The City Council finds and declares its intent as follows:

(a)

To enact regulations governing accessory dwelling unit and junior accessory dwelling unit construction in compliance with Section 65852.2 and Section 65852.22 of the Government Code. The provisions of this article shall be liberally construed in order to accomplish development of accessory dwelling units and junior accessory dwelling units. In the event of a conflict between the provisions of this article and any other ordinance of the City of Pacifica regulating accessory dwelling units or junior accessory dwelling units, the provisions of this article shall prevail.

(b)

To establish a process for ministerial review and approval of accessory dwelling units and junior accessory dwelling units. No local ordinance, policy, or regulation other than this article and regulations referenced therein shall be the basis for the denial or delay of a building permit for an accessory dwelling unit or junior accessory dwelling unit.

(c)

To mitigate a widespread and ongoing shortage of affordable housing within the City. The United States Census Bureau's 2013—2017 American Community Survey estimates that forty-four (44%) percent of renter households in Pacifica pay thirty (30%) percent or more of their household income for housing-related expenses. The Census Bureau considers households that pay thirty (30%) percent or more of their household income for housing-related expenses as "cost burdened";

(d)

To provide for additional housing supply without converting Pacifica's open space areas into developed sites. More than thirty (30%) percent of the City of Pacifica's twelve and six-tenths (12.6) square mile land area is preserved as permanent open space, resulting in a limited supply of developable vacant sites for the construction of new housing units in the City. Accessory dwelling unit and junior accessory dwelling unit construction, by creating new housing units within existing neighborhoods, can expand access to affordable housing while avoiding significant environmental impacts associated with traditional residential development on vacant sites;

(e)

To provide for additional affordable housing opportunities without a commitment of public funds which are usually necessary to subsidize large-scale affordable housing development projects;

(f)

To provide for convenient child care opportunities within residential neighborhoods. For working-age residents with children, accessory dwelling units allow family members or other child care providers to reside in close proximity to the household requiring child care. The nearby availability of child care for their children offers working-age residents convenience, and more importantly, may enable them to work and support their families without the burden of commercial child care costs;

(g)

To provide for convenient elder care opportunities within residential neighborhoods. Accessory dwelling units and junior accessory dwelling units enable multi-generational living on a common site. The United States Census Bureau's 2013—2017 American Community Survey estimates that thirteen (13%) percent of Pacifica's population is sixty-five (65) years or older, an increase from eleven (11%) percent in 2010. As Pacifica's population ages, accessory dwelling units and junior accessory dwelling units allow family members or other caregivers to reside in close proximity to those receiving care while affording them the privacy of their own living space. For those receiving care, accessory dwelling units and junior accessory dwelling units will enable many to remain in their homes longer than would otherwise be possible without needing to relocate to an assisted living or other facility;

(h)

To provide supplemental income opportunities to those living on fixed incomes in retirement. Accessory dwelling units and junior accessory dwelling units may provide an important source of rental income to many property owners, especially those who are retired. The United States Government Accountability Office, in its report "Retirement Security: Most Households Approaching Retirement Have Low Savings" (Report No. GAO-15-419), estimated that in 2013, fifty-two (52%) percent of households age fifty-five (55) years and older had no retirement savings in a defined contribution plan or individual retirement account, and that Social Security provides most of the retirement income for about half of households age sixty-five (65) years and older. The report also found that among the forty-eight (48%) percent of households age fifty-five (55) years and older with some retirement savings, the median amount is approximately One Hundred and no/100ths ($109,000.00) Dollars, or equivalent to an inflation-protected annuity of Four Hundred Five and no/100ths ($405.00) Dollars per month at current rates for a sixty-five-year old. The report further found that nearly thirty (30%) percent of households age fifty-five (55) years and older have neither retirement savings nor a defined benefit plan, and that Social Security is the largest component of household income in retirement, making up an average of fifty-two (52%) percent of household income for those age sixty-five (65) years and older. Based on United States Census Bureau 2013—2017 American Community Survey estimates, the median rent in Pacifica in 2017 was Two Thousand One Hundred Ten and no/100ths ($2,110.00) Dollars per month. The addition of income from the long-term rental of an accessory dwelling unit or a junior accessory dwelling unit could meaningfully strengthen the finances of retired persons or those nearing retirement;

(i)

To preserve affordable housing opportunities within accessory dwelling units and junior accessory dwelling units. An analysis of listings on the short-term rental site Airbnb in November 2019 found two hundred sixty-nine (269) accommodations listed within the City of Pacifica, sixty-two (62%) percent of which offered for rent an entire house. The average price per night for the listed accommodations was One Hundred Fifty-Seven and no/100ths ($157.00) Dollars per night, equivalent to a monthly rent of Four Thousand Seven Hundred Ten and no/100ths ($4,710.00) Dollars. According to the United States Census Bureau's 2013—2017 American Community Survey estimates, median monthly rent during 2017 was Two Thousand One Hundred Ten and no/100ths ($2,110.00) Dollars, equivalent to Seventy and 33/100ths ($70.33) Dollars per night. Even if rented fewer than thirty (30) days per month, the potential to yield significantly greater rents from short-term rentals of residential property than from long-term rental provides a strong financial incentive to remove housing from the long-term rental market in favor of offering it for rent in the short-term rental market. In order to conform to state law and preserve public health, safety, and welfare by increasing access to affordable housing, the City Council desires to impose a prohibition on the short-term rental of accessory dwelling units and junior accessory dwelling units for periods less than thirty (30) days in order to preserve their use for long-term residential occupancy.

(j)

To preserve public health and safety by prohibiting attached and detached accessory dwelling units at sites fronted by unpaved streets or streets with widths of twenty-six (26') feet or less. Appendix D of the 2016 California Fire Code, adopted by ordinance by the City Council, establishes minimum street width and construction-type standards to ensure safe access by fire apparatus. Among other standards, Appendix D requires streets to be paved with asphalt, concrete, or another approved surface capable of supporting the load of fire apparatus weighing at least seventy-five thousand (75,000) pounds. It further requires streets to be at least twenty (20') feet in width and prohibits on-street parking on streets twenty-six (26') feet or less in width. Appendix D allows on-street parking on one side of streets greater than twenty-six (26') feet but less than thirty-two (32') feet in width. In order to preserve public safety, it is necessary to prohibit attached and detached accessory dwelling unit construction on unpaved streets and on streets where Appendix D of the 2016 California Fire Code prohibits on-street parking. Such a prohibition is necessary because accessory dwelling unit construction will generate intensified demand for on-street parking. Increased demand for on-street parking may result because off-street parking facilities may be unavailable to offset the demand, and because no mechanism exists to limit the number of automobiles owned by households occupying accessory dwelling units. In particular, accessory dwelling units located within one-half (½) mile of transit generally will not have sufficient off-street parking facilities because the City is prohibited under state law from requiring off-street parking for such accessory dwelling units (see Gov. Code §§ 65852.2(d), (e)). Additionally, households occupying accessory dwelling units located elsewhere may own more vehicles than can be accommodated in the off-street parking facilities the City is permitted to require for accessory dwelling units under state law (not more than one space per bedroom or per unit, whichever is less; see Gov. Code § 65852.2(a)(1)(D)(x)(I)). Therefore, it is possible and likely that accessory dwelling unit construction on streets twenty-six (26') feet or less in width could result in increased on-street parking demand. On-street parking on streets of inadequate width has the potential to narrow or obstruct the path of travel of fire apparatus and other emergency vehicles, delaying response time and endangering public safety.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020)

For the purposes of this article, certain words and terms are hereby defined as follows:

(a)

"Accessory dwelling unit" or "ADU" shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(2)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

The definition of an accessory dwelling unit is distinct from the definition of a junior accessory dwelling unit.

(b)

"Accessory structure" shall mean a structure that is accessory and incidental to a dwelling located on the same site.

(c)

"Car share vehicle" shall mean a fixed location identified in a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use.

(d)

"Coastal access parking area" shall mean the area identified on the IP's Coastal Access Parking Map.

(e)

"Cooking facilities" shall mean an area containing all of the following: a refrigeration appliance; a kitchen sink; a food preparation counter and storage cabinets; and a cooking appliance, each having a clear working space of not less than thirty (30") inches in front. For purposes of this article, "cooking appliance" shall include any appliance capable of cooking food, including, without limitation, a range, stove, oven, toaster oven, microwave, or hot plate.

(f)

"Efficiency unit" shall have the meaning as defined in Section 17958.1 of Health and Safety Code.

(g)

"Existing space" shall mean all enclosed areas in existence that are contained within the exterior walls and roof of a dwelling unit or accessory structure.

(h)

"Independent living facilities" shall mean all of the following facilities within a single accessory dwelling unit or junior accessory dwelling unit: permanent provisions for sleeping, eating, cooking, and sanitation.

(i)

"Junior accessory dwelling unit" or "JADU" shall mean a unit that is contained entirely within a single-family dwelling, or which is combined with a newly-constructed detached accessory dwelling unit, and which provides complete independent living facilities for one or more persons. However, sanitation facilities may be shared with the associated single-family dwelling unit.

(j)

"Multi-family dwelling" shall have the same meaning set forth for "Multiple dwelling" in Article 2 of this chapter, and shall also include a two-family dwelling and any mixed use structure containing commercial floor area and one or more dwelling units.

(k)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(l)

"Primary dwelling unit" means the first lawfully constructed single-family dwelling unit or multi-family dwelling unit that exists on a site.

(m)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(n)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public.

(1)

If Section 65852.2 of the Government Code is amended subsequent to the effective date of this article to expressly permit the City to define "public transit" inclusive of a minimum level of transit service, then the following definition shall replace the preceding definition in subsection (n): "Public transit" shall mean a defined transit station or stop, with a regular service interval no longer than thirty (30) minutes during peak commute hours from 6:00—9:00 a.m. and 3:00—6:00 p.m. Monday through Friday, identified in a publicly available map where passengers, without a reservation, may board and disembark from a vehicle used in the public transit system, including, without limitation, a motor vehicle, streetcar, trackless trolley, bus, light rail system, rapid transit system, subway, train, or jitney, that transports members of the public for hire.

(o)

"Sanitation facilities" shall mean a separate room containing a water closet (i.e., toilet), lavatory (i.e., sink), and bathtub or shower.

(p)

"Site" shall mean a lawfully-created lot or parcel.

(q)

"Sleeping facilities" shall mean an area dedicated to sleeping.

(r)

"Tandem parking" shall mean that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(s)

"Two-family dwelling" shall mean a building, or portion thereof, used and designed as a residence for two (2) families living independently of each other and doing their own cooking in such building, including duplexes.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

(a)

General provisions. The following provisions shall apply to all accessory dwelling units:

(1)

An accessory dwelling unit shall not be constructed unless a primary dwelling unit exists on a site and such primary dwelling unit has been constructed lawfully, or the accessory dwelling unit is proposed as part of the construction of the primary dwelling unit.

(i)

A certificate of occupancy for an accessory dwelling unit shall not be issued before the certificate of occupancy for the primary dwelling unit is issued.

(2)

The maximum number of accessory dwelling units permitted on a site shall be as follows:

(i)

One accessory dwelling unit is permitted on a site with a proposed or existing single-family dwelling. A site with a proposed or existing single-family dwelling may also contain one junior accessory dwelling unit pursuant to Section 9-4.454 in addition to the one accessory dwelling unit.

(ii)

On a site with an existing multi-family dwelling, the maximum number of accessory dwelling units shall be as follows:

(aa)

One accessory dwelling unit or the equivalent number of twenty-five (25%) percent of the existing multi-family dwelling units, whichever is greater, for accessory dwelling units described in subsection (f); and

(ab)

Two (2) accessory dwelling units as described in subsection (g).

(iii)

For purposes of this article, a "second unit," "granny flat," "in-law apartment," or similar structure or improvement permitted and constructed in accordance with applicable laws in effect at the time of its construction shall be considered an "accessory dwelling unit" for all purposes. If an accessory dwelling unit permitted and constructed prior to the effective date of this article does not conform to all standards prescribed in this article, the accessory dwelling unit shall be considered nonconforming but lawful, and shall be subject to the provisions of Section 9-4.453(k) governing nonconforming accessory dwelling units.

(3)

An accessory dwelling unit may be constructed between a primary dwelling unit and a site's front property line, or in any other location on a site, subject to the standards in this article.

(4)

An accessory dwelling unit shall become the primary dwelling unit on a site if the original primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or made habitable within one year of its demolition or the determination that it is uninhabitable, or if the primary dwelling unit proposed for construction concurrently with an accessory dwelling unit is not constructed.

(i)

In such case where an accessory dwelling unit becomes the primary dwelling unit, it shall remain so, and be considered a nonconforming but lawful structure if it fails to comply with any zoning standards applicable to a primary dwelling unit in the underlying zoning district, until such time as a new structure compliant with all zoning standards applicable to a primary dwelling unit in the underlying zoning district, is lawfully constructed or otherwise created on the site. Except, however, that in the case where a primary dwelling unit proposed for construction concurrently with an accessory dwelling unit is not constructed, a certificate of occupancy shall not be issued for the accessory dwelling unit until such time as it complies with all requirements for a primary dwelling unit.

(5)

The site's owner may at any time offer for rent either the primary dwelling unit or the accessory dwelling unit or both.

(6)

If any accessory dwelling unit is rented, terms of rental shall not be less than thirty (30) consecutive days.

(7)

An accessory dwelling unit shall not be sold or otherwise conveyed separate from the primary dwelling unit.

(i)

No subdivision of a site containing an accessory dwelling unit may be approved unless all of the following conditions are met: the lots proposed by the subdivision comply with all applicable development standards of the underlying zoning district for a lot containing a primary dwelling unit, including, without limitation, minimum lot area per dwelling unit and setbacks, or a deviation from the standards is granted; if a condominium subdivision, the zoning designation of the site allows two (2) or more primary dwelling units as a permitted use, or if a conditional use, a use permit is granted prior to or in conjunction with the subdivision; and the accessory dwelling unit on the site complies, or provisions are made to bring the accessory dwelling unit into compliance, with all development standards applicable to a primary dwelling unit in the underlying zoning district, including, without limitation, dwelling unit size, setbacks and off-street parking.

(8)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect of any other provision of this chapter requiring issuance of a discretionary permit for construction of the primary dwelling unit prior to issuance of a building permit. The discretionary review of the primary dwelling unit shall not include consideration of the propriety of an accessory dwelling unit use at the site in the future.

(9)

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(10)

Any accessory dwelling unit may have an interior point of access connecting the primary dwelling unit and accessory dwelling unit provided it is possible for the occupants of both the primary dwelling unit and the accessory dwelling unit to independently secure the point of access to prevent unauthorized entry by occupants of the other dwelling unit.

(11)

A building permit shall be required to construct an accessory dwelling unit or to establish an accessory dwelling unit within the existing space of a primary dwelling unit or accessory structure. Occupancy of an accessory dwelling unit shall be prohibited until the accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection.

(12)

Occupancy of an accessory dwelling unit shall be prohibited until the accessory dwelling unit receives a separate and independent address assignment. Address assignment shall not delay issuance of a building permit.

(b)

Zoning districts where permitted. An accessory dwelling unit shall be a permitted use, subject to the standards contained in this article, on any site zoned for residential use as a permitted use, or any site zoned for commercial use which authorizes residential use as a permitted use or for which a permit has been issued to authorize a residential use, and which site includes a proposed or existing single-family dwelling or an existing multi-family dwelling. An accessory dwelling unit shall be prohibited on any other site.

(1)

Sites zoned P-D (Planned Development). The provisions of subsection (b) shall apply to sites zoned P-D (Planned Development) where the approved development plan indicates residential use as a permitted use, including mixed use. In cases where the details of the original development plan are not available, the Planning Administrator may determine that a site was intended for residential use as a permitted use by considering the use of any existing structures on the site in addition to the uses of structures and the development pattern of the area immediately surrounding the site.

(c)

Detached accessory dwelling units from single-family dwelling units. The provisions of this subsection shall apply to a newly constructed accessory dwelling unit that is detached from a primary single-family dwelling unit and all accessory structures including, without limitation, garages and storage areas. The provisions of this subsection shall not apply to new construction of a detached accessory dwelling unit replacing an existing accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing accessory structure.

(1)

Floor area. The minimum and maximum floor area of a detached accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area shall not exceed one thousand two hundred (1,200) square feet.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4') feet.

(iii)

Rear. Minimum rear setback shall be four (4') feet.

(3)

Distance between structures. A detached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be located at least ten (10′) feet from any other building existing or under construction on the same site or an adjacent site. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less shall require no minimum distance between structures. An accessory dwelling unit shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30") inches above grade such as a deck. Retaining walls and/or decking between an accessory dwelling unit and the primary dwelling unit or any other building that are less than thirty (30") inches above grade are not considered a connection.

(4)

Height. Maximum height shall be twenty-five (25') feet or the height of the primary dwelling unit, whichever is less. However, the maximum height shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; i any portion of a detached accessory dwelling unit is located between a primary dwelling unit and a site's front property line; or any portion of a detached accessory dwelling unit is located less than five (5') from the side lot line or less than ten (10') feet from the street-side lot line or less than twenty (20') feet from the rear lot line.

(5)

Lot coverage. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for a detached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

(6)

Landscaping. A detached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for a detached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. Paving shall only be allowed on a driveway and pathways, except that paving may be allowed to the minimum extent necessary to create a required off-street parking space for an accessory dwelling unit area as provided in subsection (h) of this section.

(7)

Prohibited. A detached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be prohibited on any site where, at any point along its frontage, including any secondary frontage on a corner lot, the street is unpaved or the street is twenty-six (26') feet or less in width. This standard shall not apply to a detached accessory dwelling unit eight hundred (800) square feet in floor area or less.

(d)

Attached accessory dwelling units to single-family dwelling units. The provisions of this subsection shall only apply to an accessory dwelling unit attached horizontally or vertically to a single-family dwelling structure or accessory structure, including, without limitation, a garage or storage areas. The provisions of this subsection shall not apply to new construction of an attached accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling or accessory structure.

(1)

Floor area. The minimum and maximum floor area of an attached accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area for a studio or one bedroom accessory dwelling unit shall be eight hundred and fifty (850) square feet or not more than fifty (50%) percent of the floor area of the primary dwelling unit, whichever is greater. Total floor area for an accessory dwelling unit that provides two (2) or more bedrooms shall be one thousand (1,000) square feet or not more than fifty (50%) percent of the floor area of the primary dwelling unit, whichever is greater.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet; except, where an accessory dwelling unit is constructed above a garage, the minimum front setback shall be twenty (20′) feet.

(ii)

Side. Minimum side setback shall be four (4') feet.

(iii)

Rear. Minimum rear setback shall be four (4') feet.

(3)

Distance between structures. An attached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be located at least ten (10′) feet from any other building existing or under construction on the same site or an adjacent site. A attached accessory dwelling unit eight hundred (800) square feet in floor area or less shall require no minimum distance between structures. An accessory dwelling unit shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30") inches above grade such as a deck. Retaining walls and/or decking between an accessory dwelling unit and the primary dwelling unit or any other building that are less than thirty (30") inches above grade are not considered a connection.

(4)

Height. Maximum height shall be thirty-five (35') feet if attached to a primary dwelling unit; or the lesser of twenty-five (25') feet or the height of the primary dwelling unit if attached to an accessory structure. However, the maximum height shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; if any portion of an attached accessory dwelling unit that is attached to an accessory structure would be located between a primary dwelling unit and a site's front property line; or any portion of an attached accessory dwelling unit is located less than five (5') from the side lot line or less than ten (10') feet from the street-side lot line or less than twenty (20') feet from the rear lot line.

(5)

Lot coverage. An attached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no maximum lot coverage. Maximum lot coverage for an attached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district.

(6)

Landscaping. An attached accessory dwelling unit eight hundred (800) square feet in floor area or less, shall have no minimum landscape area. Minimum landscape area for an attached accessory dwelling unit greater than eight hundred (800) square feet in floor area shall be that of the underlying zoning district. In addition, the front setback shall be landscaped and adequately maintained. Paving shall only be allowed on a driveway and pathways, except that paving may be allowed to the minimum extent necessary to create a required off-street parking space for an accessory dwelling unit area as provided in subsection (h) of this section.

(7)

Prohibited. An attached accessory dwelling unit that is greater than eight hundred (800) square feet in floor area shall be prohibited on any site where, at any point along its frontage, including any secondary frontage on a corner lot, the street is unpaved or the street is twenty-six (26') feet or less in width. This standard shall not apply to an attached accessory dwelling unit eight hundred (800) square feet in floor area or less.

(e)

Accessory dwelling units contained within the existing space of a single-family dwelling structure or accessory structure. The provisions of this subsection shall apply to accessory dwelling units established within the existing space of an existing single-family dwelling unit or an existing accessory structure, including without limitation an existing attached or detached garage, studio, pool house, or other similar structure, or accessory dwelling units established within a structure constructed in the same location and to the same dimensions as an existing structure. The provisions of this subsection shall apply to new construction of a detached or attached accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred and fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling or accessory structure. An expansion beyond the physical dimensions of an existing accessory structure shall be limited to accommodating ingress and egress. A primary dwelling unit or accessory building shall not be considered to be "existing" if it was constructed unlawfully; or if it has yet to receive a successful final inspection pursuant to a valid building permit.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. For an accessory dwelling unit established within the existing space of an existing primary dwelling unit: The establishment of the accessory dwelling unit shall not result in a reduction of the primary dwelling unit's floor area below the minimum dwelling unit size for a single-family dwelling provided in Section 9-4.2313. For an accessory dwelling unit established within the existing space of an existing accessory structure: None.

(2)

Setbacks. No setback shall be required for an accessory dwelling unit contained within the existing space of a single-family dwelling unit or accessory structure. However, as permitted in this subsection, an expansion to the existing space of a single-family dwelling or accessory structure may only be established where the following setbacks have been satisfied:

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet, except on the street-side of a corner lot where no side setback shall be required.

(iii)

Rear. Minimum rear setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(6)

Exterior access. An exterior point of access that is separate and independent from the primary dwelling unit shall be provided.

(f)

Accessory dwelling units contained within the portion of existing multi-family dwelling structures that are not used as livable space. The following provisions of this subsection shall apply to accessory dwelling units contained within the portion of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit contained within the portion of existing multi-family dwelling structures that are not used as livable space shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. None.

(2)

Setbacks. None.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(g)

Detached accessory dwelling units detached from existing multi-family dwelling structures. The provisions of this subsection shall apply to a newly-constructed accessory dwelling unit that is detached from an existing multi-family dwelling structure and all accessory structures including, without limitation, garages and storage areas on the same site.

(1)

Floor area. The minimum and maximum floor area of an accessory dwelling unit detached from an existing multi-family dwelling structures ton the same site shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area shall not exceed one thousand two hundred (1,200) square feet.

(2)

Setbacks.

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet.

(iii)

Rear. Minimum side setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None

(5)

Height. Maximum height shall be twenty-five (25') feet or the height of the primary dwelling unit, whichever is less. However, the maximum height of the accessory dwelling unit shall be sixteen (16') feet in the following instances: the height of the primary dwelling unit is less than sixteen (16') feet; any portion of a detached accessory dwelling unit is located between the primary dwelling unit and a site's front property line; or any portion of a detached accessory dwelling unit is located less than twenty (20') feet from the rear lot line.

(h)

Parking.

(1)

Parking for an accessory dwelling unit shall be provided as follows:

(i)

Outside of the coastal access parking area, an accessory dwelling unit shall require one off-street parking space per accessory dwelling unit or per bedroom, whichever is less.

(ii)

Within the coastal access parking area, an accessory dwelling unit shall require one off-street parking space per accessory dwelling unit.

(iii)

No parking shall be required for an accessory dwelling unit described in subsection (6) of this subsection.

(2)

Off-street parking provided for an accessory dwelling unit may be covered or uncovered, and shall comply with the minimum dimensional requirements for ninety (90) degree compact parking spaces set forth in Section 9-4.2817 (Design standards for parking areas), including any space or spaces located within a garage. The minimum vertical clearance for any parking space shall be seven (7') feet.

(3)

Off-street parking provided for an accessory dwelling unit shall meet the standards in Section 9-4.2814 (Surfacing of parking areas).

(4)

Off-street parking provided for an accessory dwelling unit may be configured in setback areas except where expressly stated otherwise in this subsection.

(i)

A required off-street parking space for an accessory dwelling unit may be allowed in any configuration provided in this subsection.

(aa)

Within a driveway that conforms to the standards in Section 9-4.2813 (Access to parking facilities), except that parking for an accessory dwelling unit shall not be located within a common driveway serving more than one dwelling unit.

(ab)

Tandem parking, either within a garage or within a driveway conforming to the standards in Section 9-4.2813 (Access to parking facilities).

(ac)

By the use of a mechanical automobile parking lift. A mechanical automobile parking lift shall be located within a garage, or else shall be located behind the minimum front, side, and rear setbacks for accessory structures in the underlying zoning district, as long as the mechanical automobile parking lift does not impact coastal views.

(ad)

"Swing" type parking. Approval of a site development permit shall not be required to authorize "swing" type parking for an accessory dwelling unit as permitted by this subsection.

(i)

"Swing" type parking shall mean a type of off-street parking space that abuts and is perpendicular to a driveway conforming to the standards contained in Article 28 of this chapter. The design standards for a "swing" type parking space providing the required off-street parking for an accessory dwelling unit or junior accessory dwelling unit shall be as provided in this article. Approval of a site development permit shall not be required to authorize "swing" type parking for an accessory dwelling unit as permitted by this subsection.

(ii)

A "swing" type parking space shall not be considered part of a driveway for purposes of maximum driveway width standards contained in Article 28 of this chapter.

(iii)

The existing or shared driveway used to access a "swing" type parking space shall comply with the standards in Section 9-4.2813 (Access to parking facilities).

(iv)

A "swing" type parking space shall be accessed from an existing or shared driveway only.

(v)

The driveway approach used to access an existing or shared driveway from the street shall not be widened as part of the creation of a "swing" type parking space in order to preserve the maximum amount of available on-street parking.

(vi)

Within a coastal access parking area, construction of a "swing" type parking space shall include a landscaping strip not less than three (3') feet in width along the entire length of the space. The landscaping strip shall contain plants not less than two (2') feet and not more than three (3') feet in height as measured from the street side. These required plants shall be installed to create a continuous buffer and shall be maintained in a healthful condition.

(vii)

Outside of a coastal access parking area, construction of a "swing" type parking space shall not result in paving within any required front setback comprising more than seventy-five (75%) percent of the front setback area, including, but not limited to, paving associated with the "swing" type parking space, an existing or proposed driveway, and pathways.

(ae)

Parallel parking space expansion from a driveway.

(i)

"Parallel parking" shall mean a type of off-street parking space that abuts and is parallel to a driveway conforming to the standards contained in Article 28 of this chapter.

(ii)

A parallel parking space shall not be considered part of a driveway for purposes of maximum driveway width standards contained in Article 28 of this chapter.

(iii)

The existing or shared driveway used to access a parallel parking space shall comply with the standards in Section 9-4.2813 (Access to parking facilities).

(iv)

A parallel parking space shall be accessed from an existing or shared driveway only.

(v)

The driveway approach used to access an existing or shared driveway from the street shall not be widened as part of the creation of a parallel parking space in order to preserve the maximum amount of available onstreet parking.

(vi)

Construction of a parallel parking space shall not result in paving within any required front setback comprising more than seventy-five (75%) percent of the front setback area, including, but not limited to, paving associated with the parallel parking space, an existing or proposed driveway, and pathways.

(ii)

An off-street parking space for an accessory dwelling unit that is not required as described in subsection (1) of this subsection may be allowed in any configuration provided in subsection (4)(i), except for the configurations detailed in subsections (ad) and (ae).

(5)

If a garage which provides the required covered off-street parking space or spaces for a primary dwelling unit is converted in whole or in part into an accessory dwelling unit or is demolished to enable construction of an accessory dwelling unit, the required off-street parking space or spaces for the primary dwelling unit are not required to be replaced on site, except for a property located within the coastal access parking area where all required off-street parking spaces for uses on the site, including those attributable to accessory dwelling units, shall be accommodated on site. Any replacement off-street parking spaces shall conform to the same standards for required off-street parking for an accessory dwelling unit described in subsections (2) through (4) of this subsection, except for the configurations detailed in subsections (ad) and (ae) of subsection (4i), and may be provided in any configuration on the same site as the accessory dwelling unit, including as covered spaces, uncovered spaces, tandem spaces, or by the use of a mechanical automobile parking lift.

(6)

No off-street parking shall be required for an accessory dwelling unit located outside of the coastal access parking area in any of the following circumstances:

(i)

The accessory dwelling unit is located within one-half (½) mile of public transit as measured by a direct line from the location of the public transit to any portion of the lot on which the accessory dwelling unit is located.

(ii)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii)

The accessory dwelling unit is a type described in subsection (d), (e), (f) or (g), or is described in subsection (c) and is eight hundred (800) square feet of floor area or less.

(iv)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(v)

When there is a car share vehicle located within one block of the accessory dwelling unit.

(vi)

The accessory dwelling unit is a studio unit (i.e., a unit without a bedroom).

(i)

Utilities.

(1)

For an accessory dwelling unit described in subdivision (e), the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and the accessory dwelling unit shall not be subject to a related connection fee or capacity charge, unless the accessory dwelling unit is constructed concurrently with a new single-family dwelling.

(2)

For an accessory dwelling unit that is not described in subdivision (e), the accessory dwelling unit may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013 of the Government Code, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.

(j)

Fire sprinklers. Notwithstanding any other provision of the Pacifica Municipal Code, including, without limitation, Chapter 3 of Title 4, installation of fire sprinklers in an accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit.

(1)

Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

(i)

When fire sprinklers are currently installed in the primary dwelling unit;

(ii)

When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit; or

(iii)

When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, including an addition for the purpose of establishing an accessory dwelling unit, which addition triggered a requirement for retroactive installation of fire sprinklers in the primary dwelling unit in accordance with the Pacifica Municipal Code.

(2)

For purposes of this subsection (j), the term "constructed concurrently" shall mean construction of a primary dwelling unit that is performed in reliance on a building permit issued within two (2) years of the date of issuance of a building permit for construction of an accessory dwelling unit.

(3)

The floor area of an accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure or multi-family dwelling shall not be considered an "addition" under any provision of the Pacifica Municipal Code related to retroactive installation of fire sprinklers in a structure, including, without limitation, Section 4-3.110 of the Pacifica Municipal Code.

(k)

Nonconforming sites and structures. The following standards shall apply to construction of accessory dwelling units on sites that do not comply with all zoning standards or that for any other reason are considered nonconforming.

(1)

Zoning. Construction of an accessory dwelling unit shall be prohibited on any site that is not zoned in accordance with subsection (b) of Section 9-4.453.

(2)

Lot or parcel size and dimensions. An accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, including without limitation sites which contain three thousand nine hundred ninety-nine (3,999) square feet or less of area, provided the accessory dwelling unit is constructed in compliance with all other standards of this article. Approval of a site development permit, specific plan, or any other discretionary permit for the accessory dwelling unit, except a coastal development permit for sites located within the Coastal Zone, shall not be required.

(3)

Nonconforming primary dwelling unit or accessory structure. An accessory dwelling unit may be constructed on a site containing a primary dwelling unit or accessory structure which site does not comply with all zoning standards, including, without limitation, use of the site, off-street parking standards, provided the accessory dwelling unit complies with all standards contained in this article. The existing nonconformities of the primary dwelling unit or accessory structure shall not be considered when evaluating the application.

(4)

Nonconforming accessory dwelling unit. An accessory dwelling unit that does not comply with all standards of this article shall be considered lawful but nonconforming if the accessory dwelling unit was lawfully constructed in accordance with standards in effect at the time of its construction. Such lawful but nonconforming accessory dwelling unit may be altered or expanded only to comply with local building regulations or to eliminate one or more nonconformities with the standards of this article.

(i)

An accessory dwelling unit not lawfully constructed shall be governed by the provisions of Section 9-4.456.

(5)

Creation of nonconformities. Any nonconformity created on an existing site, or within a primary dwelling unit or accessory structure as allowed by the provisions of this section (e.g., reduction or elimination of required off-street parking for a primary dwelling unit, exceedance of the maximum lot coverage allowed in the underlying zoning district) shall render the primary dwelling unit or accessory structure or site nonconforming but lawful. Any future expansion or alteration of such nonconforming but lawful primary dwelling unit shall be subject to the provisions of Article 30 of this chapter, including, without limitation, any requirement to construct off-street parking spaces in conjunction with the addition of one or more bedrooms to the primary dwelling unit. However, the correction of nonconforming zoning conditions shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

(6)

Change in circumstances. The determination of the applicability of the criteria described in Section 9-4.453(h)(6) to the site where an accessory dwelling unit is proposed shall be made as of the date of building permit issuance. Any subsequent change in applicability of these criteria to the site after issuance of a building permit shall not render an accessory dwelling unit nonconforming, and the accessory dwelling unit shall not be required to construct or otherwise provide parking.

(7)

Enforcement. Enforcement of notices to correct a violation of any provision of any building standard for any accessory dwelling unit shall comply with Section 17980.12 of the Health and Safety Code.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

(a)

General provisions. The following provisions shall apply to junior accessory dwelling units:

(1)

A junior accessory dwelling shall not be constructed unless a single-family dwelling unit exists on a site and such single-family dwelling unit has been constructed lawfully, or the junior accessory dwelling unit is proposed as part of the construction of the single-family dwelling unit.

(2)

A site shall contain no more than one junior accessory dwelling unit.

(3)

A junior accessory dwelling unit shall be constructed within the existing space of the proposed or existing single-family dwelling or accessory structure. The provisions of this section shall apply to new construction of a junior accessory dwelling unit replacing existing space of a single-family dwelling or accessory structure within the same location and same dimensions, including an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of the existing space of a single-family dwelling. An expansion beyond the physical dimensions of an existing accessory structure shall be limited to accommodating ingress and egress.

(4)

A site's owner shall record a deed restriction with the County of San Mateo's Recorder Office and file a copy of the recorded deed restriction with the City of Pacifica. The deed restriction shall: prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single-family dwelling; specify that the deed restriction runs with the land and is therefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this section.

(5)

The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as its primary residence at any time while the junior accessory dwelling unit is occupied by a tenant.

(i)

A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization.

(6)

A junior accessory dwelling unit may be rented but shall not be used for rentals of terms less than thirty (30) consecutive days.

(7)

A junior accessory dwelling unit shall not be sold or otherwise conveyed separate from the single-family dwelling unit.

(8)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect of any other provisions of this chapter requiring issuance of a discretionary permit for construction of the single-family dwelling unit prior to issuance of a building permit. The discretionary review of the single-family dwelling unit shall not include consideration of the propriety of a junior accessory dwelling unit use at the site in the future, but may consider the physical characteristics of how the site may accommodate a future junior accessory dwelling unit use as they pertain to objective development standards, other than parking, including, without limitation, lot coverage, floor area ratio, and landscaping.

(9)

A junior accessory dwelling unit shall have an exterior point of access directly into the junior accessory dwelling unit that is separate and independent from the single-family dwelling unit.

(10)

A building permit shall be required to construct a junior accessory dwelling unit or to establish a junior accessory dwelling unit within the existing space of a single-family dwelling. Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection.

(11)

A junior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes.

(12)

Occupancy of a junior accessory dwelling unit shall be prohibited until the junior accessory dwelling unit receives a separate and independent address assignment. Address assignment shall not delay issuance of a building permit.

(b)

Zoning districts where permitted. A junior accessory dwelling unit shall be a permitted use, subject to the standards contained in this article, on any site zoned for residential use as a permitted use or any site zoned for commercial use which authorizes residential use as a permitted use or for which a permit has been issued to authorize a residential use, and which site includes a proposed or existing single-family dwelling. An accessory dwelling unit shall be prohibited on any other site. A junior accessory dwelling unit shall be prohibited on any other site.

(1)

Sites zoned P-D (Planned Development). The provisions of subsection (b) shall apply to sites zoned P-D (Planned Development) where the approved development plan residential use as a permitted use, including mixed use. In cases where the details of the original development plan are not available, the Planning Administrator may determine that a site was intended for residential use as a permitted use by considering the use of any existing structures on the site in addition to the uses of structures and the development pattern of the area immediately surrounding the site.

(c)

Junior accessory dwelling units. The following development provisions shall apply to junior accessory dwelling units.

(1)

Floor area. The minimum and maximum floor area of a junior accessory dwelling unit shall be as follows:

(i)

Minimum. At least an efficiency unit to be constructed in compliance with local development standards.

(ii)

Maximum. Total floor area is five-hundred (500) square feet. However, the establishment of a junior accessory dwelling unit over one hundred fifty (150) square feet shall not result in a reduction of the primary dwelling unit's floor area below the minimum dwelling unit size for a single-family dwelling provided in Section 9-4.2313. If the sanitation facility is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

(2)

Setbacks. Setbacks for a junior accessory dwelling unit constructed with a new single-family dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure. However, as permitted in this section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may only be constructed if the following setbacks can be maintained:

(i)

Front. Minimum front setback shall be fifteen (15′) feet.

(ii)

Side. Minimum side setback shall be four (4′) feet, except on the street-side of a corner lot where no side setback shall be required.

(iii)

Rear. Minimum rear setback shall be four (4′) feet.

(3)

Lot coverage. None.

(4)

Landscaping. None.

(5)

Height. None.

(d)

Parking. No parking shall be required for a junior accessory dwelling unit.

(1)

If a garage which provides the required covered off-street parking space or spaces for a single-family dwelling is converted in whole or in part into a junior accessory dwelling unit or is demolished to enable construction of a junior accessory dwelling unit, the required off-street parking space or spaces for the primary dwelling are not required to be replaced.

(e)

Utilities. A junior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.

(f)

Fire and Building Requirements. Notwithstanding any other provision of the Pacifica Municipal Code, including, without limitation, Chapter 3 of Title 4, installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit" as detailed in section 9-4.452(i).

(g)

Nonconforming sites and structures. The following standards shall apply to construction of junior accessory dwelling units on sites that do not comply with all zoning standards or that for any other reason are considered nonconforming.

(1)

Zoning. Construction of a junior accessory dwelling unit shall be prohibited on any site that is not zoned in accordance with subsection (b) of Section 9-4.454.

(2)

Lot or parcel size and dimensions. A junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, including without limitation sites which contain three thousand nine hundred ninety-nine (3,999) square feet or less of area, provided the accessory dwelling unit is constructed in compliance with all other standards of this article. Approval of a site development permit, specific plan, or any other discretionary permit, except a coastal development permit for sites located within the Coastal Zone, shall not be required.

(3)

Nonconforming single-family dwelling unit. A junior accessory dwelling unit may be constructed on a site containing an existing single-family dwelling which site does not comply with all zoning standards, including, without limitation, use of the site, off-street parking standards, provided the junior accessory dwelling unit complies with all standards contained in this article. The existing nonconformities of the primary dwelling unit shall not be considered when evaluating the application.

(4)

Nonconforming junior accessory dwelling unit. A junior accessory dwelling unit that does not comply with all standards of this section shall be considered lawful but nonconforming if the junior accessory dwelling unit was lawfully constructed in accordance with standards in effect at the time of its construction. Such lawful but nonconforming junior accessory dwelling unit may be altered or expanded only to comply with local building regulations or to eliminate one or more nonconformities with the standards of this article.

(i)

A junior accessory dwelling unit not lawfully constructed shall be governed by the provisions of Section 9-4.456.

(5)

Creation of nonconformities. Any nonconformity created to an existing site and/or single-family dwelling unit or accessory structure as allowed by the provisions of this section (e.g., exceedance of the maximum lot coverage allow in the underlying zoning district) shall render the primary dwelling unit or accessory structure or site nonconforming but lawful. Any future expansion or alteration of such nonconforming but lawful primary dwelling unit shall be subject to the provisions of Article 30 of this chapter, including, without limitation, any requirement to construct off-street parking spaces in conjunction with the addition of one or more bedrooms to the primary dwelling unit. However, the correction of nonconforming zoning conditions shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

(§ 3, Ord. 854-C.S., eff. February 26, 2020)

(a)

An accessory dwelling unit or junior accessory dwelling unit which conforms to the respective requirements of this article shall not be considered to exceed the allowable density for the site upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan, local coastal land use plan and zoning designations for the site.

(b)

An accessory dwelling unit or junior accessory dwelling unit shall not be considered in the application of any local growth control ordinance, policy, or program, including without limitation the City of Pacifica Growth Management Ordinance codified in Chapter 5 of Title 9 of the Pacifica Municipal Code.

(c)

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et seq. of the Public Resources Code) or the City's certified local coastal plan, except that the Planning Director shall consider a coastal development permit application for an accessory dwelling unit or a junior accessory dwelling unit administratively without a public hearing in accordance with the procedures for processing an administrative coastal development permit contained in Section 9-4.4306.

(1)

The provisions of Article 43, Coastal Zone Combining District, shall not apply to the construction of accessory dwelling units or junior accessory dwelling units that do not meet the definition of "development" as defined in Section 9-4.4302(z).

(2)

For purposes of making the findings required for approval of an administrative coastal development permit, the development standards for an accessory dwelling unit provided in Section 9-4.453 and for a junior accessory dwelling unit provided in Section 9-4.454, shall be considered the minimum development standards. The Planning Director may require more stringent development standards of an accessory dwelling unit or junior accessory dwelling unit in relation to any or all of the minimum development standards, including, but not limited to, standards addressing height and setbacks, if determined necessary to make the findings for approval of an administrative coastal development permit as provided in Article 43, Coastal Zone Combining District.

(d)

Accessory dwelling units and junior accessory dwelling units shall comply with all local building code requirements based on construction type and number of dwelling units except that utilities and fire sprinkler requirements shall be as provided in subsections (i) and (j) of Section 9-4.453, respectively.

(e)

An applicant may not apply for a variance or other relief from the standards of this article.

(f)

Accessory dwelling units and junior accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(1)

A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet in floor area. Any impact fee charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(2)

This subsection shall not be construed to prohibit a local agency, special district, or water corporation from adopting an ordinance or regulation, related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

(g)

A historic preservation permit shall not be required for the construction or establishment of an accessory dwelling unit or junior accessory dwelling unit on a site containing or constituting a "landmark" as that term is defined in Chapter 7 (Historic Preservation) of Title 9.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; § 2, Ord. No. 841-C.S., eff. May 21, 2019; as renumbered by § 3, Ord. 854-C.S., eff. February 26, 2020; Ord. 867-C.S., § 2, eff. September 22, 2021)

(a)

Unlawful and nonconforming. Every accessory dwelling unit or junior accessory dwelling unit constructed prior to the effective date of this article which has not successfully completed a final building permit inspection shall be considered unlawful and nonconforming.

(b)

An unlawful and nonconforming accessory dwelling unit or junior accessory dwelling unit may be legalized and considered conforming by complying with all provisions of this article and by successfully completing a final inspection of the work authorized in a building permit. An unlawful and nonconforming accessory dwelling unit or junior accessory dwelling unit shall not be altered or expanded except to achieve full compliance with the standards of this article.

(c)

An accessory dwelling unit, the construction of which commenced or commences pursuant to a building permit issued prior to the effective date of this article, shall not be considered unlawful and nonconforming provided the accessory dwelling unit is constructed and successful completion of a final inspection is achieved within two (2) years of the effective date of this article, or during the period in which the building permit is valid, whichever period is shorter.

(§ 7, Ord. 825-C.S., eff. November 8, 2017; as renumbered by § 3, Ord. 854-C.S., eff. February 26, 2020)