AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, APRIL 11, 2022, 6:00 PM
Next Resolution No .22-11
Next Ordinance No. 22-04
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
MOMENT OF SILENCE
FLAG SALUTE
ROLL CALL Council Members Anna Miller, Robert Robert, Daniel Rushing, Mayor Pro Tem Karen Bright, and Mayor Jeff Lee
CLOSED SESSION ANNOUNCEMENTS
On Monday, March 28, 2022 at 7:31 p.m., the Council met in Closed Session regarding the following item:
A. Public Employee Performance Evaluation - Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
At 8:07 p.m., Mayor Lee reconvened the meeting in open session with all Council Members present and announced there were no reportable actions.
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item. Written comments will be read out loud during the City Council meeting on the appropriate agenda item subject to the customary 3-minute time limit.
Agenda: Grover Beach City Council Meeting Page 2
Monday, April 11, 2022
CEREMONIAL CALENDAR
1. Proclamation for Sexual Assault Action Month
PRESENTATIONS
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
2. Minutes of the City Council Meeting on Monday, March 28, 2022. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
PUBLIC HEARING
3. Annual Master Fee Schedule Update – Finance Manager Munoz (Recommended Action: Adopt a Resolution updating the Citywide Master Fee Schedule approving cost increases based on the Consumer Price Index and other changes to become effective July 1, 2022.
4. Second Reading and Adoption of an Ordinance to Repeal and Replace Chapters 1, 2, and 4 of Article I (General Provisions), Repeal Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances) of Article III (Public Welfare, Morals and Conduct) and Sections 1309 through 1325 of Chapter 3 (Rules of Construction) of Article I, and Amend Section 1500 of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code – City Attorney Hale and Community Development Director Buckingham
(Recommended Action: Conduct a public hearing and second reading to adopt an Ordinance to repeal and replace Chapters 1, 2, and 4 of Article I, repeal Sections 3102.5 and 3103 of Chapter 1 of Article III, and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article I of the Grover Beach Municipal Code.)
ROLL CALL VOTE
REGULAR BUSINESS
5. Development Application 22-07 – Pre-Application Development Review of Proposed Mixed-Use Project at 402 West Grande Avenue (Applicant: Coastal Community Builders) – Community Development Director Buckingham and Senior Planner Castillo (Recommended Action: Receive a presentation on the preliminary project by the applicant and provide input to the developer in finalizing a development application for the project.)
Agenda: Grover Beach City Council Meeting Page 3
Monday, April 11, 2022
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Five Cities Fire Joint Powers Authority Jeff Lee (Alt: Daniel Rushing) South SLO County Sanitation District (SSLOCSD) Jeff Lee (Alt: Karen Bright) Air Pollution Control District (APCD) Karen Bright (Alt: Anna Miller) SLO Council of Governments /
SLO Regional Transit Authority (SLOCOG/SLORTA) Karen Bright (Alt: Anna Miller) South County Transit Committee Karen Bright (Alt: Anna Miller) Homeless Services Oversight Council (HSOC) Anna Miller (Alt: Jeff Lee) REACH SLO Advisory Commission Anna Miller (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Robert Robert (Alt: Staff) South County Chambers of Commerce Daniel Rushing (Alt: Karen Bright) Visit SLO CAL Advisory Committee Daniel Rushing (Alt: Anna Miller) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright)
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
None
ADJOURNMENT
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Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action.
Agenda: Grover Beach City Council Meeting Page 4
Monday, April 11, 2022
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Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 Addressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 Addressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING THE MONTH OF APRIL AS
“SEXUAL ASSAULT ACTION MONTH”
WHEREAS, Sexual Assault Action Month calls attention to the fact that sexual and intimate partner violence is widespread and impacts every person in Grover Beach; and WHEREAS, RISE and Stand Strong officially merged on July 1st, 2021 to form Lumina Alliance, an agency that serves survivors of sexual and intimate partner violence throughout all of San Luis Obispo County; and
WHEREAS, although progress has been made toward preventing and ending sexual violence and providing support to survivors and their families, important work remains to be done; there is a need to focus on the individualized needs of sexual violence survivors; and WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to sexual violence; and
WHEREAS, LUMINA ALLIANCE continues to provide a safe environment to those affected by sexual violence with crisis intervention, counseling, education, legal services, and emergency safe housing, with the help of dedicated volunteers and professionals; and WHEREAS, LUMINA ALLIANCE has provided services to more than 1874 people in the last year, including more than 8,027 collective nights provided for shelter clients, and provided more than 6,461 therapy sessions; and
WHEREAS, LUMINA ALLIANCE encourages the community to recognize our collective power to create a culture that simultaneously supports survivors and nurtures a world where everyone can live free from violence.
WHEREAS, the City of Grover Beach strongly supports the efforts of LUMINA ALLIANCE, how every segment of our society can work together to better address sexual violence, and how to help survivors connect with services; and
NOW, THEREFORE, BE IT RESOLVED that I, Jeff Lee, Mayor of the City of Grover Beach Grover Beach speaking on behalf of the entire City Council and the Citizens of Grover Beach, in recognition of the important work done by sexual violence programs, do hereby proclaim the month of April to be National Sexual Assault Action Month.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 11th day of April, 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 1
MINUTES
CITY COUNCIL MEETING
MONDAY, MARCH 28, 2022
CALL TO ORDER Mayor Lee called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
MOMENT OF SILENCE
FLAG SALUTE The flag salute was led by Caleb Franco who is 11 years old and in 6th grade at Fairgrove Elementary School.
ROLL CALL
City Council: Council Members Anna Miller, Robert Robert, Daniel Rushing, Mayor Pro Tem Bright, and Mayor Jeff Lee were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson, City Clerk Wendi Sims, Police Chief John Peters, Administrative Services Director Deanne Purcell, Community Development Director Bruce Buckingham, Public Works Director/City Engineer Greg Ray, and Parks & Recreation Program Director Kathy Petker, CIP Project Manager Erin Wiggin, and Deputy City Clerk Nicole Retana were also present.
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
1. Proclamation for Month of the Child was presented to Shannon Piementel from the San Luis Obispo County Office of Education and read by Mayor Pro Tem Bright.
The Mayor opened the floor to any member of the public for comment on the ceremonial item.
• Jamie Sănbōnmătsŭ
There was no one else who stepped forward to speak so Mayor Lee closed public comment.
PRESENTATIONS
None
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for Agenda Item No. 2
Minutes: City Council Meeting Page 2
Monday, March 28, 2022
comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda.
• Paulette Messenheimer
• Anthony Wayne Embree
There was no one else who stepped forward to speak so Mayor Lee closed public comment.
CONSENT AGENDA
It was motioned by Council Member Robert and seconded by Mayor Pro Tem Bright to approve Consent Agenda Item Nos. 2, 3, 4, 5, 6, 7, and 8 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, Mayor Pro Tem Bright and Mayor Lee
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
2. Treasurer’s Report for the Period February 1, through February 28, 2022.
Action: Approved the Treasurer’s Report as submitted.
3. Treasurer’s Report for the 2017 Streets Bond Account - $15,000,000 (Measure K14:
Grover Beach Street Rehabilitation; Safety Improvement Bond Measure) for the Period February 1, through February 28, 2022.
Action: Approved the Treasurer’s Report as submitted.
4. Minutes of the City Council Meeting on Monday, March 14, 2022.
Action: Approved the minutes as revised.
5. First Reading and Introduction of an Ordinance to Repeal and Replace Chapters 1, 2, and 4 of Article I, Repeal Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances) of Article III (Public Welfare, Morals, and Conduct) and Sections 1309 through 1325 of Chapter 3 (Rules of Construction) of Article I, and Amend Section 1500 of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code
Action: 1) Conducted first reading, by title only, and introduced Ordinance No. 22-03 to repeal and replace Chapters 1, 2, and 4 of Article I, repeal sections 3102.5 and 3103 of Chapter 1 of Article III, and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article I of the Grover Beach Municipal Code; and 2) Schedule second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.
ORDINANCE NO. 22-03: An Ordinance of the City Council of the City of Grover Beach Minutes: City Council Meeting Page 3
Monday, March 28, 2022
Repealing Chapter 1 (Adoption of Code), Chapter 2 (Penal Provisions) and Chapter 4 (Administrative Citations for Violation Of Code) of Article I (General Provisions) and Adding a New Chapter 1, 2 and 4 of Article I; Repealing Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances), of Article III (Public Welfare, Morals and Conduct) and Sections 1309 Through 1325 of Chapter 3 (Rules of Construction) of Article I; and Amending Section 1500, of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code
6. Agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services
Action: Adopted Resolution No. 22-10 authorizing the City Manager to enter a one-year agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services.
RESOLUTION NO. 22-10: A Resolution of the City Council of the City of Grover Beach, California Authorizing the City Manager to Enter a Contract for Cannabis Consulting Services with Hinderliter, de Llamas and Associates.
7. 2021 Annual Report of the Status and Progress in Implementation of the General Plan
Action: Received and filed the General Plan Annual Progress Report and directed staff to submit it to the State in accordance with statutory requirements.
8. COVID-19 Response Update
Action: Received an update on the countywide and City response to the COVID-19 pandemic.
PUBLIC HEARING
9. Second Reading and Adoption of an Ordinance to Add a New Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to Define Boundaries for District-Based City Council Elections
Mayor Lee read the title to the foregoing item, declared the Public Hearing open, and deferred to staff for a report.
Deputy City Manager Eriksson provided a brief PowerPoint presentation.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the mayor Closed the Public Hearing.
Action: It was motioned by Council Member Miller and seconded by Council Member Robert to Conduct a public hearing and second reading to adopt Ordinance No. 22-02 to Minutes: City Council Meeting Page 4
Monday, March 28, 2022
add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections. The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, Mayor Pro Tem Bright and Mayor Lee
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
ORDINANCE NO. 22-02: An Ordinance of the City Council of the City of Grover Beach, California Adding a New Chapter 3.2 (District-Based Elections) of Article II (Administration).
REGULAR BUSINESS
10. License Agreement with Radiate Holdco, LLC for Use of Communications Conduit for Citywide Fiber Optic Broadband Expansion
Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Deputy City Manager Eriksson referred to a PowerPoint presentation and introduced Jason Flowers and Jeff Buckingham from Astound Business Solutions, LLC who provided additional information to the Council.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Mayor Pro Tem Bright and seconded by Council Member Robert to Approve an Agreement with Radiate Holdco, LLC on behalf of itself and its affiliates and Astound Business Solutions, LLC and Digital West Networks, Inc., for an initial ten-year term for the City to provide a non-exclusive license to use shared conduit in common with the City and an exclusive license for Astound single-user conduit for citywide fiber optic broadband in exchange for payment of annual license fees to the City.
The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, Mayor Pro Tem Bright and Mayor Lee
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
11. FY 2023-27 Capital Improvement Program Overview and Direction Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Minutes: City Council Meeting Page 5
Monday, March 28, 2022
CIP Project Manager Wiggin referred to a PowerPoint presentation and gave a detailed account of the completed and upcoming CIP Projects.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: Received information on the draft Fiscal Year 2023-27 Capital Improvement Program (CIP) and provided direction to staff to finalize the CIP in conjunction with the FY2022-23 budget.
COUNCIL COMMITTEE REPORTS
Council Member Miller spoke on the Homeless Services Oversight Council (HSOC).
Council Member Rushing gave an update from the Zone Three Advisory Meeting.
COUNCIL COMMUNICATIONS
Council Member Rushing gave a reminder to all to continue to conserve water during this critical time.
Mayor Lee received an outreach from the Grover Beach Elementary “Golden Gophers” PTA inviting everyone to Spirit Night at Station Grill on Wednesday, April 6th from 3:00 p.m. to 8:00 p.m. He also wanted to give a reminder that this year is campaign season and to be mindful of where you place your campaign signs in support of your candidates and not to place them in the City’s right-of-way
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson informed the Council that he will be out next week attending the Federal Emergency Management Agency (FEMA) Integrated Emergency Management Course:
Community Specific at the National Emergency Training Center in Emmitsburg, Maryland with Police Chief Peters and Public Works Director/City Engineer Ray being offered though a Federally Funded Grant.
CITY ATTORNEY’S REPORTS AND COMMENTS
None
CLOSED SESSION
At 7:31 p.m., the Council met in Closed Session regarding the following item(s):
Minutes: City Council Meeting Page 6
Monday, March 28, 2022
A. Public Employee Performance Evaluation - Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
Closed Session Announcements: At 8:07 p.m., Mayor Lee reconvened the meeting in open session with all Council Members present and announced there were no reportable actions.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 8:08 p.m.
_____________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 3
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 11, 2022 FROM: Matthew Bronson City Manager
PREPARED BY: Annette Munoz, Finance Manager
SUBJECT: Annual Master Fee Schedule Update
RECOMMENDATION
Adopt a Resolution updating the Citywide Master Fee Schedule approving cost increases based on the Consumer Price Index and other changes to become effective July 1, 2022
BACKGROUND
The Citywide Master Fee Schedule (Schedule) summarizes all fees the City charges for various services and permits, such as building permits and recreational classes. This schedule ensures transparency and consistency in the fees charged for services to provide cost-recovery to the General Fund. The fees are developed based on the cost to the City to provide the service or on the impact the activity has on the City or its property. Adjusting the fees in accordance with the Consumer Price Index (CPI) ensures sufficient cost-recovery for the City. The adjustment requested for the Schedule is based on the CPI for Los Angeles-Long Beach-Anaheim, CA which had an increase of 3.832% for the year ending on December 31, 2021. A water and sewer rate study was completed for a five-year period beginning July 1, 2021 with the Proposition 218 process resulting in a rate structure adopted at the May 10, 2021 Council meeting.
Additionally, the City has some fees which are pass-thru fees from other agencies and only updated when the pass-thru agencies change their fees. One such agency is the South San Luis Obispo County Sanitation District which provides wastewater treatment to Grover Beach residents and businesses. The Sanitation District fees last increased effective July 1, 2019, with no other changes to date.
Building Permit Fees
At the February 28, 2022 Council meeting, Council approved Resolution 22-06 amending the current Master Fee Schedule to update Building Permit Fees which will take effect May 1, 2022.
The new Building Permit Fees are included in this version of the Master Fee Schedule and are not applicable to the 3.832% CPI increase.
Cannabis Audit Fees
The City consults with Hinderliter de Llamas (HdL) for cannabis audit services. HdL audits all cannabis businesses annually to confirm that the cannabis tax received by the City is reported correctly. The contract with HdL was renewed by the Council on March 28,2022, as a result the audit fees have increased from $6,000 to $7,500.
Staff Report: Annual Master Fee Schedule Update Page 3
April 11, 2022
Cannabis Regulatory Fees
The annual cannabis regulatory fee covers the City’s costs for monitoring and oversight of the operating cannabis businesses in the city. The current fees are as follows:
Retail & Manufacturing $20,000
Cultivation $15,000
Distribution $10,000
Testing Laboratory $ 5,000
Based on three years of operating experience and applicable costs, staff is proposing a reduction to the retail and manufacturing regulatory fee from $20,000 to $15,000. In addition, staff recommends the regulatory fee for cannabis testing laboratories increase from $5,000 to $10,000.
Although the City’s first testing laboratory opened last month, staff has found that the minimum time spent has not varied significantly based on the type of cannabis operation except for retail and manufacturing. As a result of the revisions, the regulatory fee would be either $10,000 or $15,000 per business for greater consistency among cannabis businesses.
Development Impact Fees (DIFs)
The City’s Development Impact Fees need to be updated and staff anticipates completing this update next fiscal year. The recently updated Housing Element includes a program to update DIFs to index fees based on the size of the unit which would provide lower fees for smaller units.
Parks and Recreation Fees
Staff is recommending updating the fees for the Parks and Recreation Department based on current market demand and other South County local agency rates to stay competitive. Some fees have been adjusted by the CPI, others have maintained the status quo or had a slight increase but all have stayed at or below the CPI of 3.832%.
FISCAL IMPACT
The fiscal impact to the General Fund is estimated to be an increase in revenue between $20,000 and $25,000 depending upon the level of activity for the related services during FY 2022-23. The revenue increase to the Water Fund is estimated to increase revenue by approximately $100,000 and the Wastewater Fund is estimated to increase revenue by approximately $20,000. Estimates for other funds are expected to be minimal.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt a Resolution updating the fee increases to the Master Fee Schedule; or
2. Do not adopt the Resolution.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution updating the Master Fee Schedule, including Exhibit A – City of Grover Beach Master Fee Schedule.
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AMENDING THE MASTER FEE SCHEDULE
WHEREAS, the City Council of the City of Grover Beach finds annual adjustments necessary to the Master Fee Schedule; and
WHEREAS, on the City Council also finds adjustments to certain current fees based on a CPI of 3.832% for Los Angeles-Long Beach-Anaheim, CA as of year ended December 31, 2021 and other cost changes in certain areas are necessary to achieve full cost recovery for City services; and
WHEAREAS, the Council consents to change the fees for Parks and Recreation using a combination of current market demand, other South County local agency rates and the CPI of
3.832%.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH:
THAT the Master Fee Schedule be amended as set forth in Exhibit “A” attached to this Resolution;
THAT the fees listed in Exhibit “A” of this Resolution shall become effective July 1, 2022, except Building Permit Fees, which will take effect on May 1, 2022.
On motion by Council, seconded by Council, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
the following Resolution was PASSED, APPROVED, and ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this April 11, 2022. _____________________________
JEFF LEE, MAYOR
ATTEST:
_______________________________
WENDI SIMS, CITY CLERK
Attachment 1
**DRAFT**
Building Permit Fees
Effective: May 1, 2022
City of Grover Beach
Master Fee Schedule
Effective July 1, 2022
Exhibit A
FY 2022-2023
General Government Fees ………………………………………………………………………………………1 Utility Fees ……………………………...………………………………………………………………………… 2 Planning Division Fees ……………………..……………………………………………………………………6 Fines & Penalties.………………..…………………………………………………………………………………8 Building Division Fees ……………………………………………………………………………………………9 Development Impact Fees ………………………………………………………………………………………19 Public Works Fees …………………………………………………………………………………………………21 Parks & Recreation Fees …………………………………………………………………………………………23 Police Department Fees …………………………………………………………………………………………28 Commercial Cannabis Regulatory Fees…..... ………………………………………………………………. 31 Pass Through Fees ………………………………………………………………………………………………32 Waste Connections ………………………………………………………………………………………………34 Legistlative History ………………………………………………………………………………………………36 Fee Description & Unit/Time Effective 7/1/22
Administrative Hearing Fee $ 210.00
Fireworks Stand Permit (GBMC 3990) $ 882.00
Franchise Fees
Refuse Collection:
$ 10,000.00
(GBMC Section 5413 (H))
Contract Execution - Amount of Cash or Surety Bond $ 2,500.00 (GBMC Section 5413(B))
Charter Communications Cable (TV gross revenues) 5%
Municipal Election Filing Fees
Candidate Statements (Deposit) $ 280.00
Nomination papers for each candidate for elective office $ 25.00 (GBMC Section 2302 and Set by State Statute)
$ 200.00
Miscellaneous
Annual Agenda Subscriptions $ 75.00
Copy cost (per page)
8 1/2" x 11" or 8 1/2" x 14" $ 0.23
11" x 17" $ 0.24
Copy of FPPC Forms per page (GC 81008) $ 0.10
(Campaign Statements and Form 700's)
Late Fee for filing Statement of Economic Interest (FPPC) $ 10.00 (Per Day, Set by State Statute)
Retrieval fee for statements 5 or more years old (GC 81008) $5.00 Per Request Notary Fee (Set by State Statute) $ 15.00
Records Certification $ 24.00
Solicitation - Certificate of Registration
$ 239.00
Charitable Organization Use (not restricted to residences) No Fee (GBMC Section 3132)
Tapes
Audio/Video CD (Citizen provides blank writable CD's) $ 16.00 Taxi Company Establishment $ 617.00
$ -
$ Taxi Company Rate Change Request $ 340.00
$ -
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
City Management Department
Notice of Intent to Circulate Ballot Initiative (Set by State Statute) (EC9202)
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Commercial Use at any Residence (GBMC Section 3141) Solicitation Certificate must be obtained for each person who will be representing the business.
Plus deposit for Public Hearing Notice expenses. Deposit to be determined by the City Clerk
Plus deposit for Public Hearing Notice expenses. Deposit to be determined by the City Clerk
Bid Process - Surety Bond which accompanies a bid for refuse franchise agreement
+ DOJ and City Fingerprinting costs associated with solicitation permit.
Effective: 7/1/22 Page 1
Fee Description & Unit/Time Effective 7/1/22
Hydrant Meter Set-up Fee $ 130.00
Miscellaneous
Budget $ 47.00
Audit $ 38.00
South San Luis Obispo County Sanitation District Charge (Monthly) Please see Pass Thru to Other Agency Page
Storm Water Utility Fee (Monthly) $ 4.85
Utility Account Fees
Account Name/Data Change $ 36.00
Broken Lock Fee $ 52.00
Data Logging of a Utility Meter $ 111.00
$ 21.00
$ 310.00
Late Fees (Accounts paid after original invoice due date) 10% or $10 whichever is higher
On-line Credit Card Convenience Fee $ 4.00
Pull & Test Meter Fee $ 219.00
(If meter is bad the fee is refunded)
Pulled Meter Fee (Usage on an off meter) $ 111.00
Reconnection Fee $ 92.00
Reconnection Fee - After Hours $ 331.00
$ 138.00
Returned Check/Item Fee (First Check) (California Civil Code 1719) $ 26.00 $ 36.00
Set-up Fee for Water & Wastewater Customers $ 110.00
Set-up Fee for Property Owners with multiple rentals $ 31.00 (For each rental put back in property owner's name)
$ 64.00
Tenant Deposit $ 259.00
Business Tax Certificate per square feet per Ord 18-07
1-1,000sq ft sq $ 60.00
1,001-2,000 sq $ 125.00
2,001-5,000 sq $ 200.00
5,001-10,000 sq $ 350.00
10,001-20,000 sq $ 500.00
20,001-40,000 sq $ 650.00
40,001-60,000 sq $ 800.00
60,000sq ft and up $ 950.00
State mandated ADA Fee added to all Business Tax Certificates per $ 4.00 AB 1379 eff 1/1/18 - 12/31/23
A deposit may be required by the City.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
ADMINISTRATIVE SERVICES DEPARTMENT
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials.
Door Notice Fee - (Example: 48 Hour Shut-off Notice and Notification of Emergency Turn-on Fee - (After Hours call out 4:00 pm to 10:00 am) Reconnection Fee - Unauthorized (Reconnected by Non-City personnel) Returned Check/Item Fee (Subsequent Check) (California Civil Code 1719) Temporary Service for Home Inspection - Only used when Public Works is standing by for fifteen minutes or less. No water registered through meter. If water is registered though meter, requestor will be required to apply for service and will be billed accordingly.
Effective: 7/1/22 Page 2
Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
ADMINISTRATIVE SERVICES DEPARTMENT
Business Tax Certificate Late Penalty
Payment received after January 1st, a 10% penalty on the delinquent Business tax amount will be applied.
Payrment received after February 1st, a 25% penalty on the delinquent Business tax amount will applied.
Payment received after March 1st, a 25% penalty on the delinquent Business tax amount will be applied, in addition, interest at the rate of 3/4 of one percent per month, or fraction thereof, shall be paid on the amount of the Business Tax (GBMC Section 10210 (D)
Effective: 7/1/22 Page 3
July 1 2021 July 1 2022 July 1 2023 July 1 2024 July 1 2025 Wastewater Rates (Monthly)
Boarding house (per unit) $ 14.93 $ 15.23 $ 15.54 $ 15.85 $ 16.16 Plus per bedroom charge $ 9.61 $ 9.80 $ 10.00 $ 10.20 $ 10.40 Car washes & Laundromats minimum charge $ 5.95 $ 6.07 $ 6.19 $ 6.31 $ 6.44 Per 100 cubic feet above minimum $ 1.95 $ 1.99 $ 2.03 $ 2.07 $ 2.11 Church $ 14.47 $ 14.76 $ 15.06 $ 15.36 $ 15.64
Plus per parsonage or dwelling unit $ 12.32 $ 12.57 $ 12.82 $ 13.08 $ 13.34 Commercial establishment (Public Place) (Up to 5 Fixtures) $ 14.45 $ 14.74 $ 15.04 $ 15.34 $ 15.64 Each additional fixture $ 3.96 $ 4.04 $ 4.12 $ 4.20 $ 4.28 Factories, industrial plants, with 20 or less employees $ 9.73 $ 9.93 $ 10.12 $ 10.33 $ 10.53 Each additional employee over 20 $ 1.11 $ 1.13 $ 1.16 $ 1.18 $ 1.20 Hotel, motel, auto court or lodge (per unit) $ 14.85 $ 15.15 $ 15.45 $ 15.76 $ 16.08 Mobile home (per space) $ 12.32 $ 12.57 $ 12.82 $ 13.08 $ 13.34 Restaurants minimum charge $ 2.06 $ 2.10 $ 2.14 $ 2.19 $ 2.23 Per 100 cubic feet against minimum $ 3.96 $ 4.04 $ 4.12 $ 4.20 $ 4.28 Schools minimum annual charge per ADA and employees $ 3.18 $ 3.25 $ 3.31 $ 3.38 $ 3.44 Schools with Cafeterias additional
Per ADA and employees $ 1.33 $ 1.35 $ 1.38 $ 1.41 $ 1.44 Single-Family dwelling unit $ 12.32 $ 12.57 $ 12.82 $ 13.08 $ 13.34 Theater, clubhouse or place of amusement $ 14.45 $ 14.74 $ 15.04 $ 15.34 $ 15.64 Travel trailer and recreation vehicle space $ 6.34 $ 6.47 $ 6.60 $ 6.73 $ 6.87 Multi-Family, Two or more dwellings (per unit) $ 12.32 $ 12.57 $ 12.82 $ 13.08 $ 13.34 Plus Per Each coin-operated washer $ 2.69 $ 2.75 $ 2.80 $ 2.86 $ 2.91 $ 0.39 $ 0.40 $ 0.40 $ 0.41 $ 0.42
Storm Water Fee (monthly) $ 4.85 $ 4.85 $ 4.85 $ 4.85 $ 4.85 Excess Discharge per 100 cubic feet (3,000 Cubic Feet
per GBMC 7182)
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
ADMINISTRATIVE SERVICES DEPARTMENT
Rates Effective
Description
Higher rate where heavy discharge or character of wastewater discharge warrants
Effective: 7/1/22 Page 4
July 1 2021 July 1 2022 July 1 2023 July 1 2024 July 1 2025 Water Rates (Monthly)
Residential Base Charges
5/8" - Meter $ 15.68 $ 15.99 $ 16.47 $ 17.13 $ 17.82
3/4" - Meter $ 15.68 $ 15.99 $ 16.47 $ 17.13 $ 17.82
1.0" - Meter $ 15.68 $ 15.99 $ 16.47 $ 17.13 $ 17.82
1.5" - Meter $ 52.21 $ 53.25 $ 54.85 $ 57.05 $ 59.33
2.0" - Meter $ 83.57 $ 85.24 $ 87.80 $ 91.31 $ 94.96
3.0" - Meter $ 167.15 $ 170.49 $ 175.61 $ 182.63 $ 189.94
4.0" - Meter $ 261.33 $ 266.56 $ 274.55 $ 285.54 $ 296.96 Residential Volume, in addition to Base Charge (per 100 Cubic Feet):
0-1,000 CF $ 2.84 $ 2.90 $ 2.99 $ 3.11 $ 3.23
1,000 to 2,200 CF $ 5.87 $ 5.99 $ 6.17 $ 6.42 $ 6.68
>2,200 CF $ 8.47 $ 8.64 $ 8.90 $ 9.25 $ 9.62
Non-Residential Base Charges
5/8" - Meter $ 15.68 $ 15.99 $ 16.47 $ 17.13 $ 17.82
3/4" - Meter $ 23.52 $ 23.99 $ 24.71 $ 25.70 $ 26.73
1.0" - Meter $ 26.19 $ 26.71 $ 27.52 $ 28.62 $ 29.76
1.5" - Meter $ 52.21 $ 53.25 $ 54.85 $ 57.05 $ 59.33
2.0" - Meter $ 83.57 $ 85.24 $ 87.80 $ 91.31 $ 94.96
3.0" - Meter $ 167.15 $ 170.49 $ 175.61 $ 182.63 $ 189.94
4.0" - Meter $ 261.33 $ 266.56 $ 274.55 $ 285.54 $ 296.96 Landscape Volume, in addition to Base Charge (per 100 Cubic Feet):
All Usage $ 6.40 $ 6.52 $ 6.72 $ 6.99 $ 7.27
All Other Volume, in addition to Base Charge (per 100 Cubic Feet):
All Usage $ 6.16 $ 6.28 $ 6.47 $ 6.73 $ 7.00
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
ADMINISTRATIVE SERVICES DEPARTMENT
Rates Effective
Description
Effective: 7/1/22 Page 5
Fee Description & Unit/Time Effective 7/1/22
PLANNING DIVISION
Appeal to Planning Commission or City Council $ 300.00
Home Occupation Permit $ 78.00
Code Interpretation $ 562.00
$ 336.00
$ 1,122.00
Occupied $ 273.00
Non-Owner - Occupied $ 326.00
Occupied $ 218.00
Non-Owner - Occupied $ 218.00
Temporary Use Permit
$ 103.00
$ 219.00
$ 300.00
Administrative Use Permit $ 750.00
Coastal Development Permit $ 300.00
Commercial Cannabis Permit (New or Renewal) $ 500.00
Deposit
Development Permit
Residential
Single Family $ 2,000.00
Multi Family $ 1,500.00
$ 2,500.00
Note: Applicant shall be required to provide the necessary information and plans to the Community Development Department if an appeal is filed.
Pre-application Review Meeting
Minor Project
Major Project
Administrative Development Permit
Non Residential (Commercial, Industrial, Mixed Use or Live Work) Development Permit Applications (continued)
The following amounts are DEPOSITS and reflect the minimum estimated costs for processing the "typical" development permit application. The Community Development Department may increase or decrease the deposit amount depending on the complexity of the project. If at any time during the development review process deposits are insufficient to cover the cost of processing the application, the City shall cease processing until additional funds are submitted.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
Development Permit Applications
The following amounts listed are DEPOSITS
Short-Term Rental Permit - New
Short-Term Rental Permit - New OwnerShort-Term Rental Permit - New OwnerMinor - Parking lot sales, Grand Openings and similar events as determined by the Community Development Director
Major - Seasonal Sales or similar events as determined by the Community Development Director
Short-Term Rental Permit - Renewal
Short-Term Rental Permit - New OwnerShort-Term Rental Permit - New OwnerEffective: 7/1/22 Page 6 Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
$ 5,000.00
Negative Declaration (Outsourced) Consultant Contract
+ staff time
Mitigated Negative Declaration (In House) $ 5,000.00
Mitigated Negative Declaration (Outsourced) Consultant Contract + staff time
Environmental Impact Report (Outsourced) Consultant Contract + staff time
(Consulting Contract will be known prior to amounts being deposited) $ 4,000.00
Sign Program $ 1,000.00
Subdivision Maps
Final Map Approval $ 2,500.00
Lot Line Adjustment, Lot Merger, Certificate of Compliance $ 1,000.00 Tentative Parcel Map $ 1,500.00
Tentative Tract Map $ 2,500.00
Time Extension $ 700.00
Use Permit
$ 1,000.00
$ 2,500.00
$ 4,000.00
$ 10,000.00
Variance $ 1,000.00
Deposits may be adjusted, based on the project, as determined by the Community Development Director Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Proposed use within a new structure.
Proposed use within an existing structure.
Proposed Cannabis use within a new structure.
Proposed Cannabis use within an existing structure.
Amendments to General Plan, Municipal Code or Local Coastal Program Environmental Review (Does not include California Department of Fish and Wildlife Fees)
Negative Declaration (In House)
Effective: 7/1/22 Page 7
Fee Description & Unit/Time Effective 7/1/22
Penalties
Administrative Citations for Infraction
First violation $ 100.00
Second occurrence of the same violation within a 12 month period $ 200.00 Third occurrence of the same violation within a 12 month period $ 500.00 Administrative Citations for Misdemeanors
First violation $ 500.00
Second occurrence of the same violation within a 12 month period $ 750.00 Third occurrence of the same violation within a rolling 12 month period $ 1,000.00 Administrative Citations for Misdemeanors - Short-Term Rentals First violation $ 500.00
Second violation within a 24 month period $ 750.00
Third violation within a 24 month period $ 1,000.00
Fines - Misdemeanors
Infractions
First violation $ 100.00
Second occurrence of the same violation within a 12 month period $ 200.00 Third occurrence of the same violation within a 12 month period $ 500.00 Misdemeanors for Short-Term Rentals
First violation for conviction of an offense $ 500.00
Second conviction within a 24 month period $ 750.00
Third conviction within a 24 month period $ 1,000.00
Misdemeanors - All others Up to $ 1,000.00
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PENALTIES & FINES
Effective: 7/1/22 Page 8
BUILDING DIVISION Effective 5/1/22 ADOPTED
A.
Activity Description Fee Charge Basis Note
1 HVAC - per unit
a) Change-out (same location) $ 81 per unit [a]
b) New $ 175 per unit [a]
2 Electric Car Charging $ 141 per permit [a]
3 Graywater System
a) No Plan Check Required $ 81 per permit [a]
b) Plan Check Required $ 175 per permit [a]
4 Insulation/Energy Upgrade $ 81 per permit [a]
5 Residential Solar Photovoltaic System - Solar Permit
a) 15kW or less $ 175 per permit [a]
b) Above 15kW - per kW $ 15 per permit
6 Commercial Solar Photovoltaic System - Solar Permit
a) 50kW or less $ 1,000 per permit
b) 50kW - 250kW - Base $ 1,000 per permit
c) 50kW - 250kW - per kW above 50kW $ 7 per permit
d) Above 250kW - Base $ 2,400 per permit
e) Above 250kW - per kW above 250kW $ 5 per permit
7 Service Panel Upgrade $ 77 per permit
8 Water Heater Change-out (same location) $ 54 per unit [a] 9 Water Heater Change-out (new location) $ 81 per unit
# Line Repair - Sewer / Water / Gas $ 77 per permit
# Line Repair / Repipe $ 115 per permit
# Re-Roof
a) Up to 2,000 SF (roof area) $ 154 per permit
b) Each Add'l 1,000 SF or fraction thereof 77 per permit
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
2/28/2022
Fees for Commonly Requested Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees. Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees are shown in Sections F and G.
Effective: 5/1/22 Page 9
A. Fees for Commonly Requested Building Permit Types (continued) Activity Description Fee Charge Basis Note
# Demolition $ 77
# Temporary Power Pole $ 38 per permit [b]
# Swimming Pool/Spa
a) Swimming Pool/Spa $ 865 per permit
b) Detached Spa/Water Feature $ 250 per permit
c) Gunite Alteration $ 308 per permit
d) Equipment Change-out Only (e.g. pump) $ 154 per permit # Patio
a) Patio without M, E, P
i) up to 200 SF $ 212 per permit
ii) Greater than 200 SF $ 298 per permit
b) Patio with M, E, P
i) up to 200 SF $ 423 per permit
ii) Greater than 200 SF $ 500 per permit
# Window / Sliding Glass Door (New or Alteration)
a) Up to 5 $ 260 per permit [c]
b) Each additional $ 63 per permit [c]
# Signs
a) Wall Sign $ 87 per sign
b) Wall Sign Illuminated $ 115 per sign
c) Monument Sign $ 173 per sign
d) Monument Sign Illuminated $ 231 per sign
# Storage Racks
a) First 100 LF $ 346 per permit
b) Each additional 100 LF $ 16 per permit
[a] Fees have been reduced by 30% for single family residential to encourage energy savings improvements. [b] Fee applies if temporary power pole permit is requested separate from main building permit. [c] Permits required for new or alteration of windows and sliding glass doors. No permit required for retrofit windows and sliding glass doors.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
Effective: 5/1/22 Page 10
B.
Residential New Construction and Room Additions
Occupancy Classification Threshold
SqFt
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof
Note
1 100 $ 576 $ - $ 1,078 $ - $ 1,654 $ -
200 $ 576 $ - $ 1,232 $ - $ 1,808 $ -
300 $ 576 $ - $ 1,309 $ - $ 1,885 $ -
400 $ 672 $ - $ 1,386 $ - $ 2,058 $ -
500 $ 768 $ 38 $ 1,463 $ 77 $ 2,231 $ 115
1,000 $ 960 $ 38 $ 1,848 $ 62 $ 2,808 $ 100
1,500 $ 1,152 $ 77 $ 2,156 $ 62 $ 3,308 $ 139
2,000 $ 1,536 $ 77 $ 2,464 $ 123 $ 4,000 $ 200
2,500 $ 1,920 $ 77 $ 3,080 $ 123 $ 5,000 $ 200
3,000 $ 2,304 $ 38 $ 3,696 $ 62 $ 6,000 $ 100
4,000 $ 2,688 $ 29 $ 4,312 $ 46 $ 7,000 $ 75
2 Electrical Plan Review and
Permitting, if Required
3 Mechanical Plan Review and
Permitting, if Required
4 Plumbing Plan Review and
Permitting, if Required
5 Production Phase Units /
Identical Buildings / Duplicate
Stock
[a]
[a] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time. * Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees. 10% of Base Plan
Review Fee for Master
Unit
11% of Base Permit
Inspection Fee
10% of Plan Review;
100% of Base Permit
Inspection Fee
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees. Fees shown in this section include permit inspection and plan review fees for new construction, improvements and alterations. Additional fees apply for permit processing, and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees are shown in Section F and Section G.
R3 - Single-Family, Duplex,
Additional Dwelling Units
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Effective: 5/1/22 Page 11
B.
Residential Remodels with Structural Improvements
Occupancy Classification Threshold
SqFt
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof
Note
1 100 $384 $0 $693 $0 $1,077 $0
200 $432 $0 $886 $0 $1,318 $0
300 $480 $0 $1,040 $0 $1,520 $0
400 $528 $0 $1,155 $0 $1,683 $0
500 $624 $19 $1,271 $54 $1,895 $73
1,000 $720 $29 $1,540 $15 $2,260 $44
1,500 $864 $58 $1,617 $46 $2,481 $104
2,000 $1,152 $58 $1,848 $92 $3,000 $150
2,500 $1,440 $58 $2,310 $92 $3,750 $150
3,000 $1,728 $29 $2,772 $46 $4,500 $75
4,000 $2,016 $22 $3,234 $35 $5,250 $57
2 Electrical Plan Review and
Permitting, if Required
3 Mechanical Plan Review and
Permitting, if Required
4 Plumbing Plan Review and
Permitting, if Required
5 Production Phase Units /
Identical Buildings / Duplicate
Stock
[a]
[a] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time. * Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
10% of Base Plan
Review Fee for Master
Unit
11% of Base Permit
Inspection Fee
10% of Plan Review;
100% of Base Permit
Inspection Fee
R3 - Single-Family, Duplex,
Additional Dwelling Units
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees (continued) Effective: 5/1/22 Page 12
B.
Garage/Room Conversions and Residential Remodels without Structural Improvements Occupancy Classification Threshold
SqFt
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof
Note
1 100 $192 $0 $308 $0 $500 $0
200 $288 $0 $539 $0 $827 $0
300 $336 $0 $770 $0 $1,106 $0
400 $384 $0 $924 $0 $1,308 $0
500 $432 $10 $1,078 $31 $1,510 $41
1,000 $480 $7 $1,232 $23 $1,712 $30
2 Electrical Plan Review and
Permitting, if Required
3 Mechanical Plan Review and
Permitting, if Required
4 Plumbing Plan Review and
Permitting, if Required
* Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees (continued) R3 - Single-Family, Duplex,
Additional Dwelling Units
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Effective: 5/1/22 Page 13
C.
Commercial / Non-Residential - New Construction, Tenant Improvement, and Shell Occupancy Classification Threshold
SqFt
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof
Note
1 500 2,304 34.13 2,722 75.29 5,026 109.42
1,000 2,688 21.33 3,080 61.60 5,768 82.93
5,000 3,840 15.36 6,160 49.28 10,000 64.64
10,000 4,608 7.68 8,624 24.64 13,232 32.32
20,000 5,376 5.76 11,088 18.48 16,464 24.24
2 500 1,152 172.80 2,079 46.20 3,231 219.00
1,000 2,016 21.60 2,310 57.75 4,326 79.35
5,000 2,880 11.52 4,620 36.96 7,500 48.48
10,000 3,456 5.76 6,468 18.48 9,924 24.24
20,000 4,032 4.32 8,316 13.86 12,348 18.18
3 500 1,536 8.53 3,080 13.69 4,616 22.22
1,000 1,728 6.40 3,388 10.27 5,116 16.67
5,000 1,920 7.68 3,696 12.32 5,616 20.00
10,000 2,304 3.84 4,312 12.32 6,616 16.16
20,000 2,688 2.88 5,544 9.24 8,232 12.12
4 Electrical Plan Review and
Permitting, if Required
5 Mechanical Plan Review and
Permitting, if Required
6 Plumbing Plan Review and
Permitting, if Required
7 Production Phase Units /
Identical Buildings / Duplicate
Stock
[a]
[a] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time. * Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
10% of Base Plan
Review Fee for Master
Unit
11% of Base Permit
Inspection Fee
10% of Plan Review;
100% of Base Permit
Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees. Fees shown in this section include permit inspection and plan review fees for new construction, improvements and alterations. Additional fees apply for permit processing, and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees are shown in Section F and Section G.
New Construction / Addition
A, B, E, F, H, I, M, R4, S
(Assembly; Business;
Care/Assisted Living;
Educational; Factory; Hazard;
Institutional; Mercantile;
Storage)
Tenant Improvement
A, B, E, F, H, I, M, R1, R2, R4,
S (Assembly; Business;
Care/Assisted Living;
Educational; Factory; Hazard;
Institutional; Mercantile;
Storage)
Shell
A, B, E, F, H, I, M, R4, S -
Assembly; Business;
Care/Assisted Living;
Educational; Factory; Hazard;
Institutional; Mercantile; Storage
Effective: 5/1/22 Page 14
D.
New Construction - R1 and R2 Occupancies
Occupancy Classification # of Units
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof Note
1 1 - 10 $2,304 $512 $7,392 $1,164 $9,696 $1,676
11 - 25 $6,912 $576 $17,864 $1,276 $24,776 $1,852
26 - 50 $17,976 $304 $35,728 $744 $53,704 $1,048
51+ Units
(each
add'l unit)
$22,272 $228 $53,592 $558 $75,864 $786
2 Electrical Plan Review and
Permitting, if Required
3 Mechanical Plan Review and
Permitting, if Required
4 Plumbing Plan Review and
Permitting, if Required
5 Production Phase Units /
Identical Buildings / Duplicate
Stock
[a]
6 Tenant Improvement or Shell
[a] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time. * Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
10% of Base Plan
Review Fee for Master
Unit
11% of Base Permit
Inspection Fee
10% of Plan Review;
100% of Base Permit
Inspection Fee
See Commercial / NonResidential FeesSee Commercial / NonResidential FeesSee Commercial / NonResidential Fees 11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees. Fees shown in this section include permit inspection and plan review fees for new construction, improvements and alterations. Additional fees apply for permit processing, and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees are shown in Section F and Section G.
New Construction / Addition
R1, R2 (Hotel; Motel;
Apartment; Other)
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Effective: 5/1/22 Page 15
E.
Garage / Carport / Patio / Deck / Utility / Balcony
Occupancy Classification
Threshold
SqFt
Plan
Review
Base Fee
Add'l 100 SF
or Fraction
Thereof
Permit
Inspection
Base Fee
Add'l 100 SF
or Fraction
Thereof
Total
Base Fee
Add'l 100 SF
or Fraction
Thereof Note
1 100 $192 $0 $231 $0 $423 $0
200 $240 $0 $270 $0 $510 $0
300 $288 $0 $308 $0 $596 $0
400 $336 $0 $385 $0 $721 $0
500 $384 $10 $462 $77 $846 $87
1,000 $432 $2 $847 $19 $1,279 $21
2 Electrical Plan Review and
Permitting, if Required
3 Mechanical Plan Review and
Permitting, if Required
4 Plumbing Plan Review and
Permitting, if Required
* Plan review fees include up to three plan checks. The City will bill hourly for additional plan review required. ** Amounts exclude City of Grover Beach standard permitting fees and State of California fees.
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs, in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Building New Construction, Improvement and Alteration Fees. Fees shown in this section include permit inspection and plan review fees for new construction, improvements and alterations. Additional fees apply for permit processing, and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees are shown in Section F and Section G.
Balcony / Carport / Patio / Deck
/ Garage / Utility
11% of Base Plan
Review Fee
11% of Base Permit
Inspection Fee
11% of Plan Review and
Permit Inspection Fee
Effective: 5/1/22 Page 16
F.
Activity Description Fee Note
1 Permit Processing Fee $77
2 General Plan Maintenance Fee (percent of permit fee) 5% [a] 2 Technology Fee / Records Retention Fee (percent of permit fee) 5% 4 Strong Motion Instumentation (SMI) Fee [a]
a) Residential $0.50 or valuation x 0.00013
b) Commercial $0.50 or valuation x 0.00028
5 Building Standards (SB 1473) Fee (valuation) [a]
a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Each Add'l $25,000 or fraction thereof $1 additional 6 Temporary Certificate of Occupancy $231
Copies, Re-Print, Change of Contractor
7 Email Scanned / Archived Drawings $10
8 Job Card / Permit Re-Print $38
Violation Fees
9 Work Done without Permits 2x permit fee
Other Fees
# Partial Inspection / Extra Inspection Fee (per inspection) $77 # Re-Inspection Fee (3rd Time or More) (each) $77 [b]
# Missed Inspection Fee $77
# Fees for Services Not Listed in this Fee Schedule (per 1/2 hour) $77 Effective 7/1/22
# Address Change or New Address Notification $63
[a] Fee only applies to permits for new construction and additions, including signs and swimming pools. [b] Re-inspection fee applies after second re-re-inspection.
Other Fees
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
Effective: 5/1/22 Page 17
G.
Activity Description Fee Note
1 Public Works Building Plan Review
a) No Public Works Permit Issued $82
b) Minor Projects (1-4 lots or units) $326
c) Major Projects (4 or more lots or units) $489
d) Deposit Cases $1,000 Deposit
2 Planning Building Plan Review
a) Alterations $48
b) Additions - Residential $144
c) New Residential Unit / Detached ADU $288
i) Each Additional Unit $96
d) Commercial / Industrial $1,000 Deposit
Effective 7/1/22
e) Signs
i) Sign Permit (First Sign) $70
Each Additional Sign $37
ii) Sign Registration for Temporary Signs (i.e. A-frame, banners) $0 Effective 5/1/22 ADOPTED
3 Plan Review Fees
a) Alternate Materials and Materials Review (per hour) $192 b) Excess Plan Review Fee (4th and subsequent) (per hour) $192 4 Fire Supression Systems Review Consultant Cost
Note: Each fee listed in this schedule is based on the typical estimated time required to perform a standard service request. For service requests that are anticipated to require time and materials costs in excess of those typically required, the Department reserves the right to bill, in advance, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. The Building Official may adjust the plan checking/permit fee for an individual project when costs to the City are not congruent with this fee schedule. Fee amounts shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
2/28/2022
Building Plan Review Fees - for Services Not Identified Elsewhere In This Schedule When applicable, plan review fees shall be paid at the time of application for a building permit.
The plan review fee is in addition to the buidling permit fee.
Effective: 5/1/22 Page 18
Fee Description & Unit/Time Effective 7/1/22
Administrative Development Impact Fee
Fee/Unit of Service (Per Person) $ 50.13
Single Family Residence (each) 2.56 DU $ 128.33
Multi Family Residence (each) 2.11 DU $ 105.77
Mobile Home (each) 1.40 DU $ 70.18
Commercial (1,000 SF) 6.00 per 1,000 sf $ 300.78
Office (1,000 SF) 2.94 per 1,000 sf $ 147.38
Industrial (1,000 SF) 2.02 per 1,000 sf $ 101.26
Fire Protection Development Impact Fee
Fee/Unit of Service (Net Acres/Unit) $ 1,379.91
Single Family Residence (each) 0.167 Net Acre/Unit $ 230.44 Multi Family Residence (each) 0.083 Net Acre/Unit $ 114.53 Mobile Home (each) 0.1 Net Acre/Unit $ 137.99
Commercial (1,000 SF) 0.023 per 1,000 sf $ 31.74
Office (1,000 SF) 0.023 per 1,000 sf $ 31.74
Industrial (1,000 SF) 0.023 per 1,000 sf $ 31.74
Other 0.023 per 1,000 sf (a) $ 31.74
Law Enforcement Development Impact Fee
Fee/Unit of Service (Per Person) $ 40.41
Single Family Residence (each) 2.56 DU $ 103.45
Multi Family Residence (each) 3.17 DU $ 128.10
Mobile Home (each) 2.10 DU $ 84.86
Commercial (1,000 SF) 8.00 per 1,000 sf $ 323.28
Office (1,000 SF) 1.47 per 1,000 sf $ 59.40
Industrial (1,000 SF) 1.01 per 1,000 sf $ 40.81
Park Improvement Development Impact Fee
Fee/Unit of Service
Single Family Residential Per Unit $ 3,272.82
Multi-Family Residential Per Unit $ 2,697.51
Mobile Home Residential Per Unit $ 1,789.81
Park Land Dedication "In-Lieu" Development Impact Fee (New Lot or New Unit) $ 2,751.00 Recreation Facility Development Impact Fee
Land Use Type
Single Family Residential Per Unit $ 585.10
Multi-Family Residential Per Unit $ 482.25
Mobile Home Residential Per Unit $ 319.98
Storm Water Development Impact Fee
per square foot of impervious surface $ 0.27
Transportation Development Impact Fee
Fee/Unit of Service (Peak Hour Trip) $ 1,570.72
Single Family Residence (each) 1.01 DU $ 1,586.43
Multi Family Residence (each) 0.62 DU $ 973.85
Mobile Home (each) 0.59 DU $ 926.72
Commercial (1,000 SF) 3.75 per 1,000 sf $ 5,890.20
Office (1,000 SF) 1.49 per 1,000 sf $ 2,340.37
Industrial (1,000 SF) 0.98 per 1,000 sf $ 1,539.31
Hotel/Motel
Water Infrastructure Reimbursement Fee
Front Footage Charge (per lineal foot) for Water Line 85.00 at building permit issuance
Water Development Impact Fee
5/8 inch meter 1.00 Capacity Factor $ 1,158.42
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT IMPACT FEES
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Effective: 7/1/22 Page 19
Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT IMPACT FEES
3/4 inch meter 1.50 Capacity Factor $ 1,737.64
1 inch meter 2.50 Capacity Factor $ 2,896.06
1 1/2 inch meter 5.00 Capacity Factor $ 5,792.11
2 inch meter 8.00 Capacity Factor $ 9,267.38
3 inch meter 15.00 Capacity Factor $ 17,376.34
4 inch meter 25.00 Capacity Factor $ 28,960.57
6 inch meter 50.00 Capacity Factor $ 57,921.13
8 inch meter 80.00 Capacity Factor $ 92,673.81
10 inch meter 120.00 Capacity Factor $ 139,010.72
12 inch meter 160.00 Capacity Factor $ 185,347.63
Wastewater Development Impact Fee
5/8 inch meter 1.00 Capacity Factor $ 1,072.90
3/4 inch meter 1.50 Capacity Factor $ 1,609.88
1 inch meter 2.50 Capacity Factor $ 2,682.77
1 1/2 inch meter 5.00 Capacity Factor $ 5,364.48
2 inch meter 8.00 Capacity Factor $ 8,583.15
3 inch meter 15.00 Capacity Factor $ 16,093.42
4 inch meter 25.00 Capacity Factor $ 26,822.36
6 inch meter 50.00 Capacity Factor $ 53,644.71
8 inch meter 80.00 Capacity Factor $ 85,831.54
10 inch meter 120.00 Capacity Factor $ 128,747.31
12 inch meter 160.00 Capacity Factor $ 171,663.08
Single-Family Dwelling Unit $ 2,475.00
Apartment complex (Bachelor, one or two bedrooms, per unit) $ 1,856.00 Apartment complex (Three or more bedrooms, per unit) $ 2,475.00 Motel or Hotel (per individual room), plus: $ 1,237.00
For each residential facility for the motel or hotel $ 2,475.00 Condominiums and similar land uses $ 2,475.00
Hybrid Fee $ 1,856.00
Mobile Home Parks (per unit), plus: $ 2,475.00
For each washroom and restroom $ 2,475.00
Travel Trailer or Recreation Vehicle Park (per space), plus: $ 1,237.00 For each residential unit at the park $ 2,475.00
For each washroom and restroom $ 2,475.00
5/8 inch meter $ 2,475.00
3/4 inch meter $ 3,712.00
1 inch meter $ 6,187.00
1 1/2 inch meter $ 13,612.00
2 inch meter $ 24,131.00
3 inch meter $ 54,450.00
Commercial establishments, schools, manufacturing, industrial or any similar use - charge to be based on the capacity of the water meters, the square or the water meter size and the ratio of the water meter.
The fees listed below can be administratively changed by staff upon notification from South San Luis Obispo County Sanitation District and do not require the City Council approval.
Greater than 3" sized meters to be determined on the ratio of the size of meter (ORD. 91-9) as calculated by South San Luis Obispo County Sanitation District.
South San Luis Obispo County Sanitation District Wastewater Charge (Collected by City and paid to District as collected) Pass Thru Development Impact Fees
Effective: 7/1/22 Page 20
Fee Description & Unit/Time Effective 7/1/22
Encroachment Permit
Basic Permit $ 169.00
Newsrack Permit - Annual $ 169.00
Newsrack Permit - Additional $ 84.00
Fire Flow Test - documentation only / existing hydrant $ 90.00 Fire Flow Test - test and documentation / new hydrant or development $ 270.00 Moving of Buildings and Vehicle Loads
Oversize Vehicle Loads Permit Fee - Per Trip/Per Direction $ 17.00 (Per California Code of Regulations Title 21, Section 1411.3 Annual Permit (Per CCR Title 21, Section 1411.3 & GBMC 8205) $ 98.00 (Per California Code of Regulations Title 21, Section 1411.3 + Deposit of Surety Bond in amount of $2,000,000
$ 1,475.00
Current Cal Trans
Equipment Rates + 30%
Overhead
Current Cal Trans
Equipment Rates + 30%
Overhead
Current Cal Trans
Equipment Rates + 30%
Overhead
Rate calculated using
current fully burdened
Salary and benefits
The following amounts are DEPOSITS and reflect the minimum estimated costs for processing the "typical" building permit application. The Public Works Development Department may increase or decrease the deposit amount depending on the complexity of the project. If at any time during the development review process deposits are insufficient to cover the cost of processing the application, the City shall cease processing until additional funds are submitted.
The following amounts listed are DEPOSITS
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PUBLIC WORKS AND UTILITIES
Large Projects - Please see Encroachment Permit Deposit for Large Projects
Moving of Building (Based on the complexity of the move, a deposit may be required to cover additional time necessary to process request, as determined by the Public Works Director)
Cost Recovery Rates
Vehicles
Equipment
Material
Labor
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Effective 7/1/22 Page 21
Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PUBLIC WORKS AND UTILITIES
$200 minimum or
estimated actual cost as
determined by the
Department Director
Encroachment Permit Deposit for Large Projects $ 1,000.00 (Will be billed for Actual Costs)
Public Improvements Single Lot/Subdivision Improvement Plans Plan Check Deposit for Improvement Plans (GBMC 9210.4)
Subdivision $ 1,000.00
Single Lot $ 500.00
Inspection of Improvement Work Deposit (GBMC 9210.6)
Subdivision or Single Lot 5% of Engineer's
estimate of subdivision
improvements
Improvement Security Required (GBMC 9210.14) 100% of Imp. Est.
Labor and Materials Surety (GBMC 9210.16) 50% of Imp. Est.
Subdivision Regulation Exception Fee See Variance Fee
Water Meter Charges (GBMC 7600)
Deposit will be
determined by Public
Works based on the size
of the meter. Minimum
Deposit $750
Radios Actual Cost
3/4" meter Actual Cost
1" meter Actual Cost
2" meter Actual Cost
3" meter Actual Cost
4" meter Actual Cost
6" meter Actual Cost
Overhead % (Applies to all "Actual Cost" items)
% of invoice for invoice processing 30%
% of labor costs for general overhead 30%
Deposit for Field Work Inspection (in addition to Basic Encroachment Permit)
The following are deposits for radio and meter installations. Actual costs will be deducted from the deposit for the cost of the meters and associated labor. If actual cost is greater than deposit then customer will be billed for additional charges.
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Effective 7/1/22 Page 22
Fee Description & Unit/Time
Resident Non-Resid. Resident Non-Resid.
Classes:
Adult Classes - No Subsidy
Acrylic Painting (Per 3 Month Session) $ 230.00 $ 230.00 TAI CHI (Per Month) $ 30.00 $ 30.00
Zumba (Per Month) $ 38.00 $ 38.00
Preschool Classes - No Subsidy
Tinys (Youth per month) $ 148.00 $ 148.00
Advanced Tinys (Youth per month) $ 148.00 $ 148.00
Kinderkids (Youth per month) $ 170.00 $ 170.00
Beg Tumbling & Gymnastics (Youth per Month) $ 40.00 $ 40.00 $ 17.00 $ 17.00
Late Payment Fee (per late registration) $ 32.00 $ 32.00 Camps
Lego Camp (5 to 12 years of age) $ 165.00 $ 165.00
Tennis Lessons per Class (6 years of age to Adult) $ 27.00 $ 27.00 Art Camp (7 to 14 years of age) Two Day Session $ 90.00 $ 90.00 Art Camp (7 to 14 years of age ) Four Day Session $ 120.00 $ 120.00 Special Events
Mother/Son Dance (per couple) - 50% Subsidy $ 59.00 $ 59.00 Mother/Son Dance (each additional child) $ 25.00 $ 25.00 Dune Run Run (per person) $ 28.00 $ 28.00
Dune Run Run (late registration per person) $ 33.00 $ 33.00 $ 10.00
Special Event Booth Fee (Plus Business Tax Certificate Fee) $ 50.00 $ 50.00 Other Fees
Contract Recreation Classes City contract instructors receive 70% of the class fee and the City receives the remaining 30% for on site classes
City contract instructors receive 80% of the class fee and the City receives the remaining 20% for off site classes
(on City property)
Activity Guide Advertising:
Business Card Size $ 100.00 $ 100.00
1/4 Page $ 150.00 $ 150.00
1/2 Page $ 200.00 $ 200.00
Full Page $ 300.00 $ 300.00
Bounce House Fee $ 35.00 $ 35.00
Class Cancellation/Refund Fee $ 14.00 $ 14.00
Equipment Rental (per day) $ 23.00 $ 23.00
Equipment Deposit $ 38.00 $ 38.00
(Late Registration is 10 work days prior to event. For
FY 22 Late Registration begins on August 13th)
Registration Fee - Only applies to initial enrollment if continually enrolled in class. If not continually enrolled then will be collected when reinitiate class)
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Classes within categories are subject to change. Subsidy amounts are for categories approved by the City Council. New class fees will be developed by the Parks and Recreation Program Director and the Administrative Services Director and can be administratively added with approval by the City Manager.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PARKS AND RECREATION DEPARTMENT
Effective 7/1/22
Effective: 7/1/22 Page 23
Fee Description & Unit/Time
Resident Non-Resid. Resident Non-Resid.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PARKS AND RECREATION DEPARTMENT
Effective 7/1/22
Field Lights $ 31.00 $ 31.00
$ 22.00 $ 22.00
Field Lights used for Non-Profit Organized Youth League $ 17.00 $ 17.00 Fields, Courts & Pits (per 4 hours) $ 31.00 $ 31.00
Non-Profit $ 24.00 $ 24.00
Youth $ 22.00 $ 22.00
Other Fees (cont)
T-Shirts/Tanks $ 15.00 $ 15.00
Sweat Shirts - Crew Neck $ 25.00 $ 25.00
Sweat Shirts - Hood/Zipper $ 30.00 $ 30.00
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Field Lights used by Non-Profit Organized Adult League (Per Hour). Must be recognized by the Parks and Recreation Program Director.
Fields, Courts & Pits (per 4 hours) Non-Profit
Effective: 7/1/22 Page 24
Fee Description & Unit/Time Effective 7/1/22
Special Event/Outdoor Assembly (non-City sponsored events) for 100 participants and over Pre-Application Review (Must have review prior to application being filed) $ 385.00 Application Fee (No City Council Review) $ 560.00
Application Fee (With City Council Review) $ 1,415.00
(A waiver request may be submitted for those activities related to the exercise of a first amendment right to free speech) Non-Resid.
Facility Rental Fees
Ramona Garden Park & Community Center
Weekday Hourly $ 34.00 $ 43.00 $ 75.00 $ 85.00
Weekend Hourly $ 45.00 $ 57.00 $ 100.00 $ 110.00
Weekend (12 hours) $ 400.00 $ 500.00 $ 964.00 $ 1,050.00 Deposit
* Low Impact $ 205.00 $ 255.00 $ 770.00 $ 857.00
** High Impact $ 255.00 $ 320.00 $ 954.00 $ 1,072.00
Special Use deposits
** High Impact Functions (per reservation) $ 259.00 $ 259.00 $ 259.00 $ 259.00 Cleaning / BBQ Key $ 83.00 $ 83.00 $ 83.00 $ 83.00
Cleaning fees of the Facilities will be at contract cost + 30% overhead.
Must be approved by the Parks and Recreation Program Director.
Non-Profit: Non-profit agencies or other groups that by nature serve the needs of the City and community.
Must be approved by the Parks and Recreation Program Director.
Private: All groups or individuals that do not qualify as City Sponsored, Grover Beach Non-Profit or Non-Profit.
Impact Definitions
* Low Impact: Event is defined as any meeting/party/event which does NOT include any of the following: food, drink, alcohol served or sold, band or DJ, bounce house, and/or pony rides. ** High Impact: Event is defined as any meeting/party/event which DOES include any of the following: Food, drink, alcohol served or sold, band or DJ, bounce house, and/or pony rides.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PARKS AND RECREATION DEPARTMENT
Effective 7/1/21
Resident
User Group Definitions
City Sponsored: Activities sponsored by the City of Grover Beach Parks and Recreation Department, or used by a Federal, State, or Local Government Agency.
Grover Beach Non-Profit: Non-profit agencies or other groups that by nature serve the needs of the City and community and are based in Grover Beach. The Agency's mailing address must be in Grover Beach.
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Grover Beach
Non-Profit
Other
Non-Profit
City of Grover Beach Building Facility Usage Fees
Cancellation Fee per facility reservation if less than 30 days notice 25% of fee paid; up to a maximum of $200 Effective: 7/1/22 Page 25
Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PARKS AND RECREATION DEPARTMENT
Effective 7/1/21
Portable Public Address System $ 10.00
TV / VCR / DVD Combo $ 10.00
Projection Screen $ 10.00
100 Cup Coffee Pot $ 5.00
Stereo System $ 5.00
Podium $ 5.00
Tables $ 2.00
Chairs $ 1.00
Wireless Microphone $ 10.00
Internet Access $ 21.00
Amenities Fees (Include amenities in rental fee
with exception of tables and chairs)
All Renters
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Effective: 7/1/22 Page 26
Grover Heights Lower Group BBQ Area
All Day 1-60 Persons
Resident: $65.00
Non - Residents: $71.00
Grover Heights Upper (Covered) Group BBQ Area
All Day
Resident: $77.00
Non - Residents: $86.00
16th Street Park
All Day
Resident: $98.00
Non - Residents: $108.00
Parks Deposit (Includes Key Deposit) $ 83.00
The following items will be charged for actual cost which includes 30% Administrative Fee Resident Non-Resident
Cleaning Fee (events w/alcohol) Ramona (per event) $ 89.00 $ 100.00 Cleaning Fee (events w/alcohol) Comm. Center (per event) $ 144.00 $ 186.00 Liability Insurance 1-50 guests (resv.)
Liability Insurance 50-500 guests (resv.)
Cleaning Fee - City Park BBQ/Picnic areas
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
PARKS AND RECREATION DEPARTMENT
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City. 1-99 Persons
Effective 7/1/22
1-60 Persons
Effective 7/1/22 Page 27
Fee Description & Unit/Time Effective 7/1/22
Adult Business Permit (Ord. 04-02) $ 790.00
Alarm Fees
Registration Permit (Annual) $25.00
Appeal Fee $25.00
Registration Permit Late Fee $25.00
Alarm Violation Late Payment Fee $25.00
Alarm Permit Reinstatement Fee $50.00
Burlgar False Alarm Fee
Registered Alarms
First Violation $50.00
Second Violation $75.00
Third Violation $100.00
Fourth Violation $200.00
Non-Registered Alarms
First Violation $150.00
Second Violation $175.00
Third Violation $200.00
Fourth Violation $300.00
Robbery False Alarm Fee
First Violation $100.00
Second Violation $200.00
Third and Subsequent Violations $300.00
Panic Button False Alarms
First Violation $100.00
Second Violation $200.00
Third and Subsequent Violations $300.00
Operation of Suspended Alarm System
First Violation $200.00
Second and Subsequent Violations $300.00
Alarm Company Violations
Failure to Report New Installation $50.00
False Alarm Caused by Company $50.00
Reporting an Alarm for a Suspended Alarm System
First Violation $100.00
Second and Subsequent Violations $200.00
Failure to Use Enhanced Call Confirmation Procedures $100.00 Alarm System Reinstatement Fee $200.00
Per Customer Contacted $10.00
Late Fee for All Charges $25.00
Alarm Permit Fee (Annual) $ 25.00
Arrest Booking Fees
City $ 147.00
Cannabis Background Fee (does not include livescan fee) Owner $ 675.00
Employee $ 391.00
Cannabis Background Renewal Fee
Owner $ 252.00
Employee $ 182.00
Commercial Cannabis Replacement Identification Card $ 25.00 Department of Justice (DOJ) Fee (cannabis) As set by the Department of Justice. Currently $75.00-
$91.00
Card Club Security Plan
New Security Plan and annual review of Security Plan $ 315.00 Police Department
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Effective: 7/1/22 Page 28
Fee Description & Unit/Time Effective 7/1/22
Police Department
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
(Ord. No. 04-05)
Annual Review of Security Plan
Citation Sign Off $ 29.00
License Application As Set by Penal Code
Renewal As Set by Penal Code
Amendment As Set by Penal Code
Copy cost (per page)
8 1/2" x 11" or 8 1/2" x 14" $ 0.22
11" x 17" $ 0.23
DUI Cost Recovery $ 283.00
Livescan + DOJ Fee (non cannabis) $ 21.00
Livescan + DOJ Fee (non cannabis) As set by the Department of Justice. Currently $75.00
Massage Establishment Permit Application Fee $ 400.00
(GBMC Section 3903)
Massage Establishment Renewal Permit Fee $ 57.00
Massage Technician Permit Application Fee
Off-Site Massage Permit
Parking Fines
Late Fee - All fines that are $53 $ 21.00
Late Fee - All fines that are $148 $ 46.00
Late Fee - All fines that are $371 (disabled parking) $ 75.00 Photographs
Digital Photos $ 23.00
Digital Videos $ 28.00
Reports - Investigation
Crime See Copy Costs
Traffic Accident, Full Investigation See Copy Costs
$ 1.15
Archival Search (2 or more years) See Copy Costs
$ 15.00
Secondhand Dealer & License Permit & Renewal
Permit $ 300.00
Renewal $ 156.00
+ DOJ and City Livescan fee
Taxicab Driver Permit (GBMC Section 3405)
Application Fee and Identification Card Fee $ 384.00
$ 111.00
Taxi Public Hearing Fee $ 222.00
Annual Renewal Application Fee (GBMC Section 3405 (E))
Massage Permits: Massage Technician and Massage Establishment + Department of Justice Fees
Repossession Fees (Set by Statute, California Vehicle Code Section 26751) Any requested services not covered by Master Fee Schedule will be charged actual costs Subpoena Fee Deposit (Per Day) - (Set by Statute, Government Code 68093-68097.2) TC and PDO Insurance, public (Set by Statute, California Vehicle Code Section 20012) Concealed Weapons (Maximum Fees set by Penal Code)
Effective: 7/1/22 Page 29
Fee Description & Unit/Time Effective 7/1/22
Police Department
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Tobacco Ordinance License Annual Fee $ 337.00
County Health Officer Fee (paid to County directly)
Change of Location Fee (GBMC Section 2908) $ 178.00
+ Business Tax Certificate and Fire Inspection Fees
Vehicle Release $ 138.00
Any requested services not covered by Master Fee Schedule will be charged actual costs Effective: 7/1/22 Page 30
Fee Description & Unit/Time Effective 7/1/22
Cannabis Regulatory Fee
Annual Regulatory Fee per License
Retail Storefront $15,000.00
Manufacturing $15,000.00
Cultivation $15,000.00
Distribution $10,000.00
Testing Lab $10,000.00
NOTE: IF MORE THAN ONE LICENSE PER BUSINESS, THEN ONLY THE THE HIGHEST REGULATORY WILL BE CHARGED.
Annul Audit Fee per Business
Annual Audit Fee per Cannabis Business $7,500.00
Cannabis Background Fee (does not include livescan fee) Owner $ 675.00
Employee $ 391.00
Cannabis Background Renewal Fee
Owner $ 252.00
Employee $ 182.00
Commercial Cannabis Deposit (New or Renewal) $ 500.00
(This is a deposit consistent with the Comm Dev Commercial Cannabis Permit) Commercial Cannabis Replacement Identification Card $ 25.00
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Any requested services not covered by Master Fee Schedule will be charged actual costs based on time and materials. A deposit may be required by the City.
Effective: 7/1/22 Page 31
Fee Description & Unit/Time Effective 7/1/22
County Booking Fee Actual Cost as Charged by the
County of San Luis Obispo
Department of Justice - Fingerprinting Fees Actual Cost Charged by DOJ Federal Bureau of Investigations - Fingerprinting Fees Actual Costs Charged by FBI Negative Declaration Current fee per Department of
Fish and Game
Mitigated Negative Declaration Current fee per Department of Fish and Game
Environmental Impact Report Current fee per Department of Fish and Game
Certified Regulatory Program Current fee per Department of Fish and Game
County Clerk Processing Fee (in addition to above fees) Current fee per Department of Fish and Game
Residences and Apartments $ 25.48
Hotels Units with Kitchens $ 22.27
Motel Units without Kitchens $ 14.32
Hotel Rooms $ 14.32
Commercial Establishments $ 11.45
Each additional employee above 5 $ 2.31
Beauty Shops $ 22.91
Each additional employee above 6 $ 3.47
Eating Establishments w/o Grinders $ 35.65
Each additional 5 seats above 30 $ 5.35
Restaurants W/Grinders less than 30 seats $ 57.32
Restaurants W/Grinders over 30 seats $ 80.23
Laundromats - per washing machine $ 16.41
minimum charge $ 49.28
Service Station - no wash rack $ 67.49
Service Stations - with wash rack $ 96.82
Factories $ 38.21
Each additional employee above 20 $ 1.92
Churches $ 21.15
Per ADA with elementary school $ 0.64
Per ADA with other school $ 0.93
Bottling Plants $ 45.87
Schools (Non-Boarding) $ 12.70
Per ADA with elementary school $ 0.64
Per ADA with other school $ 0.93
Schools (Boarding) $ 12.74
Per ADA with elementary school $ 1.28
Per ADA with other school $ 1.80
The fees listed below can be administratively changed by staff upon notification from Department of Fish and Game and do not require the City Council approval.
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Pass Through to Other Agencies
South San Luis Obispo County Sanitation District (Monthly charge collected by City and paid to the District monthly) The fees listed below can be administratively changed by staff upon notification from South San Luis Obispo County Sanitation District and do not go before the City Council for updating. Rates are monthly service charges.
Department of Fish and Game Environmental Filing Fees - made payable to San Luis Obispo County Clerk
Effective: 7/1/22 Page 32
Fee Description & Unit/Time Effective 7/1/22
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Pass Through to Other Agencies
Trailer/Mobile Home Space $ 15.31
RV Dump Stations - Less than 50 services $ 118.45
Tapes
Video Actual Costs per AGP Video +
25% Administrative Fee
Taxicab Rates
Beach Cities Cab Co.
Fare for Pick-up Set by City per request from
Fare per Mile Taxi Cab Company
Waiting Time
Credit Card Surcharge
After-hours Surcharge
234 Taxi
Fare for Pick-up Set by City per request from
Fare per Mile Taxi Cab Company
Waiting Time (per hour)
Credit Card Surcharge
After-hours Surcharge
Effective: 7/1/22 Page 33
Fee Description & Unit/Time
Number of
Cans
Collections
Per Week
COMMERCIAL
GARBAGE
1 1 $ 23.70
2 1 $ 43.11
3 1 $ 53.89
3 2 $ 81.61
4 1 $ 64.66
Re-deliver bin to stopped
account $ 40.30
Size of
Container
(Cubic
Yards)
1 2 3 4 5 6 7
1 $ 84.04 $ 124.97 $ 170.24 $ 215.51 $ 254.27 $ 303.87 $ 371.12
1.5 $ 96.98 $ 153.01 $ 215.51 $ 280.16 $ 342.64 $ 407.29 $ 495.52 2 $ 109.91 $ 181.01 $ 265.05 $ 349.11 $ 426.66 $ 510.71 $ 624.50 3 $ 131.46 $ 252.14 $ 349.11 $ 454.69 $ 540.91 $ 642.17 $ 817.82 4 $ 170.24 $ 288.74 $ 413.74 $ 540.91 $ 665.90 $ 793.02 $ 1,012.17 6 $ 255.37 $ 433.10 $ 620.61 $ 811.37 $ 998.87 $ 1,189.53 $ 1,518.27 8 $ 340.49 $ 577.49 $ 827.49 $ 1,081.83 $ 1,331.79 $ 1,586.04 $ 2,024.32 one can $ 17.95 Per Month
two can $ 24.15 Per Month
three can $ 30.33 Per Month
four can $ 36.54 Per Month
five can $ 42.73 Per Month
six can $ 48.93 Per Month
Miscellaneous Items
Overstacked Garbage & extra bags Minimum/Unit $ 5.51 Each Overstacked Green waste & extra bags Minimum/Unit $ 2.76 Each Overstacked Blue Bin & extra bags Minimum/Unit $ 2.77 Each In yard service (per can or commodity) $ 13.75 Per month In addition to standard garbage rates
$ 3.79 Per month
$ 1.56 Per month
Extended Vacation Service $ 12.83 Per month
Vacant Rate $ 12.83 Per month
Waste wheeler cleaning $ 20.52 Each Time
Trip Charge $ 13.76 Each Time
96 gallon Waste Wheeler
one 64 + one 96 gallon
two-64 gallon Waste Wheelers
Monthly Charge for additional 32, 64 or 96-gallon recycle waste service
Monthly Charge for additional 32 or 96-gallon green waste service
Waste Wheelers
32 gallon
two 96 gallon
Waste Wheelers
Waste Wheeler
64 gallon Waste Wheeler
SINGLE FAMILY AND MULTI-UNIT RESIDENTIAL (4 units or less)
VOLUME BASED RATES INCLUDES
WASTE WHEELERS FOR GREEN WASTE AND GARBAGE
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Waste Connections Service Fees
Effective January 1, 2021
COMMERCIAL DUMPSTER CONTAINER (PER MONTH)
COLLECTIONS PER WEEK
Effective: 7/1/22 Page 34
Fee Description & Unit/Time
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Waste Connections Service Fees
Non-payment Downsize service $ 13.76 Each Time
Non-payment redeliver waste wheeler $ 33.07 Each Time
Non-payment reconnect service $ 33.07 Each Time
Small item pickup (TV, Toilet) $ 32.27 Each
Appliance pickup-residential $ 45.51 Each
Lock Charge $ 7.66 Per month
City Clean Up $ 11.28 Each
$ 11.61 Per Yard
$ 32.05 Per Yard
$ 4.26 Per month
Re-deliver bin on stopped account $ 39.44 Each Time
Compactors $ 15.63 Per yard
Sunday Service (In addition to garbage service level) $ 68.86 Per Month Recycle bin rental $ 47.54 Per Month
Stand by Time $ 66.00 Per Hour
Extra bin cleaning $ 61.55
Damage/Destruction of bins or waste wheelers replacement/repair at market price Short Term Dumpsters
Delivery and Pickup Bin $ 40.23
Delivery and Pickup - Waste Wheeler $ 14.03
Rental $ 4.35
Empties $ 32.69
Mattresses
Twin (Per Set) $ 18.26
Double (Per Set) $ 18.26
Queen (Per Set) $ 18.26
King (Per Set) $ 18.26
Any additional recycling services are charged out at 50% of the garbage rate.
Commercial Waste Wheeler Rent
Please recycle, it is less expensive and it helps the community achieve its AB939 goal to reducing buried waste at the landfill.
Late Fees are imposed for residential customers over 30 days delinquent and commercial customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill.
Garbage extras on your scheduled pickup day
Garbage extras - not on your scheduled pickup day
Effective: 7/1/22 Page 35
Fee Description Type of Change Resolution No. Effective Date Original Adoption 5/19/2003
Peg Access Fee Charter Peg Access Fee Resolution 03-73 7/21/2003 Miscellaneous City Fees Changes per Fee Study Resolution 04-39 6/17/2004 & Blue Ribbon Committee
Solid Waste Fees Solid Waste Fee Update Resolution 04-67 9/7/2004 Recreation Fees Parks and Recreation Fees Resolution 04-84 11/15/2004 Annual Update of Fees Update of various fees based Resolution 05-30 4/4/2005 on December 03 to December
04 CPI
Solid Waste Rate Interim Year Solid Waste Resolution 05-32 4/18/2005 Adjustments Rate Adjustments
Various Parks and Increase and Decrease in Resolution 05-44 6/20/2005 Recreation Fees Various Parks and Recreation
Fees
Water Rate Increase Increase Water Rates and Resolution 05-48 6/29/2005 Set a tiered system
Tobacco Ordinance License Fees for Tobacco Resolution 05-72 9/6/2005 License Fees Ordinance
Per Mile Rate Beach Cities Cab Company Resolution 06-10 1/17/2006 Per Mile Rate
Development Impact Update of various Development Resolution 06-11 2/6/2006 Fees Impact Fees
Annual Update of Fees Update of various fees based Resolution 06-38 5/1/2006 on December 04 to December
05 CPI
Development Impact Update of Parks Development Resolution 06-45 6/19/2006 Fees Impact Fees
Card Table Fee Increase Per Table Fee Resolution 06-91 11/6/2006 Sanitation Fees & Update of Fees Resolution 07-10 1/22/2007 Returned Check Fee
Water Rate Increase Update of Water Fees Resolution 07-18 2/21/2007 Annual Update of Fees Update of various fees based Resolution 07-52 5/7/2007 Newly requested, and on Dec 06 CPI. Also new fees
changed fees for CD for CD, Fire, P & R, and changing
Fee system for CD
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Legislative History
Fee Description Type of Change Resolution No. Effective Date
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Legislative History
Solid Waste Rate Interim Year Solid Waste Resolution 07-94 10/1/2007 Adjustments Rate Adjustments
Taxi Increase Update Taxi Fees Resolution 08-28 4/21/2008 Annual Update of Fees Update of various fees based Resolution 08-36 5/5/2008 Newly requested, and on Dec 07 CPI. Also new fees
changed fees for CD for CD, Fire, ASD, and changing
fee system for CD
Parks and Increase and Decrease in Resolution 08-53 7/7/2008 Recreation Fees Parks and Recreation Fees
Parks and Adjust Parks and Recreation Resolution 09-52 8/17/2009 Recreation Fees Fees
Suspension of Application
and Processing Fee for
BTC
Suspension of Application and
Processing Fee for BTC
Resolution 09-92 12/7/2009
Water Rate Adjustments Water Rate Adjustments Resolution 10-45 7/5/2010 Credit Card Convenience Credit Card Convenience Resolution 10-73 12/6/2010 Fees for Utility Billing Fees for Utility Billing
On-line payment service On-line payment service
Water Rate Adjustments Water Rate Adjustments Resolution 12-16 4/1/2012 and Establishment of a and Establishment of a
Storm Water Utility Fee Storm Water Utility Fee
Police Department Any additional fees set by other
agencies will be added to the
amount set by the City for all tickets
issued
Resolution 12-61 9/17/2012
Solid Waste Rate Interim Year Solid Waste Resolution 13-4 2/4/2013 Comprehensive Update Comprehensive Update of all User
Fees
Resolution 13-15 5/6/2013
(With some
exceptions regarding
effective date.)
Annual Update of Fees Based on CPI for Los
Angeles/Riverside County year
ended December 2013 of 1.1% for
most fees
Resolution 14-15 3/17/2014 (With
Some exceptions
regarding effective
date.)
Annual Update of Fees Based on CPI for Los
Angeles/Riverside County year
ended December 2014 of 1.0349%
for most fees
Resolution 14-15 3/16/2015 (With
Some exceptions
regarding effective
date.)
Fee Description Type of Change Resolution No. Effective Date
CITY OF GROVER BEACH
MASTER FEE SCHEDULE
Legislative History
Solid Waste Rate Waste Connections Solid Waste Resolution 15-54 10/15/2015 Annual Update of Fees
Based on CPI for Los
Angeles/Riverside County year
ended December 2015 of 2.198%
for most fees
Resolution 16-38 5/16/2016
Various Adjustments Adjustments as directed by Council Resolution 16-72 9/6/2016 Annual Update of Fees
Based on CPI for Los
Angeles/Riverside County year
ended December 2016 of 1.97% for
most fees Resolution 17-24 5/15/2017
Community Development
Department
Commercial Medical Cannabis
Permitting Process Fee Resolution 17-31 6/6/2017
Annual Update of Fees
Based on CPI for Los
Angeles/Riverside County year
ended December 2017 of 2.79% for
most fees + 1.21% additional Resolution 18-29 4/16/2018 Police Department
Commercial Cannabis Background
Investigation Fees decrease Resolution 18-42 5/21/2018
Community Development Amendment of Administrative Resolution 18-98 11/19/2018 Department Citation Penalties
Annual Update of Fees
Based on CPI for Los
Angeles/Long Beach/Anaheim year
ended December 2018 of 3.08% for
most fees Resolution 19-19 7/1/2019
Community Development Amendment for Short-Term Resolution 19-47 8/19/2019 Department Rental Permit Fees
Annual Update of Fees
Based on CPI for Los
Angeles/Long Beach/Anaheim year
ended December 2019 of 3.065%
for most fees Resolution 20-16 7/1/2020
Agenda Item No. 4
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 11, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: David Hale, City Attorney
Bruce Buckingham, Community Development Director
SUBJECT: Second Reading and Adoption of an Ordinance to Repeal and Replace Chapters 1, 2, and 4 of Article I (General Provisions), Repeal Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances) of Article III (Public Welfare, Morals and Conduct) and Sections 1309 through 1325 of Chapter 3 (Rules of Construction) of Article I, and Amend Section 1500 of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance to repeal and replace Chapters 1, 2, and 4 of Article I, repeal Sections 3102.5 and 3103 of Chapter 1 of Article III, and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article I of the Grover Beach Municipal Code
BACKGROUND:
Both the current and previous City Council Goals have included continuing to strengthen the City’s code compliance program. The FY 2021-23 City Council Goal for Code Compliance states:
Continue to strengthen the code compliance program and related code sections to be more proactive in inspecting and addressing such issues as, short-term rental violations, illegal advertising/business signage, overgrown landscaping and conflicting right-of-way encroachments; continue monitoring the cannabis industry.
The City Attorney’s Office along with staff have been working together in the development of Grover Beach Municipal Code (GBMC) amendments to promote and further this goal through resolving duplications within City codes and developing more comprehensive code enforcement policies and regulations. The City’s Code currently defines the principal code enforcement regulations within Chapters 1 through 5 of Article I, (General Provisions) of the GBMC.
Within Article I, the GBMC sets forth four predominate tools for staff and the City Attorney’s Office defining the underlining authority of the Municipal Code. Chapter 2 establishes the penal or criminal function of the code allowing the City Attorney’s Office to prosecute violations of the Code as a criminal offense either by infraction or in some cases by misdemeanor. Chapter 3 defines the rules of construction for implementation of the Code. Chapter 4 enumerates those options for staff and the City Attorney’s Office to enforce the GBMC by administrative notice of violations and civil citations. Chapter 5 defines what constitutes a public nuisance within the city and the options for both staff and the City Attorney’s Office to abate nuisances.
Staff Report: GBMC Article I and III Amendments Page 2
April 11, 2022
Staff and the City Attorney’s Office have reviewed Article I of the Code and concluded that to achieve and accomplish the purposes and objectives of the Council’s adopted goal, it is necessary to modify and amend the entire Article I to eliminate internal inconsistencies in the Code. It is also necessary to bring the Code up to date on current enforcement options and tools. The first step was to update Article I Chapter 5 (Public Nuisances) which the Council adopted in July 2019. Staff is proposing the completion of the Article I update by amending the remaining Chapters 1, 2, 3 and 4 with a minor modification of Chapter 5 which will provide the following benefits:
• Elimination of inconsistencies between different chapters of the GBMC related to code compliance.
• Revising the criteria for obtaining attorney’s fees for code actions that are consistent with current State law and defining abatement cost recovery that includes both City staff time and City Attorney’s Office fees and court costs for civil citations and public nuisance actions.
• Establishing greater specificity to the procedures for enforcement of abandoned vehicles. • Enhancing the definitions used for code compliance to cover more of the typical terms used within Article 1 and to consolidate most of the definitions into one code section as done elsewhere within the code.
• Establishing clear authority for the City Attorney’s Office to prosecute criminal conduct as either an infraction or misdemeanor.
• Expanding the definition of entities subject to citation that include but are not limited to individuals who are beneficiaries under a deed of trust related to the property subject to the code compliance action.
• Expands the citing authority of the City to include not only violations of the GBMC but also violations of conditions of development entitlements like subdivision maps, use permits, variances, etc.
• Allows for the immediate imposition of civil fines and penalties without a 30-day cure period for building code violations that exist as a result of illegal cultivation of cannabis.
The City Attorney’s Office and staff believe these enhanced regulations will provide greater tools to deal with code compliance issues and strengthen the City’s enforcement actions in the future.
In addition to Article I amendments, staff is proposing to delete two redundant code sections that are no longer needed as a result of the previous update to Chapter 5 Public Nuisances as follows:
• Article III Chapter 1 Section 3102.5 (Painting, Etc. of Motor Vehicles in Residential Zones).
This violation is currently addressed in Article I Chapter 5 Public Nuisances. • Article III Chapter 1 Section 3103 (Unsightliness of Property). This violation is currently addressed in Article I Chapter 5 Public Nuisances.
FISCAL IMPACT
There is no direct fiscal impact to the City from this Code amendment.
Staff Report: GBMC Article I and III Amendments Page 3
April 11, 2022
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing and second reading to adopt an Ordinance to repeal and replace Chapters 1, 2 and 4 of Article I, repeal Sections 3102.5 and 3103 of Chapter 1 of Article III and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article 1 of the Grover Beach Municipal Code, and schedule a second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Draft Ordinance
ORDINANCE NO. 22-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH REPEALING CHAPTER 1 (ADOPTION OF CODE), CHAPTER 2 (PENAL PROVISIONS) AND CHAPTER 4 (ADMINISTRATIVE
CITATIONS FOR VIOLATION OF CODE) OF ARTICLE I (GENERAL
PROVISIONS) AND ADDING A NEW CHAPTER 1, 2 AND 4 OF
ARTICLE I; REPEALING SECTIONS 3102.5 AND 3103 OF CHAPTER 1 (DISORDERLY CONDUCT AND NUISANCES), OF ARTICLE III
(PUBLIC WELFARE, MORALS AND CONDUCT) AND SECTIONS 1309
THROUGH 1325 OF CHAPTER 3 (RULES OF CONSTRUCTION) OF
ARTICLE I; AND AMENDING SECTION 1500, OF CHAPTER 5
(ABATEMENT OF NUISANCES) OF ARTICLE I OF THE GROVER
BEACH MUNICIPAL CODE
WHEREAS, the City of Grover Beach (“City”) has the police power to protect the health, safety and welfare of the community, including the ability to protect and enhance the natural environment consistent with Article XI, section 7 of the California Constitution; and
WHEREAS, the City wishes to encourage the compliance with its municipal codes; and
WHEREAS, the enforcement of its codes encourages the compliance with its laws, regulations, and permits over which the City has authority; and WHEREAS, whereas the adoption of a municipal code establishes measurable goals based on identified community needs which allows for the monitoring of plans, permits, and zoning regulations for their effectiveness after adoption, and WHEREAS, the adoption of code regulations and defined code enforcement provisions allows for the effective coordination and appropriate enforcement of both state and local regulations; and
WHEREAS, it is in the public interest to establish a procedure so that the abatement of violations of the code is at the expense of the person(s) creating, causing, committing or maintaining the violations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: The above recitals and findings are true and correct and incorporated herein by this reference.
PART 2: Chapter 1, (Adoption of Code), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 1, Adoption of Code, of Article I, is added to the Grover Beach Municipal Code as follows:
Attachment 1
Ordinance No. 22-03 Page 2
CHAPTER 1 –ADOPTION OF CODE
Section 1100. Adoption. This code shall be known as the Grover Beach Municipal Code, as compiled, edited and published, a copy of which is on file in the office of the city clerk, for public inspection.
Section 1101. Title – Citation and Reference. This Code is and shall be known as the city of Grover Beach Municipal Code, and it shall be sufficient to refer to such code as the city of Grover Beach Municipal Code or (GBMC) in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the city of Grover Beach Municipal Code. References may be made to the titles, chapters, sections, and subsections of the city of Grover Beach Municipal Code, and such references shall apply to those titles, chapters, sections, subsections, divisions or subdivisions as they appear in the code.
Section 1102. Maintenance of code. At least three (3) copies of this Code, duly certified by the city clerk, shall be maintained on file in the office of the city clerk as official copies of this code.
Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.
Section 1103. Interpretation of code and other ordinances. The provisions of this Code and all proceedings under it are to be construed to affect its objects and to promote justice. All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the city, or to the person or agency performing the function for the city.
Section 1104. Effect of code on past actions and obligations. Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or part or portion of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty or the Ordinance No. 22-03 Page 3
penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 1105. Constitutionality. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 1106. Territorial limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the city of Grover Beach and that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or proprietary control of property.
Section 1107. Local Signification. All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not.
Section 1108. Section and Subsection defined. “Section” means a section of this Code dividing a Chapter, unless some other source is specifically set forth. “Subsection” means a subsection dividing a section, unless some other source is expressly set forth.
Section 1109. References to prior code. References in city forms, documents and regulations to the chapters and sections of any former city codes shall be construed to apply to the corresponding provisions within this Code.
Section 1110. Definitions. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:
“Calendar year” means from January 1st through December 31st of any given year. “City” means the City of Grover Beach.
“City Attorney” means the official of the city appointed by Council who occupies the position of the attorney representing the City on all legal matters consistent with Government Code sections 36505 and 41801.
“City Manager” means the appointed official of the city who occupies the position as chief administrative officer of the city.
“Council” means the city council of the City of Grover Beach.
Ordinance No. 22-03 Page 4
“Councilmember” means a person duly elected to the council. “County” means the county of San Luis Obispo, California, or the area within the limits of San Luis Obispo County, and such territory outside of San Luis Obispo County over which the county has jurisdiction or control by virtue of any constitutional or statutory provisions.
“Fiscal year” means from July 1st of any given year through June 30th of the following year.
“Gender.” The masculine gender shall include the feminine and neuter genders. “Goods” include wares and merchandise.
“May” shall be permissive.
“Month” means a calendar month, unless otherwise expressed. “Number”. The singular number shall include the plural, and the plural number shall include the singular.
“Oath” includes affirmation.
“Official Time Standard”. Wherever certain hours are named in this code, they mean standard time or daylight-saving time as may be in current use in the city. “Operate” means and includes carrying on, keeping, conducting or maintaining. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. “Person” includes any natural person, firm, company, corporation, club, trust or similar organization, partnership, association, public corporation, political subdivision, city (except the city of Grover Beach), the county of San Luis Obispo, any district in the county of San Luis Obispo, the state of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof, unless this code expressly provides otherwise. “Personal property” includes money, goods, chattels, things in action, and evidence of debt.
“Police,” “police chief” or “chief of police” means the agency which performs the appropriate law enforcement function for the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city.
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“Property” includes real and personal property.
“Real property” includes land, tenements, and hereditaments. “Sale” includes any sale, exchange, barter or offer for sale. “Shall and Must” means mandatory.
“State” means the state of California.
“Street” includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, sidewalks and curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
“Tenant or occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others. “Tense.” The present tense shall include the past and future tense, and the future tense shall include the present tense.
Words and phrases not defined in this code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.
Section 1111. General Enforcement Authority. The City Manager or any of his/her designated Enforcement Officers as set forth in this Code have the authority and powers necessary to gain compliance with the provisions of the Municipal Code and applicable state codes. These powers include the power to inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.
Section 1112. Code Violations.
(A) No person shall violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of an infraction unless otherwise designated as follows:
. (1) Such Code provision makes violation thereof a misdemeanor. . (2) The City, at its discretion, may issue an administrative citation and civil penalty in lieu of charging any violation of the Code as a misdemeanor or an infraction.
The enforcement of those civil penalties shall be governed by the civil administrative citation procedures set forth in this Article I. A misdemeanor may also at the discretion of the City Attorney be prosecuted as an infraction.
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(B) Each violation of this Code shall be a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be charged accordingly. (C) In all cases where the same violation is made actionable or is created by different clauses or sections of this Code, the City Attorney or Enforcement Officers may elect under which to proceed; but not more than one recovery shall be had against the same person for the same violation.
(D) The City Attorney has discretion to institute the appropriate civil action to ensure compliance with the Grover Beach Municipal Code, including an action for a temporary restraining order, a preliminary or permanent injunction or an action to recover any damages incurred because of any Code violation.
PART 3: Chapter 2, (Penal Provisions), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 2, (Penal Provisions), of Article I, is added to the Grover Beach Municipal Code as follows:
Penal Provisions
Sec. 1201. Citation of Violators. The pertinent provisions of Part 2, Title 3, of the Penal Code, or its successor, shall govern the procedures required for criminal enforcement of the Grover Beach Municipal Code.
Sec. 1202. Failure to Appear as Misdemeanor. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
Sec. 1203. Enforcing Officers Generally. The Police Chief and all peace officers employed by the Police Department are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this Code or of any other ordinance of the City, including the power to arrest for such violations in accordance with the laws of the State of California, together with such other powers as are conferred upon them by the City. The Police Chief may authorize employees of the Police Department, excepting clerks, stenographers and others whose duties do not fall within the scope of law enforcement services, to enforce any and all provisions of the statutes of the State of California, of this Code, or of any other ordinance of the City where the violation of such provision or provisions would constitute a misdemeanor or an infraction, including the power to cite for such violations in accordance with the laws of the State of California.
Sec. 1204. Enforcement Officers.
(A) Training Requirements. Before any such officer or employee may exercise criminal citation authority pursuant to this section, that officer or employee must complete an enforcement-training program established at the discretion of the Chief of Ordinance No. 22-03 Page 7
the Grover Beach Police Department. The training program shall be designed to instruct officers and employees regarding:
. (1) The provisions of this Code to be enforced;
. (2) The evidentiary prerequisites to proper prosecution for violations thereof; . (3) The procedural requirements of citations, including completion of the forms, processing and amendment of citation forms; and
. (4) The limitations attendant thereto.
(B) Citation Authority. The City Manager may appoint employees of the City of Grover Beach from Departments other than the Police Department as Enforcement Officers who shall have the same powers to enforce and duty to enforce the provisions of the Grover Beach Municipal Code as people designated in Section 1203. .
(C) Delegation. An officer or employee designated in subsection (B) of this section has the authority to appoint employees to assist in the enforcement responsibilities. Such employees shall likewise have the authority to issue criminal citations following the written confirmation by the City Manager of the appointment of such employees by the officers and employees designated in subsection (B) and completion of the training required by subsection (A).
(D) Notice to Appear. Citation officers vested with criminal citation authority pursuant to this section, may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, issue a citation in the form of a NOTICE TO APPEAR to a person where any such citation officer has probable cause to believe that the person to be issued the citation has violated a provision of this Code in the citation officer’s presence, which the citation officer had the discretionary duty to enforce, and therefore, has committed a misdemeanor or infraction.
(E) Release on Written Promise to Appear. A citation officer exercising the authority pursuant to this section may release the person to be issued a citation on his or her written promise to appear in court. The citation officer shall under no circumstances take the person to be issued a citation into custody. (F) Refusal to Sign. In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, a citation officer may summon a Grover Beach Police Officer and request that such police officer take the person into custody. If the person demands to be taken before a magistrate, the citation officer may summon a Grover Beach Police Officer and request that such Police Officer take the person into custody or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person.
(G) Filing and Maintenance Files. Citation officers having a duty to enforce the provisions of this Code, and who exercise the authority to issue a citation pursuant to Ordinance No. 22-03 Page 8
this section, shall maintain a file of executed citations issued under subsection (D) any citations for misdemeanors shall be forwarded to the City Attorney’s office for issuance of a complaint and filing with the appropriate magistrate. (H) Additional Authority. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.
Sec. 1205. Infractions. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of an infraction if the Code provision under which the person is charged makes violation thereof an infraction, is silent as to whether it is an infraction or misdemeanor or if the Code designates a violation as a misdemeanor and the City Attorney elects to treat such violation as an infraction in accordance with subsection 1112 (A)(2). Any person convicted of an infraction under the provisions of this Code herein shall be punishable by a fine or fines consistent with Government Code Section 36900, or its successor. Except as otherwise provided by law, all provisions of law or ordinance relating to misdemeanors shall apply to infractions.
Sec. 1206. Misdemeanors. Except as otherwise provided in this Code, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine or imprisonment consistent with Government Code Section 36901, or its successor.
PART 4: Chapter 4, (Administrative Citations for Violations of Code), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 4, (Administrative Citations for Violations of Code), of Article I, is added to the Grover Beach Municipal Code as follows:
Section 1400. Findings and Purpose. The City Council finds and declares as follows:
(A). There is a need for an alternative method of enforcement for minor violations of this Code and applicable state codes. The City Council further finds that an appropriate method of enforcement for minor violations is through a civil citation and administrative hearing program.
(B). This chapter makes any violation of the provisions of this Code and applicable state codes subject to civil citation and civil fines. (C). This chapter establishes the administrative procedures for the imposition, enforcement, collection, review, and appeal of civil citations and civil fines pursuant to Government Code Section 53069.4 and the city’s general police power. (D). The issuance of a civil citation under this chapter is solely at the city’s discretion and is one option the city has to address violations of this Code and applicable state codes. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. The procedures established in this chapter shall be in Ordinance No. 22-03 Page 9
addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this Code and applicable state codes. (E). Because of the serious blighting conditions that can occur affecting health and safety, this chapter is intended to impose strict civil liability for all public nuisance that occur upon the subject premises.
(F). The city adopts this civil citation and administrative hearing program in order to achieve the following goals:
1). To protect the public health, safety and welfare of the citizens of the city of Grover Beach.
(2). To gain compliance with this Code and applicable state codes, as well as other ordinances and regulations in a timely and efficient manner. (3). To encourage voluntary and complete compliance with the provisions of this Code and applicable state codes and to eliminate public nuisances for the protection and benefit of the entire community.
(4). To provide for an administrative hearing process to appeal the imposition of civil citations and civil fines.
(5). To provide a method to hold persons responsible when they fail or refuse to comply with the provisions of the Grover Beach Municipal Code or applicable provisions of state codes, other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the city of Grover Beach; and (6). To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.
Section 1401.
(A). Any person violating any provision of this Code or applicable state codes may be issued a civil citation by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the municipal code and the uniform codes adopted by the City Council or failing to comply with any condition imposed on any license, permit, or entitlement issued or approved under the provisions of this Code.
(B). An enforcement officer may issue a citation for a violation not committed in his or her presence if it is determined through investigation that the responsible person cited did commit the violation.
Section 1402. Definitions. The following definitions apply to the use of these terms for the purposes of this chapter:
Ordinance No. 22-03 Page 10
“Administrative hearing” means an oral proceeding before a hearing officer regarding the civil citation(s).
“Building violation” means any violation of this Code pertaining to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations set forth in Article VIII or Article IX of this code, that does not create an immediate danger to health or safety. “City” means the City of Grover Beach.
“Civil citation” means any citation issued pursuant to this chapter stating there has been a violation of this Code.
“Code” means the city of Grover Beach Municipal Code or any law, rule, regulation, or code that is adopted by reference.
“Correction period” means the period of time allowed for a responsible person cited to correct a violation shown on a civil citation.
“Director” means the community development director of the city, or his or her designee.
“Enforcement officer” means any person duly authorized to enforce the provisions of this Code.
“Hearing officer” means any person appointed by the city manager to serve as the hearing officer for the administrative hearing of civil citations. Prior to conducting any hearings the hearing officer must first be approved by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.
“Issue” or “Issued” means service of a citation to the responsible person. “Notice of Violation” means any notice advising there has been a violation of the Grover Beach Municipal Code or Building Codes or notice of a failure to correct a prior noticed violation.
“Reinspection fee” means a fee charged pursuant to this chapter against a responsible person who has become the subject of city enforcement of state or local law, and for which there is a need to recover the city’s actual cost of a second or any subsequent inspection of the property caused by the responsible party’s failure to comply with a lawful order from an enforcement officer. The amount of this fee shall be set by resolution of the city council and shall become collectible in the same manner as civil fines.
“Responsible person” means any of the following:
Ordinance No. 22-03 Page 11
(1). A person who causes a code violation to occur or continue. (2). A person who maintains or allows a code violation to occur or continue by his or her action or failure to act.
(3). A person whose agent, employee, or independent contractor causes a code violation to occur or continue by his or her action or failure to act. (4). A person who is the owner, lessee, sublessee, or current possessor of real property where a property-related code violation occurs or continues. (5). A person who is the on-site manager of a business where a code violation occurs or continues.
(6). A person who is the beneficiary under a deed of trust for the property where a property-related violation occurs or continues, and that person has not corrected the violation within thirty (30) calendar days after being notified by the director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.
Section 1403. Civil Citation – General.
(A). Each and every day a violation exists shall be a separate and distinct violation and is subject to a separate and distinct civil fine. (B). A civil citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections. (C). Every person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter.
(D). The city may take into consideration the fact that a person has been issued civil citations when the city is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such civil citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons or businesses in the vicinity.
Section 1404. Civil Citation – Building Violations.
(A). When a Notice of Violation is issued for a building violation, a thirty (30) calendar day correction period shall be allowed for the correction of the violation and the Ordinance No. 22-03 Page 12
responsible person shall correct the violation within that period. Notwithstanding the provisions of Section 1403 of this chapter, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the thirty (30) calendar days allowed for its correction, plus any extension, and a civil citation is issued containing a notice of failure to correct. The thirty (30) calendar day correction period shall not apply to a building code violation if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis.
(B). The responsible person receives a Notice of Violation for a building violation may request an extension of the correction period, provided that a request is filed with the director before the thirty (30) calendar day correction period ends. The director may, in his or her discretion, grant a reasonable extension of the time period to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the thirty (30) calendar day period. The filing for such an extension does not, unless granted, extend the thirty (30) calendar day correction period or any other time periods set by this chapter. (C). If a building violation has not been corrected by the end of the correction period, the enforcement officer has authority to issue to the responsible person a civil citation containing a notice of failure to correct. The responsible person to whom the notice of failure to correct is issued shall be liable for and shall pay to the city the civil fine or fines described in the civil citation, which civil fine or fines shall be due on the date of issuance of the civil citation. Additional civil citations may be issued and additional civil fines imposed for every day the violation continues uncorrected from the date of issuance of the civil citation.
Section 1405. Civil Citation – Contents.
(A). Each civil citation issued shall contain the following information:
(1). Name of the responsible person cited for the violation of this Code. (2). The date and approximate time when the violation(s) occurred. (3). The address or definite description of the location where the violation(s) occurred.
(4). The date on which the citation was issued.
(5). The code section(s) or condition(s) violated and a description of the violation(s).
(6). The amount of the civil fine for each violation cited. (7). A description of the civil fine payment process, including a statement advising that the civil fine shall be received by the city within thirty (30) calendar days Ordinance No. 22-03 Page 13
from the date of issuance of the civil citation, the procedure for payment of the civil fine, and the consequences for failing to timely pay the civil fine. (8). If a building violation, the civil citation shall also contain the date the thirty (30) calendar day correction period expires. The civil citation shall also state the amount of the civil fine(s) and a description of the civil fine payment process. (9). A notice that each day thereafter that a violation(s) remains uncorrected shall be a separate violation(s) subject to separate civil fine(s) until corrected. (10). An order prohibiting the continuation or repeated occurrence of each violation described in the civil citation.
(11). A notice that the responsible person cited has the right to appeal the issuance of the civil citation by requesting an administrative hearing, including the time period within which the administrative hearing must be requested, and a description of the procedure to be used in requesting an administrative hearing. (12). A description of the procedure for requesting a waiver of the civil fine deposit.
(13). An assignment of a hearing date, time and location if the responsible person cited files a request for administrative hearing and/or a waiver of the civil fine deposit.
(14). A notice that the code violation is deemed to be a public nuisance. (15). A notice of the process for the collection of unpaid civil fines and/or nuisance abatement costs as provided for in this chapter. (16). The name and signature of the enforcement officer issuing the civil citation; and
(17). Any other information deemed necessary by the director for enforcement or collection purposes.
(B). Each civil citation issued shall include a self-addressed envelope in which the responsible person can send the civil fine or request for administrative hearing or civil fine deposit waiver to the city.
(C). Failure of the civil citation to contain all of the information required in subsection (A) above shall not be a defense to the civil citation and shall not constitute grounds for dismissal of the civil citation.
Section 1406. Civil Citation – Service. A civil citation may be served by any one of the following methods:
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(A). Personal Service. An enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the civil citation. If the responsible person served refuses or fails to sign the civil citation, the failure or refusal to sign shall not affect the validity of the civil citation or of the subsequent proceedings.
(B). Service by Mail. If the enforcement officer is unable to locate or personally serve the responsible person, the civil citation shall be served by first-class mail, postage prepaid, with a declaration under penalty of perjury of service by mail executed by the person mailing the civil citation. The civil citation shall be addressed to the responsible person at the address shown on the last equalized property tax assessment rolls for San Luis Obispo County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the civil citation or of the subsequent proceedings. (C). Service by Posting. If the Enforcement Officer is unsuccessful in either personal service or service by mail, the civil citation shall be posted in a conspicuous place on the real property where the violation occurs for a building or property related violation. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the civil citation or of the subsequent proceedings.
Section 1407. Civil Fines – Amount and Penalties. (A). The maximum amount of a civil fine for violating particular provisions of this Code shall be set forth in a schedule of civil fines in the city’s Master Fee Schedule adopted by resolution of the City Council.
The schedule may include escalating civil fine amounts for repeat code violations occurring within specified periods of time. A fine amount, not to exceed those set forth by resolution, may be imposed or reduced at the discretion of the citing officer or the City Attorney.
(B). Where no civil fine amount is specified by resolution of the City Council, civil fines shall be in accordance with those specified in Government Code 36900. (C). A late payment penalty shall be imposed for civil fines not paid within thirty (30) calendar days of their due date. The amount of the late payment penalty shall be one hundred (100) percent of the total amount of the civil fine owed. (D). In addition to any civil fine and/or late payment penalty, a hearing officer shall also assess administrative costs against the responsible person when it finds that a violation has occurred or that compliance has not been achieved within the time specified in the civil citation and any granted extensions thereof. Administrative costs may include any and all costs incurred by the city in connection with the matter including, but not limited to, costs of investigation, staffing costs incurred in preparation for an administrative hearing and for the administrative hearing itself, and costs for all reinspection’s of the property related to the violation(s).
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(E). Unless otherwise prohibited by law or regulation, all civil fines and administrative costs imposed pursuant to the provisions of this chapter shall accrue simple interest at the rate of eight percent annually until the civil fine or administrative costs, including interest thereon, is paid in full. Interest shall begin to accrue thirty (30) calendar days after the due date for the civil fine or administrative costs and continue until the civil fine or administrative costs, including interest thereon, is paid in full.
Section 1408. Civil Fines – Due Date.
(A). Civil fines are due on the date the civil citation is issued, except civil fines for building violations shall be due on the date the second civil citation is issued containing the notice of failure to correct.
(B). A civil fine shall be late if not received by the city within thirty (30) calendar days of the date the civil citation was issued.
(C). If a responsible person requests an administrative hearing and has received a waiver of civil fine deposit and the hearing officer upholds the civil citation, the civil fine shall be due on the date the notice of decision is personally delivered or mailed to the responsible person.
Section 1409. Civil Fines – Payment.
(A). A civil fine shall be received by the city Administrative Services department within thirty (30) calendar days of its due date.
(B). Payment of a civil fine shall not excuse the responsible person from correcting the code violation(s). The issuance of a civil citation and/or payment of a civil fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations, and/or filing civil or criminal complaints.
Section 1410. Civil Fines – Collection.
(A). Civil fines, interest, penalties, reinspection fees, and/or administrative costs shall become a debt owing to the city and a personal obligation of the responsible person cited.
(B). The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid civil fines, administrative charges, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount of the civil fines, interest and penalties owed by a person under this chapter have been collected.
(C). The city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person, who has unpaid delinquent civil fines, interest, Ordinance No. 22-03 Page 16
penalties, liens or assessments due under this chapter related to the permit, license, or approval.
(D). The city may suspend any permit, license, or land use approval issued to a person who has unpaid civil fines related to the permit, license, or approval totaling five hundred dollars ($500.00) or more that have been delinquent for over thirty (30) calendar days. The suspension shall become effective twenty (20) calendar days after notice of the suspension is placed by the director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the provisions of this chapter on the issue of civil fine delinquency only, if the request is filed with the director before the twenty (20) calendar day period ends. Continuing to operate under a suspended permit, license or land use approval shall be grounds for revocation of the permit, license or land use approval. Revocation may be made by the same city department, or commission issuing or granting the permit, license or land use approval upon the same notice and hearing requirements for the initial issue or grant, or upon such other procedures and notice requirements if controlled by another provision of this Code. In no event shall revocation occur upon less than ten (10) calendar days’ written notice. (E). It shall be unlawful for a responsible person to fail to pay any civil fine, interest, penalty, reinspection fee, or administrative charges imposed pursuant to this chapter. The City Attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any responsible person who fails to make such a payment.
The criminal fine for this violation shall be a mandatory minimum of one hundred dollars ($100.00).
(F). Any violation of this Code shall constitute a public nuisance. To compel compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred. Any unpaid delinquent civil fines, interest, penalties, reinspection fees, or administrative charges may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code Sections 38773.1 and 38773.5. In any judicial action, administrative proceeding, or special proceeding or action of any kind to abate a nuisance, the prevailing party shall be entitled to recovery of attorney's fees and court costs. The recovery of attorney's fees is limited solely to causes of action directly associated with the abatement of a public nuisance. In no action, administrative hearing, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding. Such attorney's fees shall be recoverable as costs of abatement.
(G). To recover any delinquent civil fines, interest, penalties, reinspection fees, or administrative charges as a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred, the city’s Administrative Service Director of , at his or her discretion, take the following steps:
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(1). Submit to and receive from the City Council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner.
(2). Request the San Luis Obispo County recorder to record a notice of any liens, or special assessments, and send the recorder the resolution certifying the amounts.
(3). Request the San Luis Obispo County tax collector to collect any special assessments certified by the City Council; and
(4). Take all other necessary action to enforce collection of any liens or special assessments provided for in this chapter.
(H). The Administrative Service Director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for the civil fine. (I). All civil citations shall contain a notice that unpaid civil fines, interest, penalties, reinspection fees, and administrative charges are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the civil citation for the code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or assessment by the San Luis Obispo County recorder. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5, when a civil citation is personally served on the responsible person. In addition, the city Administrative Service Director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) calendar days before the city council considers the resolution and certifies the amounts of the liens and special assessments.
(J). A responsible person may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the City Council pursuant to the provisions of this chapter. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying code violation occurred.
Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.
(K). The parent or legal guardian of a responsible person who is a minor shall be liable for any civil fines imposed upon the minor pursuant to the provisions of this chapter. Any such civil fines may be collected from the minor, parent or guardian.
Section 1411. Preliminary Civil Citation Review.
Ordinance No. 22-03 Page 18
(A). A responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by the Community Development Department within ten (10) calendar days of the date of issuance of the civil citation.
(B). To obtain a preliminary civil citation review, the responsible person shall submit to the Community Development Department a copy of the civil citation along with a signed written request for a preliminary civil citation review stating the reasons why no violation occurred or why the responsible person cited is not a responsible person for the violation. Attached to the signed written request for a preliminary civil citation review shall be copies of any evidence that the responsible person would like considered during the preliminary civil citation review. All requests for a preliminary civil citation review shall be date stamped upon receipt by the city.
(C). A city employee designated by the director shall conduct the preliminary civil citation review. The reviewer shall not be the enforcement officer who issued the civil citation. The purpose of the preliminary civil citation review is to uncover and cancel any mistakenly issued civil citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the civil citation. (D). The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information.
The review shall be decided within three business days of receipt of the request. (E). The responsible person shall be notified of the results of the preliminary civil citation review by a written notice of decision. The notice of decision shall be forwarded to the responsible person by mail, email, or in person. (F). A request for preliminary civil citation review does not extend any time periods for compliance, including the civil fine due date, the time any correction period ends, or the time to request an administrative hearing. (G). If the conclusion of the preliminary civil citation review is that the civil citation was mistakenly issued or that the responsible person was not responsible for the violation, the citation shall be canceled.
Section 1412. Waiver of Civil Fine Payment.
(A). A responsible person requesting an administrative hearing may also request at the same time a hardship waiver of the civil fine payment. To seek such a waiver and obtain an administrative hearing on the request, the responsible person shall file with the City the signed written request form contained on the reverse side of the civil citation, check the box indicating this request, and attach a statement of the grounds for the request. The procedure governing the filing of such requests shall be the same, as provided in Section 1413 (B) of this chapter.
Ordinance No. 22-03 Page 19
(B). The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to pay the deposit of the civil fine. The responsible person shall personally appear at the administrative hearing on the request and a nonappearance shall constitute an abandonment of the request.
(C). The request shall be heard at the administrative hearing on the contest of the civil citation. At the conclusion of the administrative hearing on the waiver request, the hearing officer shall issue a notice of decision that the fine deposit is or is not waived. The hearing officer shall then proceed with the hearing on the contest of the civil citation. If the civil citation is upheld by the hearing officer, the fine payment shall be paid within thirty (30) days after the decision is made by the hearing officer. (D). A hearing officer decision on the waiver request is final and not subject to an appeal pursuant to Section 1416 of this chapter.
Section 1413. Administrative Hearing – Request.
(A). A responsible person may contest a civil citation by filing a request for an administrative hearing, except that an administrative hearing of a building violation may not be requested unless and until a second civil citation is issued containing a notice of failure to correct. To obtain an administrative hearing, the responsible person shall fill out and file a signed written request form obtained from the city’s Department of Community Development and indicate the grounds for contesting the civil citation and/or civil fine. A responsible person may contest the civil citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the responsible person cited is a responsible person for the violation. (B). To be effective and complete, the city must actually receive the request within thirty (30) calendar days of the date the citation was issued. Where the responsible person mails a request, the request shall be deemed filed on the date actually received by the city.
(C). The responsible person shall appear at the administrative hearing on the date and at the time and place specified in writing by the City by the Director of Community Development. Failure to personally attend the administrative hearing shall be considered a nonappearance. Nonappearance by the responsible person shall constitute an abandonment of the request unless the administrative hearing was continued pursuant to the provisions of this chapter.
Section 1414. Administrative Hearing – Procedure.
(A). A hearing officer shall conduct administrative hearings in accordance with the provisions of this chapter.
(B). Hearings shall be conducted by a hearing officer either:
Ordinance No. 22-03 Page 20
(1). On the date and at the time and place specified in writing by the City; (2). On the date designated as a continued hearing date, as specified hereinbelow; or
(3). On a date set by the director at least ten (10) calendar days, but not more than thirty (30) calendar days, after the responsible person requests an administrative hearing pursuant to Section 1412 of this chapter. At least ten (10) calendar days written notice thereof shall be given to the responsible person. (C). The Director shall ensure that the pertinent civil citation records are delivered to the hearing officer, including information showing all civil fine deposits or waivers granted.
(D). At the administrative hearing, the director shall make available to the responsible person copies of any additional reports concerning the civil citation that are provided to the hearing officer.
(E). The responsible person shall be given the opportunity to testify and to present evidence relevant to financial hardship, the code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a responsible person who is a juvenile under eighteen (18) years of age shall accompany the responsible person at the administrative hearing or the contest of the civil citation or request for waiver of the civil fine deposit shall be deemed abandoned. (F). The civil citation, and any other reports prepared by the enforcement officer, or prepared at his or her request concerning the code violation, any attempted correction of the code violation, or civil fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.
(G). The hearing officer, Director, or City Attorney may continue an administrative hearing if a request is made by the responsible person, or the responsible person’s representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either be made in person at the administrative hearing or by written request received by the department at least twentyfour (24) hours before the administrative hearing date. If the continuance is granted, a new administrative hearing date shall be set within forty-five (45) calendar days and noted on the notice of decision. If the continuance is denied, the administrative hearing shall proceed as scheduled, and, if the responsible person is not present, the contest of the civil citation or request for civil fine payment waiver shall be deemed abandoned in accordance with the provisions of this chapter. The decision on the continuance request is final and the notice of decision shall either be delivered personally to the responsible person or the representative if present or be mailed or emailed to the responsible person by the department.
Ordinance No. 22-03 Page 21
(H). The administrative hearing shall be conducted informally, and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.
(I). The failure of the responsible person to appear at the administrative hearing, unless continued in accordance with the provisions of this chapter, shall constitute an abandonment of the request for waiver of the civil fine payment and/or contest of the civil citation, and a failure to exhaust administrative remedies concerning the code violation(s) as set forth in the civil citation. The responsible person’s failure to appear shall be noted on the notice of decision by the hearing officer and delivered to the responsible person either in person or by mail.
Section 1415. Administrative Hearing – Decision.
(A). After consideration of all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to either waive the civil fine payment, not waive the civil fine payment, uphold the civil citation, or cancel the civil citation. The hearing officer has no discretion or authority to reduce or modify a civil fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made within ten business days of the hearing and shall be final. The notice of decision shall be mailed or emailed to the responsible person by the department. .
Section 1416. Right to Judicial Review.
(A). Any person aggrieved by an administrative decision of a hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with the superior court of San Luis Obispo County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the superior court when the appeal is filed.
(B). No appeal is permitted from an administrative decision regarding:
(1). A request for preliminary civil citation review.
(2). An extension of the thirty (30) calendar day correction period for building violations.
(3). A request for waiver of the civil fine payment; or (4). A decision that the responsible person is deemed to have abandoned the contest of the civil citation or civil fine due to her or his failure to appear at the administrative hearing or failure to deposit the civil fine.
Ordinance No. 22-03 Page 22
PART 5: Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisance) of Article III (Public Welfare, Morals and Conduct) of the Grover Beach Municipal Code are hereby repealed.
PART 6: Section 1309 through 1325 of Chapter 3 of Article 1 (Rules of Construction) of the Grover Beach Municipal Code are hereby repealed.
PART 7: Section 1500 of Chapter 5 of Article 1 of the Grover Beach Municipal Code is hereby amended as follows:
Sec. 1500. Intent and Purpose. This Chapter is adopted to declare what constitute a public nuisance and to establish procedures to abate nuisances and to recover costs of such abatement. It is declared to be in the best public interest to promote the health, safety and welfare of the residents of the City by providing a summary procedure for the abatement of nuisances, which abatement procedures shall be [not replace but be supplemental and] in addition to all other proceedings by this Code of otherwise by law. [Any abandoned vehicles declared to be a public nuisance shall be abated in accordance with the procedures of Chapter 7, (Abandoned Vehicles) of Article III of this Code to the extent those procedures are inconsistent with the procedures of this Chapter.]
PART 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the determination of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter or its application to other persons. The city council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PART 9: Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held March 28, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on April 11, 2022, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
Ordinance No. 22-03 Page 23
APPROVED:
__________________________
Jeff Lee, Mayor
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
David P. Hale, City Attorney
**DRAFT**
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 11, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Bruce Buckingham, Community Development Director A. Rafael Castillo, AICP, Senior Planner
SUBJECT: Development Application 22-07 – Pre-Application Development Review of Proposed Mixed-Use Project at 402 West Grand Avenue (Applicant: Coastal Community Builders)
RECOMMENDATION
Receive a presentation on the preliminary project by the applicant and provide input to the developer in finalizing a development application for the project.
BACKGROUND
The intersection of West Grand
Avenue and 4th Street has been
identified in the City’s Land Use
Element and the adopted West
Grand Avenue Master Plan as a
key gateway intersection that
welcomes tourist and residents
alike to the “heart” of Grover Beach.
The West Grand Avenue Master
Plan identifies the following in
relation to this key intersection:
• The tallest buildings should
be located at the corners,
with smaller massing
behind and along West
Grand Avenue.
• Buildings should have
primary entrances at the
corner of West Grand
Avenue and Fourth Street.
• Parking lots should be
located in the rear of the
buildings.
• Design and scale should draw pedestrians to this gateway intersection. • Pedestrian-scale corner treatments and an architectural focal point at the intersection. • A mix of uses including ground floor commercial with residential or hotel rooms above.
Proposed Project Site
Project
Site
Staff Report: Pre-Application Development Review of 402 West Grand Avenue Page 2 April 11, 2022
Proposed Project
The 0.69 acre property at 402 West Grand Avenue has been actively marketed over the last few years and the applicant, Coastal Community Builders, recently entered escrow to acquire the property. The applicant has submitted a “pre-application” for review by staff and to allow Council to comment on the preliminary project which includes the following (reference Attachment 1):
• Construction of a 39,200 square foot (s.f.), four-story building approximately 42-feet in height with additional architectural projections and parapets up to 45-feet in height. • 4,700 s.f. ground level commercial space envisioned as a restaurant with outdoor dining along both West Grand Avenue and South 4th Street.
• 3,200 s.f. roof top deck that could accommodate additional outdoor dining for a restaurant and additional common open space area for residents.
• 22 proposed two-bedroom residential units with a potential to increase to 44 studio units based on proposed fractional density.
• 51 on-site parking spaces.
• On-site landscaping that includes planting of screening trees and other dense landscaping with a masonry wall adjacent to existing residences along the southern property boundary. • Street trees along West Grand Avenue and South 4th Street.
Preliminary Site Plan
Staff Report: Pre-Application Development Review of 402 West Grand Avenue Page 3 April 11, 2022
The proposed building architecture includes modern architectural features with the use of wood siding on pop-out elements, particularly at the corner of the intersection with extensive tore front windows for the commercial space. The proposed project includes undulations along South 4th Street to establish a façade rhythm and pedestrian scale. The use of balconies provide visual interest on the second through fourth floors, with step backs to break up massing along West Grand Avenue. Additional materials utilized on the building include stucco, pre-fabricated metal, and other accents that complement the contemporary architecture.
Preliminary Perspective Corner of West Grand Avenue & 4th Street Preliminary Elevation Facing West Grand Avenue
Staff Report: Pre-Application Development Review of 402 West Grand Avenue Page 4 April 11, 2022
General Plan Consistency and West Grand Avenue Master Plan The Land Use Element (LUE) and the West Grand Avenue Master Plan are the guiding policy documents for the development along West Grand Avenue. The following LUE policies are applicable to the proposed development:
LU-6.4 Preference for Mixed-use Development. In general, ground floor development within the Visitor Serving – Mixed-Use designation should be reserved for retail shops, eating and drinking establishments, and visitor accommodations, with the upper floors occupied by additional visitor accommodations, offices and dwellings. To assure adequate space for visitor- serving uses, properties within this designation should not include general retail stores such as larger grocery and drug stores, auto sales or repair, or business services that are more suited to shopping centers. Although mixed-use development is encouraged, it is not required.
LU-6.5 Street Character. In general, buildings constructed in the area designated Visitor Serving – Mixed Use should be placed at the back of sidewalk along the street frontage, especially along Grand Avenue, with adequate space between the building and the curb to accommodate pedestrian walkways, street furniture (seating, lighting, landscaping, public art), and for outdoor dining and gathering.
LU-6.6 Preference for Mixed-use Development. The properties surrounding the intersection of 4th Street and Grand Avenue should be developed with visitor-serving mixed-use development that includes retail on the ground floors and housing, offices and/or visitor accommodations on the upper floors. This area may be appropriate for taller (e.g., four story) buildings.
The West Grand Avenue Master Plan has identified the site as an opportunity site. The Master Plan envisioned “the intersection of Fourth Street and West Grand Avenue should be developed into a gateway with pedestrian-oriented amenities such as outdoor cafes and well-designed corner treatments that give the gateway a distinct character.” The proposed project includes ground floor commercial space for a potential restaurant or other commercial uses with residential units behind the commercial and on the above floors.
Additionally, the applicant proposes a roof top deck that takes advantage of the site’s ocean views and could be used for additional outdoor dining. The preliminary project includes areas adjacent to the sidewalk that could accommodate outdoor dining or other outdoor uses that create character and vibrancy consistent with the LUE and Master Plan. Staff believes the proposed project is consistent with adopted policies for development at this site. The Council may provide additional comments to the applicant regarding consistency with both policy documents.
Development Code Consistency
The subject property is located in the Coastal Visitor Serving Zone (CVS) that applies to areas of the City appropriate for pedestrian oriented commercial development near the beachfront and encourages active evening uses and street life. Appropriate uses include lodging, restaurants, recreational uses, and retail and commercial services primarily for the convenience of visitors.
The preliminary uses include commercial and residential uses. Additionally, the preliminary project meets Development Code standards for parking, setbacks, heights, and mixed-use projects. It should be noted that the Development Code currently allows for building heights of up to 50 feet at this intersection and the proposed project is 42 feet in height.
Staff Report: Pre-Application Development Review of 402 West Grand Avenue Page 5 April 11, 2022
Proposed Development Code Amendments
Staff is currently working with a consultant on Development Code amendments to implement the Housing Element programs as directed by the Council. This includes adoption of objection design standards (ODS), removal of subjective policies, and introduction of incentives to promote construction of “affordable by design” housing options. One of these proposed incentives is the use of “fractional density” which would allow smaller market rate units that would count as a “fraction” of a unit as follows:
• Units up to 600 square feet = 0.50 units
• Units of 601 square feet up to 1,000 square feet = 0.66 units • Units over 1,001 square feet = 1 unit
The preliminary design of the project includes two floor plan alternatives consisting of a 2-bedroom unit approximately 1,050 s.f. which would allow 22 units, or a studio unit approximately 500 s.f., which would allow 44 units utilizing fractional density. The 22-unit project is allowed based on the current zoning, but the draft Development Code amendment would allow the use of fractional density as shown above.
The applicant has submitted a letter (reference Attachment 2) indicating their preference for using fractional density allowing up to 44 studio units and the floor plan alternatives illustrate that the increased units would be within the same building footprint with no increase in the building size or area. The Council will hold a joint study session with the Planning Commission on April 19, 2022 to review and discuss the proposed Development Code amendments with public hearings to consider adoption scheduled for May. Given the project’s location within the Coastal Zone, a development application for a 44-unit project could not be processed until such time the Code amendments are approved both by the Council and the California Coastal Commission which is anticipated this fall.
Preliminary Floor Plan Showing Unit Option Types
Staff Report: Pre-Application Development Review of 402 West Grand Avenue Page 6 April 11, 2022
Summary
The purpose of the pre-application review is to provide the applicant feedback from the Council on their preliminary project plans in addition to the review by City departments that outlines relevant policies and Development Code standards. In addition, the pre-application process allows the Council to receive a presentation by the applicant on the preliminary project and allows comments from both the Council and the public. As discussed above, staff believes the project is consistent with the Land Use Element, West Grand Avenue Master Plan and current Development Code standards along with the City’s Major City Goals of Economic Development and Housing and Homelessness.
ALTERNATIVES
The City Council has the following alternative to consider:
1. Receive a presentation on the preliminary project by the applicant and provide input to the developer in finalizing a development application for the project, or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A notice was mailed to all property owners within 300 feet and all occupants within 100 feet.
Attachments
1. Project Plans
2. Applicant Letter
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 T1 TITLE SHEET
4 0 2 W G R A N D A V E
PROJECT DIRECTORY
CLIENT:
ARCHITECT:
PROJECT ADDRESS:
APN:
PROJECT DESCRIPTION
PROJECT STATISTICS SHEET INDEX
ZONING
PARCEL SIZE:
BUILDING GROSS AREA 39,160 SF
GROUND FLOOR
SECOND FLOOR
THIRD FLOOR
FOURTH FLOOR
MAX LOT COVERAGE:
PROPOSED COVERAGE:
MAX. F.A.R.
PROPOSED F.A.R.
LANDSCAPE AREA
IMPERVIOUS SURFACE:
MAX. ALLOWED HEIGHT:
MAX. PROPOSED HEIGHT:
YARD SETBACKS REQUIRED PROPOSED
FRONT
SIDE
REAR
OCCUPANCY TYPES & AREA:
RESIDENTIAL
RESTAURANT
VICINITY MAP
ZONING MAP
PARKING
AUTO PARKING
PARKING REQUIRED:
RESIDENTIAL
COMMERCIAL
MOTORCYCLE PARKING
PARKING REQUIRED:
PARKING PROVIDED:
TOTAL PARKING
REQUIRED
TOTAL PARKING
PROVIDED
Attachment 1
COMMERCIAL
W GRAND AVE
4TH ST
RESIDENTIAL
PARKING LOT
DECORATIVE MASONRY WALL AT P.L.
5’-0 DENSE VEGETATION
402 W GRAND AVE 2572-01-RS21 A3 PROPOSED SITE PLAN
PARKING
AUTO PARKING
PARKING REQUIRED:
RESIDENTIAL
COMMERCIAL
MOTORCYCLE PARKING
PARKING REQUIRED:
PARKING PROVIDED:
TOTAL PARKING
REQUIRED
TOTAL PARKING
PROVIDED
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
W GRAND AVE
4TH ST
402 W GRAND AVE 2572-01-RS21 A4 GROUND FLOOR PLAN
GROUND FLOOR PLAN
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 A5 SECOND FLOOR PLAN
SECOND FLOOR PLAN
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 A6 THIRD FLOOR PLAN
THIRD FLOOR PLAN
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 A7 FOURTH FLOOR PLAN
FOURTH FLOOR PLAN
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
WATER VIEWS
WATER VIEWS
TRANSPARENT RAILING
402 W GRAND AVE 2572-01-RS21 A8 FOURTH FLOOR PLAN
ROOF TOP DECK
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
2 BEDROOM DESIGN OPTION
PARKING (2-BED UNITS ONLY)
AUTO PARKING
PARKING REQUIRED:
RESIDENTIAL
COMMERCIAL
MOTORCYCLE PARKING
PARKING REQUIRED:
PARKING PROVIDED:
TOTAL PARKING
REQUIRED
TOTAL PARKING
PROVIDED
402 W GRAND AVE 2572-01-RS21 A9
BED 1 BED 2
W.I.C.
W.I.C.
BATH 2
BATH 1
KITCHEN
LIVING
DECK DECK
BATH
KITCHEN
LIVING
STUIDO
402 W GRAND AVE 2572-01-RS21 A10 UNIT PLANS
STUDIO UNIT PLAN 2-BED UNIT PLAN
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 A11 STREET ELEVATIONS
NORTH ELEVATION - GRAND AVE
WEST ELEVATION - 4TH ST
402 W GRAND AVE 2572-01-RS21 A13 COLOR AND MATERIALS
0 4 8 16
1/8” = 1’-0” 24X36 SHEET
402 W GRAND AVE 2572-01-RS21 A14 TRASH ENCLOSURE
ELEVATION : FRONT
PLAN VIEW
ELEVATION VIEW
ELEVATION : LEFT ELEVATION : RIGHT
ELEVATION : REAR
Attachment 2