RESOLUTION NO.
PAGE 17
RESOLUTION NO.
PAGE 18
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CARON RAY RUSSOM, MAYOR
ATTEST:
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JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY J. CARMEL, CITY ATTORNEY
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 1/8 SHARE THIS: Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 2
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 2/8 This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a statemandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 3/8 (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 4/8 (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 5/8 (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 6/8 (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 7/8 SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.
However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or
4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 8/8 periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.
A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
ATTACHMENT 3
California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.
California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.
The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or
California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “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 the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)
California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.
Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.
California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.
Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.
California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.
Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.
Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.
Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.
Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.
Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.
Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.
No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.
See HCD’s ADU and JADU webpage for more information and resources.
Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.
Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees,
California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.
Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.
Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.
Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.
1 ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 18, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Kristin Juette, Warren Hoag, Bruce Berlin
Committee Members Absent: Lori Mainini Hall
Staff Present: Community Development Director Brian
Pedrotti, Associate Planner Andrew Perez,
Assistant Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Chair Hoag called the meeting to order at 2:30 pm.
2. ROLL CALL
Chair Hoag performed the roll call. Committee Member Hall was absent.
3. FLAG SALUTE
Chair Hoag led the flag salute.
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6. WRITTEN COMMUNICATIONS
Chair Hoag acknowledged the two Supplemental Memos containing public comment for Item 8.b.
7. CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
This item was continued to the next Regular Meeting due to a lack of quorum of Committee Members that attended the March 21, 2022 Regular Meeting.
ATTACHMENT 4
3 8.b Review of Objective Design Standards for Projects Proposed Under Senate Bill 9 (SB 9) Committee Member Couch rejoined the meeting at 2:37 pm.
Acting Planning Manager Perez presented the staff report, explained the legislation and what it permits. He summarized the objective design standards proposed by staff and the reasoning behind each of them. He also answered questions from the Committee related to where parking is permitted on residential properties.
Chair Hoag opened public comment.
Kevin Buchanan, Arroyo Grande Planning Commissioner, advocated for taller maximum heights and larger unit sizes. He also wanted to ensure that the standards do not discourage SB 9 development.
Chair Hoag closed the public comment.
The Committee was not supportive of a one sizes fits all approach to the maximum units size and felt that 1,200 square feet would be too restrictive for larger lots. The Committee suggested using a sliding scale based on lot size to determine the maximum allowable unit size. The Committee was in favor of a tiered approach to the maximum height limit depending on whether the unit was located in the setback of the underlying setback for the district. The Committee was not supportive of a prohibition of rooftop decks.
The Committee found the color and material standards proposed too restrictive and do not allow for creativity. The Committee suggested revising the parking standards to specify that parking in a driveway is allowed and adding a landscape buffer requirement to maintain aesthetics and neighborhood character.
Moved by Bruce Berlin
Seconded by Kristin Juette
Recommendation to the Planning Commission to recommend adoption of the objective design standards as revised by the ARC.
AYES (4): Jon Couch, Kristin Juette, Warren Hoag, and Bruce Berlin ABSENT (1): Lori Mainini Hall
Passed (4 to 0)
9. DISCUSSION ITEMS
9.a Election of Chair and Vice Chair
Vice Chair Berlin nominated Chair Hoag to remain Chairperson for the next year. Committee Member Juette made a motion, seconded by Vice Chair Berlin, to serve as Chairperson until the first regular meeting in March 2023. The motion passed unanimously.
Chair Hoag nominated Vice Chair Berlin to remain Vice Chair for the next year. Chair Hoag made a motion, seconded by Committee Member Juette, to serve as Vice Chair until the first regular meeting in March 2023. The motion passed unanimously.
ATTACHMENT 5
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of property in the Single Family zoning district an additional method to subdivide the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in the Single Family zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 16.32.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Section, and submitted for approval to the City Engineer. A fee in an amount established by City Council resolution must be paid concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section. The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot. b. Location and dimensions of existing and proposed property lines; c. Zoning District;
d. The location and use of all existing and proposed structures; e. All required zoning setbacks for the existing and proposed lots; f. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems; h. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal; j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5- foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions; n. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. b. The parcel has not been established through prior exercise of an urban lot split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory; c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
d. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D, above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel
to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. f. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses. g. Lot lines shall be contiguous with existing zoning boundaries. h. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement. b. Vehicle access easements serving three to four units shall meet the following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement. c. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement
is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City’s Design Standards, and the parking design standards in the Development Code.
5. Lots taking access by an easement must record a shared maintenance agreement for the driveway. The agreement shall be recorded prior to or concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings; b. That no more than two residential dwelling units may be permitted on each lot. As used in this subsection residential dwelling unit includes a unit created pursuant to Government Code section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code section 65852.2, or a junior accessory dwelling unit as defined in Government Code section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or accessory dwelling units in this Code, or any other adopted objective design standards in effect at the time a complete application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
ATTACHMENT 6
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one legal parcel, consistent with state law and local regulations. In the event of an inconsistency between this Section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the single family zoning districts shall be located, developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit residential development shall not be permitted under this Section in any of the following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for residential use;
v. Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the City or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; vii. A regulatory flood way identified in a FEMA map, unless the development has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and
ix. A historic district or property designated pursuant to a local ordinance or included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following configurations, provided that no more than two attached residential units are in any one building on a lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including garages.
3. One new unit attached to and increasing the size of an existing residential unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.
6. A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits; however, the provisions of that Chapter shall not be used to permit more than two units on a lot.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this Section on a lot that is not the result of an urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking space is required per dwelling unit, unless the parcel is located within one-half mile of a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel.
2. The location of the required parking space(s) shall not obstruct the required parking of each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided in a tandem configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum fourfoot setback shall be provided from side and rear lot lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning standards and objective design standards, provided the standards do not physically preclude the construction of up to two units of at least 800 square feet. Accordingly, the follow objective standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050 of this Title.
b. Building Separation: detached dwelling units shall have a minimum of 10 feet of separation whether the units are on one lot or adjacent lots. c. Height: The maximum height shall be 16-feet for any structure, or portions thereof, located within the setback of the underlying zoning district.
Structures, or any portion thereof, located outside of the setbacks of the underlying zoning district shall conform to the height requirements of that district.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood or stone, wood, stucco, or other cementitious material. Plywood, such as T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard.
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk within the front setback, with the exception of permitted driveways. When parking areas are located in the front yard, outside of the front setback, a landscape buffer of at least 10 feet between the sidewalk and parking area shall be provided.
b. All parking areas serving more than one unit shall be internally connected and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with Section 13.12.060 of Title 13.
1 ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
May 3, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Commission Members Present: Chair Glenn Martin, Vice Chair Frank Schiro, Commissioner Jamie Maraviglia,
Commissioner Jim Guthrie, Kevin Buchanan
Staff Present: Associate Planner Andrew Perez, Assistant Planner Patrick Holub, Community
Development Director Brian Pedrotti
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:00pm.
2. ROLL CALL
3. FLAG SALUTE
Vice Chair Schiro
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
None.
6. WRITTEN COMMUNICATIONS
The Commission received one supplemental memorandum regarding agenda item 9.a.
7. CONSENT AGENDA
Moved by Commissioner Maraviglia
Seconded by Vice Chair Schiro
Commissioner Maraviglia moved and Vice Chair Schiro seconded a motion to approve the consent agenda as submitted.
2 Passed
7.a Approval of Minutes
(HOLUB)
Approve the Minutes of the March 1, 2022 Regular Meeting.
7.b Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location – 1495 El Camino Real; Applicant – Scott Pace; Representative – Greg Soto (PEREZ)
It is recommended that the Planning Commission adopt a Resolution approving Time Extension 22-001.
8. PUBLIC HEARINGS
8.a Consideration Of Development Code Amendment 21-002 To Implement Senate Bill 9; Location – Citywide
(PEREZ)
Acting Planning Manager Perez presented the staff report and responded to Commissioner questions regarding Floor Area Ratio maximums, ADUs constructed with Urban Lot Splits, parking locations, orientation of lot lines, maximum number of units and enforcement of the prohibition on short term rentals.
Chair Martin opened the public hearing.
Krista Jeffries spoke about housing issues and encouraged the Commission to allow more density.
Garrett Philbin spoke about missing middle housing and asked that the Commission not place any undue restrictions on SB9 developments.
Lea Hensley spoke about the costs involved for processing a parcel map and mentioned that the process does not seem affordable.
Hearing no further public comment, Chair Martin closed the public hearing.
Moved by Chair Martin
Seconded by Commissioner Guthrie
Chair Martin moved and Commissioner Guthrie seconded a motion to recommend changes to the City Council in the draft language of the Ordinance including:
1) Allowing ADUs with SB9 developments to allow a maximum of six (6) units; 2) Allowing a minimum unit size of 1200 square feet; 3) Remove the requirement to provide parking; 4) Develop a method to track Urban Lot Splits to inform new property owners; 5) Remove prohibition on location and orientation of atypical lot lines; 6) Evaluate fee mitigation measures to make developments more affordable; 7) Reconsider overall height limitation.
3 Failed
Moved by Chair Martin
Seconded by Vice Chair Schiro
Chair Martin moved and Vice Chair Schiro seconded a motion to make the recommended changes to the draft ordinance before forwarding it for consideration to the City Council. The motion passed on a 4-1 vote.
Passed
9. NON-PUBLIC HEARING ITEMS
9.a Election of Chairperson and Vice Chairperson
(PEREZ)
Moved by Commissioner Guthrie
Seconded by Vice Chair Schiro
Commissioner Guthrie moved and Vice Chair Schiro moved to elect Chair Martin as the Commission's chair for the next term. The motion passed 5-0.
Passed
Moved by Commissioner Guthrie
Seconded by Commissioner Maraviglia
Commissioner Guthrie moved and Commissioner Maraviglia seconded a motion to elect Commissioner Maraviglia to serve as the Commission's Vice Chair for the next term. The motion passed 5-0.
Passed
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE MARCH 1, 2022
Item No. 1: Plot Plan Review 21-045; Establishment Of A Homestay In An Existing Single Family Residence; Location – 129 Allen Street; Applicant – Jobie Brigham After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Homestay in the Multi-Family (MF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 2: Plot Plan Review 22-004; Establishment Of A Homestay In An Existing Single Family Residence; Location – 1503 El Camino Real; Applicant – Robert Hudson After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Homestay in the Office Mixed-Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
4 Item No. 3: Plot Plan Review 22-006; Establishment Of A Homestay In An Existing Single Family Residence; Location – 528 Ide Street; Applicant – Samantha Engleman After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Homestay in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 4: Plot Plan Review 22-008; Establishment Of A Medical Services Business In An Existing Commercial Tennant Space; Location – 152 West Branch Street; Applicant – Patrick Voegele After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a medical services business in the Village Mixed USe (WMU) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 5: Architectural Review 22-002; Exterior Alterations To An Existing Residential Structure; Location – 251 Larchmont Drive; Applicant – Kathy Sherman After making the findings specified in Section 16.16.130 of the Municipal Code, the Community Development Director approved the above referenced project for the exterior alterations to an existing residential structure in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 6: Temporary Use Permit 22-002; South County Historical Society Annual Rummage Sale On Saturday April 2nd And Sunday April 3rd, 2022; Location – 128 Bridge Street; Applicant – Jan Scott After making the findings specified in Section 16.16.090 of the Municipal Code, the Community Development Director approved the above referenced project for the South County Historical Society to conduct their annual rummage sale on Saturday, April 2nd, 2022 from 7:00am until 2:00pm and Sunday, April 3rd, 2022 from 11:00am until 2:00pm. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 7: Plot Plan Review 22-009; Establishment Of A Vacation Rental In An Existing Single Family Residence; Location – 1565 Blackberry Avenue; Applicant – Linda Drummy After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Vacation Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 8: Plot Plan Review 22-007; Establishment Of A Vacation Rental In An Existing Single Family Residence; Location – 506 Ide Street; Applicant – Samantha Engleman After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Vacation Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 9: Plot Plan Review 22-011; Establishment Of A Vacation Rental In An Existing Single Family Residence; Location – 520 South Elm Street; Applicant – Luis Quintana
5 After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Vacation Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 10: Architectural Review 22-001; Construction Of A New 3,667 Square Foot Single Family Residence And Attached 891 Square Foot Garages; Location – 331 Rodeo Court; Applicant – Chris Mccall; Representative – Jennifer Martin, Jm Architecture And Design After making the findings specified in Section 16.16.130 of the Municipal Code, the Community Development Director approved the above referenced project for the exterior alterations to an existing residential structure in the Planned Development – 1.3 (PD-1.3) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
11. COMMISSION COMMUNICATIONS
Commissioner Maraviglia thanked Commissioner Guthrie for nominating her to serve as the Commission's Vice Chair.
12. STAFF COMMUNICATIONS
Director Pedrotti informed the Commission that the City Council directed staff to bring back a permanent parklet program, that the project at 211 E Branch Street had received final architectural approval from the ARC and provided an update on the Brisco project.
13. ADJOURNMENT
The Meeting adjourned at 9:14pm.
_________________________
Patrick Holub
Assistant Planner
_________________________
Glenn Martin, Chair
RESOLUTION NO. 22-2361
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 21-002 TO
IMPLEMENT SENATE BILL 9; LOCATION- CITYWIDE
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9 that, among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6 allowing additional housing units on properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of 1) no more than two housing units on a lot within a single-family residential zoning district; and 2) urban lot splits; and WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and subdivision standards for up to two housing units and urban lot splits; and WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC) implement the requirements of SB 9 and add local regulations that within the scope of the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on May 3, 2022 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt Ordinances approving Development Code Amendment 21-002 amending Title 16 of the Arroyo Grande Municipal Code as attached hereto as Exhibit “A” and incorporated herein by this reference.
On motion by Commissioner Martin seconded by Commissioner Schiro, and by the following roll call vote, to wit:
AYES: Martin, Schiro, Maraviglia, Buchanan
NOES: Guthrie
ABSENT: None
ATTACHMENT 5
RESOLUTION NO.22-2361
PAGE 2
the foregoing Resolution was adopted this 3rd day of May, 2022.
RESOLUTION NO.22-2361
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.22-2361
PAGE 4
EXHIBIT ‘A’
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9 that, among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6 allowing additional housing units on properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of 1) no more than two housing units on a lot within a single-family residential zoning district; and 2) urban lot splits; and WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and subdivision standards for up to two housing units and urban lot splits; and WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC) implement the requirements of SB 9 and add local regulations that within the scope of the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on May 3, 2022 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof as required by law, held a public hearing on __________, 2022, concerning the addition of AGMC Sections 16.20.180 and 16.32.060; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on __________, 2022 introduced this Ordinance to add Section
16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report, its attachments and all supporting materials referenced therein or offered in the matter as presented at the public hearing.
RESOLUTION NO.22-2361
PAGE 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of property in the Single Family zoning district an additional method to subdivide the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in a single-family zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 16.32.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Section, and submitted for approval to the City Engineer. A fee in an amount established by City Council resolution must be paid concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot. b. Location and dimensions of existing and proposed property lines; c. Zoning District;
RESOLUTION NO.22-2361
PAGE 6
d. The location and use of all existing and proposed structures; e. All required zoning setbacks for the existing and proposed lots; f. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
RESOLUTION NO.22-2361
PAGE 7
accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv)Housing that has been occupied by a tenant in the last three years. b. The parcel has not been established through prior exercise of an urban lot split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map. e. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
RESOLUTION NO.22-2361
PAGE 8
b. A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
d. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted. b. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D, above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. e. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. f. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses.
g. Lot lines shall be contiguous with existing zoning boundaries. h. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code.
RESOLUTION NO.22-2361
PAGE 9
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City’s standards. ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement. b. Vehicle access easements serving three to four units shall meet the following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement. c. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
RESOLUTION NO.22-2361
PAGE 10
3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City’s Design Standards, and the parking design standards in the Development Code.
5. Lots taking access by an easement must record a shared maintenance agreement for the driveway. The agreement shall be recorded prior to or concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings;
b. That rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or accessory dwelling units in this Code, or any other adopted objective design standards in effect at the time a complete application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed
RESOLUTION NO.22-2361
PAGE 11
housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo Grande Municipal Code to read as follows:
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one legal parcel, consistent with state law and local regulations. In the event of an inconsistency between this Section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the single family zoning districts shall be located, developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit residential development shall not be permitted under this Section in any of the following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for residential use;
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v. Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the City or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; vii. A regulatory flood way identified in a FEMA map, unless the development has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and
ix. A historic district or property designated pursuant to a local ordinance or included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted based on the terms established in the Section.
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2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following configurations. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including garages.
3. One new unit attached to and increasing the size of an existing residential unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.
6. A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this Section. Only one accessory dwelling unit may be added to a lot created through an Urban Lot Split.
D. Parking.
1. No parking shall be required for dwelling units developed pursuant to this Section.
E. Rear and Side Setbacks.
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1. No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum four-foot setback shall be provided from side and rear lot lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning standards and objective design standards. Accordingly, the follow objective standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding garages, shall not exceed the floor-area ratios maximums found in Section 16.32.050 of this Title. These maximums, however, shall not preclude the construction of at least two (2) 1,200 square foot units per lot.
b. Building Separation: detached dwelling units shall have a minimum of 10 feet of separation whether the units are on one lot or adjacent lots. c. Height: The maximum height of a unit developed pursuant to this Section shall be 30-feet.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood or stone, wood, stucco, or other cementitious material. Plywood, such as T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard.
3. Parking and Circulation
a. When parking is proposed, the parking areas shall not be located between a structure and a public sidewalk within the front setback, with
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the exception of permitted driveways. When parking areas are located in the front yard, outside of the front setback, a landscape buffer of at least 10 feet between the sidewalk and parking area shall be provided. b. All parking areas serving more than one unit shall be internally connected and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially review and approve a two-unit residential development application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the two-unit residential development project complies with the requirements contained in this Title 16 and qualifies under Government Code Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential development project, the applicant shall be required to obtain a building permit, and other applicable construction permit requirements prior to the construction of the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is statutorily exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. The City Clerk shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
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SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
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___________________________________
CARON RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
ATTACHMENT 6
California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.
California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.
The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or
California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “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 the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)
California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.
Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.
California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.
Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.
California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.
Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.
Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.
Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.
Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.
Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.
Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.
No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.
See HCD’s ADU and JADU webpage for more information and resources.
Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.
Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees,
California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.
Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.
Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.
Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.
ATTACHMENT 7
San Luis Obispo County Important Farmland 2018 Source: California Department of Conservation
1 ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 18, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Kristin Juette, Warren Hoag, Bruce Berlin
Committee Members Absent: Lori Mainini Hall
Staff Present: Community Development Director Brian
Pedrotti, Associate Planner Andrew Perez,
Assistant Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Chair Hoag called the meeting to order at 2:30 pm.
2. ROLL CALL
Chair Hoag performed the roll call. Committee Member Hall was absent.
3. FLAG SALUTE
Chair Hoag led the flag salute.
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6. WRITTEN COMMUNICATIONS
Chair Hoag acknowledged the two Supplemental Memos containing public comment for Item 8.b.
7. CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
This item was continued to the next Regular Meeting due to a lack of quorum of Committee Members that attended the March 21, 2022 Regular Meeting.
ATTACHMENT 8
3 8.b Review of Objective Design Standards for Projects Proposed Under Senate Bill 9 (SB 9) Committee Member Couch rejoined the meeting at 2:37 pm.
Acting Planning Manager Perez presented the staff report, explained the legislation and what it permits. He summarized the objective design standards proposed by staff and the reasoning behind each of them. He also answered questions from the Committee related to where parking is permitted on residential properties.
Chair Hoag opened public comment.
Kevin Buchanan, Arroyo Grande Planning Commissioner, advocated for taller maximum heights and larger unit sizes. He also wanted to ensure that the standards do not discourage SB 9 development.
Chair Hoag closed the public comment.
The Committee was not supportive of a one sizes fits all approach to the maximum units size and felt that 1,200 square feet would be too restrictive for larger lots. The Committee suggested using a sliding scale based on lot size to determine the maximum allowable unit size. The Committee was in favor of a tiered approach to the maximum height limit depending on whether the unit was located in the setback of the underlying setback for the district. The Committee was not supportive of a prohibition of rooftop decks.
The Committee found the color and material standards proposed too restrictive and do not allow for creativity. The Committee suggested revising the parking standards to specify that parking in a driveway is allowed and adding a landscape buffer requirement to maintain aesthetics and neighborhood character.
Moved by Bruce Berlin
Seconded by Kristin Juette
Recommendation to the Planning Commission to recommend adoption of the objective design standards as revised by the ARC.
AYES (4): Jon Couch, Kristin Juette, Warren Hoag, and Bruce Berlin ABSENT (1): Lori Mainini Hall
Passed (4 to 0)
9. DISCUSSION ITEMS
9.a Election of Chair and Vice Chair
Vice Chair Berlin nominated Chair Hoag to remain Chairperson for the next year. Committee Member Juette made a motion, seconded by Vice Chair Berlin, to serve as Chairperson until the first regular meeting in March 2023. The motion passed unanimously.
Chair Hoag nominated Vice Chair Berlin to remain Vice Chair for the next year. Chair Hoag made a motion, seconded by Committee Member Juette, to serve as Vice Chair until the first regular meeting in March 2023. The motion passed unanimously.
MEMORANDUM
TO: City Council
FROM: Andrew Perez, Planning Manager
SUBJECT: Supplemental Information
Agenda Item 9.b – May 24, 2022 City Council Meeting
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code Amendment 21-002; Location – Citywide
DATE: May 24, 2022
This supplemental memo contains revisions, shown in redline, to the draft ordinance made after the publication of the agenda.
cc: City Manager
Assistant City Manager/Public Works Director
Community Development Director
City Attorney
City Clerk
City Website (or public review binder)
ORDINANCE NO.
PAGE 2
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE AND ADDING SECTIONS
16.32.060 AND 16.20.180 PERTAINING TO REGULATIONS
FOR TWO-UNIT RESIDENTIAL DEVELOPMENT WITHIN
SINGLE-FAMILY RESIDENTIAL ZONES AND TO PARCEL
MAPS FOR URBAN LOT SPLITS TO COMPLY WITH
SENATE BILL 9 (SB 9), CALIFORNIA GOVERNMENT CODE
SECTIONS 65852.21 AND 66411.7
WHEREAS, on September 16, 2021, Governor Gavin Newsom signed Senate Bill 9 into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as set forth in Government Code Section 65852.21 and ministerial approval of urban lot splits pursuant to Government Code Section 66411.7; and
WHEREAS, Government Code sections 65852.21 and 66411.7 permit the imposition of objective zoning standards, objective design standards and objective subdivision standards on two-unit residential development projects and urban lot splits, provided that they do not physically preclude the construction of up to two units of at least 800 square feet in floor area; and
WHEREAS, the City of Arroyo Grande desires to amend Title 16 of the Arroyo Grande Municipal Code to comply with the provisions of Government Code sections 65852.21 and 66411.7; and
WHEREAS, the City of Arroyo Grande has duly initiated this amendment to the Arroyo Grande Municipal Code to add Section 16.32.060 pertaining to Regulations for Two-Unit Residential Development within Single-Family Residential Zones and Section 16.20.180 pertaining to Parcel Maps for Urban Lot Spits; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on May 3, 2022 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the AGMC; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof as required by law, held a public hearing on May 24, 2022, concerning the addition of AGMC Sections 16.20.180 and 16.32.060; and
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WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on May 24, 2022 introduced this Ordinance to add Section 16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the AGMC; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report, its attachments and all supporting materials referenced therein or offered in the matter as presented at the public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of property in the Single-Family single-family zoning districts an additional method to subdivide the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in a single-family zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 16.32.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Section, and submitted for approval to the City Engineer. A fee in an amount established by City Council resolution must be paid concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section. The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this Section.
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C. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot. b. Location and dimensions of existing and proposed property lines; c. Zoning District;
d. The location and use of all existing and proposed structures; e. All required zoning setbacks for the existing and proposed lots; f. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal; j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
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(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv)Housing that has been occupied by a tenant in the last three years. b. The parcel has not been established through prior exercise of an urban lot split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the City’s Standard Specification and Engineering Standards.
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4. Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory; c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
d. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D, above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. e. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. f. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses. g. Lot lines shall be contiguous with existing zoning boundaries.
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h. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City’s standards. ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement. b. Vehicle access easements serving three to four units shall meet the following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement. c. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
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2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City’s Design Standards, and the parking design standards in the Development Code.
5. Lots taking access by an easement must record a shared maintenance agreement for the driveway. The agreement shall be recorded prior to or concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings;
b. That rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or accessory dwelling units in this Code, or any other adopted objective design standards in effect at the time a complete application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the parcel map is recorded.
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3. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo Grande Municipal Code to read as follows:
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one legal parcel, consistent with state law and local regulations. In the event of an inconsistency between this Section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the single-family zoning districts shall be located, developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit residential development shall not be permitted under this Section in any of the following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
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iv. A hazardous waste site, unless the site has been cleared by the State for residential use;
v. Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the City or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; vii. A regulatory flood way identified in a FEMA map, unless the development has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and ix. A historic district or property designated pursuant to a local ordinance or included on the State Historic Resources Inventory.
b. The proposed development would require demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and iii. A rent controlled unit.
c. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.
d. The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted based on the terms established in the Section.
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2. The dwelling unit(s) shall not be rented for a period of less than thirtyone (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one (31) day period of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following configurations. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including garages.
3. One new unit attached to and increasing the size of an existing residential unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.
6. A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits.
7. Up to two accessory dwelling units pursuant to AGMC Section
16.52.150, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this Section. Only one accessory dwelling unit may be added to a lot created through an Urban Lot Split.
D. Parking.
1. No parking shall be required for dwelling units developed pursuant to this Section.
E. Rear and Side Setbacks.
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1. No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum four-foot setback shall be provided from side and rear lot lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning standards and objective design standards. Accordingly, the follow objective standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050 of this Title. These maximums, however, shall not preclude the construction of at least two (2) 1,200 square foot units per lot. b. Building Separation: detached dwelling units shall have a minimum of 10 feet of separation whether the units are on one lot or adjacent lots. c. Height: The maximum height of a unit developed pursuant to this Section shall be 30-feet.
d. Rooftop decks shall be permitted in accordance with the design standards established by Subsection D of Section 16.48.180 of this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood or stone, wood, stucco, or other cementitious material. Plywood, such as T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard.
3. Parking and Circulation
a. When parking is proposed, the parking areas shall not be located between a structure and a public sidewalk within the front setback, with the exception of permitted driveways. When parking areas are located in the front yard,
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outside of the front setback, a landscape buffer of at least 10 feet between the sidewalk and parking area shall be provided.
b. All parking areas serving more than one unit shall be internally connected and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially review and approve a two-unit residential development application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the two-unit residential development project complies with the requirements contained in this Title 16 and qualifies under Government Code Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential development project, the applicant shall be required to obtain a building permit, and other applicable construction permit requirements prior to the construction of the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is statutorily exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
The City Clerk shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
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SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
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___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
Agenda Item 9.b. – Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code Amendment 21-002; Location – Citywide
DATE: May 24, 2022
Attached is correspondence received before 4 p.m. for the above referenced item. cc: City Manager
Assistant City Manager/Public Works Director
Community Development Director
City Attorney
City Clerk
City Website (or public review binder)
From: Jim Guthrie
To: Caren Ray Russom; Jimmy Paulding; Kristen Barneich; Lan George; Keith Storton Cc: Jessica Matson; Brian Pedrotti
Subject: SB9
Date: Sunday, May 22, 2022 5:30:28 PM
Mayor and Council Members:
You probably know that I was the no vote at Planning Commission on the recommendations for implementation of SB9. My primary concern was eliminating any required parking. SB9’s one space per unit is already a 50% reduction from our current standards. While it’s possible that residents of these units would not have any autos, I think it’s a fair bet that 99% of them would still need or want a car. While I understand my collages desire to make these units as buildable as possible the 6 cars possible in just one of these developments could take up the remaining street parking on a number of streets in our single-family zoned neighborhoods. An alternative would be to allow parking (but no structure) in the 10-foot buffer area behind the sidewalk. This would cut the parking foot print in half by eliminating the need for an approved drive way to access the parking space on site. There are many neighborhoods where most driveways already have a full driveway due to the inaccessibility of the garage.
While I think most of these lot splits will be used to add a single additional single-family home for sale (not even a duplex) allowing the ADU as a possible 3rd unit increases the opportunity develop small scale rental units to meet the “missing middle” aspiration of SB9.
Jim Guthrie
From: Janie L
To: public comment
Subject: SB9 Accept "As is" PLEASE
Date: Tuesday, May 24, 2022 2:51:52 PM
"Dear City Staff and Council Members,
Elderly are being thrown out of their homes, some cannot find parking for their RV’s. Young people cannot afford to live here. There are homeless students in the colleges. Large lower income families with children have no place to live if income is not high enough to meet rising expenses. Often not enough homeless shelter beds and many fear living there. I personally know of people leaving here, some have lived their lives and some want to come and live here for elderly family members.
If we don’t preserve “Diversity, Equity, and Inclusion, as well as honoring the Regional Housing and Infrastructure Compact as already agreed upon in 2019” , then we are selfabsorbed and not representative of “All”. If SB9 is not accepted “As Is”, we are not only selfish and uncaring but w/o workers who cannot afford to live here. This then becomes quite a mess for all who need helpers, handymen and employees-- not to mention the homeless situation and need for Mental Health Services where most people focus upon, thinking they are the “only” problem. In Santa Cruz there were actually people trained in certain housing units to help these people along, but where we our areas is being overtaken by rich retirees, they are being taken over by the Silicon Valley and many are moving out. Not knowing the situation here and always taking my kids to Spooners Cove and our Village for years, I moved here for that very same reason. . But yes, our entire state is in a shambles and we need to do more. This is indeed a different world, but cannot put our heads in the sand.
There are a lot of “rumors” going on bribes are being accepted by large construction companies and some have been pardoned from granting housing to those in need as was originally established for lesser payments. I am new here and do not “yet” know the details or truth in all these matters, but am learning and just pray there is some decency amongst all individuals and parties showing “how” to come together and make this a better place for those in horrific need as well as lower income individuals who can continue to work here. I might add this is a medically underserved area which I used to designate back east. Physicians out of medical school also cannot afford to live here. This is another issue that needs to be addressed separately but it just demonstrates the diversity of affordable living. It would also help if the City could help us convert our garages to make studio homes for retirees like ourselves, etc. in larger numbers.
But for now, please Accept SB9 “As Is” and thank you. I have been helping as many people as I can but this issue is way larger than individual needs. I might add I have friends from both parties and all my friends want to see something done. Many are concerned their neighborhoods will be hit with housing and values go down. But with all the thefts and homelessness that is already happening. That is why I think it would be great if many of us started conversions in addition to supporting this legislation. Problem is I cannot afford it but could take the income and give back to whoever helps me government wise do such a thing.
We ALL have to do something.
Thanks you. Your positions are not easy.
Sincerely,
Jane (Janie) Leikind
Arroyo Grande CA 93420
From: Katipoo B
To: public comment
Subject: SB9
Date: Tuesday, May 24, 2022 11:32:42 AM
Dear City Staff and Council Members,
I'm worried about how expensive housing has become in our community. Staff and commissions have put some real thought into the proposals for SB9 and I strongly urge you to accept it as-is. We can preserve our neighborhoods and create the housing we need if we work with state laws, instead of against them. Getting these homes built is a major part of your city council's goal of Diversity, Equity, and Inclusion, as well as honoring the Regional Housing and Infrastructure Compact all the cities and the County Board agreed to in 2019. Please approve the proposed ordinance!"
PLEASE! I spend Over 60% of my takehome income on rent - only to live in a total dump, but there's absolutely No Opportunity to Move - unless I move out of the area...I don't think my
employer would like that very much. FYI - I make $56k annually Before taxes.
Kate Brennan
From: RL Mann
To: public comment
Subject: Yes to approve revised SB9 ordinance
Date: Tuesday, May 24, 2022 12:53:25 PM
Dear Councilmembers,
The SB9 ordinance before you is much improved from the first draft we read a few months ago. I am particularly glad to see it extended to all six zonings that were formerly restricted to a detached single-unit home. And I'm glad to see height limit parity.
It's a good thing when neighbors like those of my friend Alice up on Hillcrest Drive have the flexibility to create housing for extended family and new neighbors in their own back, side, or front yard.
It's a good thing to allow more energy-, water-, and cost-efficient construction like duplexes.
It's a good thing for the environment to build homes in and up, rather than out and away. It saves farmland and greenspace and reduces car trips.
And it's a good thing financially for cities to allow a few more people in to share the cost of services, rather than continually raising taxes on the folks already here.
I urge you to have confidence and courage, and to vote to approve this ordinance as presented.
Sincerely,
Rachel Mann
Grover Beach
From:
To: public comment
Subject: Housing SB9
Date: Tuesday, May 24, 2022 11:57:53 AM
Dear City Staff and Council Members,
I'm worried about how expensive housing has become in our community. Staff and commissions have put some real thought into the proposals for SB9 and I strongly urge you to accept it as-is. We can preserve our neighborhoods and create the housing we need if we work with state laws, instead of against them. Getting these homes built is a major part of your city council's goal of Diversity, Equity, and Inclusion, as well as honoring the Regional Housing and Infrastructure Compact all the cities and the County Board agreed to in 2019. Please approve the proposed ordinance!
Victoria Ramos
1 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
May 24, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member
Paulding, Council Member Storton
Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson performed roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Arroyo Grande Optimist International led the flag salute.
5. AGENDA REVIEW
There was Council consensus to move Item 9.b. to the end of the agenda.
5.a Closed Session Announcements
City Attorney Carmel announced that there was no reportable action.
5.b Ordinances read in title only
2 Moved by Mayor Ray Russom
Seconded by Council Member Barneich
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
6. SPECIAL PRESENTATIONS
6.a Update Regarding Countywide COVID-19 Efforts
City Manager McDonald provided a brief update on COVID-19 and the County "Test to Treat" services.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b City Manager Communications
City Manager McDonald provided information regarding submittal of the application for MultiModel Project Discretionary Grant for the Brisco Halcyon Interchange Project; and discussed upcoming items for Council consideration.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c Honorary Proclamation Declaring June 2022 as “Pride Month” Mayor Ray Russom read the Honorary Proclamation Declaring June 2022 as "Pride Month".
Denise Andrade, 5 Cities Hope, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.d Honorary Proclamation Recognizing June 19, 2022 as "Juneteenth Day" in Arroyo Grande
Mayor Ray Russom read the Honorary Proclamation Recognizing June 19, 2022 as "Juneteenth Day" in Arroyo Grande. Cheryl Vines, NAACP, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.e Honorary Proclamation Declaring June 3, 2022 as “Hunger Awareness Day” Mayor Ray Russom read the Honorary Proclamation Declaring June 3, 3033 as "Hunger Awareness Day". Branna Still, SLO Food Bank, accepted the proclamation.
3 Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Phil Dollman, and Greg Steinberger. No further public comments were received.
8. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. There were none.
Mayor Ray Russom invited public comment. Speaking from the public were Scott Kohlbush, and Garrett Philibin. No further public comments were received.
Council provided comments on Items 8.e. and 8.i.
Moved by Council Member Barneich
Seconded by Mayor Pro Tem George
Approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
8.a Consideration of Cash Disbursement Ratification
Ratified the attached listing of cash disbursements for the period of April 16 through April 30, 2022.
8.b Approval of Minutes
Approved the minutes of the Regular City Council Meeting of May 10, 2022 and Special City Council Meeting of May 18, 2022 as submitted.
8.c Consideration of Resolutions for the 2022 General Municipal Election for the Election of Certain Officers of the City
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; and 3) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
4 CITY OF ARROYO GRANDE, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022".
.
8.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC".
8.e Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the Month of June 2022 at Heritage Square Park and at City Hall
Authorized the display of the Pride Flag during the month of June 2022 at Heritage Square Park and at City Hall.
8.f Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 17-24, 2022 at City Hall
Authorized the display of the Juneteenth Flag for the week beginning on June 17 through June 24, 2022, at City Hall.
8.g Consideration of Adoption of a Resolution Approving the Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority for the Cities of San Luis Obispo County, California
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE OF THE ADOPTING THE SECOND AMENDED AND RESTATED JOINT
POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA".
8.h Consideration of a Resolution Authorizing the Community Development Director to Submit an Application for the ATP Cycle 6 Grant and Execute any Agreements for the Use of Grant Funds for Implementation of the Halcyon Road Complete Streets Plan Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO
SUBMIT THE GRANT APPLICATION AND TO EXECUTE ANY NECESSARY AGREEMENTS
FOR THE USE OF GRANT FUNDS FROM THE ACTIVE TRANSPORTATION PROGRAM CYCLE 6 GRANT" and execute any agreements necessary for the use of grant funds as approved in the future Council-approved CIP budget in effect at the time the agreements are signed.
8.i Monthly Water Supply and Demand Update
Received and filed the monthly Water Supply and Demand Report.
9. PUBLIC HEARINGS
5 9.a Public Hearing to Consider a Resolution Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID)
City Manager McDonald presented the staff report and Administrative Services Director Valentine responded to questions from Council.
Mayor Ray Russom opened the public hearing. Speaking from the public were Gaea Powell, and Annie Ashbrook. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.
Moved by Council Member Storton
Seconded by Council Member Paulding
1) Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the AGTBID and levy an annual assessment for Fiscal Year 2022-23; 2) Determine whether a legally sufficient number of protests have been made; and 3) If a legally sufficient protest is not made, adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2022-23 FISCAL YEAR".
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
9.b Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code Amendment 21- 002; Location – Citywide
This item was heard after Item 11.b.
Mayor Ray Russom called for a brief break at 8:09 p.m. The Council reconvened at 8:15 p.m.
Community Development Director Pedrotti presented the staff report and responded to questions from Council.
Mayor Ray Russom opened the public hearing. Speaking from the public were Rachel Mann, Garrett Philbin, Krista Bandy, and Kevin Buchanan. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.
Moved by Mayor Ray Russom
Seconded by Council Member Barneich
Continue the item to a date certain of June 14, 2022.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
6 9.c Consideration of 5-Year Review of Local Sales Tax Administrative Services Director Valentine presented the staff report and responded to questions from Council.
Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing.
Moved by Council Member Paulding
Seconded by Mayor Pro Tem George
Conduct the public hearing, receive and file the 5-year report covering the period of July 2016 through June 2021, and approve continuation of the local sales tax.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
10. OLD BUSINESS
None.
11. NEW BUSINESS
11.a Discussion and Consideration of the 5-Year Capital Improvement Program and 5-Year Local Sales Tax Fund Expenditure Program
Administrative Services Director Valentine presented the staff report and responded to questions from Council.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
11.b Consideration of Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 8, 2022 Ballot
City Manager McDonald presented the staff report and responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public were Garrett Philbin, and Jim Guthrie. No further public comments were received.
Moved by Council Member Storton
Seconded by Mayor Pro Tem George
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY A MEASURE RELATING TO THE ESTABLISHMENT OF A LOCAL
TRANSACTION AND USE TAX (SALES TAX) AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 5187".
7 AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
Moved by Council Member Storton
Seconded by Council Member Barneich
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 3.23 TO TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATED TO A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION". City Attorney Carmel read the full title of the Ordinance.
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
Moved by Council Member Storton
Seconded by Mayor Ray Russom
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS".
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
Moved by Council Member Storton
Seconded by Mayor Pro Tem George
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS".
AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
Moved by Council Member Storton
Seconded by Council Member Barneich
Approve the revised argument to be submitted in favor of the measure.
8 AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)
12. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative.
12.a MAYOR RAY RUSSOM:
1. California Joint Powers Insurance Authority (CJPIA)
2. South San Luis Obispo County Sanitation District (SSLOCSD)
3. Tourism Business Improvement District Advisory Board
4. Other
12.b MAYOR PRO TEM GEORGE:
1. County Water Resources Advisory Committee (WRAC)
2. Visit SLO CAL Advisory Board
3. Other
12.c COUNCIL MEMBER BARNEICH:
1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other
12.d COUNCIL MEMBER PAULDING:
1. Air Pollution Control District (APCD)
2. Brisco/Halcyon Interchange Subcommittee
3. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)
4. REACH SLO Advisory Commission
5. Other
12.e COUNCIL MEMBER STORTON:
1. Brisco/Halcyon Interchange Subcommittee
2. Five Cities Fire Authority (FCFA)
9 3. Integrated Waste Management Authority Board (IWMA)
4. South County Chambers of Commerce Governmental Affairs Committee
5. Other
13. COUNCIL COMMUNICATIONS
Mayor Pro Tem George commented on her appreciation for the SB 9 study session and thanked staff for their work on the item.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:54 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
Agenda Item 9.c. – Continued Discussion and Consideration of the Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code to Implement Senate Bill 9; Development Code Amendment 21-002; Location – Citywide
DATE: June 14, 2022
Attached is correspondence received before 4 p.m. for the above referenced item. cc: City Manager
Assistant City Manager/Public Works Director
Community Development Director
City Attorney
City Clerk
City Website (or public review binder)
From: Kevin Buchanan
To: public comment; Kristen Barneich; Caren Ray Russom; Jimmy Paulding; Keith Storton; Lan George Subject: Item 9.C - SB9 Ordinance
Date: Monday, June 13, 2022 5:51:23 AM
Attachments: Screen Shot 2022-06-11 at 3.10.06 PM.png
Councilmembers,
Adding a parking requirement to SB9 units will add about $30k to the construction cost of each unit. That additional cost per unit would be an intentional choice on your part. This choice would be in direct conflict with any stated claims that you as individuals have made in support of making housing more affordable and attainable in our city. This step backward from the ordinance that was proposed to you is also in direct conflict with adopted goals through the Housing Element.
https://link.edgepilot.com/s/dbcf90f9/Bp73bKpOUEm573QFy3OE7Q? u=https://www.accessmagazine.org/spring-2016/cutting-the-cost-of-parking-requirements/ When the planning commission adopted changes to the ordinance removing the parking requirements, we deliberately did so with this in mind. No, it wasn't an easy decision. Yes, we considered that people will likely need to park somewhere. Yes, there was disagreement. But we deliberated, and 4 out of 5 of us felt that reducing costs, and allowing for designs that are more affordable by design, was worth the trade off. SLO County is one of the least affordable regions in the US. We should be looking to go beyond what state law requires here in order to proactively permit affordable housing designs within our city.
Removing the requirement also doesn't mean that parking won't be built. Builders can certainly choose to build parking if they think people in need of a home will want to pay for parking. That's a choice they can make. We shouldn't be making it for them. If we're
concerned about parking in our auto oriented community, then we should take steps to reduce the expensive auto orientated, car dependent street and transit systems. And that begins with making it legal to build a home without a parking space.
Parking requirements weren't created for accessibility reasons, and having 1 mandated parking space (for a home that may potentially have 5 cars, as council posited) doesn't reduce parking on the streets. Study after study shows that off street parking requirements just increase the amount of cars on the road, increase the on street parking being used as well, and increase the cost of building. This isn't really up for debate. If you truly care about making homes more affordable, then I hope you act based on evidence of what actually accomplishes that goal, rather than personal notions based on the status quo.
Kevin Buchanan
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
From: Alexis Schmitz
To: public comment
Subject: ADUs on agenda tonight
Date: Tuesday, June 14, 2022 1:31:28 PM
To whom it may concern,
I am an AG citizen writing in support of allowing additional dwelling units in the city. It is very expensive to live in Arroyo grande. Being able to add a rental unit or a unit for adult children to use to launch into the world would be a good option for many families. It would also help people who are hoping to afford to retire in our community. It will also help ease the housing crisis. I hope you will support the allowance of additional dwelling units. Especially considering they would be a bigger benefit for the community than yet another hotel.
Sincerely,
Alexis Schmitz
From: India Dastic
To: public comment
Subject: Housing Crisis - Let"s move forward.
Date: Tuesday, June 14, 2022 1:25:30 PM
Hi City Council,
Please honor the time and energy the Planning Commission took and PASS the policy that would allow maximum choices for homeowners in a way that is respectful of Arroyo Grande's aesthetics.
We need more housing options in our area. People cannot afford to live here, especially after the pandemic and people from out of town coming to live.
Please pass this and move forward.
India Dastic, AG resident
From: Miller
To: public comment
Subject: 6/14/2022 Public Comment Agenda Items 8e & 9c
Date: Tuesday, June 14, 2022 2:50:56 PM
Attachments: AG Council.pdf
Please see attached. Please redact any personal information (email addresses, etc.) Thank you.
June 14, 2022
Dear City Council Members,
8e - I protest a tax increase and encourage you to consider the many negative ramifications of passing it. With gas, food, childcare, and other items at an all-time high, this will only further hurt the hard-working families that make up this community. Tourism isn't high enough to justify a 1% tax, especially with fewer and fewer events occurring and gas prices. 9c - I also protest this resolution and encourage you, again, to stop passing items that only hurt the community in which you serve. ADUs serve as a great way for families to help each other. With your proposal, if I wanted to add an ADU for in-laws or adult children, I’d have to provide an offsite parking space. With the propose “street diet” for my street, we will lose ALL parking in front of our home. It’s a silly loop that needs to be considered.
Please stop adding hotels that we do not want and do not need. Clearly the TOT isn’t paying for roads, and we don’t have adequate water supplies and we’re in a drought.
A.Miller
Arroyo Grande resident
From: Lauren Ames
To: public comment
Subject: Yes on SB9!!!
Date: Tuesday, June 14, 2022 1:37:31 PM
Dear City Staff and Council Members,
Housing has become so expensive in SLO County, and Arroyo Grande is no exception! It is so expensive that the people who live and work here cannot afford to do so and are about to be completely priced out of this area. I personally know one young family who was forced to move out of state to find more affordable housing for their family, and I know of two others who are seriously considering moving out of state as well because they just can't make ends meet and can't find affordable housing. These are teachers, therapists, small business owners, etc. who are wonderful contributors to our community. My family and I struggled to finally buy a house in Arroyo Grande - we put offers on 11 homes before we were finally accepted - and we are so happy here, but with the high cost of living we need financial help for it to be sustainable in the long run. We'd love to be able to convert our detached twocar garage into an ADU for long term rentals to help us endure the high cost of living here, and to help other people who are struggling to find housing, but there are currently so many obstacles in our way, right now it feels impossible.
Your staff and commissions have put some real thought into the proposals for SB9 and I strongly urge you to accept it as-is. The care and attention to detail they took in creating them shows we can preserve our neighborhoods and create the housing we need if we work with state laws, instead of against them. Getting these homes built is a major part of your city council's goal of Diversity, Equity, and Inclusion, as well as honoring the Regional Housing and Infrastructure Compact all the cities and the County Board agreed to in 2019. Please approve the proposed ordinance! Kind regards,
Lauren Ames, MATI
Federally Certified Court Interpreter
California State Certified Court Interpreter
Texas Master Licensed Court Interpreter
From: Mario Alcolea
To: public comment
Subject: Approve SB9
Date: Tuesday, June 14, 2022 1:47:38 PM
Dear City Staff and Council Members,
I'm worried about how expensive housing has become in SLO County, and Arroyo Grande is no exception. Your staff and commissions have put some real thought into the proposals for SB9 and I strongly urge you to accept it as-is. The care and attention to detail they took in creating them shows we can preserve our neighborhoods and create the housing we need if we work with state laws, instead of against them. Getting these homes built is a major part of your city council's goal of Diversity, Equity, and Inclusion, as well as honoring the Regional Housing and Infrastructure Compact all the cities and the County Board agreed to in 2019. Please approve the proposed ordinance!
Mario Alcolea
From:
To: public comment
Subject: Agenda item 9C, June 14, 2022
Date: Tuesday, June 14, 2022 11:07:25 AM
Simply put, I ask that you adopt this resolution without watering it down any further. It is imperative that those of us so fortunate to be able to live in our wonderful city use every measure possible to assure that those who work and shop here have that same opportunity. Our teachers, clerks landscapers, barbers and everyone else we rely on daily deserves to be able to live close to their place of employment. More and more that is an economic necessity for those families as well as an environmental imperative as we all struggle with the consequences of climate change.
Our son is one of many who left to live and work elsewhere. There isn’t a single visit when he doesn’t say how much he would like to return here. But the cost of living here – especially the cost of housing – makes that impossible for them right now. As it stands, a day will come when he will inherit our property and then he will be able to fulfill his dream of returning home. But parents shouldn’t have to die so their children can live here.
There’s much to be done if we are going to work seriously to provide affordable housing for most everyone. And if that means setting my self-consideration aside and instead consider the needs of the phlebotomist who drew my blood this morning so be it. The step being asked of you this evening is just the beginning. So please let this begin now.
Thank you for this opportunity to comment.
Michael Byrd
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Proposals for Tourism Marketing Services for the Arroyo Grande Tourism Business Improvement District, Selection of a Marketing Firm, and Approval of an Agreement for Consultant Services
DATE: June 14, 2022
SUMMARY OF ACTION:
Review and selection of a marketing firm and approval of an agreement for tourism marketing services for the Arroyo Grande Tourism Business Improvement District (AGTBID).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed Fiscal Year 2022-23 operating budget for the AGTBID includes $225,000 for tourism marking services. The cost of the agreement with the selected consultant will be for an amount not to exceed the approved budget amount and will be paid from the Fiscal Year 2022-23 AGTBID budget. The AGTBID currently has a beginning fund balance of $325,075. The agreement will continue to be managed by the South County Chambers of Commerce (SCCC). There will be minimal impact on City staff related to processing payments for tourism marketing services provided through the agreement.
RECOMMENDATION:
1) Review proposals received from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing for AGTBID tourism marketing services; 2) Select a marketing firm; and 3) Authorize the City Manager to enter into an Agreement for Consultant Services in an amount not to exceed the approved budget amount in a form approved by the City Attorney.
BACKGROUND:
In May 2013, the City Council adopted an Ordinance establishing the AGTBID. The AGTBID was formed under the Parking and Business improvement Law of 1989, Sections 36500 et. seq. of the Streets and Highways Code and incorporated into the Arroyo Grande
Item 11.a.
City Council
Consideration of Proposals for Tourism Marketing Services for the Arroyo Grande Tourism Business Improvement District, Selection of a Marketing Firm, and Approval of an Agreement for Consultant Services
June 14, 2022
Municipal Code (AGMC) in Title 3, Chapter 3.46. The purpose of forming the AGTBID was to provide revenue to defray the cost of services, activities, and programs promoting lodging businesses in the AGTBID through the promotion of scenic, recreational, cultural, and other attractions in the AGTBID as a tourist destination.
The AGTBID budget allocates a certain amount of funding toward marketing activities, or the development of marketing activities. The City has contracted with a professional firm for print, web, social media and email marketing since inception of the AGTBID.
In June 2018, the Council approved an agreement with Verdin Marketing for tourism marketing services to provide a fresh perspective and innovative ideas given the current economic climate and needs of Arroyo Grande’s tourism market (Attachment 3). Since that time, a tourism website, rebranding of Visit Arroyo Grande, a monthly e-newsletter, advertising campaigns, a tourism strategic plan, and other marketing efforts have been developed and implemented. The term of the current contract with Verdin Marketing will expire on June 30, 2022. The costs of the current contract are not to exceed $166,500, the amount previously budgeted for tourism marketing services through the annual operating TBID budget.
At the March 28, 2022 AGTBID Board special meeting, the AGTBID Advisory Board reviewed and approved a Request for Proposals (RFP) for marketing, communications, website management, and social media services for Visit Arroyo Grande. The RFP was published on April 7, 2022, and closed May 13, 2022, at 5:00 p.m. Additionally, the South County Chambers of Commerce distributed the RFP to local marketing firms as well as some state and national firms. This outreach was executed through eblast (group email), social media, boosted social media posts, and direct emails. Five firms submitted proposals: ShuBu Creative (Colorado), WeUsThem (Nova Scotia, Canada), Goodsides (California), Madison Strategies & Kassandra Maher Marketing (Washington), and Verdin Marketing (California).
At the AGTBID Board special meeting on May 23, 2022, the Advisory Board reviewed the proposals and selected two firms for further consideration: (1) Madison Strategies & Kassandra Maher Marketing and (2) Verdin Marketing. The Board agreed to invite the two firms to a special Board meeting on May 31, 2022 to make a 10- to 15-minute presentation via Zoom.
At the May 31, 2022 AGTBID Board special meeting, the AGTBID Advisory Board received presentations from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing. At the conclusion of the meeting, the Advisory Board recommended that the City Council consider and select one of the two firms, Madison Strategies & Massandra Maher Marketing and Verdin Marketing, as the AGTBID tourism marketing
Item 11.a.
City Council
Consideration of Proposals for Tourism Marketing Services for the Arroyo Grande Tourism Business Improvement District, Selection of a Marketing Firm, and Approval of an Agreement for Consultant Services
June 14, 2022
services consultant. The Advisory Board did not reach a determination on which firm to recommend to the City Council.
ANALYSIS OF ISSUES
The proposed agreement for tourism marketing services would be for a one-year period with the City’s option to extend the agreement for a second and third year upon mutual consent of the parties. Representatives from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing will provide a brief presentation of their proposals and be available to answer questions from the Council. It is recommended that the City Council consider the presentations and proposals, discuss and select a firm, and authorize the City Manager to execute an agreement with the selected firm in a form approved by the City Attorney and in amount not to exceed the amount budgeted for the services in the approved AGTBID operating budget.
At the time that the RFP was published, it was anticipated that the costs for the tourism marketing services would not exceed the previously-budgeted amount of $166,500.
However, the current proposed operating budget for Fiscal Year 2022-23 would increase funding and the scope of services for the tourism marketing consultant to $225,000. As a result, the two firms presented for consideration, Madison Strategies & Kassandra Maher Marketing and Verdin Marketing, have provided updated cost estimates and scopes of work consistent with the proposed Fiscal Year 2022-23 budget. It is recommended that the consultant services agreement allow for payment for services not to exceed the approved budget amount to account for the increased services requested by the AGTBID Advisory Board in the Fiscal Year 2022-23 budget. Because the proposed Fiscal Year 2022-23 Budget proposes to use a portion of fund balance to pay for the overall operating budget, it is possible that, in future years, the tourism marketing consultant services will be reduced to account for reductions in funding. Additionally, some tasks included in the proposals and approved budget will likely be completed and no longer necessitate the higher not-to-exceed amount. The consultant services agreement would include terms to address this possibility.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Review proposals from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing, select a firm, and authorize the City Manager to execute an agreement in a form approved by the City Attorney in an amount not to exceed the amount approved in the AGTBID operating budget for the services; or
2. Review proposals from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing, select a firm, and authorize the City Manager to execute an agreement in a form approved by the City Attorney in a different amount than the approved budget;
Item 11.a.
City Council
Consideration of Proposals for Tourism Marketing Services for the Arroyo Grande Tourism Business Improvement District, Selection of a Marketing Firm, and Approval of an Agreement for Consultant Services
June 14, 2022
3. Review proposals from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing, select a firm, and direct that staff return with a Consultant Services Agreement for approval at a future City Council meeting;
4. Review proposals from Madison Strategies & Kassandra Maher Marketing and Verdin Marketing, do not select a firm, and provide further direction to staff;
5. Provide other direction to staff.
ADVANTAGES:
The selection of a marketing firm will enable to AGTBID to continue moving forward in the process for improving upon the current tourism marketing program. This in turn will help increase local hotel stays, accomplish the goals of the AGTBID, improve the local economy, and demonstrate results to the lodging businesses.
DISADVANTAGES:
There are no disadvantages identified by selecting a marketing firm and entering into an agreement for consultant services for the AGTBID.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. Proposal Quick Preview – Madison Strategies & Kassandra Maher Marketing
2. Proposal Quick Preview – Verdin Marketing
3. Current Agreement with Verdin Marketing, Inc.
Marketing
& Communications
Proposal
Prepared For:
From:
Attract tourists and increase lodging and
daily average room rates
May 15, 2022
The City of Arroyo Grande
Tourism Business Improvement District
Madison Strategies, LLC
Kassandra Maher Marketing
333 Five Cities Drive
Pismo Beach, CA 93449
ATTACHMENT 1
About Us
As millennial Cal Poly alumni, we are deeply
connected to SLO County, and our education
background affords us highly specific training,
experience, and relationships. Our experienced
team will inject vitality and vibrancy into the City
of Arroyo Grande’s marketing and
communications, bringing new tourists to stay for
the very first time, and welcoming returning
guests home.
South County Chambers of Commerce
Attn: Nicole Moore
PO Box 672
Arroyo Grande, CA 93421
RE: RFP AGTBID
May 12, 2022
Dear Ms. Moore,
Thank you for your Request for Proposals for the City of Arroyo Grande’s marketing, communications, website management, and social media services. We are Corinne Madison and Kassandra Maher, partnering together for your project from Madison Strategies, LLC and Kassandra Maher Marketing.
As millennial Cal Poly alumni, we are deeply connected to SLO County, and our education background affords us highly specific training, experience, and relationships. Our team will inject vitality and vibrancy into the City of Arroyo Grande’s marketing and communications, bringing new tourists to stay for the very first time, and welcoming home returning guests.
Corinne and Kassandra both studied at Cal Poly in communications fields. We are passionate alumni, and extremely vocal evangelists for the beauty, serenity, fun, and magic of the Central Coast. Each of us have made many return trips to SLO County over the years with friends, family, partners, and for professional events. We are personally familiar with seeking a hotel and rental properties in the area for various occasions.
As owners of boutique marketing agencies, we will be deeply and personally involved in all aspects of your project. We bring a strategic eye that is backed by years of formal training and relevant work experience. Corinne and Kassandra have each worked in directly related fields for 7+ years, and continue to stay up-to-date on the latest trends and marketing concepts.. You can be confident that we are on the forefront of current and future technologies, and we never get bogged down with old-fashioned, stale ideas. We have a vast network that we lean on to find the best possible talent for each project, including locally subcontracted agents in the SLO area.
We believe the City of Arroyo Grande will be best served by choosing us as your marketing team because we offer a fresh eye from the perspective of a small, young agency. Corinne and Kassandra are extremely comfortable with proven marketing methods, but our true advantage is that we are bold, early adopters, confidently pushing the envelope when it comes to new opportunities and creative solutions.
There are emerging technologies and demographics that we can leverage to drive new interest to the city and increase tourism. Our team will explore these opportunities to revitalize the City of Arroyo Grande’s marketing strategy on all fronts, resulting in increased tourism and occupancy at your 61+ lodging properties.
Thank you for your time. We look forward to hearing from you! All the best,
Corinne Madison Kassandra Maher
Madison Strategies, LLC Kassandra Maher Marketing
Dedicated customer service, open availability, and personal commitment A fresh perspective on marketing and advertising ideas that are sure to make the City stand out
Strong familiarity with current technologies and experience capitalizing on future innovations and opportunities
Personal knowledge and appreciation of the County, with a broad network of local creative professionals that can capture the unique flavor of Arroyo Grande Executive Summary
Madison Strategies, LLC & Kassandra Maher Marketing
for the City of Arroyo Grande
It’s no secret that the City of Arroyo Grande is a beautiful place to visit on the California Central Coast, full of character and charm. As your city and your needs continue to grow, the need for a better approach to your tourism marketing and communications strategy has become clear.
Madison Strategies & Kassandra Maher Marketing empower your team to attract more tourists to the area in order to increase occupancy and average daily room rates.
Madison Strategies & Kassandra Maher Marketing deliver:
Comprehensive Roadmap - Detailed action plans focused on specific strategies to increase tourism and occupancy at the City of Arroyo Grande’s 61+ lodging properties, with the result of higher room rates and tourism profit
Trackable Metrics - Monthly reports with analysis of progress and suggested adjustments to reach targets and goals
Customer-Centered Design - Innovative, aesthetic design and functional, user-friendly interfaces that encourage and enable guests to book travel easily We are extremely comfortable with proven marketing methods, but our true advantage is that we are bold, early adopters, confidently pushing the envelope when it comes to new opportunities and creative solutions. You can rest assured that we are on the forefront of current and future technologies, and we never get bogged down with old-fashioned, stale ideas.
In partnering with Madison Strategies & Kassandra Maher Marketing, the City of Arroyo Grande can expect:
We look forward to the opportunity to serve you and grow our partnership in the future.
Division of Work and Responsibilities
As a team of two, we will divide the management of the City’s project between us partners.
While we have many talents between the two of us, we recognize when it’s time to bring in the big guns and hire subcontractors for additional work. Therefore, we may work with other independent contractors such as videographers and photographers to provide the City with the highest quality of work. Per our conversation with Ms. Moore, the City will be notified and must approve beforehand of any subcontracting agreements.
For detailed information on our experiences, our resumes below and previous work experience have been included in this package. The budget and breakdown of project schedule and deliverables encompasses more details on estimated time required to complete the project and the disclosure of billable rates for each task.
Firm
Experience
Redesigned the bakery website for easier ordering and a better customer experience
Average open rate of marketing emails of 46.4%, well above the standard open rate of 21%
Generate sales using email marketing when business did not have a storefront or pop-up location
Organic Facebook rage reach increased by 374%
Facebook page likes increased 485%
Organic Instagram page reach increased 337%
Instagram page likes increased 115%
Madison Strategies, LLC has worked with several small businesses and organizations in both California and Washington. Our work has focused primarily on developing creative marketing strategies so they can grow their followings and sales.
The Cow Path Bakery in Othello, Washington is a current client that recently opened up a brick-and-mortar location on the city’s Main Street. The bakery began working with Madison Strategies in January 2021 while selling delicious baked goods at various “pop-up” locations and through online orders and social media. Our firm provides website management, search engine optimization (SEO), email marketing, general marketing, and social media management services to the client. Since 2021, our firm has achieved the following:
Additionally, Madison Strategies planned the Grand Opening of the bakery’s new storefront, which included a ribbon cutting ceremony, remarks from both the Mayor and the Chamber of Commerce, and media coverage from at least three local outlets. During the two-week period encompassing the bakery’s soft opening and grand opening, the bakery’s social media platforms grew exponentially:
#01
May 13, 2022
City of Arroyo Grande
Proposal for
Marketing,
Communications,
Website Management
& Social Media
Services
ATTACHMENT 2
Table of Contents
Executive Summary 3
Let’s Talk About You 4
Proposed Scope of Work & Budget 11
Our Work 15
Our Team 23
We are
Obsessed with integrity
We are devoted to our work and
maintain a high level of transparency
with our clients
Passionate about strategy
We are dedicated to understanding your
goals, reaching your audiences and
delivering the best marketing support
Building our brand for 18 years
We have cultivated a stellar reputation
through years of service
A tight-knit team
We are small but mighty—we have the
agility to completely focus on you and
your needs
It has been a pleasure to partner with Visit Arroyo Grande to develop a brand that represents the personality and special touches of the destination.
Roaming roosters. The historic swinging bridge. Welcoming faces at every corner. All these things and more align to tell the story of the authentically friendly AG. This connection is near and dear to us; two of our principals reside in this one-of-a-kind town, and the opportunity to personify the brand identity has been extremely fulfilling.
After doing a deep dive on our current strategy, we are perfectly poised to leverage our previous work to evolve the Visit Arroyo Grande brand with new and exciting opportunities.
Our team is deeply rooted in the California destination marketing ecosystem while keeping our fingers on the pulse of national and global trends. We are actively involved with SLO CAL, the Central Coast Tourism Council and Visit California. Our award-winning, metric-driven work for Visit Arroyo Grande and other destinations includes cities, counties and regions. We are especially skilled at working with lesser known areas and pulling out the special qualities that drive visitors.
At Verdin, it’s always personal and hands-on. We strive to introduce fresh concepts and actively manage owned, earned and paid channels. Staying at the forefront of technology and emerging media to ensure we are offering our the best solutions to our clients is important to us.
Our mission is to help build strong communities through strategy, consensus and storytelling. We look forward to the opportunity to continue to put that mission to work for Visit Arroyo Grande.
Mary Verdin
President & Chief Strategy Officer
[email protected] | (805) 541-9005
3580 Sacramento Dr #110, San Luis Obispo, CA 93401
DBE Firm No. 42625 | CSDA Members
Finding new
opportunities to
expand awareness
of Arroyo Grande
as a destination for
quality time,
genuine character
and Central Coast
exploration.
3
Opportunities
Let’s Talk
About You
4
What we have accomplished together
Where we started
Since 2018, Verdin has worked alongside the Visit Arroyo Grande team to paint the picture of this Central Coast town steeped in California history and teeming with unique experiences for visitors and locals alike. With the goals of positioning AG as a travel destination, reaching new visitors and increasing overnight stays, our team began by building a strategic plan and creating a warm, charming and inviting brand identity. 5 “The professionalism,
enthusiasm, and attention
to detail of the Verdin is
amazing!”
Jocelyn Brennen
Former President | CEO,
South County Chambers of
Commerce
[email protected]
Before
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
This First Amendment (" First Amendment") to Consultant Services Agreement CSA") by and between the CITY OF ARROYO GRANDE (" City") and VERDIN MARKETING (" Consultant") is made and entered into this 12th day of May 2020.
WHEREAS, the parties entered into a CSA dated June 12, 2018, for tourism marketing services for the Arroyo Grande Tourism Business Improvement District AGTBID); and
WHEREAS, on May 29, 2019, pursuant to Section 1 of the CSA, the City extended the term of the. CSA for one ( 1) additional year; and
WHEREAS, the current CSA expires on June 30, 2020; and
WHEREAS,- the. parties desire to modify the CSA as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. Section 1 (" TERM") of the Agreement shall be modified in its entirety to read as follows:
This Agreement shall be extended and remain and continue in effect until June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.
2. Section 5 (" PAYMENT") of the Agreement shall be modified in its entirety to read as follows:
Consultant shall be paidfor actual work performed in accordance with Consultant's Proposal. However, the total compensation paid to Consultant shall not exceed $ 166; 500. per-year.
Consultant will invoice City no more than monthly. Invoice shall be sent to the Chamber of Commerce Executive Director. Each invoice will reference job orders, components, specific services, media costs, production costs, fees and material expense and sales tax where applicable. City shall mail payment to Consultant for the net amount of uncontested invoices no later than thirty ( 30) days after receipt of each invoice by the City. Any past due balances under this Agreement shall bear interest at the rate of 1. 5 percent per month ( 18. 0 percentage rate) on unpaid balances.
3. Except as modified herein, all other terms and conditions set forth in the CSA, as amended, shall remain unchanged.
ATTACHMENT 3
VERDIN MARKETING
AMENDMENT NO. 1
PAGE 2
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this First Amendment the day and year first above written.
CITY OF ARROYO GRANDE: VERDIN MARKETING:
ti
CAREN -t;' - USSOM, MAYOR MARY V . N, PRESIDENT
ATTEST:
wi.(11WO- LIZ---
KELLY ET ORE, CITY CLERK
APP AS TO FORM:
ZIA/'-%-
TIMOTHY J. CARMEL, CITY ATTORNEY
CITY OF
I' vcogoVO R
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A
CITY OF
w
RROY° GRANDE
il' '° " CALIFORNIA
May 29, 2019
Mary Verdin
Verdin Marketing
3580 Sacramento Dr., Suite 110
San Luis Obispo, CA 93401
Re: Mutual Consent to Extend Agreement Term
Dear Mary,
In follow- up to our correspondence regarding the Agreement for Contractor Services between Verdin Marketing and the City of Arroyo Grande, entered into as of June 12, 2018 and effective July 1, 2018, this serves to confirm that the parties mutually agree to extend the term of the Agreement for one ( 1) year, pursuant to Section 1 of the Agreement. Except to the extent necessary to give effect to the extension, the Agreement will otherwise remain unchanged and in full force and effect.
Sincerely,
Jessica Matson
Deputy City Clerk
ACKNOWLEDGEMENT:
CITY OF ARROYO GRANDE: VERDIN MARKETING:
Wegifia\
James Al1111. 1111. ity Manager Mary din, President
CITY MANAGER' S OFFICE • 300 E. Branch Street • Arroyo Grande, California 93420 Phone: ( 805) 473- 5400 • FAX: ( 805) 473- 0386 • E- mail: agcity@arroyogrande. org • Website: www.arroyogrande.org
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of June 12, 2018, between Verdin Marketing (" Consultant"), and the CITY OF ARROYO GRANDE, a Municipal Corporation City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2018 and shall remain and continue in effect until June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement. The City shall have the sole option to extend this Agreement for one ( 1) one ( 1) year option. If the City elects to exercise this option, it shall give written notice not later than three ( 3) months prior to the initial termination date. The terms and conditions of this Agreement shall be applicable during said extension option unless the parties mutually agree in writing upon any changes.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and provisions set forth in Exhibit " A", attached hereto and incorporated herein by this reference.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/ her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City Manager shall represent City in all matters pertaining to the administration of this Agreement. Mary Verdin, Verdin President, shall represent Consultant in all matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Exhibit " B", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the following events:
a) Bankruptcy or insolvency of any party;
b) Sale of Consultant' s business; or
c) Assignment of this Agreement by Consultant without the consent of City. d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
a) The Consultant' s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant' s control, and without fault or negligence of the Consultant, it shall not be considered a default.
b) If the City Manager or his/ her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten ( 10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Consultant shall:
a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant' s performance under this Agreement, or the conduct of the services under this Agreement; c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
d) Immediately report to the City' s Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement.
e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three ( 3) years after receipt of final payment.
b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant' s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
11. INDEMNIFICATION
a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney' s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subContractors or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement.
b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subContractors of Consultant.
c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section.
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit " C" attached hereto and incorporated herein as though set forth in full.
13. INDEPENDENT CONSULTANT
a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/ her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub- agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
16. RELEASE OF INFORMATION/ CONFLICTS OF INTEREST
a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/ or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, ( ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or ( iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Arroyo Grande
Jim Bergman
300 E. Branch Street
Arroyo Grande, CA 93420
To Consultant: Verdin Marketing
Mary Verdin
3580 Sacramento Dr., Suite 110
San Luis Obispo, CA 93401
18. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party' s own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City' s Request for Proposal, Exhibit" 0", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit " A", attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City' s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant' s proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate.
24. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/ she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF ARROYO GRANDE CONSULTANT
illk r1 \
i .
By: d" i By:
ti AI 11,:., x, . 4N/
Ja -' an, City Manager
Its: fitriht(A,Ovvk
Attest: Title)
A-LthiaktKelly - tm e, City Clerk
Approved As To Form:
H ther K. Whitham, City Attorney
EXHIBIT A
CONSULTANT' S PROPOSAL
PROPOSAL FOR MARKETING, COMMUNICATIONS,
WEBSITE MANAGEMENT AND SOCIAL MEDIA
PRESENTED TO THE CITY OF ARROYO GRANDE, CA
April 30, 2018
CA2THE CITY OF ARROYO GRANDE,
TABLE OF CONTENTS
Intro Letter 3
Let’s Talk About You 4
Proposed Budget 13
What We Do 15
Our Process 19
Case Studies 23
Work Samples 28
Who We Are 38
HELLO
WE ARE A BAND OF SPIRITED
STORYTELLERS IN SEARCH OF
BRANDS WITH PERSONALITY
AND POTENTIAL.
We’d love to work with you.
2018 by Verdin 3©
COOKIE CUTTER STRATEGIES DON’T DIFFERENTIATE DESTINATIONS.
Destination marketing is all about the right message to the right person at the right time. And that happens through customized strategy and dedicated effort.
At Verdin, we thrive on the challenge of identifying the unique and essential elements of a destination, and sharing them in a way that meets the desires of its target audiences.
Based on the Central Coast of California, Verdin is a full-service marketing agency established in 2003 that has grown to a national-award winning firm of 14 employees with clients throughout the state of California. As founder and president of the firm, I personally have more than 27 years’ experience in marketing and communications.
We’re a crackerjack team that’s dedicated to elevating clients to the next level.
Verdin is active with Visit California, Central Coast Tourism Council, Visit San Luis Obispo County, the Public Relations Society of America and the American Institute of Graphic Arts. We value the process of learning and exploring new ideas, and of giving back however we can. We’re also DBE ( Disadvantaged Business Enterprise) certified through the Department of Transportation.
Tourism is one of our two key industries, and we love tracking the twists, turns and trends of destination marketing. On page 22, you’ll find the proprietary approach that helps us develop tailored strategies for our destination clients.
We would love to be your branding partner, working with you to tell the unique story of Arroyo Grande. Thank you for this opportunity.
Sincerely,
Mary Verdin
President & Chief Strategy Officer
mary@verdinmarketing. com
Verdin Marketing Ink Co.
DBE Firm No. 42625
3580 Sacramento Dr. #110
San Luis Obispo, CA 93401
805) 541-9005
VERDi
J
LET’S TALK
ABOUT YOU
2018 by Verdin 5©
YOUR
STORY IS
WAITING
TO BE
TOLD
YOUR
STORY IS
WAITING
TO BE
TOLD
Arroyo Grande is a
special place, with a story
and a vibe all its own.
YOUR
STORY IS
WAITING
TO BE
TOLD
6 THE CITY OF ARROYO GRANDE, CA
Visiting Arroyo Grande doesn’t feel like being
ina stock photo. That’s why you seek creative
updates that better tell your story. You needa
marketing partner who thoroughly understands
your destination and what you offer – so that your
website, advertising and outreach strategies are
striking, memorable and authentic.
That’s how you’ll increase
tourism, lodging occupancy and
average daily room rates.
Verdin isa marketing partner that combines
global travel trends with firsthand local
knowledge. Two of our three partners live in
Arroyo Grande, and all of us on the Verdin team
have experienced the magic of strolling through
the Arroyo Grande Village ona brisk evening,
visiting history through museums and antique
shops, and driving through agriculture and
vineyards that feel likea storybook.
Ready to increase tourism to Arroyo Grande?
Read on to learn how we can developa
comprehensive marketing program that will
communicate your points of differentiation in
real and innovative ways.
2018 by Verdin 7©
Effective public relations is an integral part of any successful marketing mission. However, as news and information consumption shifts from the page to the pocket, the power of influence has shifted from large, established media organizations to savvy individuals and micro-media outlets. While traditional media outlets maintain their sway over segments within the key 35- to 54-year-old demographic, younger and more urban audiences of all ages now cite social media and digital tastemakers as strongly impacting decisions on what to buy, wear, say and do.
Using an integrative approach to public relations, we can maximize client visibility by creating a cohesive brand messaging across its traditional media relations efforts and its ever-evolving digital strategies.
PUBLIC RELATIONS
OPPORTUNITIES
INITIAL OPPORTUNITIES FOR ARROYO GRANDE
Identify traditional media and digital influencers from both local, drive markets and regional target markets covering topics that align with your personas’ interests and behaviors.
Look for opportunities with Visit California, CCTC and Visit SLO CAL for opportunities to collaborate on pitches to national travel outlets.
Engage in proactive media relations by distributing press releases and pitches with creative and strategic story angles that differentiate the Arroyo Grande experience.
Coordinate both individual media visits and group familiarization tours FAMs) to introduce travel writers to the unique offerings of Arroyo Grande through personalized itineraries.
Invite target bloggers and local media to attend and experience events for live coverage. Provide Facebook Live feeds and video footage for those unable to attend to expand coverage.
Be prepared with a strong reactive media relations plan so that you can evaluate incoming media requests and respond to partner opportunities.
8 THE CITY OF ARROYO GRANDE, CA
SOCIAL MEDIA
OPPORTUNITIES
INITIAL OPPORTUNITIES FOR ARROYO GRANDE
Tell stories with testimonials from the perspective of the locals and visitors who have to tell the unique story and clearly state the vision of Arroyo Grande.
Use video to tell the stories. Because video shared emotion so well, use it frequently. Film in locations in Arroyo Grande that are lesser known to show the unique personality that separates it from neighboring communities as well as the better known spots like the downtown shops and the Strawberry Festival to keep things familiar.
Share local stories on the blog that relate to the welcoming and historical side of Arroyo Grande.
Share local news coverage when media covers Arroyo Grande, its residents and locally owned businesses.
Create custom memes with quotes and surprising historical facts.
Expand on tagline with hashtags on Instagram.
Use contests and giveaways to promote events, grow the brand and gather photos assets.
Select two social media platforms and execute them well.
Shows faces of a diverse group of people who are represent the target audience you want to reach.
AND WHILE WE’RE AT IT – HERE ARE OUR RECOMMENDATIONS FOR ENHANCING YOUR EMAIL MARKETING.
Integrate e-blasts and e-newsletters with your website and blog.
Send triggered emails, which are sent out based on audience behaviors.
Separate and manage lists for targeting so that you can hand- pick which audiences receive which information from you.
Provide special access to deals and offers via email. Make people glad they signed up!
Enable registration for events and tours, so that people can easily navigate to sign up straight from the email they receive.
Promote activities based on interests.
A robust social media strategy adds a dimension of authenticity to your marketing campaigns.
Our social media strategy will complement and support the overall marketing strategy and will be built upon a thorough understanding of your brand and its strengths, weaknesses, pain points, audiences and goals. This strategy will help you connect and engage with your audience on each platform to build valuable relationships, create brand ambassadors and tell the story of your unique destination.
2018 by Verdin 9©
ADVERTISING & MEDIA BUYING OPPORTUNITIES
DIGITAL RESEARCH & CAPABILITIES
Verdin meets with the media on a regular basis, and
our clients reap the benefits of this relationship and
knowledge. We evaluate media options based on
objective data and research, and can assess reach,
frequency and gross rating points to determine the
best value for our clients’ budgets.
As the digital advertising world expands, Verdin
keeps on top of all channels and can determine
which technologies are best to meet a client’ s
goals. Regular research, study, conferences and
collaboration with technology partners gives our
clients access to the most sophisticated digital
strategies available. Our knowledge allows us
to quickly assess options and make strategic
recommendations.
Additionally, Verdin is proud to offer clients inhouse digital media buying. Lower costs, enhanced supervision, pinpointed strategies and improved
results are just a few of the many benefits of
bringing this capability in house. Our complete array
of digital buying services includes display and video
advertising, retargeting, behavioral targeting, geo
fencing, SEO, native and social advertising.
NEGOTIATING AND PLACEMENT EXPERIENCE
Verdin brings media buying power to clients.
Cumulatively, we represent large media spending
and are able to negotiate discounts and added- value
based on agency volume. We are educated buyers
who understand the media platforms’ specifics and
will provide strategic creative to most successfully
enhance each platform. Most clients who have
purchased media directly find they get more
exposure and better results for the same budget
using our services.
Many clients appreciate that Verdin’s media buying
service includes reconciliation of media invoices.
Each month, all media invoices are reviewed and
compared to what was ordered to ensure accuracy.
When inconsistencies are found, Verdin will contact
the media and secure the appropriate solution, by
either an adjustment on the invoice or “makegoods”
on the advertising that was missed or ran incorrectly.
BEYOND TARGET AUDIENCES
The Internet’ s ability to gather research on
consumers has evolved the way we think about
target audiences. At Verdin, we create personas,
which are in-depth composites of key segments of
the potential visitor market. Lifestyles, behaviors
and passions are key common denominators in
persona groups. Research shows that these common
denominators are more dependable rather than
simple age ranges, as behaviors and passions stay
with individuals regardless of where they fall in more
traditional age groups.
We keep these personas at the forefront of all efforts
as we strategize campaign ideas and work with our
clients to roll out integrated advertising campaigns.
10 THE CITY OF ARROYO GRANDE, CA
INITIAL OPPORTUNITIES FOR ARROYO GRANDE
Compliment traditional media platforms with digital and social media. As the media landscape becomes highly personalized and continually fragmented, an understanding of the intricacies of media buying and research is required to effectively reach the highest percentage of potential customers. The most successful advertising campaigns have significant crossover of media types and platforms, using digital and social media to complement traditional media.
Determine media mix percentages. Traditional media continues to demand a higher percentage of budgets than digital media to meet the same number of impressions. Based on customer feedback, a robust media plan should prioritize the most desirable target personas and match the media placement to their hobbies and lifestyles. Generally, tourism and tourism-related industries use approximately 60% of the total yearly budget on traditional media and 40% on digital, but this can vary dramatically if significantly older or younger customers are desired. With more information gathered through meeting with you and understanding your goals, we will recommend a strategic mix for Arroyo Grande.
Leverage partnerships. Verdin has well-established partnerships with media throughout California, as well key players in the national and international market, and see this as a potential opportunity for Arroyo Grande. We have had tremendous success integrating strategies with partners such as the Central Coast Tourism Council, Visit California and Brand USA. We are always on the lookout for opportunities for our clients to create strategic partnerships with vendors.
2018 by Verdin 11©
WEBSITE OPPORTUNITIES
These are exciting times! Through a beautiful and effective website to support outreach efforts, Arroyo Grande has the potential to reach more travelers than ever before.
Your ultimate goal is to increase lodging occupancy in Arroyo Grande, and that hinges on the strength of your website. Digital communications sends visitors to your site, which then has tremendous opportunity to confirm the desire to visit. Specific website features and content strongly influence this decision- making process. After an initial review of your site, here are a few important features we recommend.
INITIAL OPPORTUNITIES FOR ARROYO GRANDE
DESIGN AND CONTENT
Make it visually compelling. The first few seconds
are critically important during a website visit. Initially, a visitor just scans the site, so only a good design
can grab attention and lead him or her to important
information on the website.
Provide focused content. People visit websites for
information, so provide content that is well-organized
and focused on what your users are looking for.
Update frequently. Continually refresh content on
your site to keep users returning and to stay relevant
in search engine results. We see you’re interested in
adding a blog, which is an excellent way to keep fresh
content coming.
Add an email signup, just like you suggested in your
RFP.
12 THE CITY OF ARROYO GRANDE, CA
PHOTOS, VIDEOS AND MAPS
Show, don’t tell. Video and photos can quickly tell a
complete story of what a traveler can expect when visiting your destination. Remember that people are looking
for experiences, both emotional and experiential, when
planning travel.
Make it mobile and tablet friendly. More and more,
people are relying on mobile devices to access the internet.
Make sure your website appearance and loading times
accommodate the limitations of mobile devices.
Include weather updates or live video streaming
on homepage to highlight the key selling point of your
beautiful year-round weather.
Interactive maps are also a welcome addition as a lot of people will be interested in them.
WEB ANALYTICS AND SEARCH ENGINE RESULTS
Currently, your site ranks seventh when using the exact search terms “ visit Arroyo Grande” in Google, and
doesn’ t even make the first page in a search for “ Arroyo Grande California.”
Measure your website and website traffic performance
using one of many available tools. Information from these tools will give great insights which you can use to optimize your website, web traffic and ultimately your tourism
business lead generation.
Implement a strong SEO strategy. Search engines like
Google use an algorithm to calculate how useful your site is to visitors for the specific search terms they enter. Good SEO can repeatedly bring visitors to your site. When set up correctly, SEO provides the best return on investment and is the most cost effective action you can take to bring traffic to your site.
INITIAL OPPORTUNITIES FOR ARROYO GRANDE
2018 by Verdin 13 THE CITY OF ARROYO GRANDE, CA 13©
PROPOSED BUDGET
In these discovery and planning phases, Verdin will explore what makes Arroyo Grande a special destination for visitors, along with ensuring we understand your current challenges and goals to create an effective marketing strategy.
These phases will last one month, depending on schedules and meetings, and are proposed to include the following:
An intake session with the key stakeholders to gain insight and perspectives Creative brief development
Marketing and communications plan development, including:
Development of personas to represent target audiences
Positioning statement
Brand map
Key message points and strategy
PR strategy and calendar
Social media strategy and initial content calendar
Advertising strategy and campaign concept development
PHASE I: Explore & Envision $ 6,500
Billable hourly rates that
this budget is based on:
Principal/ Strategic: $ 168
VP/Account Supervision: $ 145
Art Direction: $ 145
Account Management: $ 138
PR Strategy: $ 138
Social Media Strategy: $ 128
Copywriting: $ 128
Graphic Design: $ 128
Account Support/ Production: $ 118
Clerical: $ 95
Travel: $ 68
14 THE CITY OF ARROYO GRANDE, CA
In these phases, the implementation of the Marketing and Communications Plan will take place.
Please note that the scope of this phase will need to be clearly defined following the approval of the Marketing Strategy. The scope can be specially tailored to budget limitations to deliver the best results.
These phases could include the following, anticipating a 11- month period (to follow Explore and Envision Phases):
Ongoing account management, meetings and reporting
Creative development, including:
Reactive creative
Photo or video asset development
Public relations management and coordination
Website updates
E-Newsletter management
Social media management
Contest prize coordination
Media planning
Advertising costs of $80,000
Contingency budget for co-op possibilities with Visit SLO CAL and the Central Coast Tourism Council
PHASE II: Execute & Enhance $ 188,500
TOTAL $ 195,000
18,000
28,000
4,000
2,500
15,000
3,000
6,600
18,400
2,000
6,000
80,000
5,000
WHAT WE DO
CA16THE CITY OF ARROYO GRANDE,
MARKETING & BRAND MANAGEMENT
Marketing Plans
Strategic Planning
Strategic Communications
Corporate Identity & Branding
Image Perception Assessment
Customer Relationship Management
ADVERTISING
Print, Broadcast and
Digital Creative Development
Media Strategies
Media Buying
PUBLIC RELATIONS SERVICES
Public Relations Strategies
Programs
Press Release & Story Generation
Online Release Distribution
White Paper Development & Publication
Cause- related Marketing
Internal Communications
Trade Show Booth Management
Crisis Communications
WEBSITE DEVELOPMENT
Site Plan
Writing, Design & Programming
Search Engine Optimization
Ongoing Maintenance
SOCIAL MEDIA & ONLINE MARKETING
Social Media Strategies
Management
Search Engine Marketing
Blogging & Podcasts
Mobile Marketing
OUR SERVICES
VERDIN BY THE NUMBERS
14 years in business
14 person team (and occasionally
a dog or two)
3¼ gallons of coffee consumed per day
plus an un-quantified amount of cold
brew from our fridge)
2 Key Industries:
Tourism and Nonprofits
3 Core Values:
Relationships Matter; Passion &
Purpose; Integrity. Period.
2018 by Verdin 17©
You know the impact of good PR.
In today’s over-saturated media landscape, stories
often struggle to break though. At Verdin, we provide
a strategic and comprehensive branding and media
relations program with creative and proactive story
development that’s as unique as you are. Our team
delivers results at the local and national level, built from our trusted relationships with members of the
media. We look forward to the possibility of working
with you to achieve the results you seek.
Our PR Services that could support
the City of Arroyo Grande:
Compelling brand storylines
Creative press release writing
Targeted and optimized press release distribution
Traditional media outreach
Event media coordination
Ongoing media visibility
Press tours
Reputation management and crisis communications
Media monitoring and reporting
PRSA
AWARDS
ADDY
AWARDS
PUBLIC RELATIONS
OU
18 THE CITY OF ARROYO GRANDE, CA
PRSA
AWARDS
MARCOM
AWARDS
SOCIAL MEDIA MEDIA BUYING SERVICES
Our Social Media Services that could
support the City of Arroyo Grande:
Social media audit
Competitive analysis
Custom social media marketing strategies
Tailored social media content calendars
Online brand management and monitoring
Implementation guidelines
Online video marketing campaigns
Social account design and development
One-on-one consultations
In-house training
Reporting and analysis
Our Advertising and Media Services that
could support the City of Arroyo Grande:
Campaign concepting and strategy
Creative development of digital print and video advertising Custom strategic media plans
Negotiation of competitive ad rates
Ad placement
Reconciliation of media invoices
Analysis of metrics and result reports
Research into ongoing new media opportunities
Verdin harnesses the power of social media to help clients reach their specific businesses goals. Our social media marketing encompasses strategic communications and innovative approaches to help increase message awareness, loyalty, supporter base and behavior change.
We offer a range of services from content recommendations to overall strategy and complete management and monitoring of your organization’ s pages. Verdin’s customized social strategies help clients reach their goals and maximize their online presence.
As the media landscape becomes highly personalized and fragmented, an understanding of the intricacies of media buying and research is required to reach the highest percentage of community engagement. The most successful campaigns have significant crossover of media types and platforms, using digital and social media to complement traditional media.
We are an objective third party that does not benefit from the purchase of one medium over another, so our client’s best interest is always driving decisions, and we have the big picture of all media being placed. We assign and monitor metrics and create client reports to measure success based on these metrics.
ADDY
AWARDS
OUR PROCESS
COMMUNICATIONS PROCESS
The Verdin 360 is our proprietary
process for withdrawing
the qualities that create
communication success for a
destination. It’s a tried and true
approach, but the results looks
different for every client. For
example, see pages 37–38 to see
examples of creative developed
for beach towns 15 minutes apart
that reached different audiences
in very different ways.
1. Explore
DISCOVER WHERE YOU ARE NOW.
We research and analyze the current perception of your
brand, competitors’ brands, and the overall industry
landscape. We identify the benefits that make you stand out.
2. Envision
PLAN WHERE YOU WANT TO BE
AND HOW TO GET THERE.
We set goals and define metrics to forge a path forward.
Through the information gathered in the Explore phase,
we develop a campaign customized to your goals.
3. Execute
BRING THE PLAN TO LIFE.
We implement the campaign and give your brand a consistent voice through visuals and messaging. All communications will be created within your brand guidelines.
4. Evaluate
MEASURE PERFORMANCE AND ADJUST AS NEEDED.
We perform ongoing monitoring to track metrics and make adjustments to reach goals.
5. Enhance
RECOGNIZE SUCCESS AND LEVERAGE FOR GROWTH.
We analyze campaign results, assess goals, and adapt the plan as needed. We constantly refine our strategies to stay on top of current trends.
20 THE CITY OF ARROYO GRANDE, CA
2018 by Verdin 21©
Brand Attributes
What are your unique
physical characteristics?
Functional
Benefits
What do these characteristics
do for the target audience?
Emotional Benefits
How will the target audience
feel when they interact with visit
Arroyo Grande brand?
BRAND MAP
Verdin’s Brand Map guides all
communication efforts moving forward to
ensure a consistent, effective brand and
message. Our Brand Map will incorporate
and evolve the brand elements already
established for Arroyo Grande, guiding
the development of assets that will work
together to support your destination’ s
position as a whole.
BRAND POSITIONING STATEMENT
A concise statement that captures the uniqueness of the brand in the hearts and minds of the target audience, used for internal guidance of all marketing efforts.
Brand Reputation
Current reputation and
perception of your brand
among consumers.
Brand Promise
The emotional component of your
brand; its promise!
BRAND EXPLANATION (INTERNAL STRATEGIC CHOICES)
BRAND EXPERIENCE ( EXTERNAL CONSUMER COMMUNICATIONS)
Bring your brand to life through different elements that make up the brand experience ( visuals, sounds, scents, etc.). Determine what we want our audiences to do/feel/say after exposure to our messages.
22 THE CITY OF ARROYO GRANDE, CA
SAMPLE REPORTING
t (805) 541- 9005 f (805) 541- 9007
3580 Sacramento Drive # 110, San Luis Obispo, CA 93401
VERDINMARKETING.COM
DEMOGRAPHICS
W E B A N A L Y T IC S 2 0 1 8 v . 2 01 7
WEBSITE TRAFFIC
Users: 14, 792 v. 7,059
New Users: 14,268 v. 6,928
Sessions: 16, 792 v. 7,859
Mobile Views: 13, 554
Desktop Views: 1,300
PPV ( Page Per Visit): 2.22
20%)
TOS ( Time on Site): 0:30 (- 61. 43)
ACQUISITION
Social: 6,095 v. 1,180
Direct: 4,473 v. 2,971
Organic: 2,339 v. 1, 516
Other: 1,348 v. 883
Referral: 538 v. 527
PAGE VIEWS
Homepage: 25, 163
Places to Stay: 1, 618
Events: 1, 207
Things to do: 967
GEOGRAPHIC REFERRALS
Los Angeles: 6,065
Riverside: 372
San Diego: 370
Santa Ana: 352
Rancho Cucamonga: 253
TOP REFERRING URLS
Facebook: 6,059
justjared. com: 32
visitcalifornia. com: 27
centralcoast- tourism. com: 25
track. stumblemail. net: 20
SUMMARY
This section would summarize the monthly results from a destination’ s website including explanations and notations of trends and other details. Below are sample stats and demographics for reference.
SAMPLE STAT SUMMARY REPORT
CLIENT
Date
This report would begin with a summary of the results including explanations and notations of trends and other details. Below are sample channels, platforms and stats for reference.
DIGITAL
CHANNEL CREATIVE IMPRESSIONS VIEWS CLICKS CTR
Facebook : 15 sec - General 398, 052 17, 823 @ 50% 8,316 2.73% Digital Video : 15 sec - Brand 128,955 46% comp. rate 138 0.11% AdWords N/ A 54,730 N/ A 1,911 3.49%
Travel Spike Brand video and Native 168, 795 3,667 954 0.58% Trip Advisor Millennial video & static 289, 389 N/ A 627 0.15% TOTAL LEISURE DIGITAL - IMPRESSIONS: 1,039,921 CLICKS: 11,946 AVG CTR: 1.41%
PRINT & OUTDOOR
PUB / PLATFORM READERSHIP / REACH LEADS
Airport Billboard 300, 000 N/ A
Travel 50 & Beyond Winter 115, 900 227
Yosemite National Park Previous Print 105
TOTAL PRINT/ OUTDOOR - IMPRESSIONS: 315,900 LEADS: 332
GRAND TOTAL
IMPRESSIONS: 1,355,821 CLICKS TO WEBSITE: 11,946 LEADS: 332 Regular research, study, conferences and collaboration with technology partners keeps Verdin on the forefront of technology and emerging media. Our in-house digital media buying capabilities mean our clients have access to the most sophisticated digital strategies available, and we have constant access to metrics that tell us how the work is performing. Our Media & Research Strategist tracks the performance of all online media in a live portal that enables us to assess campaign performance, provide detailed reports to clients, and make recommendations and adjustments on a day-by-day basis if needed.
During the execute and enhance phase, monthly reporting is essential to ensure that our efforts are effective. Below is a sample report.
1 ·.11111
CASE STUDIES
24 THE CITY OF ARROYO GRANDE, CA
VENTURA COUNTY COAST
MARCOM
PLATINUM
Brian Tucker | btucker@visitvvcoast. com | ( 805) 644-2500
2018 by Verdin 25©
How do you market four diverse locations as one experience? Conversely, how do you give equal attention to all participating locations in a collaborative tourism effort? Ventura County Coast was lacking nothing in regards to natural beauty and desirability, but was in need of careful strategy to position the right balance of diversity and cohesiveness. Our branding and messaging showcases this location as the treasure that it is, while communicating that its four distinct communities complement one another to create one enriching experience.
Goal: to increase visitors to Ventura, Oxnard, Camarillo and Port Hueneme.
OBJECTIVES
Create a new brand to position Ventura County Coast as a desirable, adventurous, and affordable travel destination.
Equally represent the four cities that compromise the association.
APPROACH
Worked with VCLA’s public relations agency to develop a cohesive strategy for all marketing communications.
Developed a new logo balancing all that Ventura County Coast represents.
Created brand guidelines and a color palette that reflects the region’ s experience.
Crafted a new positioning statement that clearly and succinctly presents the area.
Implemented the new brand in all marketing touch points, including a brand new website.
Created marketing messaging for both a leisure audience and B2B audience in “The Whole Point” ad campaign.
Developed library of new photography and video reflective of three identified target personas.
RESULTS
Marcom Platinum award for the new Ventura County Coast brand (highest honor in competition) and American Advertising silver award for first advertising campaign.
Incredible success in digital advertising for both leisure and meeting campaigns since launching.
Numbers from a recent report:
Facebook video ads garnered 377,837 impressions and saw a CTR of 3.00%, which is far above the industry standard. Actions on video (including shares, clicks and comments) totaled 51,906.
Digital video ads saw 3,915,329 impressions with 5,766 website clicks. 45% of viewers watched the spot to the end.
Travel Spike and Trip Advisor advertising had a combined total of 995,717 impressions and an average CTR of 0.56%.
26 THE CITY OF ARROYO GRANDE, CA
ATASCADERO TOURISM
ADDY
BRONZE
Amar Sohi | asohi@hieatascadero. org | ( 805) 462-0200
ISI~
SIMPLY GENUINE
2018 by Verdin 27©
Goal: to increase overnight stays for hotel and motel accommodations.
OBJECTIVES
Create and implement a new brand and marketing strategy to position Atascadero, CA as a desirable destination on the Central Coast.
Build Atascadero brand awareness and target new visitors to engage in programs and increase awareness.
APPROACH
Developed new branding which included a new logo, brand guidelines, and clear messaging.
Worked with Coraggio Group and assembled a marketing strategy that identified geographic and behavioral markets of millennials, families, boomers, couples and “ bleisure” ( business/ leisure) travelers.
Rolled out the new brand through advertising, social media, public relations, and e-marketing.
Created and launched four marketing campaigns, including “ California As It Used To Be,” The Un-Vacation,” and “ The 101 Road Trip” contest.
Began updating the visitatascadero. com website in July 2015, including a full website assessment, SEO and content enhancements, implementation of new branding and colors, updated restaurant listings, and a landing page for the Road Trip 101 contest.
RESULTS
38% total TOT increase from 2015 Fiscal Year to 2016 Fiscal Year (the first year we worked with this client).
In the first year of taking on the website, we saw 98, 737 visits to the site, a 176% increase from the same period in time from 2014–2015.
Marcom Gold Award for Visit Atascadero brochure and Bronze Addy Award for Visit Atascadero logo design. 61% increase in Facebook fans (3,398 to 5,471).
Facebook advertising in first year led to 1, 837, 460 total impressions and a 2. 96% CTR.
Pandora and Trip Advisor advertising in first year led to a combined total of 2,518,919 total impressions and an average 0.34% CTR.
When people think San Luis Obispo County, they think rolling vineyards and crashing waves.
They don’t think “Atascadero.” This inland town was struggling to obtain “ top of mind” space in comparison to its neighboring communities of San Luis Obispo, Paso Robles and Morro Bay. Our branding and advertising sheds light on the rural beauty, genuine hospitality and sweet simplicity that make Atascadero an integral part of any San Luis Obispo County getaway.