4903-3762-2461 v1
RESOLUTION NO. 2026-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PACIFICA TO REVISE THE AMENDMENTS TO SECTIONS 9-4.102
“APPLICABILITY” AND 9-4.4104 “LOCAL COASTAL PROGRAM
CONSISTENCY” THAT WERE RECOMMENDED FOR CITY COUNICL
APPROVAL PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 2026-005 WHICH INITIATED TEXT AMENDMENT TA-129-26 AND
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REPEAL AND REPLACE 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 TEXT AMENDMENT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(FILE NO. 2026-006; TEXT AMENDMENT TA-129-26)
________________________________________________________________________ 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of Title 9 of the Pacifica Municipal Code and based on California State Density Bonus law, was adopted on May 23, 1984, repealed and replaced on December 10, 1986, and last updated on February 12, 1992; and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 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 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 Attachment A - 2
WHEREAS, on June 1, 2026, the Planning Commission held a duly noticed public hearing on the revised proposed amendments contained in Text Amendment TA-129-26 (File No. 2026- 006) and adopted Resolution No. 2026-005 by a vote of 6 to 0 with 1 absence, initiating Text Amendment TA-129-26 and recommending adoption of the proposed ordinance, with the understanding that staff would bring back additional revisions to address outstanding comments from the California Coastal Commission on the applicability of the density bonus provisions related to the Local Coastal Program; 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.
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 finds that the text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, CEQA Guidelines § 15061(b)(3), 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. This Ordinance will not result in direct or indirect physical changes in the environment and is exempt under CEQA.
4. The Planning Commission finds that the proposed revisions to the amendments to Article 41 Sections 9-4.4102 (“Applicability” and 9-4.4104 (“Local coastal program consistency”) are consistent with the City’s General Plan and Housing Element, as well as the Local Coastal Land Use Plan as follows:
a) General Plan LU-I-1 Zoning Consistency. Update the Zoning Ordinance and zoning map and apply zoning to all land within the City, consistent with General Plan and LCLUP policies and land use designations.
The proposed revised amendments will apply to residential and mixed-use residential development, and commercial development eligible to use state density bonus law in the Coastal Zone, support and further General Plan policies and Housing Element programs, and be consistent with the Local Coastal Land Use Plan by facilitating the provision of affordable housing in compliance with state and local laws.
b) General Plan LU-I-16 Density Bonus. Continue to facilitate housing affordable to moderate-, low- and extremely-low-income households by providing a density bonus of up to 50 percent over the maximum allowed by zoning, consistent with State Government Code Sections 65915-65918.
Attachment A - 3
The proposed revised amendments will facilitate the provision of affordable housing to moderate-, low-, and extremely-low-income households by aligning Pacifica’s regulations in the Coastal Zone with current state density bonus law, as well as clarifying the application, processing, and implementation requirements. c) Housing Element HE-I-14 State and Federal Law Conformance. Amend the zoning ordinance and other local policies to remove any inconsistencies between local policies and State and Federal law.
The proposed revised amendments will update the density bonus requirements in the Coastal Zone in conformance with current state housing and planning law, including the Coastal Act and state density bonus law.
d) LCLUP LD-I-1 Zoning Consistency. Update the Zoning Ordinance and zoning map and apply zoning to all land within the City, consistent with General Plan and LCLUP policies and land use designations.
See General Plan LU-I-1 Zoning Consistency, above.
e) LCLUP LD-I-3 Coastal Development Permit Findings. For all development that requires a coastal development permit, continue to require written findings that are consistent with all LCLUP policies and Implementation Plan provisions of the City’s certified Local Coastal Program.
The proposed revised amendments will not supersede the California Coastal Act, and individual projects that require a Coastal Development Permit would be subject to the applicable findings of the General Plan, Local Coastal Land Use Plan, and Zoning Ordinance.
5. The Planning Commission also finds that adoption of the Draft Ordinance is in the public interest in that adopting updates will avoid defaulting to state law provisions that do not account for Pacifica’s unique local conditions.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby direct staff to incorporate the amendments set forth in Exhibit A to this resolution into the draft Ordinance recommended by Resolution No. 2026-005.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby recommend that the City Council of the City of Pacifica adopt the Ordinance attached to Resolution No. 2026-005, as modified by Attachment A, Exhibit A to this resolution. * * * * *
Attachment A - 4
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 20th day of July 2026.
AYES, Commissioners: Hauser, Berman, Redfield, Davis, Fisher NOES, Commissioners: Ferguson
ABSENT, Commissioners: Sanchez
ABSTAIN, Commissioners:
______________________________
Samantha Hauser, Chair
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Michael Christsen, Michelle Kenyon, City Attorney
Deputy Director, Community Development
Attachment A - 5
EXHIBIT A:
Revisions to Amendments in Planning
Commission Resolution No. 2026-005
Sec. 9-4.4102 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.
(b) The granting of a density bonus, concession or incentive, waiver, or concession 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) The provisions of this article are not applicable within the Coastal Zone until such time that the City adopts, and the Coastal Commission certifies, amendments to the density bonus provisions. 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. 9-4.4104 – Local c Coastal p Program consistency.
See Section 9-4.4102 Applicability.
(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.
Attachment A - 6
(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.