requirements set forth in Chapter 7 of Title 3 (Transient Occupancy Tax) of this Code, and shall obtain a Transient Occupancy Registration Certificate pursuant to Section 3.7-06 for the entire period of time the Site is used as a Short-term Rental;
(k) Each Person Operating a Short-term Rental shall obtain a business license and pay the business license tax required pursuant to Chapter 1 of Title 3 (Business Licenses) of this Code for the entire period of time the Site is used as a Short-term Rental;
(l) The Operator of a Hosted Short-term Rental must be on-Site between the hours of 11:00 p.m. and 6:00 a.m. when the Site is being utilized as a Shortterm Rental;
(m) Maximum overnight occupancy for all Short-term Rentals shall not exceed two (2) Short-term Renters per Legally Permitted Bedroom. Children under the age of six (6) shall not count towards these occupancy limits; (n) In addition to the maximum number of Short-term Renters allowed, the number of Visitors allowed at any time in a Short-term Rental shall not exceed one half of the maximum Short-term Renters allowed, and visitor hours are limited to 8:00 a.m. – 10:00 p.m.;
(o) Short-term Renters shall not make any excessive or loud noise during Quiet Hours from 10:00 p.m. to 7:00 a.m. daily;
(p) Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.;
(q) In addition to the noise standards identified in Chapter 10 of Title 5 and Chapter 28 of Title 5 of this Code, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any Shortterm Rental. Any machine, device or equipment that amplifies music inside any Short-term Rental shall not be heard beyond the property line of the Short-term Rental at all times;
(r) Each Operator shall install and maintain in continuous operation a Noise Monitor on the exterior of the Short-term Rental to ensure compliance with the City’s noise regulations (Chapter 10 of Title 5 of this Code). The Operator shall retain a record of the Noise Monitor readings for a period of thirty (30) days after each Rental of the Short-term Rental; (s) The Short-term Rental must provide at least one off-street parking space per Legally Permitted Bedroom that is being utilized as a Short-term Rental, which shall be dedicated and available to Short-term Renters during the period of the Rental;
(t) Short-term Rentals shall not be concurrently used for any commercial Event (such as a corporate retreat or conference), and shall not be used for any non-commercial Event that is likely to result in a violation of traffic, parking, noise, or other standards regulating the residential use and character of the neighborhood. Home occupations conducted by the operator primary resident compliant with the City’s home occupation ordinance are allowed; provided that parking and all other requirements for both the Short-term Rental and the home occupation are met;
(u) Short-term Rental use shall comply with trash and recycling requirements and scheduled solid waste pick-up days at least once per week. Trash and
recycling containers shall be located to be readily accessible for servicing, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or any other places as to constitute a nuisance; and (v) Unhosted Short-Term Rentals. The following additional operation requirements shall apply only to Unhosted Short-term Rentals:
i. In areas outside of the Coastal Zone, an An Unhosted Short-term Rental shall be Operated no more than 60 nights per year, commencing on October 31st of each year and ending October 30th of each year.
ii. In areas within the Coastal Zone, unhosted short-term rental shall be operated no more than 120 nights per year, commencing on October 31 of each year and ending October 30 of each year.
iiiii. Minimum Stay. Unhosted Short-term Rentals shall have a minimum two consecutive night stay for Short-term Renters.
iviii. Unhosted Short-term Rentals are prohibited in Multi-family development units.”
Except as specifically modified herein, all other provisions of Article 49 shall remain unchanged.
Section 6. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment. The revised ordinance will continue to allow a maximum of 150 Short-term rentals in the City, the same number as the existing ordinance and will primarily establish operational requirements for existing short-term rentals that are designed to address community concerns and ensure responsible Shortterm rental operations. The revisions to the ordinance also do not involve any physical changes to the environment or the construction of new facilities or infrastructure.
Additionally, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15301(Class 1-Existing Facilities) as the Ordinance makes amendments to the City’s current short-term rental permitting program for existing residential dwelling units. The Ordinance involves negligible or no expansion of existing or former use. The text amendment would make amendments to the existing Short-term Rental STR Ordinance to, among other things, revise provisions related to Short-term rental operation and enforcement actions for non-compliance. The exceptions to the exception in CEQA Guidelines section 15300.2(a)-(f) do not apply to the draft Ordinance. The City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
Section 7. Severability. If any section, subsection, sentence, clause, or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 8. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.
Section 9. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. For areas within the Coastal Zone, this Ordinance shall not become effective until the California Coastal Commission certifies an amendment to the City’s local coastal program. *****
Section 9. PASSED AND ADOPTED this __ day of , 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney