ORDINANCE NO. ###-##.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PACIFICA REPEALING AND REPLACING ARTICLE 41 (“DENSITY
BONUS PROGRAM”) OF CHAPTER 4, TITLE 9 OF THE PACIFICA
MUNICIPAL CODE AND ARTICLE 47 (“CITY OF PACIFICA BELOW
MARKET RATE (INCLUSIONARY) PROGRAM”) OF CHAPTER 4,
TITLE 9 OF THE PACIFICA MUNICIPAL CODE, AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
________________________________________________________________________ Initiated by: City of Pacifica
WHEREAS, the City’s Density Bonus Ordinance, codified as Article 41 of Chapter 4 of Title 9 of the Pacifica Municipal Code and based on California State Density Bonus law, was adopted on May 23, 1984, repealed and replaced on December 10, 1986, and last updated on February 12, 1992; and
WHEREAS, the City of Pacifica adopted a below market rate (“BMR”) inclusionary program pursuant to the General Plan and the City’s Five-Year Vision Statement, adding Article 47 to Title 9, Chapter 4 of the Pacifica Municipal Code on May 9, 2007, which has not been amended since; and
WHEREAS, significant changes to state housing and planning laws, federal requirements, and best practices have occurred since these updates, and amendments are needed to bring the City of Pacifica’s ordinances into alignment with these changes; and WHEREAS, the City’s adopted and certified 2023-2031 Housing Element includes three implementation programs related to the current density bonus and inclusionary requirements in the Zoning Ordinance that represent commitments to action by the City: HE-I-5 Fund a Housing Action Fund; HE-I-6 Strengthen Inclusionary Housing; and HE-I-14 State and Federal Law Conformance; and WHEREAS, on May 4, 2026, the City Council and Planning Commission held a hearing to receive a presentation from The Housing Endowment and Regional Trust of San Mateo County (“HEART”) and City staff regarding the Density Bonus Ordinance and Inclusionary Housing Ordinance; and
WHEREAS, during that hearing HEART and City Staff identified several amendments necessary to bring the Density Bonus Ordinance and Inclusionary Housing Ordinance into alignment with current state housing and planning law requirements and regional best practices; and
WHEREAS, at the conclusion of that study session, the City Council provided direction on amendments and directed the City Manager to prepare draft ordinances for consideration; and
2 WHEREAS, on May 4, 2026, the Planning Commission held a duly noticed public hearing on the proposed amendments contained in Text Amendment TA-129-26 (File No. 2026-006) and at the conclusion of that hearing, the Planning Commission continued the hearing to June 1, 2026, and directed staff to make a number of revisions to the ordinance and address comments submitted by the California Coastal Commission; and WHEREAS, on June 1, 2026, the Planning Commission held a duly noticed public hearing on the revised proposed amendments and adopted Resolution No. 2026-005 by a vote of 6 to 0 with 1 absence, initiating Text Amendment TA-129-26 (File No. 2026-006) and recommending adoption of the proposed ordinance; and WHEREAS, on July 20, 2026, the Planning Commission held a duly noticed public hearing to consider revisions to the proposed amendments to Sections 9-4.4102 (“Applicability”) and 9-4.4104 (“Local Coastal Program consistency”) contained in Text Amendment TA-129-26 (File No. 2026-005) that address density bonus projects in the Coastal Zone (“Coastal Zone Density Bonus Amendments”); and WHEREAS, at that same meeting on July 20, 2026, the Planning Commission approved incorporation of the Coastal Zone Density Bonus Amendments into the draft ordinance and adopted Resolution No. 2026-006 by a vote of 5 to 1 with 1 absence, initiating Text Amendment TA-129-26 and recommending adoption of the proposed ordinance, with the Coastal Zone Density Bonus Amendments; and WHEREAS, on August 24, 2026, the City Council held a duly noticed public hearing on the proposed ordinance and continued the item, at staff’s request, to September 14, 2026; and
WHEREAS, the City Council held the continued public hearing at their regular meeting on September 14, 2026, and introduced Ordinance No. ###-C.S..
NOW, THEREFORE BE IT RESOLVED by 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.
3 Section 2. Amendment. Article 41 (“Density Bonus Program”) of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is repealed and replaced in its entirety to read as follows:
Article 41. - Density Bonus Program
Sec. 9-4.4100. – Purpose and Intent.
Sec. 9-4.4101. – Applicability.
Sec. 9-4.4102. – Definitions.
Sec. 9-4.4103. – Application Requirements
Sec. 9-4.4104. – Local coastal program consistency.
Sec 9-4.4105 – Application review process.
Sec. 9-4.4106. – Density Bonus Housing Agreement.
Sec. 9-4.4107. – Density Bonus Calculations.
Sec. 9-4.4108. – Density Bonus Delivery and Design Standards.
Sec 9-4.4109. – Commercial Density Bonus
Sec 9-4.4110. – Interpretation.
Sec. 9-4.4100. – Purpose and Intent.
In accordance with California Government Code Sections 65915, et seq., this Article specifies how compliance with state density bonus law will be implemented. Specifically, the purpose of this Article is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by and consistent with state law. In enacting this Article, it is also the intent of the City of Pacifica to implement the goals, objectives, and policies of the City of Pacifica’s Housing Element of the General Plan. In the event of a conflict with this article and state law, state law shall govern.
Sec. 9-4.4101 Applicability.
(a) A housing development shall be eligible for a density bonus and other regulatory benefits that are provided by state density bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v) or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with state density bonus law.
4 (b) The granting of a density bonus, concession or incentive, waiver, or parking reduction pursuant to this Article, shall not be interpreted, in and of itself, to require a general plan amendment, zoning ordinance text amendment, zoning change, or other discretionary approval, or any additional CEQA studies for bonus units above the site's maximum density.
(c) For any housing development project located within the coastal zone that utilizes density bonus, the provisions of Section 9-4.4104 also apply. (d) Application of this Article does not waive application of other provisions of the City of Pacifica Municipal Code.
Sec. 9-4.4102 - Definitions.
The following terms are defined for purpose of this Article. In the event of a conflict between the words and phrases defined in this article and the words and phrases defined in Title 9 "Planning and Zoning,” Chapter 4 "Zoning," Article 2 "Definitions," the definitions in this Article shall prevail.
(a) "Base units" means the total number of units in a housing development, not including units added through a density bonus pursuant to this Article. (b) "Below Market Rate (BMR) unit" means any income-restricted dwelling unit created pursuant to and meeting the requirements of this Article. (c) "Concession" shall have the same meaning as the term "concession or incentive" pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (k), as may be amended.
(d) "Cost reduction" means a cost reduction that would be achieved for a housing development through a concession.
(e) "Density bonus" means a density increase over the otherwise maximum allowable residential density for a housing development as of the date the application is deemed complete, as prescribed by Government Code section 65915, as may be amended, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
(f) "Housing development" shall have the same meaning as the term "housing development" pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (i), as may be amended.
(g) "Maximum allowable residential density" means the maximum residential density allowed for a residential housing development under the Zoning Chapter and the land use element of the general plan. If the density allowed under the Zoning Chapter is inconsistent with the density allowed under the land use element of the 5 general plan, the general plan density shall prevail. For purposes of this definition, residential density shall be calculated based upon the gross acreage of a residential housing development.
(h) "State Density Bonus Law" means California Government Code Section 65915, et seq, as the same may be renumbered or amended.
(i) “Waiver” is a reduction or modification of any “development standards” and other regulations when those requirements potentially make the construction of the project physically infeasible if not approved, pursuant to state density bonus law, as defined in Government Code section 65915 subdivision (e).
Sec. 9-4.4103 Application Requirements.
(a) All requests for density bonuses, concessions, and waivers for a housing development shall be submitted as part of the application for approval of the housing development. No application for a housing project seeking a density bonus, concession or waiver may be deemed complete unless an affordable housing plan is submitted in accordance with the provisions of this Article. (b) An application for a density bonus shall include any required fees and the following minimum information as part of the Affordable Housing Plan required under Section 9-4.4706 of the Municipal Code:
(1) For a requested density bonus, the following information shall be required, in addition to any information required under Article 47, Section 9-4.4706 of the Municipal Code:
i. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed number of BMR units and income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
ii. The Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph. iii. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing 6 development is eligible for the additional bonus under that subparagraph.
iv. A description of all dwelling units existing on the site in the fiveyear period preceding the date of submittal of the application, including number of bedrooms, and identification of any units rented in the five-year period; and whether any are/were subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
1. number of bedrooms; and
2. identification of any units rented in the five-year period; and
3. whether any of the units are/were subject to any form of rent control through a public entity’s valid exercise of its police power;, or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
v. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known.
If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
vi. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.
(2) Concessions. The number of concessions that may be requested shall be the number the applicant is entitled to pursuant to state density bonus law. The application shall include the following minimum information for each concession requested:
i. The regulation from which the applicant is requesting a concession and the description of the proposed cost reduction.
7 (3) Waivers. For each waiver requested the applicant shall describe each waiver requested and how the requested waiver deviates from the City of Pacifica’s required development standard.
(4) Parking reductions. If a housing development is eligible for a density bonus pursuant to state density bonus law, the applicant may request an on-site vehicular parking reduction specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the concessions and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under state density bonus law, the paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction
(5) Density bonus or concession for a childcare facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
(6) Density bonus or concession for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
Sec. 9-4.4104 – Local Coastal Program Consistency.
(a) State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.) and further provides that the granting of a density bonus, concession or incentive, waiver, or parking reduction shall not be interpreted, in and of itself, to require a local coastal plan amendment. (b) For development within the coastal zone, any requested density bonus, concession or incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified Local Coastal Program, with the exception of density, including without limitation regulations to ensure coastal resources are not significantly impacted, and shall be consistent with State Density Bonus law (Government Code section 65915 et seq.) so long as it doesn’t lead to significant coastal resource impacts.
Sec 9-4.4105 – Application review process.
(a) All requests under state density bonus law shall be reviewed and acted upon concurrently with the housing development planning application by the approval body with authority to approve the housing development, within the timelines 8 prescribed by California Government Code Section 65950. Appeals of any decision on planning application shall include the appeal of all requests under state density bonus law.
(b) To ensure that an application for a housing development conforms with the provisions of state density bonus law and the Coastal Act, if applicable, the decision-making body must make the following findings, as applicable, to approve a requested density bonus:
(1) The housing development provides the housing required by state density bonus law to be eligible for a density bonus and any concessions, parking reduction, or waivers requested
(2) If an additional bonus is requested, the housing development provides the housing required by state density bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1). (3) If the housing development requires the demolition of one or more residential dwelling units, the housing development will create replacement units as required by California Government Code Sections 65915(c)(3) and 66300.6(a). (4) If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the concessions permitted. (5) If a parking reduction is requested, the housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.
(6) If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.
(7) If the density bonus or concession is based all or in part on the inclusion of a childcare facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met. (8) If the housing development is in the coastal zone, the requested density bonus and any requested concession, waiver or parking reduction is consistent with all applicable requirements of the certified Local Coastal Program. (c) The decision-making body shall grant a concession requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
(1) The proposed concession would be contrary to state or federal law; or 9 (2) The proposed concession would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.
(3) The concession would not result in a cost reduction. (d) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
(1) The proposed waiver would be contrary to state or federal law; or (2) The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
(3) The proposed waiver would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective written public health or safety standards, policies or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5
(e) If a child care center complies with the requirements of the Government Code Section 65915 (h), the decision-making body may deny a density bonus or concession that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities
(f) A request for a minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus plan and conditions of approval. Other modifications to the density bonus housing plan shall be approved in the same manner as the original plan
10 9-4.4106 Density Bonus Housing Agreement.
(a) If a density bonus, concession, parking reduction, or waiver is approved pursuant to this Article, the applicant shall enter into a affordable housing agreement, as outlined in Article 47 Section 9-4.4710, with the following additional provisions for density bonus projects, which sets forth the conditions and guidelines to be met in the implementation of the state density bonus law and that ensures compliance with all provisions of this Article. The agreement will also establish specific compliance standards and remedies available to the City of Pacifica upon failure to comply with state density bonus law, this Article, or the affordable housing agreement.
(1) For for-sale projects, the applicant shall enter into an affordable housing agreement with the City of Pacifica, running with the land, in a form approved by the City Attorney or their designee, to be executed by the City Manager, or their designee. The agreement shall require that the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an incomequalified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of the Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in state density bonus law, unless otherwise allowed by the City, and that the units are offered at an affordable housing cost, as that cost is defined in state density bonus law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5l; and shall contain other relevant provisions approved by the City Attorney. The City of Pacifica shall enforce an equity sharing agreement consistent with state density bonus law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for 45 years, resetting for each purchase or transfer to a new owner.
(2) For rental projects, the applicant shall enter into an affordable housing agreement with the City of Pacifica, running with the land, in a form approved by the City Attorney or their designee, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, waiver, or parking reduction for 55 years or a different period of time if required by Article 47 regarding the City’s Inclusionary and Below Market Rate Program or the construction or mortgage financing assistance program, 11 mortgage insurance program, or rental subsidy program. The agreement shall identify the type, size, and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in state density bonus law. (c) Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the City of Pacifica, running with the land, in a form approved by the City Attorney or their designee, to be executed by the City Manager, or their designee, to require the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws. (d) The executed affordable housing agreement or restrictive covenant shall be recorded against the housing development prior to issuance of building permit for any structure in a residential development project required to meet the provisions of this Article. The affordable housing agreement shall run with the land and bind all future owners and successors in interest for the period of time set forth in this Article.
9-4.4107. Density Bonus Calculations.
(a) In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. (b) When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
(c) Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
(d) In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law, only base units are included in the calculations. Any on-site units that satisfy the City of Pacifica’s inclusionary housing requirements in Article 47 of the Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet or exceed the requirements of state density bonus law.
12 (e) Payment of fees in lieu of providing affordable units under Article 47 of the Code does not qualify a housing development for a density bonus. (f) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by state density bonus law.
Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under state density bonus law.
(g) Nothing in this Article requires the provision of direct financial incentives from the City of Pacifica for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, no-interest or below market rate loans, fee waivers, or waiver of dedication requirements. The City of Pacifica, at its sole discretion, may choose to provide such direct financial incentives. 9-4.4108 Density Bonus Delivery and Design Standards.
Any BMR Units created as a result of this Article shall be completed in accordance with the unit size, design, and proportional construction phasing, set out in Section 9-4.4704 of the Code, and the implementation requirements set out in Section 9-4.4713 of the Code. 9-4.4109 Commercial Development Bonus
(a) A commercial development may be eligible for a development bonus where the commercial developer partners with an affordable housing developer to construct affordable housing on the commercial project site, or offsite elsewhere in the City of Pacifica located near schools and employment centers and within one-half mile of a major transit stop.
(b) The commercial developer may participate through the donation of land or funds for the affordable housing, or through direct construction of the housing units. (c) To be eligible for a development bonus, at least 30 percent of the housing units must be set aside for lower-income households or 15 percent of the housing units must be set aside for very low-income households.
Sec 9-4.4110 Interpretation.
If any portion of this Article conflicts with state density bonus law or other applicable state law, state law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with state density bonus law. Statutory references in this ordinance include successor provisions.
13 Section 3. Amendment. Article 47 (“City of Pacifica Below Market Rate (Inclusionary) Program”) of Chapter 4, “Zoning” within Title 9, “Planning and Zoning” is repealed and replaced in its entirety to read as follows:
Article 47. - Inclusionary and Below Market Rate Housing Program Sec. 9-4.4700. – Purpose and Intent.
Sec. 9-4.4701. – Applicability.
Sec. 9-4.4702. – Definitions.
Sec. 9-4.4703. – Inclusionary housing requirements—Onsite Construction of BMR Units Required.
Sec. 9-4.4704. – BMR unit size and design; construction phasing.
Sec. 9-4.4705. – Alternatives to onsite affordable residential units.
Sec. 9-4.4706. – Affordable housing plan for BMR units.
Sec. 9-4.4707. – For-sale BMR units.
Sec. 9-4.4708. – Rental BMR units.
Sec. 9-4.4709. – Eligibility requirements.
Sec. 9-4.4710. – Affordable housing agreement.
Sec. 9-4.4711. – Adjustments, waivers.
Sec. 9-4.4712. – Hillside preservation and B-Lot size overlay districts.
Sec. 9-4.4713. – Implementation.
Sec. 9-4.4714. – Enforcement.
Sec. 9-4.4700. – Purpose and Intent.
The purpose of this Article is to enhance the public welfare by establishing policies which require the development of housing affordable to households with very low, low, median, and moderate incomes to assure that residents have a diversity of housing options, to help meet the City's regional share of housing needs, and implement the goals and objectives of the general plan and housing element.
14 It is the intent of this article to establish requirements for the provision of income restricted housing units in residential and mixed-use residential development projects of a certain size, encourage construction of on-site affordable units, and provide alternatives to constructing inclusionary units on the same site as the market rate residential development project.
Sec. 9-4.4701 Applicability.
(a) Applicability. The requirements of this article shall apply to all residential development projects and mixed-use residential development projects of eight or more residential units, lots, or parcels, including any of the following:
(1) New construction of residential units;
(2) Addition of residential units to existing projects; (3) Addition of residential units to an existing multifamily dwelling; (4) Creation of residential lots;
(5) Conversion of existing dwelling units to condominium ownership; and (6) Conversion of an existing nonresidential building or floor area to residential use
(b) For purposes of determining the total number of units for applicability, accessory dwelling units and junior accessory dwelling units are not included. (c) Contemporaneous construction of eight (8) or more primary dwelling units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a single residential development. Construction shall be considered contemporaneous if any building permits are issued within five (5) years following the date of completion of any earlier construction.
(d) An applicant for a residential development project vested by a preliminary application submitted under California Government Code section 65941.1(a) may opt-in to the provisions of a subsequently adopted version of this article by submitting a written notice to the Community Development Director and including an affordable housing plan, as required under Sec. 9-4.4706. (e) Exemptions. The requirements of this article do not apply to:
(1) The reconstruction of any structures that have been destroyed by fire, flood, earthquake, or other act of nature provided that the reconstruction takes place within three years of the date the structures were destroyed. (2) Residential development projects that will contain sufficient BMR units to meet or exceed the requirements of this article.
Sec. 9-4.4702. - Definitions.
15 For the purposes of this article, unless otherwise apparent from the context, the following words and phrases are defined as set forth below. In the event of a conflict between the words and phrases defined in this article and the words and phrases defined Article 2 "Definitions" of this article the definitions in this article shall prevail with respect to implementation of this article.
(a) "Affordable housing agreement" means an agreement, running with the land that assures that a BMR unit will be maintained and sold or leased at an affordable housing cost as required by this Article and City policies. It may include a covenant, resale restriction and refinance limitation agreement, deed restriction, performance deed of trust, or such other document or documents as are satisfactory to the City Attorney.
(b) "Affordable housing cost" means an "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code.
(c) "Affordable rent" means "affordable rent" as defined in Section 50053 of the California Health and Safety Code.
(d) "Applicant” means the applicant for a residential development project, as set forth on the City’s General Planning Application form.
(e) "Area median income" (AMI) means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA) as determined annually by the California Department of Housing and Community Development (“HCD”) and published by the County of San Mateo.
(f) "Below Market Rate (BMR) unit" means any income-restricted dwelling unit created pursuant to and consistent with this Article.
(1) " BMR unit, For-sale " means a BMR unit offered for sale, including, but not limited to, single-family homes, condominiums, other common interest developments, and mutual housing associations.
(2) "BMR unit, Rental" means a BMR unit offered for lease or rent. (g) "Density bonus" shall have the meaning as specified in Section 9-4.4102 of the Code.
(h) "Eligible household" means a very low-, lower-, 110% of AMI-, or moderateincome household approved by the City in accordance with this article. (i) “First Approval” means the first of the following approvals to occur with respect to a residential development project: any planning entitlement, discretionary or ministerial, or approval under the Zoning Ordinance, subdivision approval, or building permit for construction.
16 (j) “Group living accommodation” means a residential development project that is occupied by individuals of separate households and are characterized by separate sleeping rooms without individual kitchen facilities, and containing congregate bath and/or dining facilities or rooms.
(k) "Household" means one person living alone or two or more persons sharing residency, regardless of relationship or dependent status, whose income is considered for housing payments.
(l) “Household Income” shall be the gross income of the household as calculated pursuant to Section 50079.5 of the California Health and Safety Code, as amended, or its successor. The household income categories addressed in this Article shall be defined as follows:
(1) "Very low-income household" means a household whose annual income does not exceed the qualifying limits set for "very low-income households" and is generally understood to be approximately 50 percent of area median income, as defined by HCD.
(2) “Lower-Income Household” means a household whose annual income does not exceed the qualifying limits set for "lower income households" and is generally understood to be approximately 80 percent of area median income, as defined by HCD.
(3) “110% of Area Median Income Household” means a household whose annual income does not exceed 110 percent of area median income, based on HCD published income limits.
(4) "Moderate-income household" means a household whose annual income does not exceed the qualifying limits set for "persons and families of low or moderate income" and is generally understood to be approximately 120 percent of area median income, as defined by HCD.
(m)"Market rate unit" means a dwelling unit where the rental rate or sales price is not restricted by this article.
(n) "Off-site" means located outside or in a location other than site of the residential development project.
(o) "On-site" means located within the residential development project. (p) "Residential development project" means any new construction of dwelling units, subdivision of property for housing development, conversion of rental projects to condominium or other common interest ownership under Article 24.5, conversion of non-residential buildings or floor area to residential, or any other creation of dwelling units or lots for housing that is authorized by a ministerial or discretionary 17 land use. Residential development projects include those that are part of a mixeduse residential project. (q) “Residential unit" means any dwelling unit, live/work unit, or any bedroom of a group living accommodation in a residential development project. (r) "Residential Unit Floor Area" means, for the purpose of this article, the floor area of the residential unit(s) of a residential development project. (1) Residential Unit Floor Area shall be measured from the interior of the walls of each unit. The residential unit floor area shall exclude areas that are not habitable residential square footage such as:
i. Balconies, whether private or open to all residents
ii. Storage lockers not located within residential units iii. Vehicular (e.g., automobile or motorcycle) and bicycle parking areas that are separate areas from the residential unit iv. Other qualifying areas that are not associated with residential units, upon approval of the Zoning Administrator.
(2) For residential units consisting of group living accommodations, residential unit floor area shall also include common rooms/lounges and supporting facilities such as kitchens and restrooms.
Sec. 9-4.4703. - Inclusionary housing requirements—Onsite Construction of BMR Units Required.
(a) Requirement to Construct Onsite BMR Units. Unless an alternative pursuant Sec 9-4.4704 is approved, and as otherwise provided in this section for fractional units, all BMR units must be constructed onsite.
(b) General
(1) Fractional Units. In determining the number of BMR units required, any decimal fraction below 0.5 shall be paid as an in-lieu fee, in accordance with section 9-4.4705(b) and the in-lieu fee schedule. Any decimal fraction of
0.5 or above shall be rounded up to the nearest whole number. (c) On-Site BMR Units
(1) Number of BMR units required. A minimum of 15 percent of all units, lots, or parcels in a residential development project subject to this article shall be 18 on-site BMR units restricted for occupancy by, and affordable to, very low- , lower-, 110 percent of AMI, or moderate-income households. (2) A BMR Unit that is constructed to qualify for a density bonus under Government Code section 65915 that otherwise meets these inclusionary housing requirements shall also qualify as inclusionary housing and a density bonus unit.
(3) For projects with for sale units:
i. At least 50 percent of the required BMR units shall be restricted to occupancy by lower-income households; and
ii. The remaining BMR units required shall be restricted to occupancy by moderate-income households.
iii. The Applicant has the right, but is not required, to increase the percentage of lower-income household BMR units.
(4) For projects with rental units:
i. At least 33.3 percent of the required BMR units shall be restricted to occupancy by very low-income households. Where there is only one BMR unit required, this unit shall be a very low-income unit; and
ii. 33.3 percent of the required BMR units shall be restricted to occupancy by lower income households; and
iii. The remaining required BMR units shall be restricted to occupancy by 110 percent of AMI households.
iv. The Applicant has the right, but is not required, to increase the percentage of very low- and lower-income household BMR units.
Sec. 9-4.4704. - BMR unit size and design; construction phasing. (a) BMR units shall meet the following requirements:
(1) Be distributed throughout the residential development project; (2) Have exterior design and appearance compatible with and substantially the same as market rate units within the residential development project, including landscaping; (3) Have similar access from the exterior as market rate units; (4) Have access to all on-site common areas and amenities; (5) Have interior finishes, fixtures, and appliances that are comparable with the standard market rate units;
19 i. An Applicant may propose the use of different interior unit amenities, such as floor covering, appliances, and other fixtures, but these differences shall be specified within the affordable housing plan submitted at the time of planning application, as required by Section 9-4.4706(a), but all amenities must at a minimum be Underwriters Laboratories (UL) or American Gas Association (AGA) listed;
ii. The Zoning Administrator shall approve the proposed use of different interior unit amenities provided the proposal meets the requirements of this section. (6) Have the same proportion of units by number of bedrooms and average size as the market rate units;
i. An Applicant may propose an alternative mix of unit-types to comply with this section by providing BMR Units that comprise at least 15 percent of the total residential unit floor area of the residential development project where the alternative mix benefits the City by meeting either of the two following conditions:
a. the Applicant is creating units greater than 2,000 square feet, and by creating smaller units, more BMR units will be created; or b. the Applicant is creating mostly studio and one-bedroom units, and by providing BMR units with two or three bedrooms, fewer units are created, but meet the needs of families.
ii. The Zoning Administrator shall approve the proposed alternative mix of unit types that meet the requirements of this section.
(7) That a proportionate number of units be constructed prior to or concurrently with market rate units in the residential development project or applicable phase of the residential development project.
Sec. 9-4.4705. – Alternatives to onsite affordable residential units. (a) General - An Applicant may comply with this Article through one or more of the following alternatives approved in accordance with this section. (1) Unless otherwise provided in this section, the use of an alternative or combination of alternatives shall be subject to approval by the City Council.
The alternative will be considered by the City Council as set forth below. (2) Alternatives shall be based on a minimum of 20 percent of all units, lots, or parcels in a residential development project seeking alternative compliance.
For purposes of determining the total number of BMR units required, density bonus units, accessory dwelling units, and junior accessory dwelling units are not included.
20 (3) In accordance with state density bonus law, these alternatives are not available for BMR units that serve to qualify for a density bonus under Government Code Section 65915(g), unless the dedication of land conforms to the provisions of Government Code Section 65915(g).
(b) In-Lieu Fee Payment
(1) Payment in lieu of providing a unit. The Applicant may propose to pay the City an amount of money in lieu of providing a BMR unit, which shall be based on 20 percent of the residential development project’s units. The inlieu payment for each BMR unit shall be set forth in a resolution adopted by the City Council.
(2) In-Lieu Fees shall be paid prior to the issuance of the first building permit for the residential development project at the rate in effect at time of payment. Where an applicant will be creating custom lot subdivisions and selling the lots to individual purchasers, the applicant shall pay the in-lieu fee prior to the sale of the first lot.
(3) In-lieu payments collected under this article shall be deposited into the City’s Housing In-Lieu Fund and shall be used only for the purpose of providing funding assistance for the provision of affordable housing, inclusionary monitoring costs, and administration costs. Administration costs shall not exceed 15 percent of any deposits into the Housing In-Lieu Fund. Such funds may also be used for a homebuyer's assistance program for eligible households.
(4) The City Council shall approve the in-lieu fee alternative if all of the above requirements are satisfied. In the event of approval, the residential development project shall be conditioned to require compliance with all of the above requirements.
(c) Off-site construction. When this off-site option is allowed, the Applicant must provide 20 percent of the residential unit floor area of the residential development project as BMR units, at affordability levels that meet or exceed the applicable onsite requirements in this article. (1) Off-site BMR units shall be constructed within the City of Pacifica and shall receive Certificate of Occupancy prior to the issuance of any Certificate of Occupancy of the residential development project, unless being built in phases, in proportion to the phasing of the residential development project, as set forth in the Affordable Housing Agreement.
(2) Off-site BMR units shall be consistent and comply with the standards and requirements specified in this Article, except that the size and number of BMR units may differ from what the Applicant would have provided onsite. 21 (3) BMR units shall be located on sites that are designated in the general plan for the intended residential development, have access to similar availability of services to the on-site units, and be accessible by paved roads. (4) The City Council shall approve the off-site construction alternative provided all of the above requirements are satisfied. In the event of approval, the residential development project shall be conditioned to require compliance with all of the above requirements.
(d) Off-site preservation. In lieu of building BMR units, the Applicant may request to create off-site BMR units through the purchase and conversion of existing marketrate units to affordable units, either by the Applicant or by a not-for-profit entity.
When this off-site option is allowed, the Applicant must provide 20 percent of the residential unit floor area of the residential housing development as BMR units, at affordability levels that meet or exceed the applicable on-site requirements of this article.
(1) The off-site preservation units must be located within the City of Pacifica. (2) The size and number of BMR units may differ from what the Applicant would have provided on-site.
(3) If a not-for-profit is involved, they must be approved by the City Manager. (4) The off-site preservation units used to qualify for this alternative must be purchased prior to the issuance of a building permit for the residential development project. The Community Development Director may set out requirements related to the rehabilitation and condition of the property and the protection and/or temporary relocation of existing tenants. The Community Development Director may require that rehabilitation of the property and/or temporary relocation of existing tenants be completed before the issuance of a building permit for the residential development project.
(5) For five years prior to the preservation of the off-site units, the average market rents must have been higher than 100 percent of area median income rent limits.
(6) The City Council shall approve the off-site preservation alternative provided all of the above requirements are satisfied. In the event of approval, the residential development project shall be conditioned to require compliance with all of the above requirements.
(e) Land dedication. In lieu of building BMR units, the Applicant may propose to dedicate land to the City or to an affordable housing developer. (1) This land must be of equivalent or greater value than the amount of the required in-lieu fee. The valuation of any land offered in-lieu shall be determined by an appraisal made by an appraiser mutually agreed upon by 22 the City and the Applicant. Costs associated with the appraisal shall be borne by the Applicant.
(2) The timing of the land dedication shall be at or before issuance of a building permit of the. Marketable title to the site is transferred to the City, or an affordable housing developer approved by the City, prior to issuance of building permit of the residential development project pursuant to an agreement between the Applicant and the City.
(3) Approval of land dedication.
i. Land proposed to be dedicated to the City requires approval of the City Council, at its sole discretion. Factors considered for the approval may include, but are not limited to, general location, access to transit, buildability, current General Plan and zoning designations, availability utilities and other services, the number of units that could be built at the location, and the availability of a proposed affordable housing developer.
ii. Land dedicated to an affordable housing developer must meet the following requirements:
a. The site has a General Plan designation that authorizes residential uses and is zoned for residential development at a density to accommodate at least the number of affordable units that would otherwise be required.
b. The site is suitable for development of the BMR units, taking into consideration its configuration, physical characteristics, location, access, adjacent uses, and applicable development standards and other relevant planning and development
criteria including, but not limited to, factors such as the cost of construction or development arising from the nature, condition, or location of the site.
c. Infrastructure to serve the dedicated site, including, but not limited to, streets and public utilities, are available at the property line and have adequate capacity to serve the
maximum allowable residential density permitted under
zoning regulations.
d. The site has been evaluated for the presence of hazardous materials and for the presence of geological hazards and all such hazards are or will be mitigated to the satisfaction of the City prior to acceptance of the site by the City.
e. The value of the site upon the date of dedication is equal to or greater than the in-lieu fee that would otherwise be required under Subsection (b) above. The value of the site 23 shall be determined pursuant to the program guidelines approved by the City Manager or their designee.
(4) Transfer of the property. At the time the land is transferred to the City or to an affordable housing developer, the Applicant must have paid any outstanding property taxes, and the property must be free of any liens or encumbrances, unless otherwise approved by the City.
(5) In the event of approval, the residential development project shall be conditioned to require compliance with all of the above requirements, and any other applicable conditions as determined by the City Council. (f) Combination. The Applicant may propose any combination of on-site construction, in-lieu payments, off-site construction, off-site preservation, and/or land dedication.
Sec. 9-4.4706. - Affordable housing plan for BMR units. (a) An affordable housing plan for BMR units shall be submitted as part of the application for first approval of any residential housing development. An application cannot be deemed complete unless an affordable housing plan conforming to the provisions of this article is submitted.
(b) If the applicant has requested a density bonus pursuant to Article 41 of this Code, the affordable housing plan required under this Section shall be combined with the affordable housing plan for BMR units required pursuant to Article 41 of this Code. (c) The affordable housing plan for BMR units shall include the following information:
(1) For residential housing development projects proposing to construct the BMR units on-site within the development, the affordable housing plan shall specify, at the same level of detail as the application for the residential development project:
i. Calculations for compliance with this Article. This includes the number of required and proposed BMR units, calculation of in-lieu fee, if applicable, and/or residential unit floor area, based on the specifics of the proposed residential development project.
ii. The number, type, tenure, household income categories, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all BMR units.
iii. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, and designating the location of proposed BMR units.
iv. The zoning and general plan designations and assessor’s parcel number(s) of the residential development project site.
24 v. If the residential development project is to be constructed in phases, an outline of the proposed phases and how the Applicant intends to construct the BMR units concurrently with the market-rate units.
vi. A preliminary marketing plan indicating the general approach to marketing BMR units, including the manner in which the BMR units will be offered to the public in a nondiscriminatory and equitable manner. The final marketing plan must be approved prior to first building permit issuance and shall be subject to approval by the Community Development Director or their designee. vii. If the applicant requests the use of different finishes and features than marketrate units as addressed in Section 9-4.4704, the affordable housing plan shall describe this request.
(2) If an Applicant requests approval of alternatives to constructing the BMR units within a residential development project pursuant to subsection Section 9-4.4705 of this Article, the affordable housing plan shall describe the requested alternatives, and any in-lieu fee calculations.
(d) The affordable housing plan for BMR units shall be reviewed simultaneously with any other applications associated with the first approval of the residential housing development.
Sec. 9-4.4707. - For-sale BMR units.
(a) Price of units. The maximum sales price of a for-sale BMR unit shall be set by the City, based on the affordable housing cost, as defined in Section 9-4.4702, for each income category, and as established in guidelines approved by the Community Development Director.
(b) Deed and resale restrictions.
(1) For-sale BMR units shall remain available at an affordable housing cost to an eligible household for 45 years, which shall reset upon transfer or resale. Resale controls shall be by affordable housing agreements approved as to form by the City Attorney or their designee. Such documents shall provide that the City has an option to purchase the for-sale BMR unit(s), for the maximum resale price, as defined below. The City's option to purchase may be assigned to a qualifying eligible household, a nonprofit housing organization, other government entity, or other entity that will ensure the continuation of the affordability of the BMR units.
(2) Occupancy restrictions. For-sale BMR units shall only be occupied by their owners. Renting, leasing, subleasing, or subletting shall not be permitted for 25 more than two months in any year. Violation of these occupancy restrictions will be grounds for termination of the occupancy.
(3) Resale price. The resale agreement shall establish the following. In order to maintain the affordability of the for-sale BMR units constructed pursuant to this article, the maximum purchase price paid by each subsequent purchaser shall be limited to the original purchase price, increased by the percentage increase in area median income from the date of original purchase, plus the depreciated cost of any capital improvement expenditures greater than one percent of the original purchase price, minus any costs necessary to bring the unit into conformity with City building regulations in the event that the occupant has allowed the unit to deteriorate due to deferred maintenance. i. Formula for Maximum Purchase Price: Original Maximum Purchase Price + Percentage Increase in area median income from date of Original Purchase + Depreciated Cost of any Capital Improvement Expenditures > 1 Percent of Original Purchase Price – Any Costs Necessary to bring the unit into City building regulations due to deferred maintenance
(c) Administration. The City may contract with an outside agency, which shall be responsible for selection and qualification of buyers in accordance with City-approved policies. The Applicant or subsequent seller shall pay all costs associated with this service for the for-sale BMR unit. The City also may contract with an outside agency to assist with monitoring the ongoing compliance of for-sale BMR units.
Sec. 9-4.4708. - Rental BMR units.
(a) Rental rates. The maximum rent of a rental BMR unit shall be an affordable rent approved by the City based on CA Health & Safety Code § 50052.5 or County of San Mateo County published rents. These rents shall include a utility allowance, in accordance with the utility allowance schedule published by the County of San Mateo Department of Housing.
(b) Rental restrictions. Rental BMR units shall remain available at an affordable rent to an eligible household for 99 years. The rents shall be regulated by affordable housing agreements approved as to form by the City Attorney or their designee. (c) Administration. The rental of rental BMR units shall be administered according to Cityapproved policies by the Applicant or a nonprofit housing organization, government entity, or other entity approved by the City. The City may charge fees to cover the costs of administration of this program, in an amount set from time to time by City Council resolution.
26 Sec. 9-4.4709. - Eligibility requirements.
Only eligible households may occupy BMR units. No household may occupy a BMR unit unless the City or its designee has approved the household's eligibility in accordance with City-approved policies. Preference shall be given to persons residing or working within Pacifica, in accordance with federal and state fair housing and other applicable laws.
Eligibility requirements may be further defined in guidelines approved by the Community Development Director.
Sec. 9-4.4710. - Affordable housing agreement.
(a) Applicability. Recordation of an affordable housing agreement shall be made prior to issuance of a building permit for any structure in a residential housing development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.
(b) The affordable housing agreement shall be in a form approved by the City Attorney or their designee and shall include the following, without limitation:
(1) All information provided in the affordable housing plan pursuant to Section 9-
4.4706 of this Article.
(2) The household income categories of the BMR units, consistent with the requirements of Section 9-4.4702 of this Article or any alternative requirements pursuant to Section 9-4.4705 of this Article.
(3) Continued affordability of the BMR units, as follows:
i. For-Sale Inclusionary Units. The affordable housing agreement shall require that a resale restriction agreement, in a form approved by the City Attorney or their designee, be recorded against each for-sale BMR unit when the unit is first transferred to an eligible purchaser. The resale restriction agreement shall provide that BMR units in for-sale housing developments shall remain affordable for 45 years, to be reset upon resale, and that the affordability provisions be applicable to any subsequent transferees or successors in interest. The resale restriction agreement shall also provide that the for-sale BMR unit shall not be rented, except as allowed in Section 9-4.4707 of this Article.
ii. Rental BMR Units. The affordable housing agreement, in a form approved by the City Attorney or their designee, shall be recorded against each residential housing development containing rental units to ensure that the BMR units remain affordable for 99 years. Rental BMR units that are later converted to for-sale units, e.g., converted to condominiums, and then sold 27 shall be sold as for-sale BMR units, in accordance with Chapter 4, Article
24.5 of the Municipal Code and any regulations implementing this section approved by the Community Development Director.
(4) The affordable housing agreement shall specify that no household shall be permitted to begin occupancy of a BMR unit unless the City Community Development Director, or the City Community Development Director’s designee, has approved the household’s eligibility.
(5) Affordable housing agreements for residential Development projects intended to be occupied by special populations or households with special needs, such as those with a physical or mental disability, or for those who were formerly unhoused, or with one or more members who are 62 years of age or older shall provide that dwelling units in the residential development project shall be occupied by persons eligible to reside in such a project. (6) The affordable housing agreement shall include provisions requiring maintenance of records to demonstrate compliance with this Article. (7) The affordable housing agreement shall include a description of remedies for breach of the agreement by either party. The City may identify tenant households or qualified purchaser households as third party beneficiaries under the agreement.
(8) The affordable housing agreement shall include any other provisions determined necessary by the City Attorney or their designee to ensure implementation and compliance with this Article.
Sec. 9-4.4711. - Adjustments, waivers.
(a) Process. The requirements of this article may be waived, adjusted, or reduced if the Applicant shows that applying the requirements of this article would take property in violation of the United States or California Constitutions. Such a request shall be made in writing and filed with the City Manager at the time of submittal of an initial application for approval of the residential development project and/or as part of any appeal that the city provides as part of the process of approval. The request shall state completely and in detail: (i) the requested waiver, adjustment, or reduction of the requirements, (ii) the factual basis for the request, and (iii) the legal basis of this request. In making a determination on an application for waiver, adjustment, or reduction, the Applicant shall bear the burden of presenting substantial evidence to support the claim. The City Manager, in consultation with the City Attorney, shall consider the request and render a decision in writing within 30 days. If the City 28 Manager determines that those requirements constitute a taking in violation of the United States or California Constitutions, the requirements of this article shall be modified, adjusted, or waived to the extent necessary to avoid an unconstitutional result or illegal outcome. If the City Manager determines that no violation of the United States or California Constitutions would occur through application of this article, the requirements of this article shall remain applicable unless the City Manager's determination is overruled or modified by the City Council on appeal. (b) Appeal procedure. A decision of the City Manager on a request for a reduction or waiver pursuant to subsection (a) above shall be appealable in accordance with this section. A person seeking judicial review of a decision shall first complete an appeal under this section. Any person wishing to appeal a decision of the City Manager shall file an appeal to the City Council in writing with the City Clerk not later than ten days from the date of the written decision of the City Manager. The written appeal shall state completely and in detail the factual and legal grounds for the appeal. The City Council shall consider the appeal at a public hearing within sixty days after the filing of the request. The decision of the City Council is final. (c) Fee for adjustment request or appeal. The cost of the request for adjustment or waiver of the requirements of this article and appeal shall be borne by the applicant in an amount set forth in a resolution adopted by the City Council.
Sec. 9-4.4712. - Hillside preservation and B-Lot size overlay districts.
Nothing in this article is intended to nor shall it supersede the provisions of the Hillside Preservation District (HPD) or B-lot size overlay district (B-district). Residential development projects located within HPD and/or B-district land that provide BMR units in accordance with this article shall be subject to all regulations and standards of Article 22.5, regarding the HPD district, including applicable lot coverage limitations, and Article 20, regarding the B-district.
Sec. 9-4.4713. - Implementation.
(a) No building permit shall be issued for any market-rate unit until the permittee has obtained permits for a proportionate number of the BMR units required by this article. No final inspection for occupancy for any market-rate unit shall be completed until final inspection has been completed for a proportionate number of the BMR units required by this article.
(b) The time requirements set forth in this Section for issuance of building permits for market-rate units and for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, or other factors in a residential development project within the submitted affordable housing plan pursuant to Section 9-4.4707 of this Article, if the City determines this will provide greater public benefit and an affordable housing agreement pursuant to Section 9- 29 4.4710 of this Article has been accepted by the approval body with the authority to approve the development.
(c) Conditions to carry out the purposes of this Article shall be imposed on the first approval for a residential development project and any subsequent approvals. (d) The City Manager is authorized to execute the affordable housing agreements following approval by the Community Development Director and the City Attorney or their designee.
(e) The Community Development Director shall promulgate guidelines to further implement this ordinance. These guidelines shall include, but are not limited to, the following:
(1) The form and contents of the affordable housing agreements, including provisions for successors in interest and other ownership transfers; (2) The form and contents of the final marketing plan and resident selection process;
(3) Procedures for setting rents and sales prices for the BMR units in accordance with this article and with state law;
(4) Procedures for qualifying tenant households and prospective purchaser households of BMR units, including any preferences;
(5) Compliance and monitoring procedures to assure that affordability restrictions are maintained; and
(6) Resale and subordination procedures for BMR for-sale units. (f) The City Council, as part of its master fee schedule, may establish fees to recover the City’s costs for the ongoing administration and monitoring of the affordability provisions of the BMR units, except where prohibited by State law.
Sec. 9-4.4714 - Enforcement.
(a) The City is authorized to enforce the provisions of this Article and all affordable housing agreements, including without limitation, regulatory agreements, resale controls, deeds of trust, or similar documents placed on the BMR units, by civil action and any other proceeding or method permitted by law.
(b) Failure of any official or agency to fulfill the requirements of this Article shall not excuse any applicant or owner from the requirements of this Article. (c) The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.
(d) Legal action. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article. Failure of any official or agency to fulfill the requirements of this article shall not excuse any person, owner, household, or other party from the requirements of this article.
30 Section 4. 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 City Clerk shall file a Notice of Exemption with the San Mateo County Clerk.
Section 5. 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 6. 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 7. Effective Date. This Ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law. For areas within the Coastal Zone, this Ordinance shall not become effective until the California Coastal Commission certifies an amendment to the City’s local coastal program pursuant to Section 30514 of the Public Resources Code.
Section 8. PASSED AND ADOPTED this ____ day of ________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney